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HomeMy WebLinkAboutMinutes 07/20/1993 2519 CITY COUNCIL MEETING Port Angeles, Washington July 20, 1993 CALL TO ORDER - Mayor Hallett called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:20 p.m. ADJOURN TO The meeting adjourned to Executive Session at 6:21 p.m. to discuss litigation and EXECUTIVE SESSION: personnel matters for approximately 40 minutes. RETURN TO OPEN The meeting returned to open session at 6:55 p.m. SESSION: CALL TO ORDER - Mayor Hallett called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:05 p.m. ROLL CALL: Members Present: Mayor HaHett, Councilmen Braun, Hulett and Ostrowski, Councilwoman Sargent, and Councilmen Schueler and Wight. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Deputy Clerk Hagar, L. Glenn, K. Godbey, S. Ilk, J. Pittis, B. Titus, K. Ridout, T. Smith, G. Kenworthy, D. Sawyer, B. Becker, T. Riepe, Y. Ziomkowski, M. Shamp and L. Emery, N. Wu. Public Present: B. Philpott, J. Michalczik, D. Van Brocklin, B. Blore, R. Springer, S. Springer, J. Hass, R. Oakes, Mr & Mrs. N. DeScala, H. Holldorf, L. Churchill, D. Schindler, P. Devine, D. Hansen, M. Hansen, M. Michalczik, D. Swanson, D. Wilcox, S. Hicks, D. Hayward, P. Hayward, D. Maher, N. McHenry, L. Bell, J. Fairchild, D. Christensen, D. Foster, D. Foster, E. Smith, R. Smith, T. Keywood and L. Tickell. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Hallett. ALLEGIANCE: APPROVAL OF Councilman Ostrowski moved to approve the minutes of the regular meeting of MINUTES: July 6, 1993. The motion was seconded by Councilman Braun. Councilman Schueler pointed out an error on Page 2: the Downtown Association meeting will be held on July 21, not July 31. This correction was duly noted. A vote was taken on the motion, which carried unanimously. CEREMONIAL Mayor Hallett read a memorandum prepared by Police Chief Ilk on employee MATTERS/ commendations. Officer Shannon Ridout received the Life Saving Medal, Sergeant PROCLAMATIONS: Terry Gallagher received the Distinguished Service Medal and Officer Ed Schilke received the Distinguished Service Medal. Employee Commendations After the presentations, Mayor Hallett thanked the officers for their devotion to duty and also thanked their spouses and families for sharing these gentlemen with the City of Port Angeles. PUBLIC 1. Brando Blore, Recycle Paper Plant Technician of Daishowa American, to PRESENTATION discuss timber issues Timber Issues Mayor Hallett introduced and presented background on three gentlemen involved in the timber industry, who were in attendance to submit presentations this evening. They were Brando Blore, Co-chairman of the Washington Delegation for Pulp and - I - 2520 CiTY COUNCIL MEETING July 20, 1993 PUBLIC Paper Workers Resource Council; Don Hansen, Fiber Procurement Manager for PRESENTATION Daishowa American; and Rod Weekes, President of Local 155 of ITT Rayonier. Timber Issues Councilman Ostrowski informed the Council that he and Councilman Braun had seen (Cont'd) a preview of this presentation, and they felt it was important enough for the rest of Council and the public to see what the timber situation is in this area at the present time. Utilizing the overhead projector, Mr. Blore summarized and explained various transparencies regarding the problems facing the timber industry. The average American uses one tree that is 120 feet tall and 20 inches in diameter each year. The demand for softwood lumber is increasing, although recycling efforts have helped to stabilize the demand for pulpwood lumber. Between 1600 and 1990 the area of U.S. forest land has decreased from 1.1 billion acres to 730 million acres. However, a large portion of this decrease can be credited to lands being cleared for agricultural purposes during the 1700's and 1800's. Trees are a renewable resource and replanting efforts began in the 1940's, which is why we have approximately 20 % more standing trees today than we had in 1952. Between 1990 and 1992, a total of 124 pulp and paper mills closed down in Oregon, Washington and California. This resulted in a loss of 13,432 jobs. There is a possibility of 31 more mills closing, resulting in more than 5,000 lost jobs. The timber is there; however, due to various legislative proposals and endangered species management plans, forestry is just about at a standstill. Mr. Blore encouraged the Council and citizens of Port Angeles to become involved in a letter writing campaign to our government representatives expressing displeasure with the current timber policies. Don Hansen seeks wood supply for Daishowa America. He explained the price for pulp is low due to overall market conditions. However, the demand for wood is only down 10% to 20% total. The pipeline of logs harvested from national forest lands is empty. Mills are forced to seek alternate sources which are farther away and more expensive. The weak pulp market does not support this extra expense. The Olympic Peninsula is rich with timber. Even the clear cuts are full of trees. The National Forest contains more than 50 % virgin old growth. Mr. Hansen feels there is a lot of misinformation being used to justify decisions by public officials, or used to justify unproven theories. The forests are in better shape than ever. Harvest levels should not be as severe as they currently are. Locking up land is not the key to preserving old growth, the key is letting managed forests grow old. Rod Weekes from ITT Rayonier explained that the employees at the mill have been active in a letter writing campaign over these issues attempting to get resolution or certainty to the timber crisis. The amount of timber harvested off federal lands is very important to the mill. The employees of the mill are not satisfied with Option 9. They believe the forests can be managed by foresters and produce adequate amounts of timber and fiber supply as well as satisfying the environmental needs of the people. The support of Council and the community is greatly appreciated. Mayor Hallett thanked these gentlemen for their time and presentations. He assured them that the Council is behind them in their endeavors and will work as an advocate for assuring the making of reasonable decisions and that a proper balance is established and maintained. Clallam County Economic 2. Presentation by Deborah Maher, Executive Director of Clallam County Development Council Economic Development Council Utilizing the overhead projector, Ms. Maher used charts and graphs to demonstrate to the Council the activities and accomplishments of the Economic Development Council. The timber crisis has revealed an urgency for economic development and the need to diversify the economy. Ms. Maher wished to present the Council with an economic report card, and to inform the City as to where the EDC is headed and what they are doing in an attempt to improve the local economy. Eighty percent of all business in Clallam County have 10 or fewer employees. This shows that small business is the backbone of our community. In 1980, the Clallam County Labor Force contained approximately 21,000 people. In 1990, there were approximately 24,000 employed people. The median income for Clallam County is lower than the State average, and the unemployment rate is higher. The total number of businesses in Clallam County for 1987 was slightly over 1,600. In 1991 it was just over 1,900, with most of the new businesses opening in the 2521 CITY COUNCIL MEETING July 20, 1993 Clallam County Economic service area and retail trade. This is due in part to the EDC/SBDC counseling that Development Council is available. The EDC has three main goals: 1) support local businesses; 2) develop (Cont'd) local infrastructure; and 3) recruit new businesses. Ms. Maher went on to explain what the EDC is doing to support existing businesses. The EDC now has a full time business development specialist. Nearly $5,000,000 worth of small business loans have been packaged in the past year. To date, $1.5 million has been received. This is a total of 86 new jobs created and 98 jobs retained. There have been 1.2 million new sales created in Port Angeles, which resulted in new tax revenue of $12,772, sales retained of $2 million, and taxes retained of $20,000 all in one year. The EDC is now computer linked to the SBA office in Seattle and they have all sorts of free materials and information available. They are located on the second floor of Seafirst Bank. All are welcome CITY COUNCIL Councilman Hulett met with the Historical Society for the first time. There is a fund COMMITTEE raiser being planned for September. This will be a traditional salmon bake up at the REPORTS: Lincoln School site. There was also discussion of a donation of a steam donkey that will be restored on site in front of the school. This will be a working exhibit. Councilman Hulett also wanted to inform Council of the Port Angeles bicycle moto- cross Gold Cup Qualifier which took place this weekend. There were 79 participants from out-of-town on Friday for this event, 133 on Saturday and 154 on Sunday, which was a great turn out. Councilwoman Sargent also attended the bicycle event. She was amazed at the number of people there and impressed with the professionalism of the people handling the event. Councilman Ostrowski attended his first Multimodal Transportation Programs and Project Selection Committee in Seattle last week. There is an item on tonight's agenda regarding this, so he deferred comment until that time. Mayor Hallett attended the Puget Sound Blood Bank Program meeting today along with Councilmen Ostrowski and Schueler. There will be a blood drive scheduled for July 22, 1993, from 8 a.m. to 8 p.m. at the VBMCC. He encouraged participation in the blood drive. Mayor Hallett also met this morning with the Mayors of Forks and Sequim, as well as several administrative people, to discuss issues that are affecting the area. He will give a report at a later date. Councilman Braun attended Capital Finance Planning meetings on July 7 and 14th. This was wrapped up on the 14th and a f'mal report will be forthcoming. On July 9 he attended the presentation by the Timber Industry which Council also saw this evening. On July 19 Councilman Braun attended a UAC meeting as well as his first Clallam Transit meeting. Councilwoman Sargent attended the EDC Executive Committee and the Council's letter was discussed and partly resolved. The budget is presently under review. She will report more on this at a later date. There have been two meetings regarding the Japanese visit which will be from August 3 to 12, 1993. There will be 18 visitors, three of which still need housing during their visit. Anyone who can help with housing is asked to call. Japanese Friendship Day II will be held on Sunday, August 8, 1993, at the VBMCC. This will be from 1 p.m. to 6 p.m. and it is open to the public. Councilman Wight reminded Council that the delegation from Mutsu City is bringing a number of items with them, which they intend to donate to auction. The monies raised will be used to help defray the costs of a delegation of young people from Port Angeles making a trip to Mutsu City in 1994. Councilman Schueler also attended the meetings on the Japanese visit and he was excited and surprised by the turnout of interested citizens. He also attended the Health Advisory Committee meeting and they are continuing their research into public health problems and ways of reducing them. Councilman Schueler was also at the Puget Sound Blood Bank meeting held today, which he found to be interesting. Councilman Wight attended the State Marine Safety Oversight Board meeting, which was held here in Port Angeles. The Office of Marine Safety is considering the location of a rescue tug in either Neah Bay or Port Angeles. The City may want to actively promote itself as the best place to locate this tug. The Board is also considering the opening of an office in the Port Angeles area to work in conjunction with the Coast Guard to inspect vessels for safe operation, etc. A discussion ensued -3- 2522 CITY COUNCIL MEETING July 20, 1993 CITY COUNCIL regarding the possibility of placing the rescue tug in Port Angeles and what needs COMMITTEE to be done to promote the location of a Marine Safety Oversight office here. REPORTS: (Cont'd) Councilman Wight also attended the UAC meeting on July 19, 1993. The Committee reviewed the Cost of Service Study and examined the impacts of the rate increases being passed on to the City by the BPA. Bonneville has raised the City's rates by almost 16%. It appears the City will have to pass on to the rate payers an increase of almost 14%. There will be a public hearing on this issue at the next regular Council meeting held August 3, 1993. The City staff, UAC and IT customers engaged in a long, exhaustive process to arrive at the recommendations. Advance information can be obtained from the City Light Department. FINANCE: 1. Bid award for Senior Center Construction Bid Award for Senior Mayor Hallett reviewed the information provided by the Department of Public Center Construction Works. Councilwoman Sargent moved to accept the bid from Olympic Western Co. for construction of the Port Angeles Senior Center as submitted for Base Bid #1, #2, and #3 and accept Alternatives #1, //2, #3, #4, and //7 for a total bid of $1,859,175, plus sales tax, and authorize the Mayor to execute the construction contract. Councilman Wight seconded the motion. Councilwoman Sargent was pleased to see the bid came in below estimate, which allows the inclusion of all the alternates that were bid. She asked the people from the Senior Center to stand and be recognized, as they have waited for this event for a long time. The Council was informed by Parks Director Brodhun that he estimates it will take approximately one year to complete construction, which will hopefully start in August. Public Works Director Pittis requested the motion be amended to include waving the condition of a list of subcontractors in the bid. This was agreed to by the maker and seconder of the motion. A brief discussion followed as to why one of the bids was so much higher than the others. A vote was taken on the motion, which carried unanimously. Bid Award for Digger 2. Bid award for digger derrick for Light Department Derrick for Light Department Mayor Hallett reviewed the information provided by the Light Department. Councilman Schueler moved to deem the bid from Altec Industries, Inc as non- responsive and to accept the bid from Pacific Utility Equipment Co. in the amount of $141,451.67. Councilman Braun seconded the motion. It was requested by Councilman Braun that future bids include a picture of the equipment so that Council has an idea of what type of equipment is proposed for bid. Public Works Director Pittis related that some of these equipment pieces are one of a kind, as pieces are received from various manufacturers. There may not be an exact equivalent to take a picture of. A vote was taken on the motion, which carried unanimously. Final Acceptance and 3. Final acceptance and payment to Delhur Industries for Latidfill Erosion Payment to Delhur Control Project 2D Industries for Landfill _ Erosion Control Project Mayor Hallett reviewed the information provided by the Public Works Department. 2D Councilman Ostrowski moved to accept the project, authorize final payment of $72,823.39 to Delhur Industries, payment of $3,541.99 for retainage to Seafirst Bank, and authorize release of the total retainage of $7,759.26 upon receipt of clearance from the Departments of Revenue and Labor and Industries. The motion was seconded by Councilman Braun and carried unanimously. Bid Award for 2nd Street 4. Bid award for 2nd Street Bridge reconstruction Bridge Reconstruction City Engineer Kenworthy distributed a new memorandum on this issue as there had been a funding change. Mayor Hallett reviewed the information provided by the Public Works Department. Engineer Kenworthy explained to Council why there were changes to the funding methods. Councilman Braun inquired as to why the City only received one bid on this project. Engineer Kenworthy informed him that at the time this item went for -4- 2523 CITY COUNCIL MEETING July 20, 1993 FINANCE: (Cont'd) bid the contractors were very busy and bidding other jobs. This project just slid between the cracks. Councilman Wight pointed out that this was a time sensitive Bid Award for 2nd Street project and that the City had no choice but to award this bid to General Construction. Bridge Reconstruction (Cont'd) Councilman Schueler asked if this was a bridge or a culvert. It is bridge replacement. The existing bridge is being replaced with a concrete culvert so it can be taken off the bridge replacement program. Councilwoman Sargent moved to accept the bid from General Construction in the mount of $136,960.00 and authorize the Mayor to sign the agreement for replacement of the Second Street Bridge. Councilman Wight seconded the motion. Further discussion followed. A vote was taken on the motion, which carried unanimously. CONSENT AGENDA: Councilwoman Sargent moved to accept the Consent Agenda, including: (1) Acceptance of Coastal Zone Management grant of $17,000 from the Department of Ecology; (2) Old Mill Road booster pump station; (3) Correspondence from the Washington State Liquor Control Board; (4) Concept Administrators through June, 1993, of $542,419.54; (5) Wire transfers for June, 1993, of $359,101.89; (6) Payroll of July 4, 1993, of $377,699.30; and (7) Voucher list for July 16, 1993, of $1,184,043.31. Councilman Wight seconded the motion, which carried unanimously. ITEMS FROM THE Nick DeScala, 804 Seamount Drive, wished to address the problem of outdoor AUDIENCE/COUNCIL/ burning. This pertains to land clearing, particularly in the west end where he STAFF TO BE resides, and the problems which arose from the last slash burning. Due to the length CONSIDERED OR of tonight's agenda, this will be added to the agenda for the next regular meeting of PLACED ON A the Council. FUTURE AGENDA: Senior Planner Sawyer wished to make a correction to the agenda. Item six under Planning Commission/Action Items should be deleted. This is not an item that needs to go before Council, as the Planning Commission is the final body for that decision. However, in the packet there is a report on Seamount Estates, a preliminary plat, which was inadvertently left off the agenda. Councilwoman Sargent requested to add an item. There is a resolution regarding the Japanese Friendship Day, which she would like considered. This was added as Item 8 under Other Considerations. Councilman Wight wished to add a brief discussion on the Governor's investigative board on Peninsula College and whether or not Council wants to take note of what is going on with that board. Councilman Schueler wished to discuss financial support of Japanese Friendship Day as well as the resolution. This was agreed to by consensus. Mayor Hallett requested that Council address two issues before moving on to legislation. One is consideration of the financial reports for the second quarter and the other is the Daishowa car wash. Financial Reports, I. Consideration of financial reports for the quarter ended June 30, 1993. Second Quarter, 1993 Mayor Hallett announced that the City has received its third Government Finance Accounting Officers Distinguished Budget Award. Finance Director Godbey explained that the 1993 budget is submitted to the Government Finance Officers Association of the United States and Canada (GFOA), and for the third consecutive year the GFOA has designated Port Angeles as receiving the distinguished budget award. There is another program sponsored by the GFOA that the City will be submitting the 1993 annual report to, which is the Comprehensive Annual Financial Report. Director Godbey explained that the City's fiscal year is the same as the calendar year. As of June 30, the City should have received about 50% of the revenues and should have spent about 50 % of expenditures. Some revenues are cyclical such as hotel/motel tax, which shows a large increase in summer months. Utilizing the overhead projector, Director Godbey showed Council how revenues are projected. Mother nature plays a part in the City's revenue levels. Cool, rainy summers mean fewer visitors to the Peninsula. This results in lower hotel/motel taxes as well as lower sales tax. A good summer, such as the one we experienced in 1992, gave us a record high level of tax revenues. We are currently on budget, -5- 2524 CITY COUNCIL MEETING July 20, 1993 Financial Reports, because the City budgeted for this difference. Second Quarter, 1993 (Cont'd) A shut down at the mills also affects revenue. Six percent of the light fund goes into the general fund as utility taxes. If the mills aren't working, there is a substantial decrease to the light fund, therefore a decrease to the general fund. All expenditures are being closely monitored, because the budget is so tight this year. We are currently about 5 % below the 1992 level on the sales tax this year, but this is largely due to construction activity. About 25 % of the general fund revenue is sales tax. Approximately 20% is utility tax, 15% property tax and the rest is miscellaneous taxes and service charges. Director Godbey reviewed the self-insurance fund. For several years the City under- funded this program. Premiums were increased to 60% in 1992 in an attempt to balance this fund in 1993. There were unusually high claims in 1993 and the City is already over budget. It is hoped that these claims will level off for the rest of the year. Departments are being requested to trim their budgets so funds can be transferred to the self-insurance fund. In order to stay within budget for the rest of the year, claims must average $60,000 or less per month. Treasurer Ziomkowski provided a brief summary of the City's investments and earnings for 1993. The City's investment portfolio is usually about $20 million. It was over $20 million at the end of June, all invested in diversified instruments with maturity dates varying from one day to 25 years. The average return at the end of June, was between 4.7% to 5%. It is difficult to predict the future. Interest rates are going crazy. It was expected that the long term yield would stay at about 7 % and the short yield would go up. However the short term yield is still at a very low level, about 3 %, and long term yields are decreasing to about 6% for a 30 year treasury bond. It appears this trend may continue, and for the next year or so the long term yield will stay low. Daishowa Car Wash 2. Daishowa car wash Mayor Hallett informed the Council that the City has been informed that Daishowa may want to close the car wash near the Hook. City Manager Pomeranz related that he had been contacted by Stan Hicks, Mill Manager of Daishowa America. The City has participated with Daishowa for many years by providing free water to the car wash that is used by citizens and visitors alike. Manager Pomeranz felt this should be brought to Council as it has been relied on for so long that it will be missed when it closed and it might reflect on the City and the mill if the public is not properly informed of the reasons for the closing. While Manager Pomeranz feels the car wash is a tremendous service which the mill offered to the community, and while the City has participated by offering free water, he did not feel the City should be in the car wash business, as there are businesses in town that provide that service. Start Hicks addressed the Council and reported that due to the windy spring the City experienced this year the roadway near the car wash was always wet due to overspray. They had also received calls from people who complained of getting wet while walking the waterfront trail. An employee questioned who has liability if an accident occurred at that spot due to the wet roadway. This prompted Mr. Hicks to get out of the car wash business. However, this is an asset to the City and an attraction historically for a long time, and he proposed the City take over full responsibility. Mr. Hicks went on to advise Council that each car wash probably uses about 450 gallons of water, and the facility uses approximately 1/2 million to 3/4 of a million gallons of water on a good day. The water is off in August and September for _ conservation measures, and again during freezing conditions during the winter. Daishowa intends to turn it off permanently in August during low stream flow. It is not acceptable for another organization to take it over, as Daishowa would still retain third party liability for it. Councilman Schueler pointed out that, historically, the car wash was installed to wash salt spray off vehicles. Now that the riprap is in place, this is no longer a problem and the car wash is not really necessary. Councilman Wight agreed that Daishowa is under no obligation to continue the car wash; however, he felt the public had the right to know of this decision and be given an opportunity to form a coalition to mn it. If no one steps forward for this purpose, then it should be closed down. Councilman Ostrowski inquired as to who owned the land the car wash is on, the City or Daishowa. Mr. Hicks felt it was shared as there is a right of way associated with the street. Councilman Ostrowski feels the City should make an effort to keep the car wash going. Mr. Hicks reminded the Council that in the future the car wash will have to be in compliance with the stormwater management plan. A certain -6- 2525 CITY COUNCIL MEETING July 20, 1993 Daishowa Car Wash amount of grease and oil will be running into the water which runs into the lagoon (Cont'd) and that is not acceptable in stormwater. Whoever takes over the car wash will have to invest some capital to make sure the water from the car wash goes into the City sewer system. When the car wash is turned off during conservation measures, the mill never gets complaints from citizens. Break Mayor Hallett recessed the meeting for a break at 9:45 p.m. The meeting reconvened at 10:00 p.m. LEGISLATION: A. Public hearings Six-Year Transportation 1. Six-Year Transportation Plan and obligation of 1993 ISTEA Funds Plan and Obligation of 1993 ISTEA Funds - Mayor Hallett reviewed the information provided by the Public Works Department. - Resolution No. 25-93 He opened the public hearing at 10:00 p.m. No one appeared to speak to the issue and the public heating was closed at 10:01 p.m. Mayor Hallett read the Resolution by title, entitled RESOLUTION NO. 25-93 A RESOLUTION of the City of Port Angeles adopting the Six-Year Transportation Improvement Program. Public Works Director Pittis distributed copies of a letter from Superintendent of Schools John Pope, supporting the completion of Milwaukee Drive. He also explained to the Council that with the ISTEA funds available, a transportation plan can be funded. The Public Works and Planning Departments both support the development of a transportation plan that would reinforce and provide more detail to the Comprehensive Planning efforts. Director Pittis encouraged the public to become involved in discussion of alternative routes, bikeways, and sidewalks, as there needs to be more communication between the people involved with land use and the people involved with transportation. It will take approximately one year to complete this study on the transportation plan. Further discussion followed. Councilman Braun moved to pass the Resolution as read by title, and to authorize the Mayor to sign an application to the state for allocation of the 1993 ISTEA funds for transportation planning. Councilwoman Sargent seconded the motion, which carried unanimously. Adoption of Amended 2. ADOPTION OF AMENDED OFFICIAL ZONING MAP, City-wide: Official Zoning Map - Presentation and public comment on new official zoning map and format. Ordinance No. 2766 Mayor Hallett reviewed the information provided by the Planning Department. Meeting Extended Councilwoman Sargent moved to extend the meeting past 10:00 p.m. Councilman Braun seconded the motion, which carried unanimously. Mayor Hallett opened the public heating at 10:11 p.m. Tom Keywood, 209 West Fifth Street, indicated that he had attended the Planning Commission meeting of July 14, 1993. Mr. Keywood is purchasing a parcel of property from the railroad, which is located off Marine Drive. The property extends from "D" Street to "H" Street. It is approximately 2000 lineal feet long and 100 feet -- deep. When he purchased the land, he was using the existing map. (Mr. Keywood gave a copy of the existing map to Council for comparison purposes.) The railroad purchased the property from 1909 to 1912, making numerous agreements with property owners. Mr. Keywood has gone through deeds searching for his rights as far as quit claim deeds, condemnation deeds, warranty deeds and right-of-way. He came to the City as a contractor. He was told by Staff to look at the map and make decisions according to the zones. This particular parcel shows a clear strip 100 feet wide by approximately 30 to 40 feet at one end, and the elevation is approximately 15 feet. It starts west of Beatings, Inc. and proceeds down to the tavern at the foot of Hill Street, which climbs to about 60 feet. The new map doesn't show this. Mr. Keywood wants it recorded somewhere that there is an open spaced, unzoned area there that has been that way since 1909. He agrees that he must work with the City on zoning this land if he decides to do anything with this land. He received a letter today from the City, stating this entire area was zoned PBP. When he decided to purchase the land, he went by the map Council is looking at, which shows 30 feet north to Marine Drive as zoned light industrial and then a clear strip with the railroad r.o.w, and then south up the bluff where no one can build there is a PBP -7- 2526 CITY COUNCIL MEETING July 20, 1993 LEGISLATION: zoning in purple. Mr. Keywood wants it to be shown that this has been an open (Cont'd) zone. The new map shows the entire area all the way to Marine Drive with no railroad r.o.w, and no open zoning. He doesn't want this to affect him, as the PBP Adoption of Amended zoning allows one residential structure, and there is a possibility of more than one. Official Zoning Map - Ordinance No. 2766 Councilwoman Sargent requested the Planning Department respond to Mr. (Cont'd) Keywood's comments. Senior Planner Sawyer related that the original map has been in existence for over ten years and is obviously difficult to read. This is the reason for tonight's updating. However, all of the land under the original zoning map was zoned. That was the intent of the map. There were no open spaces created or unzoned areas. The r.o.w.s were left clear for visual readability of the map. When a r.o.w, was vacated, or a zoning question arose regarding a r.o.w., it was determined by the adjacent zoning going to the centerline of that particular r.o.w. The adjacent zoning to this particular property is industrial and PBP. PBP does not mean you cannot have any type of use at all. There are exceptions including single family residences. The determination of a PBP zone, which is placed on all ravines, is determined by the City Engineer establishing the average point of either the toe or the bank of that ravine. The line where a zone is determined is based on the natural features of the land and done on a case by case basis by the City Engineer. Mayor Hallett stated that if a citizen follows due process, asked the questions, did everything properly and made business decisions based on that information from the City, that citizen should not then be penalized because of misinformation given to him. Mr. Sawyer explained that no one from the Planning Department ever declared this property unzoned. The information that was provided was that the property was impacted by the PBP zone, and the actual location of that PBP zone and the slope would have to be determined. Mr. Sawyer personally met with Mr. Keywood and indicated that Mr. Keywood must bring in documentation as to where the toe of the slope would be to help clarify zoning. The City Engineer is also authorized to go out and determine that from the City's point of view. Attorney Knutson explained that even if a City employee had provided incorrect information, this would not change the zoning code. The information before the Council tonight, in the form of the amended zoning code, is the correct legal position with regard to the zoning of this particular piece of property. It is consistent with what the Planning Department has determined to have been the intent of the original zoning map. Mr. Keywood requested the exact wording when the land was declared PBP from a railroad r.o.w. Mr. Keywood understood that railroad r.o.w.s have different rules than City streets. It doesn't go to the center. Mr. KeYWood feels the new map is the cloaking of a rezone and totally wipes out his investment. He requested this ordinance be deferred to a later date. Councilwoman Sargent inquired as to what type of improvements are to be done to the land. Mr. Keywood explained that he has been working on this since May, and he has heard four different zones from the City. Based on this, he has been attempting to make a decision. If the land is zoned PBP that's t-me, he is allowed one structure that can be done safely. He has no desire to build an unsafe structure. It would deny him 95 % usage, which is unreasonable and unfair. Councilwoman Sargent asked if Mr. Keywood planned or desired to build more than one house. Mr. Keywood responded that is subject to the engineering, there are several places available that would be nice water front bluffs above the marina. He desired to be closer to his boat, which is down in the marina. He was looking at this property and the remaining parcels as possibly an investment. As PBP there is nothing he can do to regain his investment except have a 2000 foot yard, 100 feet . long. Planner Sawyer informed Council that there are two zoning ordinances affecting this piece of property. One is the PBP zoning which allows for a single family residence to be developed. The second ordinance affecting this property is the environmentally sensitive areas ordinance. The entire property will probably be identified as a sensitive area protected by the ordinance. There will be restrictions based on that ordinance. There are exceptions in that ordinance also, which allow for the construction of a single family home. However, complications set in due to the fact that the ordinance restricts that exception to one single family home and has other conditions, which include not being a part of a larger development. Further, Mr. Sawyer assumes that when the applicant receives title to the property, it will be as one parcel even though it is a long narrow parcel. Then there will be a subdivision issue and that will come under the environmentally sensitive areas ordinance also. This is a very complicated issue. Mr. Keywood advised Council that he would be taking this property not as one parcel, but as all those different deeds that the railroad got it from, because they are -8- 2527 CITY COUNCIL MEETING July 20, 1993 LEGISLATION: quit claiming their position to him. He will have pieces of lots that were originally (Cont'd) platted back in the 1800's as residential lots here in the City, 50' x 150' or something like that. Will the PBP be applied to each particular lot or all the lots as Adoption of Amended a whole? He cannot get answers to these questions. Official Zoning Map - Ordinance No. 2766 Mr. Sawyer replied that currently the position of the Planning Department is that the (Cont'd) PBP zone is the zone that is in effect by ordinance based on the delineation of the toe of the slope of that particular marine bluff. Beyond that particular definition, there is the environmentally sensitive areas ordinance, which not only has the toe of the bluff identified, but a 50 foot buffer from that. Both of those ordinances are in effect. As soon as the toe of the slope is delineated, the Planning Department will have a better idea of the restrictions that will be on this piece of property. Councilwoman Sargent queried as to whether or not each one can be a separate parcel with a separate house if wetlands and everything else was in line. Mr. Sawyer said there could be if the lots are legal lots of record, then they are treated as such under the zoning ordinance. However, each lot would have to be able to provide access and meet the setback restrictions that normally apply to City lots. Councilman Braun asked when the toe of the slope would be established. Planner Sawyer responded this information has not been requested from the City Engineer. Mr. Keywood indicated he was informed by one of the engineering companies in town that the bluff is no longer affected by tides; therefore, technically, it may not be a marine bluff. The work on Marine Drive has extended the boundaries, so it is well past 200 feet, so this is a former marine bluff but not currently affected by water. Mr. Keywood feels that the definition may not apply, and this is being made more difficult than it really is. He has no desire to build anything that is unsafe. He has consulted three local engineers, one who used to ride the train from Joyce to Port Angeles. This engineer pointed out that there used to be 180,000 ton trains riding up and down that bluff, and in his opinion this was safe. Mr. Keywood still wants to hear from other engineers and get the best possible plan for development. Since there is a minimum of one house, he would like to go ahead and get that legal description and begin. Mr. Keywood went on to inform Council that he disagreed with the environmentally sensitive areas ordinance, because of the septic runoff and perforated pipes coming off the bluff. In his opinion, there appears to be more water coming off the bluff that is manmade than is natural. However, he was aware that this was a point he would have to prove at some point, so Staff did not mislead him on this issue. His big question is whether the zoning is on the whole thing, or could it be done per parcel. He is not planning on building tract houses, as he cannot afford it. He desires to use the remaining parcels, if they are engineered correctly and safe, to be able to sell in the future as an investment. Attorney Knutson had asked Mr. Keywood to bring in the legal title documents that he is referring to. Attorney Knutson feels that how the railroad acquired the property by separate parcels is only part of the issue. Related to that will be how the environmentally sensitive areas ordinance and the City's platting ordinances also apply. It is a complicated question. The reason this property has never been developed since the railroad abandoned the r.o.w, is because it is not an easy piece of property to develop. Mr. Keywood has the original plats from the Port and maps from the Planning Department. They will show the original plats, which haven't changed. Mr. Keywood understands that if he does change them, it constitutes a rezone and he will lose his residual rights that he was looking for. Mr. Keywood is in the process of acquiring all the agreements which have been signed by the City. Once he has all the agreements and deeds collected he will be happy, with his attorney's consent, to give these documents to whomever wants to see them. In the meantime, he would like to at least get a tentative approval to do the limited development on one parcel, and he knows it is subject to all the questions that have arisen. Mayor Hallett asked if pre-existing agreements would be affected by the adoption of an official zoning map. Mr. Sawyer didn't believe they would, as what Council is doing tonight is approving the map. Mr. Sawyer then quoted PAMC 17.96.030 A5 and explained that zoning was determined by the process quoted and not whether or not it was a fraction of an inch over on the map. Mr. Sawyer went on to state that whether the map is adopted tonight or not, the zoning will be the same, because the map being identified tonight does not change the zoning of this piece of property. If a change is necessary due to information supplied by Mr. Keywood, that change would be the same whether it was under the old map or the newly adopted computer map. Mr. Keywood explained that it appeared to him that the zoning on the old map was -9- 2528 CITY COUNCIL MEETING July 20, 1993 LEGISLATION: different than the zoning on the new map. He was afraid this would preclude him (Cont'd) from doing anything with the land he has purchased. Adoption of Amended Councilman Wight. advirggt Mr. Keywood to bring the material he has gathered and Official Zoning Map - meet with the Planning staff and the City Attorney and try to resolve these issues. Ordinance No. 2766 However, the adoption of the map tonight will not affect this one way or the other. (Cont'd) Mayor Hallett closed the public hearing at 10:46 p.m. Mayor Hallett read the Ordinance by title, entitled ORDINANCE NO. 2766 AN ORDINANCE of the City of Port Angeles amending Ordinance 2158, as amended, repealing Exhibit "1" to Section 1 of that Ordinance, and adopting an Official Zoning Map for the City of Port Angeles. Councilwoman Sargent moved to adopt the Ordinance as read by title, citing the following Findings and Conclusions: Findings: (1) The Port Angeles Official Zoning Map, identified as "Exhibit 1" to Section 1 of Ordinance No. 2158 is over ten years old; (2) The Official Zoning Map is a very worn mylar which has been manually updated for numerous amendments which have been made to the map by many rezoning ordinances; (3) The City of Port Angeles has developed a computer- aided design digital mapping system which can now be used to generate an accurate and scaled map of the City or specific areas of the City; (4) The Official Zoning Map of the City of Port Angeles is out of date and out of print; (5) The proposed computerized zoning map does not amend the zoning on any property in the City of Port Angeles; and Conclusions: (A) A new updated computer-aided design zoning map should be adopted as the official zoning map for the City of Port Angeles; (B) Adoption of such a map, which can be accurately and rapidly updated, is in the public use and interest; and (C) The proposed zoning map improves the City's ability to accurately depict the zoning on specific properties throughout the City by varying the scale at which the maps can be produced. Councilman Hulett seconded the motion, which carried unanimously. Municipal Code B. Ordinances Not Requiring Public Hearings Amendment - Street Standards for 1. MUNICIPAL CODE AMENDMENT- ZCA 93(03)01 - CITY OF PORT Unopened Plats - ANGELES, City-wide: Establishing minimum street standards for unopened Ordinance No. 2767 plats within the City Mayor Hallett reviewed the information provided by the Public Works Department. Mayor Hallett read the Ordinance by title, entitled ORDINANCE NO. 2767 AN ORDINANCE of the City of Port Angeles, Washington, setting forth minimum street standards for lots or parcels having no established City street access and amending Ordinance 2552 and Chapter 14.01 of the Port Angeles Municipal Code. Councilman Ostrowski moved to adopt the Ordinance as read by title. The motion was seconded by Councilman Schueler and carried unanimously. Establishing Procedures 2. Establishing procedures and requirements for citizen use of City Hall and Requirements for chambers and lobby Citizen Use of City Hall Chambers and Lobby - Mayor Hallett reviewed the information provided by the City Attorney's office. Ordinance No. 2768 Mayor Hallett read the Ordinance by title, entitled ORDINANCE NO. 2768 AN ORDINANCE of the City of Port Angeles. Washington, amending Section 1 of Ordinance 2398, Section 1 of Ordinance 2405, and Chapter 12.08 of the Port Angeles Municipal Code. - 10- 2529 CITY COUNCIL MEETING July 20, 1993 LEGISLATION: Councilwoman Sargent moved to adopt the Ordinance as read by title. The (Cont'd) motion was seconded by Councilman Braun. Establishing Procedures A brief discussion followed as to when the City charges for the use of the chambers and Requirements for and lobby. Manager Pomeranz informed the Council that the private sector is Citizen Use of City Hall charged for use of these facilities. Chambers and Lobby - Ordinance No. 2768 Councilman Ostrowski questioned the wording 'for use by the citizens of Port (Cont'd) Angeles' in section 12.08.010 of this ordinance. These words were struck from the ordinance. A vote was taken on the motion, which carried unanimously. Revising Procedures and 3. Revising procedures and requirements for use of Vern Burton Memorial Requirements for use of Convention Center Veto Burton Memorial - Convention Center - Mayor Hallett read the Ordinance by title, entitled Ordinance No. 2769 ORDINANCE NO. 2769 AN ORDINANCE of the City of Port Angeles, Washington, establishing a permitting process for use of City Hall Council Chambers and lobby area, establishing permitted activities, designating the Director of Parks and Recreation as the official to issue permits, and adding a Chapter to Title 12 of the Port Angeles Municipal Code. Councilman Ostrowski moved to adopt the Ordinance as read by rifle. The motion was seconded by Councilwoman Sargent, and carried unanimously. Amendment to Shoreline 4. Amendment to Shoreline Ordinance providing for permit revisions by Ordinance Providing for Planning Department Permit Revisions by Planning Department - Mayor Hallett reviewed the information provided by the City Attorney's office. He Ordinance No. 2770 read the Ordinance by title, entitled ORDINANCE NO. 2770 AN ORDINANCE of the City of Port Angeles, Washington, providing for revisions to shore- line permits and amending Ordinance 2033 as amended and Chapter 15.08 of the Port Angeles Municipal Code. Councilman Braun moved to adopt the Ordinance as read by title. The motion was seconded by Councilwoman Sargent and carried unanimously. Public Nuisance - C. Resolutions requiring public comment Resolution No. 26-93 1. Consideration of Public Nuisance City Engineer Kenworthy distributed a revised Exhibit "A" to Council, and Mayor Hallett reviewed the information provided by the Public Works Department. Mayor Hallett inquired as to whether there was any public comment pertinent to the nuisances. There was not. Mayor Hallett read the Resolution by title, entitled RESOLUTION NO. 26-93 A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring the existence of a public nuisance and requiring the elimination of such nuisance. Councilwoman Sargent moved to pass the Resolution as read by title. Councilman Ostrowski seconded the morion, which carried unanimously. -11- r' 2530 CITY COUNCIL MEETING July 20, 1993 LEGISLATION: D. Resolutions not requiring public hearings (Cont'd) None. Planning Commission E. Planning Commission Minutes/Action Items Minutes/Action Items Preliminary Apple Tree 1. PRELIMINARY APPLE TREE SUBDIVISION - PETREE, 16th to 18th and Subdivision - Petree ~0" Streets: Consideration of preliminary approval to subdivide 5. 23 acres into 17 residential lots, in the RS-9, Residential Single-Family district. Councilwoman Sargent moved to approve the preliminary Apple Tree Subdivision, firing the following Conditions, Findings and Conclusions: Conditions: (1) All lots of the final plat shall provide a minimum width of 75 feet as measured at the front setback line; (2) Utilities serving the subdivision shall b~ located underground; (3) Show all necessary easements for utilities and electrical facilities on the final plat; (4) On-site detention and storm drainage facilities, per the Cleating and Grading Ordinance, will be required as part of the stormwater plan; (5) The minimum width for the interior street is 60 feet. The cul-de-sac shall meet Fire Department requirements; (6) Street improvements to 16th, 18th, "O" and the cul-de- sac shall be made to city standards; (7) Sidewalks shall be installed along the site's 18th Street frontage; (8) The water main shall be a minimum size of 6 inches in the cul-de-sac; (9) One additional fire hydrant shall be provided and the cul-de-sac shall have a diameter of 100 feet, unless a residential fire sprinkler system is provided in all of the dwelling units, in which case, no additional hydrant would be necessary, and the cul-de-sac could be reduced to 80 feet; (10) The applicant's engineer shall verify if adequate capacity exists in Pump Station No. 1 on Fourth Street, near 2100 Block, West. If there is not sufficient capacity, the applicant shall make necessary improvements to the system to provide said capacity; (11) The applicant shall dedicate a ten foot wide landscape planting screen easement along the 16th Street lot frontages and shall plant site-obscuring vegetation which will create a solid barrier at maturity. The landscaping plan shall be reviewed and approved by the Planning Department; Findings: (1) The request is for approval of a seventeen (17) lot subdivision as depicted on a preliminary plat sketch dated March 14, 1993, except as may be modified by conditions stated herein; (2) The property is zoned Single- Family residential, RS-9; (3) The Comprehensive Plan designates the site as suburban residential, which encourages single family development on 9,000-14,000 s.f. lots; (4) Lots 9-12 do not meet the minimum lot width of 75 feet as required by the RS-9 zone district; (5) The application is conditioned to require street improvements be made to City standards; (6) A Mitigated Determination of Non- Significance was issued on March 31, 1993; (7) Eighteenth Street is identified as an arterial roadway; and (8) Section 16.08.050(E)(5) states that double frontage lots shall be avoided, unless they are essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. Conclusions: (A) As conditioned, the subdivision is consistent with the Port Angeles Comprehensive Plan; (B) As conditioned, the subdivision is consistent with the Port Angeles Zoning Ordinance and Subdivision regulations; and (C) The existing lot configuration and street pattern makes it difficult to orient streets and lots in an efficient manner without benefit of double frontage lots. Councilman Wight seconded the motion. A brief discussion followed. Councilman Schueler questioned Finding 4, which was explained by Senior Planner Sawyer. A vote was taken on the motion, which carried unanimously. Preliminary Subdivision 2. PRELIMINARY SUBDIVISION OF ROLLING HILLS ESTATES - PETREE, of Rolling Hills Estates NW Corner of 14th and ~0~ Streets: Consideration of preliminary approval to subdivide 7.16 acres into 25 residential lots in the RS-9, Residential Single-Family District. Mayor Hallett reviewed the information provided by the Planning Department. Councilwoman Sargent requested a discussion on the difference between the recommendations made by the Planning Commission and the Planning Department. Senior Planner Sawyer explained that the only Condition on which the Planning Department and the Planning Commission differ was to provide street improvements on the south side of 14th Street from the intersection of HO~ and 14th east. Mr. Sawyer went on to explain the reasoning for this and where the standards improvements would and would not be. Further discussion followed with Council members asking questions about street improvements and Mr. Sawyer answering them and explaining city standards for streets. Councilman Hulett requested that the wording of Condition 2 be changed from powerlines to utilities. 12- 2531 CITY COUNCIL MEETING July 20, 1993 LEGISLATION: Councilman Wight moved to approve the preliminary subdivision of Rolling Hills (Cont'd) Estates as recommended by the Planning Commission citing Conditions 1 - 10, with the exception that in Condition 2 the word powerlines be changed to Preliminary Subdivision utilities, Findings 1 - 12, and Conclusions A through E. Councilman Braun of Rolling Hills Estates seconded the motion. A discussion followed regarding the street improvements and (Cont'd) the reasonableness of the City's request to the developers for street improvements. A vote was taken on the motion, which failed by a vote of 2 to 5. Mayor Hallett reminded the Council that they could adopt Staff's recommendation or a lesser version of that. It Council wishes to become more restrictive such as full streets and gutters, a public hearing would have to be held. A brief discussion ensued as to what options were available to the Council. Councilman Hulett moved to approve the preliminary subdivision of Rolling Hills Estates citing the following Conditions, Findings and Conclusions: Conditions: (1) All lots of the final plat shall provide a minimum width of 75 feet as measured at the front setback line. All lots shall contain at least 9,000 s.f. of area; (2) Utilities serving the subdivision shall be located underground; (3) Show all necessary easements for utilities and electrical facilities on the final plat; (4) On-site detention and storm drainage facilities, per the Clearing and Grading Ordinance, will be required as part of the stormwater plan; (5) Street improvements shall made as follows: A. "O" Street along the subdivision shall be improved to full paving with curb and gutter; B. "O" Street from the site to 18th Street shall be improved to minimum city standards for asphalt roadways where needed; C. Fourteenth Street from "O" to "N" shall be improved with 10' of additional paving south of the centerline where needed; D. Fourteenth Street along the subdivision shall be improved with curb and gutter on the north side, with half street plus 10 feet of paving; E. The applicant shall enter into a no-protest agreement for the formation of an L.I.D. for the future improvement of 12th Street; F. The interior street shall include curb and gutter on both sides and be fully paved; (6) The final plat shall include dedication of 12th Street right-of-way along the subdivision frontage; (7) Fire hydrants shall be installed consistent with the Uniform Fire Code and with approval of the Fire Department. Two additional fire hydrants are required at Lots 14 and 20, unless all houses contain sprinkler systems, in which case only one additional fire hydrant is required; (8) The water shall be looped through the site and tied into ~O" Street along 14th Street with a minimum size of 8 inches; (9) Water shall be extended along 14th Street to the westerly margin of the plat at Lot 13; and (10) The applicant's engineer shall verify if adequate capacity exists in Pump Station No. 1 on Fourth Street, near 2100 Block, West. If there is not sufficient capacity, the applicant shall make necessary improvements to the system to provide said capacity. Findings: (1) The request is for approval of a twenty-six (26) lot subdivision as depicted on a preliminary plat titled Rolling Hills Estates dated June, 1992 and prepared by Clark Land Office. Compliance with the conditions of approval may reduce the number of lots on the final plat; (2) The property is zoned Single-Family residential, RS-9; (3) The Comprehensive Plan designates the site as suburban residential, which encourages single family development on 9,000-14,000 s.f. lots. A number of goals, policies and objectives have been listed in the staff report which have been identified as most relevant; (4) Lots 5-9 do not meet the minimum lot width of 75 feet as required by the RS-9 zone district; (5) A condition has been included which recognizes the requirement to meet the area and dimensional standards of the RS-9 zone district; (6) The approval is conditioned to require street improvements be made to City standards; (7) The south half of 12th Street and north half of 14th Street to the east of the site are improved; (8) A Mitigated Determination of Non-Significance was issued on March 31, 1993. No comments or appeals on this threshold determination have been received; and (9) There are no neighborhood parks in the vicinity. The nearest recreational facilities include Hamilton School, Crown Park and Lincoln Park. Conclusions: (A) As conditioned, the subdivision is consistent with the Port Angeles Comprehensive Plan; (B) As conditioned, the subdivision is consistent with the Port Angeles Zoning Ordinance and Subdivision regulations; (C) The roadway improvements required will ensure that adequate access to the site is maintained; (D) Appropriate provisions have been made for the public health, safety, and general welfare and for such open spaces, drainageways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks, and recreations, playgrounds, schools and schoolgrounds, sidewalks and safe walking conditions for students who walk to and from school; and (E) Development of this property at currently zoned densities is not found to be detrimental, in and of itself, to the Port Angeles School District. Councilwoman Sargent seconded the motion. A brief discussion followed. A vote was taken on the motion, which carried 4 to 3, with Mayor Hailett and Councilmen Wight and Schueler voting in opposition. - 13- 2532 CITY COUNCIL MEETING July 20, 1993 LEGISLATION: 3. PRELIMINARY SUBDIVISION OF OLYMPIC ESTATES - PETREE, 2300 (Cont'd) Block West Tenth Street: Consideration of preliminary approval to subdivide 9. 20 acres into 31 residential lots in the RS-9, Residential Single- Preliminary Subdivision Family~District. of Olympic Estates No action is required by Council at this time, as this item was continued to the August 1 lth Planning Commission meeting. Shoreline Management 4. SHORELINE MANAGEMENT PERMIT- SMA 93(07)136 - U.S.C.G., Ediz Permit Hook: Request for a shoreline management permit to allow the construction of a steel pile breakwater, placement of timber panels on the existing pier and placement of a floating three-log bundle debris boom near the Coast Guard's T-Pier. Mayor Hallett reviewed the information provided by the Planning Department. Councilman Ostrowski moved to approve the Shoreline Management Permit - SMA 93(07)136, citing the following Conditions, Findings and Conclusions: Conditions: (1) The applicant shall comply with the recommendation pertaining to the east breakwater as contained in Chapter 5.0 of the April, 1993, study prepared by Battelle/Marine Sciences Laboratory; and (2) An opening shall be maintained underneath the entire length of the east breakwater to allow passage of benthic organisms and sediments. Findings: (1) The approval is for installation of breakwaters along the face of, and east of the T-pier; and debris booms east and west of the T-pier located at the Coast Guard Station on Ediz Hook; (2) The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and Environmentally Sensitive Areas Protection Ordinance have been reviewed with respect to this proposal; (3) The applicant has applied for permits from the U.S. Army Corps of Engineers and Washington State Department of Fisheries for the project; (4) A survey of eelgrass beds has been prepared for the site. About 6,500 s.f. of the eel grass could be shaded by the east breakwater during the morning hours; (5) Several measures have been incorporated in the design to protect and preserve the natural environment including location of the east breakwater, allowing passage of water and benthic organisms under the breakwater and removal of wood piles from the eel grass beds; and (6) The project is intended to support the water dependent uses by providing protection to the boat docking area from wave action and floating debris; Conclusions: (A) As conditioned, the proposal is consistent with the Port Angeles Shoreline Master Program, specifically General Regulations C. 1 and C.5; Iamd Use Element D.l.a and D.6; Natural Systems E.l.a, E.2 and E.12; and Use Activities F.2.a&b, F.3, F. 10 and F. 17.a; (B) As conditioned, the proposal is consistent with the Port Angeles Comprehensive Plan, specifically Goal No. 3, Open Space Policy No. 3 and Land Use Objective Nos. 1, 3 & 5; and (C) As conditioned, the project design adequately mitigates the potential detrimental impacts it may have on the shoreline. Councilman Braun seconded the motion, which carried unanimously. Final Subdivision 5. FINAL SUBDIVISION APPROVAL - MILWAUKEE HEIGHTS, Southwest Approval - Milwaukee corner of Milwaukee and "N~ Street: Request for final approval for Phase Heights I (14-units) of a 2 7-unit subdivision located in the RS-9, Residential single- Family District. Mayor Hallett reviewed the information supplied by the Planning Department. Senior Planner Sawyer informed the Council that the Conditions listed in the recommendation included bonding and other issues that needed to be completed prior to approval. Those conditions have not been fully met. The applicant requested that this item be continued to the next Council meeting. Councilman Braun moved to continue this item to the meeting of August 3, 1993. Councilman Hulett seconded the motion, which carried unanimously. Parking Variance 6. PARKING VARIANCE REQUEST- PKV 93(07)02 - G.C. FOREST Request PRODUCTS, 703 & 805 East Eighth Street: Request to allow an increase in the distance from a site in which off-site parking may be provided from lOO feet to 450feet in the CSD, Community Shopping District. This item was removed from the agenda. It is not a Council issue, because final decisions on parking variances are made by the Planning Commission. - 14- 2533 CITY COUNCIL MEETING July 20, 1993 LEGISLATION: Z PRELIMINARY SUBDIVISION APPROVAL - SEAMOUNT V - Northeast (Cont'd) corner of Evans and Eighth Streets: Request for preliminary approval of a 7-lot subdivision on I. 79 acres located in the RS-7, Residential Single- Preliminary Subdivision Family District. Approval - Seamount V Mayor Hallett reviewed the information provided by the Planning Department. Councilwoman Sargent moved to accept the preliminary subdivision approval of Seamount V, citing the following Conditions, Findings and Conclusions: Conditions: (1) Extend an 8 inch waterline in Eighth Street. Loop and tie the waterline in Seventh Street via Evans Avenue; (2) Show all necessary easements for utilities and electrical facilities on the final plat including a 10 foot electrical easement along Evans and Eighth Streets; (3) Improve Eighth and Evans Streets adjacent to the site to minimum city standards, which include curb, gutter and 27 feet of paving; (4) Storm drainage, detention and erosion shall be provided pursuant to the clearing, drainage and storm ordinance, and appropriate detention and erosion control provided; (5) Fire hydrants shall be installed to Uniform Fire Code in locations determined by the Fire Department. Additional hydrants are needed at Seventh and Evans Streets and at Eighth Street and Juma Court; and (6) Utilities to the subdivision shall be placed underground; Findings: (1) The request is for approval of a seven (7) lot subdivision as depicted on a preliminary plat titled 'Seamount Estates Division V" dated May 13, 1993; (2) The property is zoned Single-Family Residential, RS-7; (3) The Comprehensive Plan designates the site as suburban residential, which encourages single family development on 9,000-14,000 s.f. lots. A number of Comprehensive Plan Policies have been identified as most relevant to the proposal including Goals Nos. 1, 3 & 5; Residential Policies Nos. 4, 5, 7-9 & 11-12; Urban Design Policy No. 4; Social Objectives Nos. 2-3; and Land Use Objectives Nos. 1, 2 & 4-6; (4) The proposal has been reviewed with respect to the areas of concern listed in Section 58.17.110 RCW; (5) The approval is conditioned so that the lots meet the dimension and area requirements of the RS-7 zone; (6) The application is conditioned to require street improvements be made to City standards; (7) The application is conditioned to ensure adequate water, stormwater and sewer facilities for the subdivision; (8) A Determination of Non- Significance was issued on June 15, 1993; (9) None of the three abutting rights-of- way have been identified as school walking routes or arterial roadways; (10) The Port Angeles School District is currently overcrowded and exceeding planned student capacities. The nearest elementary school (Hamilton) has a capacity of 379, but an enrollment of 625; (11) The applicant presented an alternative site plan with the cul- de-sac eliminated; (12) The subdivision has been redesigned to eli minate the half cul- de-sac; (13) 10 foot radius property comers have been provided on street ~ intersections; (14) The lots have been ]M[reconfigured so that all lots meet the minimum 50 foot lot width as measured at the front setback line; and (15) Preliminary plat submitted July 16 shall be the revised proposal; Conclusions: (A) The subdivision is consistent with the Port Angeles Comprehensive Plan; (B) As conditioned, the subdivision is consistent with the Port Angeles Zoning Ordinance and subdivision regulations; (C) Appropriate provisions have been made for the public health safety, and general welfare and for such open spaces, drainageways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, sidewalks and safe walking conditions for students who walk to and from school; D. The public interest is served in the platting of this subdivision. The subdivision implements the desired land use pattern for this area as articulated in the Comprehensive Plan and Zoning Ordinance. The subdivision also provides for development of new homes within the City of Port Angeles Urban Growth Area, consistent with the Growth Management Act; (E) Development of this property at currently zoned densities is not found to be detrimental, in and of itself, to the Port Angeles School District; and (F) The Planning Commission preferred the applicant's alternative site plan with the half cul-de-sac eliminated. Councilman Hulett seconded the motion, which carried unanimously. Councilman Wight recommended delay of approval of the Planning Commission Minutes until final subdivision approval is given to Milwaukee Heights subdivision. This was agreed on by consensus of the Council. Consultant Selection F. Other Cot~viderations for Stormwater Management Plan 1. Selection of consultant to perform Stormwater Management Plan. Mayor Hallett reviewed the information provided by the Department of Public Works. Councilwoman Sargent moved to authorize the Public Works Department to negotiate an agreement with the firm of Economic and Engineering Services, -15- 2534 CITY COUNCIL MEETING July 20, 1993 Consultant Selection Inc., to develop a Stormwater Management Plan. Councilman Schueler for Stormwater seconded the motion, which carried unanimously. Management Plan (Cont' d) Use of Newsletter and 2. Use of City newsletter and other city materials for advertising - Request by other City Materials Mayor Jim Hallett. for Advertising Due to the late hour, Mayor Hallett elected to delay this discussion to a future meeting. Final Report Housing 3. Final report housing condition analysis for the City of Port Angeles.. Condition Analysis for City of Port Angeles Mayor Hallett introduced Mr. Martin Rowe, Housing Division Director for the Clallam-Jefferson Community Action Council. Mr. Rowe introduced Lee Tickell, Executive Director of Community Action. Mr. Rowe reviewed the Housing Condition Analysis Final Report. He informed the Council that the Community Action Council is about ready to implement the LMI Housing Rehabilitation Project, which is the next item for discussion. Staff is being sought. There are 83 people on the waiting list, and the Community Action Council hopes to begin providing services by the end of August. Multi-family housing units have also been studied, and a preliminary feasibility analysis has been performed regarding the Lee Hotel. A $10,000 study to determine feasibility on the project has been approved by the Challenge Fund. The DCD has promised to help gather the background information necessary regarding reasonable earnest money on the hotel and to develop a funding scheme and development schedule for it. It still has not been determined whether the Lee Hotel can be turned into affordable housing, but the preliminary work is well under way. The conversion of existing structures, such as garages, brought the Housing Division to the conclusion that the cost in return for the benefit to the community would not be a cost effective means of approaching a way of expanding the affordable housing stock in the community. Mayor Hallett thanked Mr. Rowe and praised him for a job well done. Councilman Wight moved to accept the Housing-condition Analysis Final Report as presented. Councilman Schueler seconded the motion, which carried unanimously. Clallam-Jefferson 4. Approve the contract with Clallam-Jefferson Community Action Council Community Action implementation of the Port Angeles LMI Housing Rehabilitation Project Council Implementation of Port Angeles LMI Mayor Hallett reviewed the information supplied by the Department of Public Housing Rehabilitation Works. Project Councilwoman Sargent moved to enter into the contract with Clallam/Jefferson Community Action, to serve as a subrecipient of the Community Development Block Grant, and to assist the City in the implementation of the Port Angdes LMI Housing Rehabilitation Project. Councilman Schueler seconded themotion. A brief discussion followed. A vote was taken on the motion, which carried unanimously. · Councilwoman Sargent briefly discussed the FHA self-help housing program. She recommended that the City look at this program in conjunction with the other housing projects currently being utilized. City Opinion Survey 5. City opinion survey The Council requested that the boxes on the form be made slightly larger. The City Manager promised to do this. The survey will go out in about ten days with the next newsletter. City of Port Angeles/ 6. Approve contract - City of Port Angeles/E.P. Hamilton - Multimodal E.P. Hamilton - Multi- Transportation Center. Modal Transportation Center Mayor Hallett reviewed the information supplied by the City Manager. - 16- 2535 CITY COUNCIL MEETING July 20, 1993 City of Port Angeles/ Councilwoman Sargent moved to approve the contract between the City and E. E.P. Hamilton - Multi- P. Hamilton in the amount of $3,500 to develop a preliminary concept and Modal Transportation develop grant applications for a Multimodal Transportation Center. Center (Cont'd) Councilman Wight seconded the motion, which carried unanimously. Japanese Friendship Z Japanese Friendship Day H Day II - Resolution No. 27-93 City Attorney Knutson explained to the Council that there is apparently a need for some funding for this project. There is also a need for some actions that will be required to be performed by the City in order to support Japanese Friendship Day II. In order to be sure this is authorized in a legal fashion, it has been put in the form of a resolution. Councilwoman Sargent informed Council that one of the biggest problems had been with transportation. This may have been resolved, however, as there is the possibility that Grayline will provide transportation at reduced prices or possibly free of charge. Mayor Hallett read the Resolution by title, entitled RESOLUTION NO. 2%93 A RESOLUTION of the City Council of the City of Port Angeles Washington, authorizing actions and funds necessary to support Japanese Friendship Day II and related activities. Councilman Schueler expressed a hope that this resolution would not have a negative impact on the people who are providing services at lower or no cost to the City. City Manager Pomeranz said that measures would be taken to hopefully assure the most service for the least cost. Councilwoman Sargent moved to pass the Resolution as read by title. Councilman Braun seconded the motion, which carried unanimously. Peninsula College 8. Peninsula College Councilman Wight inquired of the Council whether there was any merit in the Council interacting with the Governor's office with regard to the constituency of the investigative committee that's going to look into what's going on at Peninsula College. He suggested that the Council members think about this, for possible discussion at the next meeting. ADJOURNMENT: The meeting adjourned at 12:05 a.m. - 17-