Loading...
HomeMy WebLinkAboutMinutes 08/17/19932543 CITY COUNCIL MEETING Port Angeles, Washington August 17, 1993 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 Hallett, Councilmen Braun, Hulett, and Ostrowski, Councilwoman Sargent, and Councilman Wight. Members Absent: Councilman Schueler. Staff Present: Manager Pomeranz, Attorney Knutson, Deputy Clerk Hagar, S. Brodhun, B. Collins, L. Glenn, S. Ilk, J. Pittis, B. Titus, Y. Ziomkowski, K. Ridout, C. Kasicki, B. Becket, S. McLain, and G. Leaf. Public Present: N. DeScala, J. DeScala, D. Schindler, L. Churchill, J. Anderson, B. Anderson, M. Murray, R. Bradley, T. Newcomb, M. Craver, G. Lappier, S. Lappier, D. Milligan, L. Doyle, J. Honnold, J. Ralston, M. Lucas, J. Michalczik, M. Troyer, P. Nathan, M. Nathan, B. Philpott, L. Vizzi, L. Beil, E. Hall. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Hallett. ALLEGIANCE: . APPROVAL OF Councilman Braun moved to approve the minutes of the regular meeting of MINUTES: August 3, 1993. Councilwoman Sargent seconded the motion, which carried unanimously. CEREMONIAL None. MATTERS/ PROCLAMATIONS: CITY COUNCIL Councilman Wight had nothing to report that wouldn't be coming up on tonight's COMMITTEE agenda. REPORTS: Councilman Hulett had nothing to report, but he reminded the Council that his first Re-inventing Government meeting will be held in the morning. Councilman Ostrowski had nothing to report; however, he did have a request to make to the Mayor. The Coastal Corridor Conference .will be held in Port Angeles .on September 23 and 24, 1993, at the VBMCC. Councilman Ostrowski, on behalf of the Coastal Corridor Conference, requested that the Mayor make the opening speech at the Conference. Mayor Hallett accepted. Councilman Braun attended UAC; a number of these items will be before the Council this evening. He also attended the Clallam County Transit Committee meeting. A number of issues were discussed; however, the main topic was the new facility office and bus storage, which will cost approximately $7 million. The Committee is working hard to bring it in under budget. Councilwoman Sargent was mainly involved with the Japanese visit and Friendship Day. It was a success with an estimated 250 - 300 people attending the event held at the VBMCC. She attended the Senior Center groundbreaking held this afternoon. Mayor Hallett also attended the groundbreaking for the new Senior Center. Occupancy is expected to occur in about 12 months according to' Parks and Recreation Director Brodhun. FINANCE: I. Peabody Heights Reservoir Lining, Project No. 93-22 Peabody Heights Mayor Hallett reviewed the information provided by the Department of Public Reservoir Lining · Works. -I- 2544 August 17, 1993 FlNANCE: Councilman Ostrowski moved to accept the proposal from Northwest Lining and (Cont'd) Geotexfile Products, Inc. of Kent, WA for $55,984.00 plus sales tax and authorize the Mayor to execute the construction contract. Councilwoman Peabody Heights Sargent seconded the motion. A brief discussion followed. Reservoir Lining (Cont'd) Councilwoman Sargent inquired as to the amount of water lost. Public Works Director Pittis reminded the Council that in the past six months the City has experienced two large main breaks in the main transmission system. Both of these breaks have drawn water out of this reservoir. Director Pittis went on to explain some of the problems which have occurred resulting in water loss. Without a new liner the reservoir will continue to lose water. The job is expected to be completed by mid to late September. Although this was not a budgeted item, other projects that were scheduled for this year will be deferred in order for the Department to stay within budget. A discussion followed regarding the care and maintenance of the City's reservoirs. A vote was taken on the motion, which carried unanimously. CONSENT AGENDA: Councilwoman Sargent moved to accept the Consent Agenda, including: (1) Authorization for City Light director to sign amendment to BPA power sale contract; (2) Correspondence from Washington State Liquor Control Board; (3) Payroll of August 1, 1993 of $339,421.41; (4) Concept Administrators through July 1993 of $586,719.25; (5) Wire transfers for July 1993 of $54,499.07; and (6) Voucher list of August 13, 1993 of $1,380,324.03. Councilman Braun seconded the motion. Councilwoman Sargent questioned the refund received from Safeco Insurance. City Manager Pomeranz explained that this is part of the City's self-insured policy. Whenever claims for an individual exceed $70,000, Safeco picks up the overage. Therefore, this is not a refund per se. The City has already paid the medical bills and Safeco reimburses the City for this expense. A vote was taken on the motion, which carried unanimously. ITEMS FROM THE Mayor Hallett requested to move the Outdoor Burning Issue, Item F3, up on the AUDIENCE/COUNCIL/ agenda. Several people were at the last Council meeting to address this issue and STAFF TO BE were told that it would be placed on tonight's agenda and discussed first. With the CONSIDERED OR consensus of Council, this was placed before the Public Hearings on the agenda. PLACED ON A FUTURE AGENDA Several people came forward and requested to speak on issues which were already on the agenda, they are: Larry Leonard, Item F4; Jerry Honnold, Item A6; Tom Newcomb, Item Al, and John Anderson, Item F3. Councilman Wight requested that a discussion be held on the pros and cons of the City entrepreneuring a municipal golf course. This was added as item F6. Outdoor Burning Mayor Hallett reviewed the information provided by the Fire Department. Chief Glenn informed the Council that outside burning is allowed within the City by permit. However, bums on the west side of town usually seem to create problems involving lots of smoke and soot. This is probably due to inversions caused by the cold air coming up off the water pushing the smoke down. In looking back in the files, it was found that there were a number of complaints issued during the clearing of Gund Plaza. Upon checking with other municipalities, Chief Glenn found that Thurston County has outlawed outdoor burning. They use a tub grinder, which costs approximately $375/hr. This grinder can take logs up to 20 inches in diameter and grinds them into chips. The total cost is approximately $3000/acre to clear land. The City of Sequim doesn't allow outdoor burning either. Hermann Bros. Logging owns a grinder which it allows the City of Sequim to use. Using the log chipper quadruples the cost of clearing the land. Mayor Hallett inquired of Chief Glenn as to whether or not a permit is subject to revocation based on complaints of violations of conditions. Chief Glenn answered affirmatively and went on to state that the last bum which caused such a problem was done by a reputable contractor who met all the requirements of an open bum. However, the inversion of cold air caused all the problems, which demonstrated that even the best was not good enough. Olympic Air Pollution is the authority out of Olympia; however, they designated the local fire departments as agent in allowing burning. Mayor Hallett opened the floor to public comment. Nick DeScala,804 Seamount Drive, painted his house a month before the last bum. He had to rent a pressure washer in order to clean the soot and ash from his new paint job. There was ash 1/2 inch thick in his breezeway. He has no solution to the problem, because he understands the land must be cleared for building purposes, but -2- 2545 CITY COUNCIL MEETING August 17, 1993 Outdoor Burning he doesn't see how the City can allow open burns to continue on the west side. (Cont'd) John Anderson, 704 Seamount Drive, distributed to Council members copies of a letter he wrote expressing his concerns over open burning. Mr. Anderson understands that the State is planning to ban all open burning in cities with a population of greater than 10,000 by the year 2000. He has come up with several possible ordinance changes, they are as follows: (1) Increased permit fees to cover all costs to the City, notification of homeowners prior to the burn and Fire Department on site during the entire bum. (2) Notification of residents two weeks in advance of burns as well as a day or two before the burn. This will enable people to prepare and make sure their doors and windows and closed and sealed. The cost of this would be born by the permittee. (3) The Permittee must post a cash bond for clean up after the burn. Clean up includes homes, automobiles, yards, etc. (4) Relocation of residents during the burn, and per diem payment for meals which must be eaten in a restaurant during this time period. (5) Property protection during the burn. This includes a 24 hour watch on the homes which are vacant due to the burn, as well as a 24 hour watch on the fire. Mr. Anderson reiterated that the cost of any or all of these ideas would be borne by the contractor performing the burn.' Peter Vizzi, 711 S. "N" Street, informed Council that a burn that was only supposed to last a day or two continued for five days. Mr. Vizzi and his asthmatic wife were driven from their home for two weeks due to the smoke. Mrs. Vizzi is still suffering ill affects from the July 4th burn. They would like to see a burning ban in place. Larry Leonard, 1030 Olympus, sympathizes with the west side residents. However, he wonders at the wisdom of prohibiting all burning, when a problem exists in only one small area. One of the goals of the City Council is affordable housing. A ban on open burning would be detrimental to the achievement of this goal. He felt some of Mr. Anderson's ideas were good, but some of them would make the cost of a new home unaffordable. Chief Glenn will meet with the Public Works Director and Hermann Bros. and look at the chipper they have. He will also talk to Thurston County. He would like to attempt a few burns in areas that have not been plagued with problems like the west side has. He will continue to study the problem and report back to Council. It was suggested to try smaller burns, and letting the wood dry for a longer period of time before beginning a burn. Councilman Wight inquired into the possibility of hauling the logs and debris to other areas for burning. Chief Glenn pointed out that this was against State law. LEGISLATION: A. Public Hearings Public Hearings 1. ANNEXATION REQUEST - LAPPIER, West of Golf Course Road from Melody Lane to Woodhaven Lane: Request for annexation of a£proximately Annexation Request- 52 acres to the City of Port Angeles (This is continued from June 15, Lappier - 1993.) Ordinance No. 2774 Mayor Hallett reviewed the information provided by the Planning Department. He opened the public heating at 8:06 p.m. Tom Newcomb, President of the Strait Corp., owners and operators of KAPY Radio located at 1772 Melody Lane, advised the Council that KAPY Radio owns 5.5+ acres in the proposed annexation area. He can see no advantage to KAPY being annexed to the City. He understands that according to State law, KAPY cannot be an island within an annexation, which they would be if they were eliminated from this process. The Strait Corp. is licensed by FCC to operate a radio station. The FCC has changed requirements for stations, and he wondered if they would change requirements for KAPY. He does not know what those changes would or could be. It is unreasonable for Mr. Newcomb to have to go through conditional permits to make changes necessary to comply with the FCC regulations. In addition, he is concerned about Condition i in the Planning Commission minutes, which he then quoted. This Condition deals with compensation to be paid to the City for obtaining PUD facilities located within the annexation area. Mr. Newcomb does not understand why the PUD facilities must be purchased a second time. City Light Director Titus explained the reason and the formula used to come up with the cost figure. Mr. Newcomb still felt the reasoning did not make sense and they were being charged for something they had already paid for. Shirlee Lappier, 924 Golf Course Road, agreed with Mr. Newcomb that the people in the annexation area are being charged double for the electric facilities. Mrs. Lappier has contacted Olympia regarding this, and they agreed with the armexees and are auditing PUD. They will be getting back to her with an answer. -3- 254'6 August 17, 1993 LEGISLATION: Rick Bradley, 1806 Nancy Lane, owns property on Woodhaven Lane. He would (Cont'd) like to build a home on the land he owns~ He has applied for a building permit with the County, but he was denied even though he met all State guidelines on Annexation Request- requirements. Mr. Bradley is willing to pay the fees for utility facilities in order to Lappier - become part of the City. The existing septics will last for only a short time. He Ordinance No. 2774 would like to take advantage of this opportunity to annex. (Cont'd) Grant Monroe, 1765 E. Woodhaven Lane, owns two lots in the annexation area. His main concern was with the City Light capital charges. Does he have to pay this fee twice being he owns two lots? The second lot is unbuildable and is used to pasture horses. City Light Director Titus informed Mr. Monroe that undeveloped parcels are not charged until development occurs. No 'development, no charge. Mr. Monroe was pleased to hear this. Councilwoman Sargent asked why PUD charges the City for existing electric facilities. Director Titus explained line extension policies. She then inquired how many lots are owned by KAPY. Planning Director Collins explained that while they own more than five acres, it is only considered two lots. There being no further comments, Mayor Hallett closed the public hearing at 8:26 p.m. A discussion followed, with Councilman Ostrowski inquiring as to whether or not KAPY could be omitted from the annexation process. Director Collins explained that this could not be done, as it would create an island, which is against State laW. Using the overhead projector, Director Collins showed Council a map of the proposed annexation area and the location of KAPY in that area. Councilman Wight asked if a radio station is a conditional use in the RS-9 district. Director Collins informed him it was if the antenna is on site, which is the case here. Councilman Wight moved for approval of the Lappier Annexation, west of Golf Course Road from Melody Lane to Woodhaven Lane, citing the following Conditions, Findings and Conclusions: Conditions: (1) Compensation shall be provided to the City for obtaining the P.U.D. facilities located within the annexation area in a manner consistent with the recommendation of the Utilities Advisory Committee. Owners shall either pay a lump sum of $1,528.87 per lot or shall pay that amount over a period of ten years, plus an annual interest rate of 6.5 %, which will be charged to the monthly bill; (2) The west half of Golf Course Road shall be 'dedicated where necessary, including 15 feet along the Lappier and Hopkins frontages and 30 feet along the Neske' property; (3) Separate no protest agreements for the formation of a Local Improvement District for each of the following improvements shall be entered into by property owners of no-less than 60 % of the assessed value of the property within the annexation: Upgrading Melody Lane and Golf Course Road to city standards; Upsizing the sewer line as outlined in a report prepared by Northwest Territories (NTI); extending the sewer line from its current location north of Melody Lane to the site; and water system improvements for the area including storage and distribution facilities; (4) The east boundary of the annexation shall be located along the east boundary of the Golf Course Road right-of- way; and (5) The annexed area shall bear the pro rata share of the City's general obligation indebtedness existing as of the date of the annexation. Findings: (1) The proposal is to annex approximately 52 acres south of the existing City limits including Melody Lane west of Golf Course Road and Golf Course Road from Melody Lane sOuth to the annexation area's southern boundary; (2) The property is zoned Urban Residential 1 by Clallam County which allows single family development on one half-acre lots; (3) Pursuant to Section 17.95.110 of the zoning ordinance, the annexed property will be zoned RS-9; (4) In the annexation area, there are as many as 30 lots which all meet the minimum lot area and width requirements of the RS-9 zone; (5) The area is designated as Suburban Residential Environment in the City's Comprehensive Plan; (6) The area is within Clallam County's designated Urban Growth Area for Port Angeles; (7) Water is Provided by Clallam County Public Utility District. The P.U.D. will continUe to provide water to existing development, but new development will served by the City; (8) City Light is required to purchase the P.U.D. 's electric facilities or install their own within 24 months of the annexation; (9) The nearest sewer line is located north of Melody Lane. Public Works has expressed concern with the sewer main capacity. Improvements to the sewer main are likely to be needed to serve the annexation as there has been problems with failing septic sewer systems; (10) Melody Lane and Golf Course Road are not constructed to City standards; (11) The right-of-way width for Golf Course Road varies from zero to sixty feet. With the dedication required for this annexation, the right-of-way width will vary from 30 to 60 feet (990 feet (~ 30 foot width and 660 feet ~ 60 feet). The City's minimum width is 60 feet; (12) The annexed property will be zoned RS-9; (13) The sewer system is adequate to support the existing homes in the annexation area, however, downstream improvements are needed in the sewer line located in Georgiana Street to serve the annexation area at -4- 2547 CITY COUNCIL MEETING August 17, 1993 LEGISLATION: buildout; (14) A study of the water system has been prepared by CHTM Hill which (Cont'd) indicates that water system improvements are necessary to serve additional development, whether it is the City or the P,U.D. that provides the service; and (15) Annexation Request- City Council Resolution 18-78 states that every proposed annexation shall be Lappier- analyzed to ensure that the existing city improvements are adequate to meet the Ordinance No. 2774 increased burden which would be generated by the proposed annexation and that it (Cont'd) will not become necessary for city funds to be expended to enlarge such existing improvements; and Conclusions: (A) As conditioned, the proposed annexation is consistent with the Comprehensive Plan; (B) The proposed annexation is consistent with the requirements of Chapter 35A. 14 RCW; (C) As conditioned, the proposed annexation is consistent with the Council Resolution 18-78; and (D) As conditioned, the proposed annexation is in the public interest. Councilman Hulett seconded the motion. Further discussion followed with Councilman Wight expressing concern over KAPY's displeasure with the annexation. He hopes that the Strait Corp. will find the annexation to be mostly transparent, and assured Mr. Newcomb that the governmental body of Port Angeles is inclined to be as cooperative as possible to ensure the ongoing viability of his business. Councilman B~aun felt the discussion of the sewer line on page 7 of Findings was rather weak. Mayor Hallett pointed out that Condition No. 3 addressed this concern in a stronger manner. Director Collins agreed with Mayor Hallett that the purpose of Condition 3 was to shore up the Finding on the sewer line issue. Further discussion followed on sewer lines. A vote was taken on the motion, which carried unanimously. Mayor Hallett read the Ordinance by title, entitled ORDINANCE NO. 2774 AN ORDINANCE of the City of Port Angeles, Washington annexing approximately 51.66 acres into the City of Port Angeles. Councilwoman Sargent moved to adopt the Ordinance as read by title. Councilman seconded the motion, which carried unanimously. Rezone Request - 2. REZONE REQUEST- REZ 93(08)11 - RALSTON, 824 East Seventh Street: Ralston Request for rezone of one City lot (7,000) square feet)from RS-7, Residential Single-Family, to OC, Office Commercial. Mayor Hallett reviewed the information provided by the Planning Department. He opened the public hearing at 8:42 p.m. John Ralston, P. O. Box 1405, 850 Church Street, is the petitioner for the rezone request. Mr. Ralston distributed a corrected map of the area to the Council, as well as letters from 14 more residents of the rezone area who had no objection to the request. Mr. Ralston informed Council that 40 of the 42 lots in the rezone area have no objection to a rezone. Mr. Ralston wishes to enlarge or build an additional building on 8th Street, or allow the expansion of businesses abutting it, and to provide employee parking on one of the 7th Street lots. He is willing to put up a fence to allow for privacy. Mayor Hallett asked Director Collins if it is possible to rezone for a specific application. Director Collins replied that in zoning applications, you apply for all of the uses available. There is a possibility of doing contract rezones; staff has recommended against that. Mr. Ralston reiterated that his intentions are to build a parking lot in this area. If there had been a parking zone, that is what he would have applied for. He is willing to make the approval of his request contingent on his applying for a parking lot as a conditional use. Darlene Granlund, 814 E. Seventh Street, is opposed to the rezone. Although Mr. Ralston plans to put in a parking lot, there is no assurance that it will always be this way because of the other uses permitted in the OC zone. She is afraid this rezone will lead to all of Race Street being turned into a business district, thereby encroaching on the residential area. If a parking lot zone was created, Mrs. Granlund would still be apprehensive and against the rezoning. Margaret Troyer, United Olympic Realty, pointed out that churches and parks are permitted in residential areas and they are allowed parking lots. She did not feel it would be breaking with tradition to allow a parking lot as a conditional use in a residential area. 2548 ~ COtTNCIL IV[]~:~IING August 17, 1993 LEGISLATION: There being no further testimony, Mayor Hallett closed the public hearing at 9:02 (Cont'd) p.m. Rezone Request - Councilwoman Sargent moyed to concur with the Planning Commission and Ralston (Cont'd) Staff recommendations and deny this rezone request citing Findings 1 through 9 and Conclusions A through D. The motion died for lack of a second. Discussion followed with Mayor Hallett inquiring of Director Collins as to why Churches and parks are allowed to have parking lots in the RS-7 and RS-9 areas. Director Collins replied that Churches and parks are considered to be supportive of residential activities as opposed to a commercial activity. Director Collins would only recommend as an alternative that the property be rezoned OC as requested by the applicant. Mayor Hallett went on to state that as good as Mr. Ralston's intentions may be, the rezone must stand on its own merit. He felt the only clean way to do this would be to rezone it. There aren't any other conditions. Over the past eight years Mayor Hallett has heard testimony strongly against contract rezones and conditional rezones. Councilman Wight stated that some years ago he discussed this particular piece of property with someone else that had an interest in a building directly to the east of it on Race Street. This person also wished to acquire the property under discussion and mm it into a parking lot. Councilman Wight told his friend that based on the City's land use policies, he felt the chances were slim that this could be accomplished. If the rest of Council felt he should be excused from this issue, based on this conversation, he would go along with that. Tonight's testimony has not convinced Councilwoman Sargent that there are reasons for not going along with the Planning Commissions's recommendation. She agrees with the Commissioner's comments listed in the minutes, and is loathe to see this encroachment into a residential area. Mayor Hallett explained that' normally, when there is testimony showing more than 90% of the area is in favor of something Council would feel it was good public support and go along with it. However, when it comes to rezones, there is no other ability to affect anything beyond the rezone. He encouraged the petitioner to seek other alternatives if the rezone is denied. Director Collins felt the issue was whether Council wanted to expand by one lot the already designated OC area. There would have to be some £mding that the Comprehensive Plan was addressed. The finding would have to state the OC zone is intended to be compatible with the residential land usage. If that is Council's intention, those citations could be made. Or, Council could wait and have this issue returned with another set of findings and conclusions. Councilman Hulett reminded Director Collins of proposed rezones from the past, wherein the SE comer of 7th and Race would be reZoned and it was denied because of it being a strip zone going down Race Street. He inquired as to Staff's feelings about putting in a condition stating the land would be used only for a parking lot. Director Collins felt that in terms of a rezone, whatever condition you apply becomes a contract. Therefore, it becomes binding on the City as well. If the applicant succeeds in getting a CUP, then they have exercised their portion of the contract and the City cannot rescind it after that without their approval. Further discussion followed regarding CUP's for this rezone. Councilman Hulett suggested that staff look into creating a parking lot zoning district. Director Collins doesn't advise this, as it creates a spot zone with a parking lot here and a parking lot there. Councilwoman Sargent moved to concur with the Planning Commission and staff recommendations and deny this rezone request citing the following Findings and Conclusions: Findings: (1) The application is for a rezone from RS-7 to OC, of a 7,000 s.f. site, located on Lot 3, Block 224, TPA; (2) There are a two Comprehensive Plan land use designations that converge near the site, including urban residential, and neighborhood commercial, which is centered around the intersection of Eighth and Race Streets. There are a number of Goals, Policies and Objectives which have been identified as being relevant to the rezone including Goals Nos. 2, 3 & 5; Commercial Policies Nos. 1-4; Social Objectives No. 2; Circulation Objective No. 1 and Land Use Objectives Nos. 1 & 2; (3) The City of Port Angeles SEPA Responsible Official issued a Determination of Non-Significance for the rezone on July 21, 1993; (4) Property surrounding the site is zoned RS-7 to the west and north, OC to the east, and CSD-C1 to the south; (5) The site is vacant. Property to the north and west is improved with single family homes, to the south is vacant and to the east is an office building; (6) There are 12 homes fronting on Seventh Street between Francis and Race Streets. The one office building on the block fronts on Race Street; (7) The City recently added about five blocks of OC zoned property when it rezoned sites near the hospital and City Hall. Most of the buildings within -6- 2549 CITY COUNCIL MEETING August 17, 1993 LEGISLATION: these areas are used for residential purposes and have not been converted to offices; (Cont'd) (8) The OC zone is.intended to be compatible with residential land uses; and (9) The OC zone allows professional offices and residential land uses, but does not allow Rezone Request- retail uses normally associated with neighborhood commercial uses; and Ralston (Cont'd) Conclusions: (A) The rezone is not in the public use and interest and is not compatible with the surrounding residential character; (B) The rezone is not consistent with the Social Objective No. 2 of the Comprehensive Plan as it would affect the character of the residential street; (C) Circumstances have changed since the property was zoned RS-7 which have increased the supply of OC zoned property in the City; and (D) The OC zone does not qualify as a neighborhood commercial use. Councilman Wight seconded the motion. After further brief discussion, with Councilwoman Sargent pointing out that several of the land owners who were not opposed to the rezone were pretty remote from the rezone area, a vote was taken on the motion, which carried by a 5 - 1 majority with Councilman Braun voting in opposition. Break Mayor Hallett recessed the meeting for a break at 9:18 p.m. The meeting reconvened at 9:31 p.m. Rezone Request - 3. REZONE REQUEST- REZ 93(08)12 - HALL, Northwest corner of Race and Hall Seventh Streets: Request for rezone of two City lots (14,000 square feet} from RS-7, Residential Single-Family, to OC, Oj~ce Commercial. Mayor Hallett reviewed the information provided by the Planning Department. He opened the public hearing at 9:32 p.m. Margaret Troyer, 701 E. Front Street, wished to speak in favor of the rezone. Upon traveling down Race Street today, she observed that there are approximately 1740 linear feet out of a total of approximately 3000 linear feet from 8th and Race to Front Street in some form of nonresidential usage. Due to parking regulations, it is almost required to have two lots for a project. It is difficult to find contiguous lots for sale at the same time. Future use plans earmark Race Street for a truck route. A truck route is not a good place to raise children. No one has built a residence in this area for years. However, the residential zoning is still in effect. The businesses already located on 8th and Race have enhanced the appearance of the area. Common sense should prevail and busy streets should have at least a two lot buffer before turning residential. She suggested Council consider rezoning along Race Street to nonresidential uses. Dr. Edwin Hall, 935 E. Bay Street, is the applicant for the rezone. He would like to see this rezone approved so that he can build a new dental clinic. Dr. Hall agrees with Mrs. Troyer's observations. If indeed Race Street is going to become a truck route, he feels his business would be a good buffer. He has had a difficult time trying to find two contiguous lots to put a clinic on. Mrs. Troyer, 701 E. Front Street~ wished to inform Council Darlene Granlund informed her that she would not be opposed to this rezone, and that she also would like to see all of Race Street rezoned. No one else appeared to speak to the issue and Mayor Hallett closed the public hearing at 9:40 p.m. Councilwoman Sargent asked why everyone assumed Race Street would be a truck route in the future. Director Collins explained that this is proposed in the draft Comprehensive Plan. He went on to inform Council that they should focus on the existing plan, but that they needed to be cognizant of what is being proposed. The Growth Management Advisory Committee recommendation is that the area in question would be designated for medium density residential along Race between Civic Field and the 8th Street Community Shopping District. The Race Street/Lauridsen Blvd. area would be improved for an alternate route for truck traffic so it would not be routed through the commercial areas of First/Front/Lincoln downtown. Councilwoman Sargent then asked if the denial of this rezone request by the Planning Commission was based on availability of OCD land. Director Collins felt the denial was primarily based on the Comprehensive Plan. Councilman Hulett moved that Council deny the rezone request REZ 93(08)12 citing the following Findings and Conclusions: Findings: (1) The application is for a rezone from RS-7 to OC, of a 14,000 s.f. site, located on Lots 17 & 18, Block 207, TPA; (2) There are two Comprehensive Plan land use designations that converge near the site, including urban residential, and neighborhood commercial, -7- 2550 C~ COUNC'~L ~G August 17, 1993 LEGISLATION: which is centered around the intersection of Eighth and Race Streets. There are a (Cont'd) number of Goals, Policies and Objectives which have been identified as being. relevant to the rezone including Goals Nos. 2, 3 & 5; Commercial Policies Nos. 1-4; Rezone Request - Social Objectives No. 2; Circulation Objective No. 1; and Land Use Objectives Nos. Hall (Cont'd) 1 & 2; (3) The City of Port Angeles SEPA Responsible Official issued a Determination of Non-Significance for the rezone on July 27, 1993; (4) Property surrounding the site is zoned RS-7 to the west, east and north, and OC to the south; (5) The site contains two single-family homes on two lots. Property to the north and west are improved with single-family homes, to the south is an office building and to the east is vacant; (6) The City recently added about five blocks of OC zoned property it they rezoned sites near the hospital and City Hall. Most of the buildings within these areas are used for residential purposes and have not been converted to offices; and (7) The OC zone is intended to be compatible with residential land uses; and Conclusions: (A) The rezone is not in the public use and interest and is not compatible with the surrounding residential character. The use would be detrimental to the thoroughfare character of Race Street; (B) The rezone is not consistent with the Comprehensive Plan policies which encourage new commercial areas along the existing commercial 'T" or hospital area and which discourage strip development; (C) Circumstances have changed since the property was zoned RS-7 which have increased the supply of OC zoned property in the City; and (D) The Office Commercial zone does not qualify as a neighborhood commercial use. Councilman Wight seconded the motion. After further brief discussion a vote was taken on the motion, which carried unanimously. Rezone Proposal - 4. REZONE PROPOSAL - CITY OF PORT ANGELES - REZ 93(08)10 - City of Port Angeles - Generally west and north of Chase Street between First and Front and Ordinance No. 2775 Lincoln and Peabody Streets: Proposed rezone of property designated Central Business District (CBD) and Arterial Cornmercial District (~lCD) to Residential High Density (RHD). Mayor Hallett reviewed the information provided by the Planning Department. He opened the public heating at 9:59 p.m. There being no one who wished to address the issue, Mayor Hallett closed the public heating. Councilman Ostrowski moved to concur with the recommendations of the Planning Commission for Item A, citing the following Findings and Conclusions: Findines: (1) The approval is for a rezone, from ACD to RHD, of a site with about 1.7 acres of site area; (2) There are a number of Comprehensive Plan land use designations that converge near the site, including urban residential, auto commercial, CBD and daily commercial. There are a number of Goals, Policies and Objectives which have been identified as being relevant to the rezone including Goals Nos. 2, 3 & 5; Residential Policies Nos. 15-17; Commercial Policies Nos. 1, 2 & 7;' Social Objectives Nos. 1-3; and LandUse Objectives Nos. 1, 2 & 4-6; (3) The City of Port Angeles SEPA Responsible Official issued a Determination of Non- Significance for the rezone on June 17, 1993; (4) Property surrounding the site is zoned CBD, ACD and RHD. The rezone will connect two separate RHD zoned areas to create one larger continuous area of RHD zoned property; (5) The site is improved with a single family home, the Morse Court Apartments, the Harborview Condominiums, a duplex and a vacant site from which a home was recently demolished; (6) The site is located on a bluff above First and Front Streets; (7) Access to the site is limited to the alley, via Chase and Peabody Streets; (8) The site is zoned CBD and ACD which allows residential uses in a mixed use development; (9) The blufftop properties have been zoned commercial since at least 1966. There are no known commercial uses on the site or on the north side of the alley; (10) The lots not included in the rezone are accessible from First Street. There is a paved parking lot on them which is accessed from First Street; and (11) As a result of a previous rezone in this area, there is an isolated 35' x 140' strip of Arterial Commercial District (ACD) zoned property located between the La Montana condominiums in this location and the Central Business District (CBD) zoned property to the west; and Conclusions: (A) The rezone is in the public use and interest and is compatible with the surrounding zoning; (B) The rezone is consistent with the Goals, Policies, and Objectives of the Comprehensive Plan, specifically, those identified in Finding No. 2; and (C) Circumstances have changed since the property was zoned ACD. At least 27 years have passed without any commercial development despite the commercial zoning and despite the 1990 code amendment which allowed mixed residential/commercial uses. Councilman Braun seconded the motion. Planning Director Collins requested to make a point of clarification to Council. The reason Item B is not before Council is because it was not properly noticed in the original rezone request, and the rezone process will begin again for that 35' strip. This strip is located west of the existing RHD on First Street. Councilman Wight inquired as to who owns the property. Director Collins explained that the application is the result of the earlier RHD request by McNutt. At that time it was noted that -8- '2551 CITY COUNCIL MEETING August 17, 1993 LEGISLATION: all of the property in the Item A area is currently used for residential purposes not (Cont'd) commercial purposes. Therefore, it made more sense to make residential use the permitted use rather than the nonconforming use. A vote was taken on the motion, Rezone Proposal - which carried unanimously. City of Port Angeles - Ordinance No. 2775 Mayor Hallett read the Ordinance by title, entitled (Cont'd) ORDINANCE NO. 2775 AN ORDINANCE of the City of Port Angeles rezoning property located west of Chase Street and east of Lincoln Street, Port Angeles, Washington. Councilman Ostrowski moved to adopt the Ordinance as read by title. Councilman Braun seconded the motion, which carried unanimously. Meeting Extended Councilwoman Sargent moved to extend the meeting past 10 p.m. Councilman Past 10 p.m. Braun seconded the motion, which carried by a majority vote of 5 - 1 with Councilman Wight voting in opposition. Appeal of Wetland 5. APPEAL OF WETLAND PERMITDECISION- MERRIWETHER/DILL, WP Permit Decision - 93(06)02 - "H~ Street between I2th and 13th Streets: Request for appeal Merriwether/Dill of a condition of approval of a wetland permit decision. (Appellant: Murray.) Mayor Hallett reviewed the information provided by the Planning Department. City Planning Director Collins corrected the permit number. The agenda showed it to be WP 93(03)02, the correct number is WP 93(06)02. Director Collins then used the overhead projector to show Council the area under discussion. Mayor Hallett opened the public hearing at 10:07 p.m. Mark Murray, 1420 West 12th Street, is the appellant in this case. Mr. Murray pointed out that this area is one of two Class II wetlands in the City, and the only one left undisturbed. Granting the wetland permit allows the wetland buffer zone to b~ decreased. Mr. Murray has environmental concerns on this issue. The City staff, at the wetland hearing, recommended the alley be paved and have storm drains to prevent runoff from draining into the wetland area. Mr. Murray feels it should be a condition not a recommendation. He further feels the alley should be paved and storm drains in place prior to construction beginning on the abutting lots. Mr. Murray is also uncomfortable with parking being allowed in the alleys. Thirteenth Street does not go through due to the wetlands. Staff informed him that 13th Street will never go through, thus the alley is the only access to those residences. The fire department requires access and either a turn around or an exit in the alley. "G" Street is not a through street. To provide access 'G" Street will have to be put through or a turn around established. Mr. Murray is concerned over parking. If homes are built there, and they have company, where will the company park that is not going to block the alley for emergency vehicles. The existing lots will be losing 30 feet due to the buffer zone, and there are 15 foot setbacks from the alley. This leaves only a 90 foot section to build a residence and yard on several of the lots. Twenty-five feet of the buffer zone must be enhanced with native vegetation. What will prevent some one from encroaching their yard into the buffer zone. How will the City police these zones? What will the City do to rectify improper encroachment of wetlands buffer zone. Mr. Murray is requesting that the Council to change the conditions of the wetlands permit to state that there be a paved alley with storm drains. He feels the wetlands are a very important part of our community. Mr. Murray understands that part of the problem is denying owners the use of their lots. His suggestion is that due to the wetland act the City has drawn up, the City must purchase these lots. Mayor Hallett questioned Director Collins as whether or not the City is obligated,. under the Growth Management Act and Wetlands Ordinance, to purchase property if someone isn't able to use it because of changes in the law. Director Collins responded that if the City's regulations prohibit all reasonable economic use of the property, then through a taking action in the Courts, the City would be required to compensate the owner for that property. Director Collins, as the City's Administrative Hearings Officer, testified. He showed another map of the same area. He felt the issues raised by Mr. Murray were what level of improvement should be made to the 12/13 alley and what monitoring would -9- 2552 August 17, 1993 LEGISLATION: be done by the City. (Cont'd) The Hearing Examiner's decision followed staff's written recommendation as to what Appeal of Wetland to require forthe 12/13 alley, The way the condition reads now, the Public Works Permit Decision- Dept. and Fire Dept. would apply what standard for improvement they deemed Merriwether/Dill necessary to the alley to withstand use by garbage truck and fire truck access. The (Cont'd) only access for these properties is by the 12/13 alley. This means there will be more wear and tear on the alley than there would be if there were streets surrounding the property. Normally, the minimum standard is an all weather surface, but many alleys are paved. As a rule, storm drainage would not be included in an alley because storm drainage is directed towards the surrounding streets. In this case, due to the prohibiting of development of 13th Street east of "H' Street, there would be no storm drain that this water would naturally flow into. Therefore, if the storm drainage is going to be intercepted in the alley, this would be accomplished by instituting a storm drainage system in the alley with a gutter system. None of the property in question drains to the alley, so the system would only serve the alley itself and the properties to the north. Director Collins went on to explain that what Mr. Murray is asking is that the sediments and/or residues from automobiles moving up and down the 12/13 alley be trapped and not go into the wetland, which they would normally flow toward under the gravity flow of the surface water. This is entirely appropriate if it is desired to specifically trap these sediments instead of dealing with the normal practices. However, this is a departure from normal standard development practice and costs that are borne by the applicant. That is a decision that has to be made if Council feels it is warranted to protect the wetland. As to the issue of future monitoring and enforcement of the ordinance, it is enforced the same way all the City's land use codes are enforced. During time of construction and development people are on-site verifying that construction is done according to requirements. After development is completed, it is handled on a complaint basis. If the Council wishes to be more specific as Mr. Murray requests, then the Council should be specific in the conditioning of the permit. Violation complaints are investigated. If a violation has occurred, the City notifies the responsible party, informs them of their violation, and requests they cease and desist the violation and make remedy of whatever damage they have caused. This is usually done by letter. If they do not cooperate, they receive a cease and desist order and then it is turned over to the City Attorney and he takes them to court where fines may be imposed. A brief discussion ensued on buffer areas. Mayor Hallett inquired as to the definition of an all weather surface for the alley. Public Works Director Pittis defined an all weather surface as a 20 foot gravel roadway. Most of the access alleys within the City are paved, but this is not a requirement of a building permit. If this appeal is not acted upon, there is no guarantee the alley would be paved. Director Collins felt the gravel would be a better surface than a paved surface without storm control. Most alleys do not have curb and gutter, in this case it would speed up the transfer of pollutants into the wetland area. A graveled surface would reduce the rate of runoff. This is not necessarily the best solution. If the Council's primary concern is to prevent pollutants from the 12/13 alley from getting into the wetlands, then a storm drainage system would be appropriate and this would entail a paved alley with curb and gutter. Councilman Hulett questioned how sanitary sewers would be installed. Director Collins explained that the 12/13 alley would be the primary access and utility corridor. Councilman Hulett then asked if the recently adopted ordinance on street standards governed alleys. Director Pittis felt this ordinance did not address alleys at all. John Heal, 4272 Lost Mountain Road, is an enVironmental consultant hired by the proponents not to advocate for or against the project, but to provide technical expertise and answer questions. Mr. Heal summarized his credentials which include a master's degree in environmental studies and five years experience assessing wetlands on the North Olympic Peninsula. Mr. Heal felt there was some confusion with the map used, as it does not show the actual wetland buffer which has been adjusted. He then pointed out that the 250' topographic line is not the wetland buffer boundary. He also pointed out a scale drawing of the open water of Big Boy Pond, the wetland area, the forested buffer and then homesite and alley. It is not a steep slope and he feels this is an adequate buffer. This has been used as a stormwater detention or retention pond. Mr. Heal understands that a large volume of untreated stormwater is discharged into the - 10- 2553 CITY COUNCIL MEETING August 17, 1993 LEGISLATION: wetland during the winter months. Mr. Heal was conservative in the drawing of the (Cont'd) wetlands and boundaries, and protective of the natural resources there. Another biologist could say this is not wetlands, because it is only flooded due to the City's Appeal of Wetland directing of stormwater into the area. Permit Decision - Merdwether/Dill Mr. Heal wanted to correct the impression that this was not a disturbed wetland. (Cont'd) The stormwater is a disturbance, and the vegetation has changed. It is Mr. Heal's understanding that originally the wetlands extended west of ~IN Street, and the construction of ~I" Street comprised some of the fill in the wetland. Items which constitute a disturbance to this wetland include: litter, yard debris and a junk car. Mr. Heal felt there were three reasons for there being no advantage to paving the alley: (1) little traffic, therefore little stormwater pollutants; (2) there is a lot of vegetation between the alley and the wetland; and (3) there is a lot of uncontrolled stormwater going into the wetland already. Mayor Hallett asked if there should be a drainage plan if it was required that the alley be paved. Mr. Heal felt there would have to be a larger study done to take in the complete basin and not just this particular section, and then given the limited resources of the landowners and the City what makes the most sense in prOtecting that water quality. It may result in the placement of a detention pond to upgrade the stormwater before discharge into the wetlands. At Councilman Ostrowski's request, Mr. Heal defined a Class II Wetland. Rick Dill, 140 Island Vista Way, wished to point out to the Council that the residents have met all the requirements set by the City for wetlands protection at great personal expense. As there is no proof that a paved alley will improve the wetlands, he does not feel they should be subjected to another expense. The buffer is for runoff, and they should not have to put in sewer drains also. Jim Merdwether, 1514 S. Cedar Street, has lived in the area under discussion for 15 years. He feels the amount of water going into this pond has been drastically reduced. Five years ago he bought some lots next to his home, at the time there was no wetland ordinance. This is not a new development. The existing alley is more than 20 years old, and the utilities are in the alley already, except for water. Thirteenth Street from NI~ to 'H' Streets has at least 10 homes, with runoff going to Big Boy Pond. It is a graveled street, the same as the proposal for the alley. There doesn't seem to be a pollution problem due to this. Mr. Merriwether pointed out that there is no one policing the green belts or the property bordering parks. If someone makes a complaint, it is taken up accordingly. ~ Building a house in this area would almost be cost prohibitive now, with all the other regulations and the costs incurred to pave the alley. If Mr. Murray wants a paved alley, an LID can be done. Martee Lucas, 1319 'K' Street, wanted to give the rationale for the request to pave the alley and connect it to the storm drain. Ms. Lucas cited A Wetlands Buffer, A Field Evaluation of Buffer Effectiveness in Pueet Sound, by Sarah Speer-Cooke and Wetland Buffers, Use and Effectiveness, from the Washington State Dept. of Ecology Publication 92-10. Ms. Lucas summarized these articles. She felt the City needed to take whatever steps necessary to protect the wetlands the City has left. Ms. Lucas also requested that the City put in a turn-around for emergency vehicles to help prevent traffic from creating it's own exit. She wanted to know how new owners of these lots would be informed about the wetlands permit requirements. Larry Leonard, 1030 Olympus, pointed out to the Council that much of the testimony has nothing to do with the issue at hand. The issue is only whether or not the alley should be paved as a condition of the wetland permit. Mr. Leonard could not understand how putting something uphill from the applicant's property to stop the runoff coming down above the applicant's property is going to mitigate the things the applicant is intending to do. The appellant is not appealing the permit, he is simply asking for another condition. Mr. Murray again took the floor to clarify several points, one of which is the location of his garage. He also testified that he does not use the alley for ingress or egress whatsoever. He has been a wetlands advocate for years. He wishes to have a condition added that the alley be paved and storm drains placed, and he desired to remind the Council that it was a verbal recommendation by City staff at the wetlands heating that the alley be paved. If it had been added to the permit, he would not be appealing this tonight. Director Collins wanted to comment that one of the issues was enforcement and informing new residents, and he wanted the Council to know that one of the conditions is that a sensitive tract will be recorded, so new property owners will be notified of the conditions of the buffered enhancement plan through the recorded sensitive areas tract that would be necessary in order to implement the wetland -11- 2554 August 17, 1993 LEGISLATION: permit. (Cont'd) There being no further testimony, Mayor Hallett closed the public hearing at 11:08 Appeal of Wetland p.m. Furthar discussion followed regarding the complexities of dealing with 'Permit Decision - wetlands. Merriwether/Dill (Cont'd) Councilman Wight moved to uphold the Hearing Officer's decision, citing the following Conditions, Findings and Conclusions: Conditions: (1) Proposed development will be limited to low-intensity land uses as defined or interpreted for the Wetlands Protection Ordinance (Port Angeles Municipal Code Chapter 15.24), unless approved as part of a Planned Residential Development; (2) The applicant shall develop a Buffer Enhancement Plan to be approved by the Planning Director, which shall include the following: a) the use of native vegetation naturally found in and around a wetland environment; b) provisions to improve the functional attributes of the buffer area, and provide additional protection for the wetlands areas' functions and values; c) a provision for utility hookups and maintenance access as required by the City to the existing City sewer line located in the 12/13 alley; d) coordination with any Buffer Enhancement Plans approved for adjacent areas; (3) The applicant shall create and protect a sensitive area tract in accordance with Section 15.24.070(H)(1)(a) of the City of Port Angeles Wetlands Protection Ordinance; (4) All conditions and improvements including those required as part of the Buffer Enhancement Plan shall be completed and in the ground prior to any building permits receiving final inspection approval by the City; (5) The Planning Director shall require appropriate performance bonds in accordance with Section 15.24..070(H)(2) of the City of Port Angeles Wetlands Protection Ordinance; (6) All ingress and egress to the subject site and individual lots shall be limited to the 12/13 alley immediately north of the subject site; (7) Thirteenth Street shall not be extended east of "H" Street; (8)All structures on Lots 14 through 20, Block 366, Townsite of Port Angeles, shall be located out of the 75-foot reduced buffer plus a required iS-foot setback from the buffer; (9) The extension of "G" Street south of the 12/13 alley, which is located immediately north of the subject site, is prohibited; (10) All improvements shall be in accordance with the development standards of the City's Wetlands Protection Ordinance and the underlying zoning district; (11) There shall be two parking spaces provided on site for each residential unit; (12) The delineation of the wetlands and buffer areas per the approved Buffer Enhancement Plan shall be marked in the field prior to any work on the site, and such areas shall remain marked and undisturbed during construction except for buffer enhancement per the plan approved under Condition No. 2; (13) Appropriate erosion control measures and construction practices shall be used and in place prior to any clearing, grading, or construction to mitigate impacts to the wetlands due to surface water runoff; (14) The City Engineer and Building Official shall not approve any structures without first ascertaining necessary flood protection requirements; and (15) The proposed project shall be subject to the comments provided by the Port Angeles Fire Department (attached); Findings: (1) The proposed activity is a regulated activity as defined and regulated by the City of Port Angeles' Wetland Protection Ordinance; (2) The subject property contains a regulated wetland area and buffer area as defined and regulated by the City of Port Angeles' Wetland Protection Ordinance; (3) The applicant has applied for a Wetland Permit in accordance with the City of Port Angeles' Wetland Protection Ordinance; (4) At least 15 days prior to the date of the permit hearing, the following did occur: a) a notice of hearing was published at least once a week on the same day of the week for two consecutive weeks in a newspaper having a general circulation in the City of Port Angeles; b) a notice was mailed to the latest recorded real property owners as shown by the records of the County Assessor within at least 300 feet of the boundary of the property upon which the regulated activity is proposed; and c) a notice was posted at the proposed site of activity and at public places of assembly near the site of the proposed activity; (5) The proposed project is not water-dependent; and (6) The site plans show that there is sufficient - site area outside the wetlands, wetland buffer areas, and required setback areas for a reasonable building area on each lot; and Conclusions: (1) As conditioned,' the proposed activity will result in no feasible alteration or impairment to the wetland's functional characteristics and its existing contours, vegetation, fish and wildlife resources, and hydrological conditions; (2) As conditioned, the proposed activities will not cause significant degradation of groundwater or surface water quality; (3) As conditioned, the proposed activity minimizes adverse impacts to regulated wetland areas and buffer areas; and (4) As conditioned, the proposed activity results in no net loss of regulated wetland areas. Councilwoman Sargent seconded the motion. After a brief discussion was held regarding alley standards a vote was taken on the motion, which carried unanimously. City Light Rates - 6. City Light rates (continued from AUgust 3) Ordinance No. 2776 Mayor Hallett reviewed the information provided by the City Light Department. He opened the public hearing at 11:15 p.m. - 12- 2555 CITY COUNCIL MEETING August 17, 1993 LEGISLATION: Jerry Honnold, 505 E. Ahlvers Road, provided the Council with a typed copy of his (Cont'd) interpretation of the budget and the Cost of Service Study and reasons for the rate increase by citing specific dollar amounts. After a lengthy summarization of his City Light Rates - written report, he concluded that the rate increase was not warranted and perhaps the Ordinance No. 2776 City Light Department should have looked to decreasing capital expenditures as well (Cont'd) as decreasing administrative allocations in order to achieve a balanced budget with a smaller rate increase. There being no further public testimony, Mayor Hallett closed the public hearing at 11:30 p.m. Councilwoman Sargent mentioned a phone call she had regarding the in lieu of tax and Mayor Hallett also received a call on that subject and received questions on cost of service, customer charge and the question of whether or not the customer charge is a cash accounting. A brief discussion followed on these items as well as administrative costs. Councilman Wight pointed out that the automation of the utility billing system was part of the reason for the increased 1992 cost allocation. City Manager Pomeranz gave a brief explanation on the street lighting changes and informed Council that the City Light Department is treated the same way a private utility would be treated and is not considered a cash cow. City Light Director Titus gave an explanation of the customer charge. Mayor Hallett read the Ordinance by title entitled ORDINANCE NO. 2776 AN ORDINANCE of the City of Port Angeles, Washington, altering the rates for the sale of electricity and amending Ordinances 2608 and 2646 and Chapter 13.12 of the Port Angeles Municipal Code. Councilwoman Sargent moved to adopt the Ordinance as read by title. Councilman Ostrowsid seconded the motion. Councilman Wight reiterated the recommendations of the UAC regarding capital improvements and their necessity. A vote was taken on the motion, which carried unanimously. B. Ordinances not requiring public hearings None. Public Nuisance - C. Resolutions requiring public comment Resolution No. 30-93 1. Consideration of Public Nuisance Mayor Hallett reviewed the information provided by the Public Works Department. A revised Exhibit "A' was distributed to Council. Mayor Hallett inquired as to whether there was any public comment pertinent to the nuisances. There was none. Mayor Hallett read the Resolution by title, entitled RESOLUTION NO. 30-93 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. Councilman Ostrowski moved the Resolution be passed as read by title. Councilman Braun seconded the motion, which carried unanimously. Corrections to D. Resolutions not requiring public hearings Resolutions No. 19-93 and 29-93 1. Corrections to Resolutions 19-93 and 29-93 Mayor Hallett reviewed the information provided by the city Attorneys Office. Councilwoman Sargent moved to direct the City Clerk to correct the titles to Resolutions 19-93 and 29-93 to reflect the setting of a public hearing 'date. Councilman Braun seconded the motion, which carried unanimously. - 13- 2556 August 17, 1993 LEGISLATION: 2. Establishing Shoreline Master Program Committee (Cont'd) Mayor Hallett read the Resolution by title, entitled Establishing Shoreline Master Program RESOLUTION NO. 31-93 Committee - Resolution No. 31-93 A RESOLUTION of the City Council of the City of Port Angeles, Washington establishing a citizen advisory committee to assist in a comprehensive update of the Shoreline Master Program. Councilman Wight moved the Resolution be passed as read by title. Councilman Ostrowski seconded the motion. A brief discussion followed with Director Collins informing the Council that the City adopted the County Shoreline Master Program Urban Environment section in 1976. There has never been a City Shoreline Master Program. This will remedy that situation. The City has received a grant from the State paying for approximately one-half of the cost of the update, the other half is in the budget. A vote was taken on the motion, Which carried unanimously. Planning Commission E. Planning Commission Minutes/Action Items Minutes/Action Items 1. Preliminary Subdivision - Olympic View Estates Olympic View Estates Planning Director Collins distributed to the members of Council a letter from the applicant of the Preliminary Subdivision - Olympic View Estates requesting a 30-day extension and waiving the 90-day limitation on City action. Director Collins felt it would be cost effective for the City to continue the application. Councilwoman Sargent moved to extend the application for a period of 30 days to allow the applicant to submit the required preliminary plat to the Planning Commission for review. Failure to submit the required information for the preliminary plat within 30 days will result in it coming directly back to Council with the original recommendation of the Planning Commission. The motion was seconded by Councilman Wight and carried unanimously. 2. Planning Commission Minutes of August 1I, 1993 Councilman Wight moved to accept the Planning Commission minutes of August 11, 1993. Councilman Braun seconded the motion, which carried unanimously. Voluntary Utility F. Other Considerations Contribution Program 1. Voluntary Utility Contribution Program This item was deferred to a future meeting due to the late hour. New Position From 2. New Position Request From Finance Department Finance Department Information Systems Administrator Kasicki requested that Council approve the position as approved by the ISSC. This position is part of the overall comprehensive system plan. Councilwoman Sargent expressed her displeasure in increasing staff, as she felt the new system was going to increase control, be more efficient, and make more efficient use of existing staff. Councilman Wight reminded the Council that if the existing staff isn't given proper resources the system will crash. He felt this position was necessary and should be filled. At City Manager Pomeranz's request, Mr. Kasicki informed Council that current staff consisted of himself, who oversees telephones, network, RS-6000, and the individual PC's. He has one programmer analyst to convert programs to the RS- 6000 from the HP and one part-time, temporary helper. The new position requested would mainframe the two computers. City Manager Pomeranz explained the system and its growth and why another staff position is necessary to keep the system running smoothly. Councilman Ostrowski felt this item should be delayed until the next budget. Councilwoman Sargent agreed with this. Councilman Wight reminded the Council that Manager Pomeranz doesn't typically - 14- 2557 CITY COUNCIL MEETING August 17, 1993 LEGISLATION: request additional staff lightly; there is obviously a legitimate need for this request. (Cont'd) Manager Pomeranz agreed to readdress this with the ISSC to be certain this position New Position From is genuinely necessary and, if so, bring it back at budget time. Finance Department (Cont'd) Carwash Issue/Letters 3. Carwash Issue/Letters Larry Leonard, 1030 Olympus, was disappointed to learn that Daishowa no longer wished to continue the carwash. People from out of town use it to rinse their boats and this is another tourist draw. The additional expense to the City to keep it running would be minimal, as the City already pays for the water. It would be a disservice to the community to close it down. Mr. Leonard does not feel that a car rinse in any way competes with a regular car wash. Councilman Braun informed Mr. Leonard that he had received calls from owners of carwashes who did feel that the Daishowa carwash infiinged on their business. He also expressed concern over the amount of water used by the carwash. Councilman Wight thought one would expect carwash owners to be against this carwash. No action was taken on this item. Law Enforcement 4. Law Enforcement Advisory Board letter re: Local optional Sales tax for Advisory Board Letter Criminal Justice Funding re: Local Optional Sales Tax Mayor Hallett reviewed the letter from the Law Enforcement Advisory Board requesting that the Council send a letter to the County Commissioners urging the pasSage of the local optional sales tax of one tenth of one percent. Councilman Braun moved that the Council sign and forward the letter to the County Commissioners. Councilman Wight seconded the motion. A brief discussion followed with Councilwoman Sargent pointing out that a $50.00 purchase would only result in a $0.05 additional charge. She felt it was a good way to generate the funds for criminal justice and the City and County should take advantage of this opportunity. A vote was taken on the motion, which carried unanimously. Outdoor Burning 5. Outdoor Burning Issue Issue Tim German, 2025 West 12th Street, was not here earlier this evening when this issue was discussed. The Council agreed to re-open the discussion to give Mr. German an opportunity to express his concerns. Mr. German reminded the Council that there is a housing crisis in the City, and that it is the responsibility of the Council and City Staff to provide an atmosphere that would promote the housing industry. This would also give the City a larger tax base and bring new people and new jobs into Port Angeles. Banning bunting to clear buildable land would make affordable housing a thing of the past. He requested Council to keep this in mind while debating whether to ban outdoor burning within the City. Mr. German felt that if notices were posted a day or two before a burn, it would give residents a chance to make alternative arrangements. Municipal Golf Course 6. Municipal Golf Course Councilman Wight informed the Council that some municipalities operate golf courses. The Port has 105 acres of land west of the airport to lease or sell. After a discussion with Parks and Recreation Director Brodhun and City Attorney Knutson, he felt it was something that should be examined. Councilman Wight is requesting staff be directed to look into the feasibility of providing a municipal golf course. Staff was directed to get more information and report back to the Council. ADJOURNMENT: Meeting adjourned at 12:35 a.m. Cle;k - - 15-