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HomeMy WebLinkAboutMinutes 08/06/1996 3327 CITY COUNCIL MEETING Port Angeles, Washington August 6, 1996 CALL TO ORDER - Mayor Ostrowski called the regular meeting of the Port Angeles City Council to REGULAR MEETING: order at 7:00 p.m. ROLL CALL: Members Present: Mayor ostrowski, Councilmembers Braun, Campbell, Doyle, Hulett, McKeown, and Wiggins. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, B. Becket, S. Brodhun, B. Collins, S. Ilk, J. Pittis, B. Titus, K. Ridout, G. Kenworthy, and T. Smith. Public Present: L. Meyer, B. Grauberger, J. Butler, T. Calcote, W. Fitzpatrick, and R. Lovely. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Ostrowski. Those present ALLEGIANCE: then joined the Mayor in a moment of silence for John Romiza. John had been appointed to the City's Board of Adjustment in November, 1993, and he served as Chairman for the past one and one-half years. John's untimely death left a painful void for all who worked with him - he will be missed. APPROVAL OF Councilman Braun moved to approve the minutes of the regular meeting of July MINUTES: 16, 1996. Councilmember McKeown seconded the motion and referenced Page 5 relative to the discussion on interest earnings on bonded capital improvements. The second to the last paragraph indicated that Attorney Knutson and Finance Director Godbey clarified the definition of excess funds. Councilmember McKeown asked that the minutes reflect that the clarification offered included interest earned on a bond. A vote was taken on the motion, which carried by a majority vote, with Councilman Hulett abstaining due to absence from the meeting. Concerning the Morse Creek Urban Wildlife Project, Page 6, Councilmember McKeown recalled a question had been raised about the potential loss to the taX base. The matter was researched, and it was learned the Department of Fish & Wildlife does not take funds from the General Fund. They are budgeted from such sources as fishing and hunting licenses, so there would be no loss to property taxes. CEREMONIAL Yard of the Month Award for August, 1996 MATTERS/ PROCLAMATIONS: Yard of the Month Awards for August, 1996 were presented to: Gordon & Pat Sexton, 1623 W. 5th; Layton & Betty Batey, 1236 E. 5th; Red & Ann Midgley, 333 Yard of the Month - Columbus; and St. Matthew Lutheran Church, 132 E. 13th. The Neighborhood August, 1996 Yard of the Month Award was presented to: Janice Tuttle, 2522 South Cherry; Jeff & Joy Layman, 311 Columbus; Joseph & Margaret Anderson, 323 Columbus; and Rebecca Deeney, 327 Columbus. FINANCE: None. CONSENT AGENDA: Councilman Doyle moved to accept the Consent Agenda, including: (1) Payment g2 - Lakeside - VBMCC/City Hall parking lot expansion; (2) Payroll - July 14, 1996 - $387,192.17 and July 28, 1996 - $365,457.34; and (3) Voucher list - August 2, 1996 - $1,476,897.35. Councilman Wiggins seconded the motion, which carried unanimously. ITEMS FROM THE Louise Meyer, 2629 Franklin Lane, extended an invitation to the Council to attend AUDIENCE/COUNCIL/ the 101st Clallam County Fair, August 15-18, 1996. She presented the Mayor with STAFF TO BE a Fair T-Shirt and distributed Fair pins to the Council and staff. CONSIDERED OR PLACED ON A Councilmember McKeown called attention to the letter in the Council's Information FUTURE AGENDA: Packet with regard to the quest of the Peninsula Maritime Foundation to bring the -1- 3328 CITY COUNCIL MEETING August 6, 1996 ITEMS FROM THE USS Marvin Shields to Port Angeles to serve as a museum and tourist attraction. AUDIENCE/COUNCIL/ She indicated the Foundation was hopeful the Council would send a letter of support STAFF TO BE to various elected officials. CONSIDERED OR PLACED ON A Mayor Ostrowski invited the spokesmen of the Foundation to the podium to address FUTURE AGENDA: the Council. Speaking on behalf of the Foundation was Terry Roth, who introduced (Cont'd) Bob Mingram and Walt Fitzpatrick. Terry reviewed for the Council the formation of the Peninsula Maritime Foundation, which was formed for the purpose of acquiring the USS Marvin Shields for placement on the Port Angeles waterfront as a memorial to Marvin Shields and Richard B. Anderson. It was learned that the Marvin Shields is one of ten vessels scheduled for transfer to the Mexican Navy. The members of the Foundation felt this was not a fitting end for a proud ship, and they stepped forward in an attempt to stop that process. Mr. Roth continued that legislators have been contacted for assistance in this endeavor. He reviewed the history of the ship and the appropriateness of having the ship on the waterfront to further assist the City in its economic development efforts. He asked the City Council's support toward a delay of transfer of the vessel so the Foundation can formulate a financial plan and grant requests for the future of the ship. After discussion, Councilmember McKeown moved to send a letter of support on the acquisition of the USS Marvin Shields to the City's elected officials in Olympia and 'Washington, D.C. The motion was seconded by Councilman Campbell and carried unanimously. PUBLIC HEARINGS: 1. Street Vacation Petition - STV 96(06)02 - St. Andrew's Episcopal Church, Portion of an alley itt Grant's Addition, east of Peabody Street attd south of Street Vacation - St. Park Avenue: Request for vacation of a portion of City right-of-way Andrew's Episcopal Church - At Mayor Ostrowski's request, Planning Director Collins reviewed the area of the Ordinance No. 2925 proposed vacation, using the overhead projector. Director Collins reviewed Condition No. 2 established by the Planning Commission, having to do with the orientation of Lots 1 and 2 of Block 25. If it was determined that the lots had been reoriented north/south from their east/west configuration, Condition No. 2 would have been considered satisfied. Also, there was a 30 fbot section that was originally thought to be for right-of-way; however, after further study, it was determined that the 30 foot section did not exist and was a surveying error. Discussion followed, and it was noted that the area to be vacated had already been vacated by statute. There would, therefore, be no compensation associated with the vacation. Councilman Campbell inquired as to why the City would be proceeding with a vacation because of the statutory vacation. Attorney Knutson responded that there needs to be some official action to reflect that the street has never been opened and that the statutory provision actually does apply. In order for the title company to allow someone to have clear title to unopened 'streets that have been vacated by Statute, official action by the City Council or the Superior Court is necessary. Mayor Ostrowski opened the public hearing at 7:37 p.m. There being no one to offer testimony, the public hearing was closed at 7:37 p.m. Mayor Ostrowski read the Ordinance by title, entitled ORDINANCE NO. 2925 AN ORDI'NANCE of the City of Port Angeles vacating the north/south alley abutting Lots I - 15 and 38 - 52, Block 25, Grant's Addition to Port Angeles. Councilman Campbell moved to adopt the Ordinance as read by title, subject to Conditions 1 - 3 and citing Findings 1 - 9 and Conclusions A - D, as set forth on Exhibit "A", which is attached to and becomes a part of these minutes. The motion was seconded by Councilman Braun and carried unanimously. Appeal of Condition of 2. Appeal of a Condition of Preliminary Approval for a Short Plat, SHP Preliminary Approval of 96(03)03, Cunningham, Northeast cornet' of Grant and Race Streets: Short Plat - Cunningham Appeal of a condition requiring intprovement to Grant and Race Streets With the use of the overhead projector, Planning Director Collins reviewed for the Council the condition placed on a short plat whereby the fronting streets, Race Street and Grant Avenue, would be developed to City standards. The appellant has asked that, instead of requiring improvement, he be allowed to sign a no-protest LID -2- 3329 crrY COUNCIL IVIEETING August 6, 1996 PUBLIC HEARINGS: agreement because standard improvements are not made further to the south or to the (Cont'd) east on Grant or Race. Appeal of Condition of Director Colli~t.~ not~t,~because of the development being on the comer, Preliminary Approval of improvementSi'~l'dre~d~'tCGrant will facilitate safer traffic movement onto Race Short Plat - Cunningham from Grant. He indicated that Race Street is a principal arterial to Hurricane Ridge (Cont'd) and is a very highly traveled route. It is also going to be a school walking route to Franklin School, so curb, gutter, and sidewalk would be required on Race. It was noted that no sidewalk exists on that particular segment of Race, except across the street. Lengthy discussion followed. Mayor Ostrowski opened the public hearing at 7:46 p.m. Jed Cunningham, 507 E. Front Street, advised the Council that the required sidewalk would go to a non-walkable area. There is a sidewalk across the street, so pedestrians would probably cross the street and use that one. The sidewalk would essentially go no where. Councilman Wiggins inquired as to whether there are a lot of similar situations with a sidewalk going nowhere. Director Collins responded there are a significant number of sidewalks that don't link up; however, the City is trying to go back to fill the gaps, particularly when there is a school involved or it is an arterial. Larry Leonard, 1030 Olympus, was supportive of a no-protest LID agreement. He felt it didn't make any sense to have chunks of sidewalk here and there. Although he didn't know the appellant, he wouldn't think the project could happen if it was required to have a sidewalk for the three lots built up to grade on Race Street. He noted there is a path on the other side of Race Street, all the way from Park Street to the Visitor's Center, which is typically used by the school children. He didn't feel this was, in fact, a school walking route. The City, therefore, should not require sidewalks. The City spends a great deal of money for economic development, and the development of these three lots should be viewed favorably to that end. Councilman campbell inquired as to how many sidewalks, over a period'of time, have been constructed by virtue of the no-protest agreement. Mr. Leonard felt it would probably not be a significant number.. Also, it was asked if this would be a "deal breaker" if the City requires the improvements. After discussion, Mr. Cunningham indicated the associated costs would "blow the deal financially", because it would cost more than he could recover. It has been estimated the costs would range between $40,000 and $50,000. After further discussion, Mayor Ostrowski closed the public hearing at 8:00 p.m. Councilman Wiggins moved to table the matter to the next meeting. He wished to view the site in question. Councilman Campbell seconded the motion. Director Collins indicated it would be appropriate to convene a meeting of the City Council on site. Attorney Knutson agreed this is technically correct; however, the Council members have generally viewed such sites on an individual basis in the past. This has proven to be an acceptable procedure and has not resulted in any stated objections or legal challenges. A vote was taken on the motion, which carried unanimously. The Council members were cautioned to not discuss this issue with the public or with each other. The question was raised as to whether any further public input would be received at the next meeting. After further deliberation, Councilmember McKeown moved to reopen and continue the public hearing to the next meeting. The motion was seconded by Councilman Wiggins and carried unanimously. Municipal Code 3. Municipal Code Amendment - MCA 96(08)07 - City of Port Angeles, City- Amendments - City of wide: A proposal to amend Chapter 17 (Zonihg) of the Port Angeles Port Angeles - Municipal Code to clarify the definition of a single-family residence in Ordinance No. 2926 regard to manufactured homes Municipal Code Amendment - MCA 96(08)08 - City of Port Angeles, City- wide: A proposal to amend Chapter 17 (Zoning) of the Port Angeles Municipal Code to make residential uses a conditional use in the CO, Commercial Office zone Director Collins reviewed for the Council the details specific to the proposed amendments to the Zoning Code. In the ensuing discussion, Councilman Campbell noted that with respect to the second amendment, it was unclear as to the vote taken at the Planning Commission. Having not been present at the meeting, Director Collins was unable to offer clarification. Mayor Ostrowski opened the public hearing at 8:10 p.m. -3- 3330 CITY COUNCIL MEETING August 6, 1996 PUBLIC HEARINGS: Rick Moon, 1411 South Pine, was in attendance at the meeting referenced by (Cont'd) Councilman Campbell, and he recalled the vote was unanimous in favor of adoption of the amendment. Municipal Code Amendments - City of There being no further public testimony, the public hearing was closed at 8:11 p.m. Port Angeles - Mayor Ostrowski read the Ordinance by title, entitled Ordinance No. 2926 (Cont'd) ORDINANCE NO. 2926 AN ORDINANCE of the City of Port Angeles, Washington, changing medium and high density residential uses from permitted to conditional uses in the Commercial Office Zone, specifying that manufactured homes are allowed on individual lots in all zones where single-family residences are allowed, and amending Ordinance 1709 as amended and Chapters 17.08, 17.10, 17.11, and 17.20 of the Port Angeles Municipal Code. Councilman Hulett moved to adopt the Ordinance as read by title, citing Findings 1 - 5 and Conclusions A - E, as set forth in Exhibit "B", which is attached to and becomes a part of these minutes. The motion was seconded by Councilmember McKeown. Councilman Doyle inquired as to whether restrictive covenants are enforceable in those subdivisions that do not allow manufactured homes. Attorney Knutson offered to research this issue for the Council. A vote was taken on the motion, which carried unanimously. LEGISLATION: A. Ordinances not Requiring Public Hearings None. Designating American B. Resolutions not Requiring Public Hearings LaFrance as Sole Source for Fire Track Ladder - 1. Resolution designating American LaFrance as sole supplier of replacement Resolution No. 14-96 .fire truck ladder Mayor Ostrowski reviewed the information provided by the Public Works Department. He read the Resolution by title, entitled RESOLUTION NO. 14-96 A RESOLUTION of the City Council of the City of Port Angeles, Washington, designating American LaFrance Corporation as the sole source for acquisition of a replacement fire truck ladder and declaring an exception to normal bidding requirements. Councilman Braun moved to pass the Resolution as read by title. Councilman Hulett seconded the motion. Councilman Campbell inquired as to whether the fire truck is presently out of service, and Fire Chief Becket indicated the truck can be used tbr carrying hand ladders and water tower operations. Deputy Director of Public Works Ridout responded to an inquiry from Councilman Braun as to the life expectancy of the vehicle from this date forward, that being approximately fifteen years. Also, a question was raised by Councihnan Doyle as to the language in LaFrance's letter pertinent to labor rates. Deputy Director Ridout assured the Council he would seek clarification as to what is included in the rate quoted. A vote was taken on the motion, which carried unanimously. Setting Public Hearing 2. Street Vacation Petition - Lionstone - STV 96(08)04, Portion of Center on Street Vacation - Street in Illinois Addition Lionstone - Resolution No. 15-96 Mayor Ostrowski reviewed the information provided by the Planning Department and read the Resolution by title, entitled -4- 3331 August 6, 1996 LEGISLATION: RESOLUTION NO. 15-96 (Cont'd) A RESOLUTION of the City of Port Angeles Setting Public Hearing - ~ a~ttmg a hearing date for a petition to vacate on Street Vacation - a portion of Center Street, Port Angeles, Lionstone - Washington. Resolution No. 15-96 (Cont'd) Councilman Doyle moved to pass the Resolution as read by title. Councilman Braun seconded the motion, which carried unanimously. Setting Public Hearing 3. Street Vacation Petition - Severson - STV 96(08)05, Portion of Vine Street on Street Vacation - between Whidby and Vashon Streets Severson - Resolution No. 16-96 Mayor Ostrowski reviewed the information provided by the Planning Department and · read the Resolution by title, entitled RESOLUTION NO. 16-96 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of Vine Street abutting Block 6, Puget Sound Cooperative Colony's Second Addition. Councilman Wiggins moved to pass the Resolution as read by tifle. Councilmember McKeown seconded the motion, which carried unanimously. Planning Commission C. Planning Commission Minutes/Action Items Minutes/Action Items Planning Commission minutes of June 26, 1996 Councilman Braun moved to accept and place on file the Planning Commission minutes of June 26, 1996. The motion was seconded by Councilman Campbell and carried unanimOusly. Planning Commission minutes of July I0, 1996 Councilman Campbell moved to accept and place on file the Planning Commission minutes of July 10, 1996. The motion was seconded by Councilman Wiggins and carried unanimously. Planning Commission minutes of July 24, 1996 Substantial Development 1. Substantial Development Permit - SMA 96(06)158 - Port of Port Angeles, Permit - Port of Port 439 Marine Drive: A request for a permit to allow the filling of an existing Angeles - Valley Creek pond allowing for dry land storage of raw material and a Valley Creek EstUary estuary project in the IH, Industrial Heavy zone Planning Director Collins reviewed the proposal from the Port of Port Angeles for the filling of an existing log pond allowing for dry land storage of raw material and the associated Valley Creek estuary project. Director Collins referenced Condition No. 4 and proposed the addition of the word, subsequently, as follows: "The Shoreline Master Program Shoreline Environment Designation Map subsequently shall be amended...'. He noted the proposal is consistent with the master program with regard to the proposed changes. The changes in the map require approval by the State Legislature, which can be a lengthy process. Councilman Wiggins moved to approve Substantial Development Permit SMA 96(06)158, subject to Conditions 1 - 6 and citing Findings 1 - 16 and Conclusions A - E as set forth on Exhibit "C", which is attached to and becomes a part of these minutes~ Brief discussion followed, and Council members inquired about the status of grant funding for the estuary project. Grants Manager Smith indicated the grant application has been Submitted; this request is one of ten under consideration.  The grant awards should be made the latter part of August. A vote was taken on ' the motion, which, c.~rried unanimously. ~ ~ ~ Substantial Development 2. Substantial Development Permit 2 - Port of Port Angeles, Permit- Port of Port Coho Ferry Terminal, Foot of Laurel Street: A request to expand an Angeles- Coho Ferry existing ferry dock and replace/repair a failing bulkhead in the CBD, Terminal Central Business District Planning Director Collins reviewed information pertinent to application for a Substantial Development Permit. Councilman Braun moved to approve -5- 3332 CITY COUNCIL MEETING August 6, 1996 LEGISLATION: Substantial Development Permit SMA 96(08)159, subject to Conditions 1 - 4 and (Cont'd) citing Findings 1 - 11 and Conclusions A - E as set forth on Exhibit "D", which is attached to and becomes a part of these minutes. The motion was seconded .Substantial Development by Councilman Doyle and carried unanimously. Permit - Port of Port Angeles - Coho Ferry Terminal (Cont'd) D. Other Considerations Downtown Forward 1. Presentation on Downtown Forward planning process Planning Process Public Works Director Pittis acknowledged the presence of three members of the Board of the Downtown Association, representatives of the Marine Lab, and Clallam Transit. He introduced Jeff Peacock and Darrell Vange who will be presenting the fifty per cent status report on the Downtown Forward project. Every effort has been made to involve all parties concerned with the downtown area, and Director Pittis expressed appreciation to the media for helping disseminate the information. Jeff Peacock summarized for the Council the cooperative efforts that have taken place over the past few months in terms of gathering and incorporating input from various community representatives, business owners, and civic leaders. He reviewed the scope of the project, to include community outreach, interagency coordination, inventory of existing facilities and programs, developing goals and objectives, parking modifications and ferry strategy in the downtown area, develop a master plan for the downtown area, and develop an implementation plan. He advised the Council that the overall scope and mission of the project is to collaboratively create a vision for the downtown/waterfront area and develop an implementation program to achieve the vision. Mr. Peacock reviewed in detail the goals that have been established in terms of developing a community-based consensus on redeveloping and revitalizing downtown Port Angeles tbr the enhancement of economic health, preserving the historic heritage of buildings and community features, and creating an attractive, pleasant and vibrant downtown for visitors and residents. Other goals established included improvement of traffic flows and parking in the downtown area and integration of the entire community into the decision for' the downtown revitalization program. Vital to the success of this endeavor is the public/private partnership, and Mr. Peacock stressed the importance of community involvement throughout. He cited specific, near term action items that can be pursued in such areas as vegetation management, traffic circulation, signag¢, and streetscapes. With the use of a drawing to scale, Mr. Peacock offered possible suggestions for incorporation into the project: traffic and directional signage, Laurel pedestrian improvements, curving of Front Street, a market meander, Lincoln pedestrian improvements and/or parking structure at First & Front Streets, a waterfront promenade, a park meander, and the curving of Railroad Avenue. Mr, Peacock noted that it is not suggested to decrease parking in the downtown area, but rather to seek consolidation of parking. Mr. Vange advised the Council that what is being shown is a composite of different ideas, all of which might be pursued individually by public or private entities, or in a collective partnership. He noted that downtown Port Angeles will no longer be the core of shopping, but rather will move towards specialty retail, tourism retail, office development and hopefully, residential. Historically, First Street has been the main street in downtown. This street must receive continued support, but it is recommended that the future is on the waterfront. The challenge is how to enhance and upgrade Railroad without turning a back on First Street. This great need explains the pedestrian corridors and passageways in order to pull the two streets closer together. Continuing, Mr. Vange indicated that tbr a downtown to be vibrant, it is necessary to have a lot of activity. Focus has be~n given to four to six blocks for this increased activity, and this explains some of the proposed street programs being concentrated in such a small area. Mr. Vange delineated the nature of some of the proposed projects, many of which would need to be undertaken by the public sector, particularly in the area of infrastructure. There are also major private development opportunities. Mr. Vange expanded on the details of these programs and explained how the downtown area needs to have some visual definition by truncating Front Street, adding a convention center or aquarium. He cited such opportunities as the Valley Creek estuary, the iLee Hotel, Marine Lab expansion, and possibly the Elks Lodge. tbr enhancing the downtown area. Director Pittis advised the Council that City Engineer Kenworthy was prepared to submit a status report on sidewalks and watermains in the downtown area. Also, he expressed gratitude to Tim Smith for the many hours spent on the Downtown Forward project. Tim has done an outstanding job in coordinating the many individuals involved toward reaching this fifty per cent stage in the project. -6- 3333 CITY COUNCIL MEETING August 6, 1996 LEGISLATION: City Engineer Kenworthy displayed a drawing of the preliminary engineering for the (Cont'd) downtown waterline replacement project, which is necessary because of an aging infrastructure which has resulted in a couple of dramatic and disruptive waterline Downtown Forward breaks. Ade,~t~u?te ..frr~ flo.w~ will be available for projected expansion in the Planning Process downtown ar&[ ~iid W~r~s Trust Funds were made available in the amount of (Cont'd) $1 million toward this project, which will cover approximately one-third.of the necessary replacements. The project was, therefore, scaled down somewhat, and the new lines will be laid in the area bounded by First, Lincoln, Railroad, and Oak Streets. Also scheduled for replacement are certain sidewalks to provide a more stable environment for the water pipes. The funds for the first phase include improvements to intersection by the placement of pavers, which might also be utilized on Railroad. The pavers would be advantageous in that they can be moved at the time other enhancements take place in the downtown area. Engineer Kenworthy indicated the infrastructure improvements will be put in place in order to support the developments being proposed. The current schedule indicates commencement of work in October, 1996. Director Pittis indicated the sequencing of the infrastructure work will be presented to the Downtown Association so as to not be disruptive to various business needs in the downtown corridor. Mayor Ostrowski expressed the Council's appreciation for the status report presented. Break Mayor Ostrowski recessed the meeting for a break at 9:40 p.m. The meeting reconvened at 10:00 p.m., and Councilman Hulett departed the meeting. Demolition of Building 2. Demolition of building at 2nd & Albert Streets at 2nd & Albert Streets Mayor Ostrowski reviewed the information submitted by the Public Works Department with respect to the recovery of costs for the abatement of a building at 2nd & Albert Streets. After limited discussion, Councilman Braun moved to schedule a hearing on August 20, 1996, and direct the City Clerk to proceed with the notification of the owners and other interested parties, as directed in the abatement process. The motion was seconded by Councilman Doyle and carried unanimously. Councilman Braun moved to continue the meeting beyond 10:04) p.m. The motion was seconded by Councilman Campbell and carried unanimously. Interlocal Agreement with 3. lnterlocal agreetnent with City of Sequim for shared city attorney services City of Sequim for Shared City Attorney Services Attorney Knutson reviewed information in the Council packet with regard to a request for the Port Angeles City Attorney's office to handle a misdemeanor prosecution for the City of Sequim due to a conflict of interest. Councilman Doyle moved to authorize the City Manager and City Attorney to sign the Interlocal Agreement to allow for shared city attorney services between Port Angeles and Sequim. Councilman Wiggins seconded the motion, which carried unanimously. Memorandum of 4. Memorandum of Understanding with Fire Department atwl U.S. Coast Understanding between Guard Fire Department and U.S. Coast Guard Fire Chief Becket reviewed the proposed Memorandum of Understanding which could allow the Fire Department to be reimbursed for costs incurred by the City providing firefighting and emergency medical services at the Coast Guard base. Councilman Braun moved to approve and authorize the Mayor to sign the Memorandum of Understanding. Councilmember McKeown seconded the motion, which carried unanimously. Set Date/Time for 5. Set Date/Time for special-meeting re. 1997 Goals/City organization Special Meeting re. structure 1997 Goals/City Organization Structure After deliberation, the Council agreed the special meeting would be set for Tuesday, August 13, 1996, at 6:00 p.m. Set City/County Joint 6. Set City~County joint tneeting for September 10 re. Solid Waste issues Meeting re. Solid Waste Issues Councilman Campbell reported he had held a discussion with one of the County Commissioners about the mutual interest in solid waste issues. It was agreed a joint meeting should be held, and the suggested date was September 10. The Council members agreed such a meeting should take place, and they agreed 4:00 p.m. would 3334 CITY COUNCIL MEETING August 6, 1996 Set City/County Joint be an appropriate time. Manager Pomeranz offered to follow-up with the County in Meeting re. Solid Waste setting the time for the meeting. Issues (Cont'd) Letter to Congressional 7. Letter to Congressional delegation re. Elwha Dam legislation Delegation re. Elwha Dam Legislation Attorney Knutson reviewed for the Council the proposed legislation from Senator Slade Gorton which would provide for the transfer of the Elwha River dams to the State of Washington and for repeal of the Elwha River Ecosystem and Fisheries Restoration Act (Elwha Act). There were several provisions set forth in the Elwha Act, such as protection of the City's water supply, power replacement for the Daishowa mill, and a 99 year extension of the City's Ediz Hook lease from the federal government. The proposed letter in the Council packet would bring these issues to Senator Gorton's attention for inclusion in the proposed legislation. After limited discussion, Councilman Campbell moved to authorize the Mayor to sign the letters to the City's Congressional delegation. The motion was seconded by Councilmember McKeown and carried unanimously. On another matter, Mayor Ostrowski indicated it would be appropriate for a committee meeting to be set up regarding the Coastal Corridor. Manager Pomeranz offered to arrange such a meeting. ADJOURNMENT: The meeting was adjourned at 10:20 ~ ~ 3335 Exhibit FINDINGS AND CONCLUSIONS FOR APPROVAL OF STREET VACATION - STV 96(03)07 - ST. ANDREW'S EPISCOPAL CHURCH ET AL. Conditions of Approval: 1. The proposed street vacation is subject to the final recordation of short plat No. SH~ 96(04)03. 2. The vacation of right-of-way adjacent to Lots 1 and 2, Block 25, Grant's Addition is subject to approval by the City of a boundary line adjustment reorienting those lots to front on Park Avenue, or evidence shall be provided indicating that such an adjustment occurred prior to City regulations requiring City approval of such an adjustment. 3. The east ten feet (10') of the vacated alley adjacent to Lots 5 - 7, Grant's Addition, shall be retained as a utility easement for City Light to prevent building within this area thereby buffering the substation. Findings: 1. The applicant is the St. Andrew's Episcopal Church, et al., with "et al." being all other property owners who signed the vacation petition included as Attachment "A" of the June 12, 1996 Planning Department Staff Report for STV 96(06)02. 2. The requested vacation is for that portion of the alley abutting Lots 1-15 and 38- 52 of Block 25, Grant's Addition identified in Attachment "A" of the June 12, 1996 Planning Department Staff Report for STV 96(06)02. 3. The subject fight-of-way and adjacent properties are designated Low Density Residential by the City's Comprehensive Plan and are zoned RS-7, Residential Single Family. 4. There is an electrical sub-station located on Lots 46-48, Block 25 of Grant's Addition. 5. Lots 3-15, Block 25 of Grant's Addition are included as part of short plat No. SHP 96(04)03 which received preliminary approval April 12, 1996. 6. The Public Works Department's comments are included as Attachment "B" of the June 12, 1996 Planning Department Staff Report for STV 96(06)02. 7. The City Light Department's comments are included as Attachment "C" of the June 12, 1996 Planning Department StaffReport for STV 96(06)02. ~336 8. The area of the proposed vacation is primarily undeveloped except for a few residential related structures extending into the right-of-way in various places. 9. Vacation of the subject right-of-way will result in an increase in the adjacent properties' taxable areas. Conclusions: A. As conditioned, the proposed vacation is consistent with the Comprehensive Plan's Land Use Policy B, 2 and 3 and Transportation Policy B, 18. B. The area of the proposed vacation is not necessary for future street purposes. C. Vacation &the subject right-of-way serves a public purpose. D. Vacation of the subject right-of-way serves a public purpose by eliminating a right- of-way no longer needed and by returning property to the tax rolls. Adopted by the Port Angeles City Council at its meeting of August 6, 1996. Prosper c~st'r'o-w~, Mayo r Becky J.'U-l~n, ~ty Cl~ri~ .... 3337 Exhibit "B~ FINDINGS AND CONCLUSIONS FOR APPROVAL OF MUNICIPAL CODE AMENDMENTS - MCA 96(08)07 and MCA 96(08)08: Findings: 1. The Comprehensive Plan has been reviewed with respect to the proposals. The following goals and policies have been identified as being most relevant to the amendments: Land Use Element Goal B, Goal C, Policy C. 1, Goal D, Policy D.1, and Policy E.3 and Housing Element Goal A and Policy A.2. 2. The 1995 Supplemental Environmental Impact Statement (SEIS) for the Comprehensive Plan was adopted for the proposed Zoning Code amendments on July 9, 1996. 3. The City has received testimony from neighboring and developing property owners that a zoning option limiting commercial and multi-family residential uses is desirable. 4. A detached single family dwelling and a manufactured home each on an individual lot are permitted single family residential uses in the RS-7 and RS-9 Zones, while single family residences are permitted uses in the RMD and RI-ID Zones. 5. The definition of single family residence specifically states one detached dwelling without reference to detached single family dwelling or manufactured home. Conclusions: A. The Zoning Code Amendment is consistent with the Comprehensive Plan Goals and Policies, specifically those found in Finding No. 1. B. The Zoning Code Amendment is consistent with the intent of Chapter 17 of the Port Angeles Municipal Code. C. The Zoning Code Amendments are in the public use and interest, since they provide a zoning option limiting commercial and multi-family residential uses consistent with neighboring and developing property owners' testimony and the other eliminates confusion concerning whether manufactured homes on individual lots are considered single family residences. D. Limitation of commercial and medium and high density residential uses will discourage the compromise of zones where transitional uses take place. E. There is no reason to differentiate between detached family dwellings and manufactured homes in the medium and high density residential zones and not in the single family residential zones. /~~xOoted by [l~-P~geles City Council at its meeting of August 6, 1996. ~'l~'r6'sper Ost'°rowski, ~ayor Becky J. 0pt~, Cit~Cle~k- ] -- 3338 Exhibit "C" CONDITIONS, FINDINGS & CONCLUSIONS - SUBSTANTIAL DEVELOPMENT PERMIT SMA 96(06)158 - PORT OF PORT ANGEl.ES, 439 MARINE DRIVE Conditions: 1. If the subject site has not been previously inventoried, evaluated, and reviewed to the satisfaction of the Lower Elwha S'Klallam Tribe, the subject site shall be evaluated by a cultural review team which shall include a professional archaeologist, a representative of the Lower Elwha S'Klallam Tribe, the site owner, and the City Planning Department. This team shall determine the extent of excavation monitoring for the project during the permit review process. As an alternative, the applicant may volunteer to have an approved archaeologist on site during any excavation in lieu of a review by the aforementioned cultural team. If during an excavation that, by decision of the cultural review team occurs without an approved archaeologist on-site, phenomena of possible archaeological interest are uncovered, the developer shall stop such work and provide for a site inspection and evaluation by a professional archaeologist to ensure that all possible valuable archaeological data is properly salvaged. 2. The project shall comply with the regulations of the City's Shoreline Master Program specifically those of Chapters 4, 5 and 6. 3. The proposed project shall meet all requirements of the Port Angeles Municipal Code including environmentally sensitive areas, fire, and building code requirements. 4. The Shoreline Master Program Shoreline Environment Designation Map subsequently shall be amended to designate the area of the existing log pond as Urban-Harbor and the area of the proposed estuary as Aquatic-Harbor. 5. The project shall be subject to the same conditions of approval as those required of SMA 96-119 which are as follows: A. Comply with the requirements of the Army Corps of Engineers, Departments of Ecology, and any agencies with jurisdiction. B. Submit to the Department of Public Works for review and approval routes for any truck delivery of fill material. 6. The design of the estuary shall be substantially consistent with the plan approved in the 1993 revision to SMA 91-119 attached to the staff report as part of Attachment A. Findings: 1. In 1977, approval was granted and 30,700 square feet or 14% of the log pond existing at that time was filled. In 1985, a permit to fill one half of the remaining pond was .. approved but not acted upon. 3339 2. In 1991, SMA 91-119 was approved by the City for the complete filling of the pond subject to the following conditions of approval: A. Comply with the requirements of the Army Corps of Engineers, Departments of Ecology, and any agencies with jurisdiction. B. Submit to the Department of Public Works for review and approval routes for any truck delivery of fill material. 3. In 1993, SMA 91-119 was revised to include a required mitigation project known as the Valley Creek Estuary Project. 4. The applicant, the Port of Port Angeles applied for a Shoreline Substantial Development Permit on May 15, 1996. The application was determined complete on May 24, 1996 (Staff Report Attachment A). 5. A Determination of Non-Significance and Adoption of Existing Environmental Document was issued by the Port of Port Angeles SEPA Responsible Official for the proposal on May 5, 1996 (Staff Report Attachment B). 6. The application and hearing process was advertised in accordance with legal requirements of the City of Port Angeles and the State of Washington. 7. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. 8. The site is designated Industrial in the City's Comprehensive Plan, Industrial, Heavy, in the City's Zoning Ordinance, and Urban-Harbor and Aquatic-Harbor in the City's Shoreline Master Program. The existing log pond portion of the property is classified as Aquatic-Harbor. The portion of the property where the estuary will be created is currently designated Urban-Harbor. 9. Beach restoration and enhancement is a permitted activity in both the Urban-Harbor and Aquatic-Harbor designations and log storage is a permitted activity in the Urban-Harbor designation and a conditionally permitted activity in the Aquatic-Harbor designation. 10. The shoreline has been altered substantially from its natural state. 11. The City's waterfront trail runs east and west adjacent to the property's south property line. 12. The nearest residents are over 300 feet south of the site and are atop a marine bluff which is over 100 feet above sea level. 13. Approval is for the fill of a 4.3 acre pond located at the K-Ply Mill facilities, 439 West Marine Drive. 3340 14. The total amount of fill needed is estimated at 130,000 cubic yards of material. 15. The fill area is located in an existing industrially developed site and will be used for storage and handling of logs. 16. The project is subject to review by the Army Corps of Engineers and Department of Ecology, pursuant to the Clean Water Act, and requires a hydraulics permit from the Department of Fisheries and Wildlife. Conclusions: A. The following adopted City policies are most relevant to the proposed project, Comprehensive Plan Land Use Element Policies A-2, H-3&4, and the Conservation Element Policies B-l, 2, 9 & 10, D-2, 3, 5 and 7, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Policies B-2, C-l, 2, 4, 5 and 7, D-l, G-4, J-l, 2 and 3, K-2, 4 and 6, L-1 and N-1 and 2, Chapter 5, Policies D-l, 2, 5, 9, 10 and 11, and all associated regulations. B. As conditioned, the proposed project is consistent with the City's Comprehensive Plan, specifically, Land Use Element Policies A-2, H-3&4, and the Conservation Element Policies B-l, 2, 9 & 10, D-2, 3, 5 and 7, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Policies B-2, C-l, 2, 4, 5 and 7, D-l, G-4, J-l, 2 and 3, K-2, 4 and 6, L-1 and N-1 and 2, Chapter 5, Policies D-l, 2, 5, 9, 10 and 11, and all associated regulations. C. The project will not be detrimental to the shoreline. D. As conditioned, the proposed project will enhance public access to the shoreline. E. As conditioned, the proposed project will not interfere with public use of lands or waters subject to the public trust doctrine.  ~,~ed~by the Port Angeles City Council at its meeting of August 6, 1996. Pros r Ost}owski, Mayo"'"--~ .... ' ........ Becky J. U~on~ity Cletrk --~ 3341 Exhibit "D" CONDITIONS, FINDINGS & CONCLUSIONS SUBSTANTIAL DEVELOPMENT PERMIT SMA 96(08)159 - PORT OF PORT ANGELES Conditions: 1. The project shall comply with the regulations of the City's Shoreline Master Program specifically those of Chapters 4, 5 and 6. 2. The proposed project shall meet all requirements of the Port Angeles Municipal Code including fire, and building code requirements. 3. The project shall be subject to the same condition of approval as required of SMA 92- 127 which is as follows: A. The quality of the fill and extension of the City's storm drain outfall shall be approved by the City Public Works Department. 4. The applicant shall obtain or update any other required permits of the State or other agencies with jurisdiction regarding the proposed project. Findings: 1. In 1992, SMA 92-127 was approved by the City for the proposed application subject to the following condition of approval: A. The quality of the fill and extension of the City's storm drain outfall shall be approved by the City Public Works Department. 2. The applicant, the Port of Port Angeles applied for a Shoreline Substantial Development Permit on June 24, 1996. The application was determined complete on June 27, 1996 (Staff Report Attachment A). 3. The original staff report for SMA 92-127 and its approval is included in the staff's report as Attachment B. 4. A Determination of Non-Significance and Adoption of Existing Environmental Document was issued by the Port of Port Angeles for the proposal. 5. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 6. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. 7. The site is designated Commercial in the City's Comprehensive Plan, Central Business District in the City's Zoning Ordinance, and Urban-Harbor in the City's Shoreline Master 3342 Program. 8. A ferry facility is considered a water-dependent transportation use and is a permitted use in the Urban-Harbor designation. The proposal is a redevelopment and improvement to an existing facility. 9. The nearest residents are over 300 feet south of the site and are atop a marine bluff which is over 100 feet above sea level. 10. Approval is for the expansion of an existing ferry dock by 836 square feet, installation of 151 feet of sheet piling, and 1180 cubic yards of fill. 11. The site is located on the Port Angeles Downtown waterfront. The vicinity is developed with a number of commercial, recreational and tourist oriented facilities. Rock rip-rap and sheet piling bulkheads line the shorelines in the vicinity. Conclusions: A. The following adopted City policies are most relevant to the proposed project, Comprehensive Plan Land Use Element Policies A-2, D-l, and F-2, Conservation Element Policy D-7, and Economic Development Element Policy A-6, the City's Central Business District zone, and the City's Shoreline Master Program Chapter 4, Policies D-l, J-l, 2 and 3, K-l, 2, 4 and 6, and N-1 and 2, Chapter 5, Policies D-l, 2, 3, 9 and 11, and all associated regulations. B. As conditioned, the proposed project is consistent with the City's Comprehensive Plan, specifically, Land Use Element Policies A-2, D-1, and F-2, Conservation Element Policy D-7, and Economic Development Element Policy A-6, the City's Central Business District zone, and the City's Shoreline Master Program Chapter 4, Policies D-l, J-l, 2 and 3, K-l, 2, 4 and 6, and N-1 and 2, Chapter 5, Policies D-l, 2, 3, 9 and 11, and all associated regulations. C. As conditioned, the project will not be detrimental to the shoreline. D. As conditioned, the proposed project will not interfere with public access to the shoreline. E. As conditioned, the proposed project will not interfere with public use of lands or waters ~' .~._~-sultject to the Public Trust Doctrine. /Adopted by ~he Po~ouncil at its meeting of August 6,x~ 1996. Pr~~{rowski~, Mayor':'~'~'""-'" '-- '--~ BeCky J. Up~n, C~y Cl~rk1