Loading...
HomeMy WebLinkAboutMinutes 09/20/1994 2848 CITY COUNCIL MEETING Port Angeles, Washington September 20, 1994 CALL TO ORDER - Mayor Sargent called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: .at 6:25 p.m. ROLL CALL: Members Present: Mayor Sargent, Councilmembers Braun, Doyle, Hulett, - McKeown, Ostrowski, and Schueler [arrived at 6:30 p.m.]. Members Absent: None. Staff Present: Acting Manager Pittis, Assistant Attorney Dickson, Clerk Upton, S. Brodhun, B. Collins, L. Glenn, S. Ilk, B. Becket, B. Jones, S. Hursh, and J. Jimerson. Public Present: C. Muir, D. Blagdon, D. Rudolph, P. Schroeder, J. Ralston, G. Scherer, B. Berezowsky, and R. Wight. Interview Applicants The City Council interviewed the following applicants to fill a vacant position on the for Planning Planning Commission: Julie Bondy, Bob King, and Mary Craver. Commission ADJOURN SPECIAL Mayor Sargent adjourned the special meeting at 7:10 p.m. MEETING: CALL TO ORDER - Mayor Sargent called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:18 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Sargent. ALLEGIANCE: APPROVAL OF Councilmember McKeown moved to approve the minutes of the regular meeting MINUTES: of September .6, 1994. Councilman Braun seconded the motion. Councilman Doyle noted an error on the last line of Page 7, where the word "two" should be changed to "too". A vote was taken on the motion, which carried unanimously. CEREMONIAL I. Proclamation recognizing Public Power Week, October 2 - 8, 1994 MATTERS/ PROCLAMATIONS: Mayor Sargent read a proclamation declaring October 2 - 8, 19~4, as Public Power Week. Public Power Week CITY COUNCIL Councilmember McKeown attended a meeting of the Utility Advisory Committee; COMMITTEE she deferred the report to Councilman Braun. The first meeting of the School REPORTS: Concurrency Task Force was held and went well, with a sharing of information and agreement reached on the ground roles. Councilman Ostrowski issued a reminder of the Real Estate Committee meeting scheduled for Wednesday, September 21, 1994, at 4:30 p.m. He attended a meeting of the Washington Coastal Corridor Advisory Committee in Neah Bay, at which time letters of support were sought from cities, counties, and tribes within the corridor, signifying interest in and endorsement of the Corridor Master Plan process. In addition, the agencies were asked to provide the name of a contact person. Councilman Ostrowski read into the record a draft letter to be signed by the Mayor indicating Port Angeles' endorsement of the process and designating Planning Director Collins as the City's contact. Councilman Ostrowski moved to approve the letter. The motion was seconded by Councilman Hulett and carried unanimously. Councilman Hulett attended a meeting of the Chamber of Commerce Board of Directors where a decision was made to sponsor a circus on June 30, 1995, as a fundraiser. He attended a meeting of the Youth Task Force and received information from the Sequim Boys and Girls Club. Councilman Hulett reported that, at a -1- 2849 CITY COUNCIL MEETING September 20, 1994 CITY COUNCIL meeting of the Visitor & Convention Bureau, Congressman Norm Dicks announced COMMITTEE a $95,000 grant awarded to the VCB under the PDA, which is intended to be used REPORTS: (Cont'd) for increasing tourism. A committee will be formed to determine how to allocate the funds. Councilman Braun attended the Utility Advisory Committee meeting at which time consideration was given to a citizen's request for the relinquishment of lien rights, City Light weatherization loans, and the P.U.D. water contract. All of these items will be forwarded to the City Council at a future meeting for discussion. Councilman Braun attended a meeting pertinent to the Clallam Transit facility; the building is somewhat behind schedule. Also, he attended a meeting with the Port Director concerning the Oak Street property, as well as a meeting in Forks of the Clallam Transit Board. Councilman Schueler attended a meeting of the Government & Education Channel Advisory Committee, a group which has not met over the past several months. The committee considered the purchase of equipment to be placed at City Hall, to be paid for by funds required by the franchising ordinance. In addition, the committee reviewed draft procedures for those agencies accessing the channel. Councilman Schueler addressed the community network established by the State whereby members of the community are being asked to volunteer to be on a 23-person committee to address issues pertinent to youth child abuse and youth crime and how to deal with those types of problems. Councilman Schueler received a listing of applicants, and he sought the Council's assistance in making a selection no later than September 30. He will be a representative of the cities of Port Angeles, Sequim, and Forks in this effort. Additionally, Councilman Schueler is trying to develop a proper ordinance for tattoo parlors in view of current health hazards. Councilman Doyle attended the City picnic, as well as a meeting of the Olympic Air Pollution Control Authority. He reviewed a matter pertinent to a fmc levied against Simpson Timber and the consideration being given to granting a portion of the fine for educational purposes and a portion to offset the varions jurisdictions' dues for one year. Mayor Sargent attended a demonstration at the Technology and Training Institute of Port Gamble concerning a new type of harvesting system for the timber industry. Also, she attended a meeting of the Economic Development Council where discussion was held concerning the impact of the fishing closure. FINANCE: 1. Final acceptance and payment of 8th Street and Peabody Culvert Phase H Project 94.04 8th Street & Peabody Culvert Phase II Mayor Sargent reviewed the information provided by the Public Works Department. Project Councilman Ostrowski moved to accept the project, approve Change Order No. 1, and authorize final payment of $40,095.70 to Boone's Excavating, Inc., and authorize release of the total retainage $2,110.30 upon receipt of clearances from the Department of Revenue and the Deparh,ent of Labor & Industries. Councilman Braun seconded the motion, which carded unanimously. Screen Plant for 2. Consideration of purchase of screen plant for compost facility Compost Facility Mayor Sargent reviewed the information submitted by the Public Works Department. Councilman Doyle inquired as to the advantage of this screening plant as opposed to the barrel type, and Solid Waste Superintendent Jones responded the screening plant offers the added capability of being able to screen rock for use by other City departments. In response to an inquiry as to staff'mg levels, Superintendent Jones indicated it is not intended that any additional staffing will be needed. Councilman Ostrowski posed a question as to whether the composting efforts will continue beyond the closure of the landfill. Superintendent Jones noted the composting will, in fact, continue particularly because of its importance in relation to biosolids from the treatment plant and because the facility is in a building. Another added benefit will be the conveyor belts available to transport material which is other, vise loaded and transported by personnel. Public Works Director Pittis noted that composting will remain the highest priority for the screening plant. In addition, he indicated he has been contacted by a potential buyer for the finished compost. After further discussion, Councilman Ostrowski moved to direct the Public Works staff to proceed with the purchase of the screening plant for the quoted price of $70,000. Councilman Schueler seconded the motion, which carried unanimously. -2- 2850 September 20, 1994 CONSENT AGENDA: Councilman Braun moved to accept the Consent Agenda, including: (1) Voucher list - September 16, 1994 - $715,912.42 and (2) Payroll - September 11, 1994 - $344,579.27. Councilmember McKeown seconded the motion. Limited discussion followed, and a vote was taken on the motion, which carried unanimously. ITEMS FROM THE Mayor Sargent noted the significant public response to the surveys sent out on the AUDIENCE/COUNCIL matter of recycling. There have been approximately 2,000 responses to date, and STAFF TO BE the MaYor felt it would be advisable for staff to convene a meeting of the Recycle CONSIDERED OR Committee to address the public input. Discussion followed concerning negotiations PLACED ON A underway with Environmental Waste, as well as the issuance of RFPs for recycling. FUTURE AGENDA: The Council considered the timing involved and agreed by consensus that it is important to address and respond to the public input through a meeting of the · Recycle Committee. Acting Manager Pittis requested that the matter of the City Council's Goals & Objectives be placed on the agenda for brief discussion. This was added to the agenda as Item E.5. LEGISLATION: A. Public Hearings Public Hearings I. Amendment to Open Burning Ordinance Open Burning Ordinance Mayor Sargent reviewed the information provided by Fire Marshal Becket and opened the public hearing at 8:05 p.m. Fire Marshal Becket felt this issue to be particularly timely, in view of the City's efforts towards composting. He indicated he has received comments on both sides of the issue and noted the City has no choice in the matter, as the State will commence enforcement as of November 1, 1994. It is understood the public is accustomed to burning, but this is now an opportunity to encourage composting. Fire Marshal Becket recommended the matter be continued to October 18 with an effective date for the ordinance of November 1. Discussion ensued concerning how the State arrived at the figure of $8.50 per cubic yard and whether it was a reasonable figure for the Peninsula. Fire Marshal Becket responded that the figure was based on the experience factors in Thurston and King Counties. Members of the Council questioned the practicality of using this figure statewide, as a realistic figure for the Peninsula may well be less than that amount. In addition, exception was taken to the fact that statewide regulations are adopted based on problems being experienced in the larger metropolitan areas. It was felt to be unfair to make rural areas conform to regulatory processes when the problems don't even exist in many parts of the State. In response to a question from Councilman Ostrowski, Fire Marshal Becker indicated enforcement is the responsibility of the Olympic Air Pollution Control Authority. Fire Marshal Becket indicated that permits could be obtained from the Department of Natural Resources; however, Clallam County does not have a permitting process for burning. Therefore, a total ban would be in place for the County. There being no further testimony, Mayor Sargent closed the public hearing at 8:10 p.m. Councilman Braun moved to continue this matter to October 18 in order to give _. the citizens an opportunity to continue burning until that time. The motion was seconded by Councilman Schueler. Discussion followed concerning the possibility of adopting the ordinance this evening, with an effective date of November 1. Councilman Doyle was of the opinion that it may be better to not adopt this evening in order to give the public more time to be made aware of the new regulations. In addition, he was certain that it costs the City more than $8.50 to take yard debris to the Landfill. Councilman Schueler withdrew his second. In order to clarify the intent of the motion, Mayor Sargent indicated her understanding was that the Council would delay action on the ordinance until October 18 to give people a chance to continue burning the way they have been. Councilmember McKeown seconded the motion. Councilman Schueler felt the regulation to be somewhat arbitrary in that the State should recognize that circumstances here are significantly different than in the larger cities. In addition, Councilman Hulett queried as to whether the $8.50 figure can be varied, and Fire Marshal Becker indicated it cannot and further, the State is giving consideration to increasing the figure to $9.00. Councilman Doyle expressed dissatisfaction with being forced into this, and he pointed out that the referenced -3- 2851 CITY COUNCIL MEETING September 20, 1994 LEGISLATION: WAC was not made a part of the Council packet. Fire Marshal Becker assured the (Cont!d) Council members they would be given copies. Councilman Ostrowsld suggested that Councilman Doyle address this issue at the next meeting of the OAPCC. Open Burning Ordinance (Cont'd) After further discussion, a vote was taken on the motion, which carried unanimously. Councilman Schueler moved to reopen the public hearing and continue it to the October 18 meeting. The motion was seconded by Councilman Doyle and carried unanimously. The Council directed staff to publish a block ad on this continued hearing in order to encourage more public input. Further, staff was asked to research what would happen if the City opted not to adopt thc ordinance or seek an extension. Fire Chief Glenn noted the guidelines on this regulation apply to cities larger than 10,000 in population. Zoning Code Amendment 2. Zoning Code Amendment - ZCA 94(07)04 - City of Port Angeles, Various City of Port Angeles - Zoning Code Amendments: Proposal to amend the City°s zoning regulations Ordinance No. 2837 to allow microbreweries as a conditional use in the CBD and ACD Districts and as a permitted use in the LI zone; to create a minimum lot area for the M-2 Zone; and to specify the use of zoning lot covenants. (Continued from September 6, i994) Mayor Sargent noted this matter was addressed by the Council at its meeting of September 6 and, at that time, the Council asked the staff to draft two ordinances separating the items proposed for amendment. The public heating was continued to this evening, so Mayor Sargent reopened the public hearing at 8:30 p.m. Planning Director Collins distributed copies of findings and conclusions, as well as a staff report as to the consequences of the two ordinances. He reviewed the two ordinances, noting that one ordinance would adopt language as recommended by the Planning Commission, addressing the concern of existing houses built across property lines where there is a desire to add to the structure and those substandard lots where, if combined, would meet the zoning and subdivision requirements in order to become standard lots. The removal of the zoning lot covenant would result in unclear direction as to what authority the City would have to address those two problems. A third problem not resolved by the zoning lot covenant amendment is that of two substandard lots, if merged, which would still be substandard. In instances where there is sufficient area with-additional lots to meet the zoning and subdivision standards, the problem could be resolved through replatting. However, in instances where there is not sufficient area with additional lots, then a zoning lot covenant would be as appropriate as for the second problem. Director Collins advised the Council that the recommendation is for the Council to approve the zoning code amendments, as recommended by the Planning Commission, to include the zoning lot covenant. Should the Council wish to address the matter of two substandard lots being merged to create one substandard lot, Planning Director Collins offered language which could be added allowing zoning lot covenants for merging two or more substandard lots to create a single lot where there is not sufficient area in all adjoining vacant lots to meet the zoning and subdivision standards. To not adopt this particular ordinance would result in the matter needing to be resolved at some future time. John Ralston, P. O. Box 1405, was unsure as to the process due to the fact the Council just received information on the options which has not been made available to the public. His concern centered around his ownership of substandard lots which he would want to merge in order to build in the middle of the two lots. Mr. Ralston expressed a preference for the Council to stay out of this area of not allowing people to build on the middle of the property line. He was concerned with not having the opportunity to review new proposals. Th.ere being no further public testimony, Mayor Sargent closed the public hearing at 8:40 p.m. Discussion ensued concerning how Mr. Ralston's concerns would be resolved. Director Collins indicated this third problem would have to be addressed. Councilman Doyle felt the zoning lot covenant should not be considered in view of the possibility of future annexations involving substandard lots and the possible inability of property owners being able to build on those lots. Director Collins noted the Council could adopt the ordinance without the zoning lot covenant and direct staff to return with an ordinance addressing all of the zoning lot covenant issues. Lengthy discussion followed, and Mayor Sargent read the ordinance without the zoning lot covenant by title, entitled -4- 2852 September 20, 1994 LEGISLATION: ORDINANCE NO. 2837 (Cont'd) AN ORDINANCE of the City of Port Angeles Zoning Code Amendment ~' amending the zoning regulations to City of Port Angeles - allow microbreweries as a conditional Ordinance No. 2837 use in the CBD and ACD Districts and as (Cont'd) a permitted use in the LI District, and to create a minimum lot size for the M-2 District, and amending Ordinance 1709, as amended, and Chapters 17.26, 17.28, 17.32 and 17.34 of the Port Angeles Municipal Code. Councilman Doyle moved to adopt the Ordinance as read by title, citing _ Findings 1 - 6 and Conclusions A - C, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. The motion was seconded by Councilman Braun. At this time, Councilman Schueler advised the Council that he could not be party to any decisions concerning the microbrewery due to possible conflict of interest or appearance of fairness. His son is a partner in the business, and Councilman Schueler felt he should not be voting on the matter. A vote was taken on the motion and carried by a majority vote, with Councilman Schueler abstaining. Councilman Hulett moved to direct staff to present a zoning code amendment through a public hearing before the Planning Commission and then the City Council which would address the zoning lot covenant, including the situation discussed concerning the combination of two substandard lots into one substandard lot. The motion was seconded by Councilman Ostrowski and carried by a majority vote, with Councilman Doyle voting in opposition. Although not a public hearing, Mayor Sargent requested that agenda Item E. 1. be addressed next. Impact of Fishing Impact of Fishing Closure Closure Mayor Sargent reported that she had previously testified at a heating of the National Oceanic and Atmospheric Administration, at which time she presented the Council's concerns with the fishing closure. When NOAA's findings were released, the Council's concerns had not been addressed. The City Manager prepared a draft letter for the Mayor's signature to be sent to the National Marine Fisheries Service further expressing the Council's concerns. This letter would be in addition to one to also be sent by Bart Phillips, Executive Director of the Economic Development Council. Mr. Phillips indicated NOAA has released its proposed plan for addressing the fishing disaster in Washington, California, and Oregon, as well as the disbursement of $13 Million in funds. Clallam and Jefferson Counties were successful in obtaining some tourism funding to be used towards expanding the shoulder season. The EDC's comments to NOAA were directed to the means of using the $13 Million to address the needs of the community. The EDC stressed the need to help secondary businesses, such as resorts and charter operations, and to provide assistance to local government due to downsizing of revenues because of the closure. The EDC also felt that if a vessel permit buy back program were instituted, it should be directed to the recreational and charter boat industries, both of which were tremendously hard hit in this specific area. In the response from NOAA and the proposed role-making, the EDC's recommendations were not accommodated. Therefore, the EDC is now attempting to echo its previous comments and make a case, particularly since it appears there has been a misinterpretation of the crisis. NOAA seems to have concluded that the crisis predominantly involves the commercial fishing industry. Mr. Phillips explained the focus of funding to be provided, much of which does nothing to address the need on the Peninsula. The EDC noted that it appears there is a short-time response to a chronic problem. It is important to reiterate our case. Councilman Braun suggested that language be added to the letter proposing that an area other than Area 6 be closed in 1995. After further discussion, Councilman Braun moved to send the proposed letter, incorporating language about changing the area of closure. The motion was seconded by Councilman Hulett. In the ensuing discussion, the question was raised as to how the decision was reached on which area would be closed and, therefore, if the Council should support a change in the area closed in 1995. Acting Manager Pittis suggested the addition of language to the letter where the City would encourage consideration of varying the location 2853 CITY COUNCIL MEETING September 20, 1994 LEGISLATION: of fishing closures if they are to be implemented in the future. This would prove to (Cont'd) be helpful' in distributing the economic impacts over a wider base. The Council supported this suggestion, and a vote was taken on the motion, which carried Impact of Fishing unanimously. Closure (Cont'd) Break The Mayor recessed the meeting for a break at 9:10 p.m. The meeting reconvened at 9:25 p.m. Upon returning from the break, Mayor Sargent indicated discussions had been held with staff, and it was agreed that copies of the Mayor's letter would be sent to the City's legislators, the State Fish & Wildlife Department, as well as the Pacific Fisheries Management Council. Shoreline Master 3. Draft Shoreline Master Program Program Mayor Sargent reviewed the information provided by the Planning Department and opened the public hearing at 9:27 p.m. Chris Muir, 214 W. 2nd Street, addressed the Council as the spokesperson for the concerned property owners on West Second Street. Mr. Muir referenced a statement and addendum he had submitted to the City Council and clarified that the property owners weren't trying to prohibit development in any ~vay or restrict zoning. They were simply trying to make it easier for the Council to support their request because, by referring to the Central Business District, the industrial won't be included. Quite candidly, Mr. Muir expressed the concern of the neighborhood as being the Oak Street property and the neod to protect the scenic view corridors. The neighborhood wishes to create and protect the ambiance of the City, once identified and planned. Mr. Muir referenced the State Shoreline Management Act and asked that a height limitation of 35 feet be incorporated into the City's Shoreline Master Program. He specifically noted concern with Port negotiations taking place with Shiloh Inns, as it is their intent to build beyond the 35 foot height. Councilman Braun inquired of Public Works Director Pittis as to how high a structure on the Oak Street property could be in view of the fact it will be placed on fill. Director Pittis indicated there would be a nell for a designed foundation for anything over two stories. Barry Berezowsky, 316 W. 12th Street, Executive Director of the Port Angeles Downtown Association, reminded the Council that a number of years ago, the City, Port, the EDC, and the Downtown Association embarked on a very long and difficult struggle to change the inner harbor line to allow the Oak Street property to be developed commercially. That property came into the CBD and was governed under development regulations per the Port Angeles Zoning Code, to include a height limitation of 45 feet. Mr. Berezowsky felt Mr. Muir's comments to be targeting a specific project within the CBD, that being the potential development of a hotel convention center on the Oak Street property. The Downtown Association has been advised that the Port is negotiating with potential developers; however, there is no specific proposal toward which comments should be directed at this time. Mr. Berezowsky expressed concern with the possibility of a potential cover-up of a spot zone when, in fact, the neighborhood is targeting a specific project. Mr. Berezowsky advised the Council that he represented over 190 business owners and 1,200 employees, all supportive of this project moving forward. It is believed such a project would be beneficial to downtown, the City, and the County. He asked the Council to deal with the Shoreline Management Program as recommended by the Planning Commission. If there is any contemplation of changing height requirements downtown, he felt it should be dealt with by amending the Zoning Code. Paul Cronauer, 728 Milwaukee Drive, noted he just obtained the Shoreline document this afternoon. Referencing specific portions of the document, Mr. Cronauer sought clarification pertinent to such matters as to whether a restaurant complex over or adjacent to the water would be allowed. Planning Director Collins responded by noting the intent is not to eliminate the convention center type of public use. Concerning the 200-foot setback from the high tide, Mr. Cronauer noted there are many businesses in that zone, and it appears the goals/directive include that specific area. Director Collins felt there are goals for development of the shorelines of the State which includes the 200 feet. Mr. Cronauer inquired as to whether, in the downtown area and the harbor to the east, a Skipper's or Fish 'N Chips outlet would be allowed in the 200 foot area. Director Collins indicated that restaurants are considered as if they are providing public access or a water enjoyment type of activity. Hotel activity is a different issue. Discussion followed concerning the permitting process that would be involved, particularly for those businesses undergoing a substantial change in excess of $2,500. Further west and also pertinent to the 200 foot area, Mr. Cronauer referenced single family dwellings. Would such -6- 2854 September 20, 1994 LEGISLATION: dwellings be included? Director Collins felt there are still exemptions in place for (Cont'd) single family residences, but Mr. Cronauer noted the absence of this type of exemption in the City's document. Director Collins indicated the WACs would Shoreline Master apply in this~instance. Mr, Cronauer referenced the matter of environmentally Program (Cont'd) sensitive areas, and he inquired as to how "sensitive" is del'med. Director Collins directed Mr. Cronauer's attention to the introductory paragraph, as well as the glossary for the definition. Mr. Cronauer then addressed the matter of public vs. private facilities and queried as to whether a privately built marina would be considered a public access area. Director Collins responded affirmatively, noting the references in the document are directed more toward boating facilities. The final determination would be based on how such a marine is operated. Jack Glaubert, East Sequim Bay, was a committee member and is a property owner on the harbor of Port Angeles.. Mr. Glaubert, having been involved in this process in its entirety, expressed how overwhelmed he is with the document. Were he in the Council's position, he indicated he would not be giving approval. Mr. Glanbert referenced the administration POrtion of the document and how the preference had been expressed to keep the administration at a local level as opPOsed to statewide administration. He inquired as to the status of that consideration, and Planning Director Collins indicated this was a part of Chapter 8, which has been removed at the recommendation of the Planning Commission. It is intended that Chapter 8 will be adopted separately, so that the administrative process would not be subject to the State's review each time the permitting process may be amended. Director Collins noted the City is still required to meet the administrative requirements of the WACs, so local adoption will not change how the State views the process. In response to a question from Mr. Glanbert concerning 'the Planning Commission recommendations, Director Collins referenced the staff memo of September 14 and the Planning Commission minu~s which delineate several items to be incorporated into the Shoreline Master Plan. Mr. Glaubert expressed dissatisfaction with the process and the document; he felt the Plan needed more work before being considered for adoption. Director Collins advised the Council that a letter with thirty-one comments was received from the Department of Natural Resources just yesterday, and a staff resPOnse was written and just distributed to the Council members. These responses are similar to those made in response to comments from Public Works and the Fire Department. The comments from DNR should be treated the same as any public testimony received. Chris Muir, 214 E. 2nd Street, returned to the podium and acknowledged that the concerned citizens have made no qualms about their interest in the Oak Street property. They didn't want to come before the Council under a false pretense, and Mr. Muir indicated all citizens should be giving thought to what the shoreline will be like in the future. In that process, it is felt there should be a limitation put in place, at least until the study is done. He POinted out that the shoreline advisory committee members mainly represent business, and consideration might well be given to the makeup of the committee. There being no further testimony, Mayor Sargent closed the public hearing at 10:10 p.m. The members of the Council expressed the need to have time for further study and discussion concerning the proPOsed Shoreline Master Program, particularly in view of the additional materials just distributed this evening. After further discussion, the Council agreed by consensus to not make a decision this evening and to conduct a work session on the Shoreline Master Program on Tuesday, October 11, 1994, at 5:00 p.m. B. Ordinances not requiring public hearings: None. Grant Application for C. Resolutions not requiring public hearings Study of a Marine Lab - Resolution No. 14-94 Resolution authorizing submission of a grant application for the study of a Marine Lab Mayor Sargent reviewed the information provided by the Public Works Department and read the Resolution by title, entitled RESOLUTION NO. 14-94 A RESOLUTION of the City Council of the City of Port Angeles authorizing 2855 CITY COUNCIL MEETING September 20, 1994 LEGISLATION: submission of a Community Economic (Cont'd) Revitalization Board (CERB) Timber Grant application for expansion of the Grant Application for Arthur D. Feiro Marine Laboratory. Study of a Marine Lab - Resolution No. 14-94 Councilman Ostrowski moved to pass the Resolution as read by title and to (Cont'd) support the application with $4,000 in City matching funds~ Councilman Braun seconded the motion. Dr. Pete Schroeder, 620 W. Anderson Road, Sequim, was present as the interim coordinator of this project. He encouraged the Council's support of this effort, as the Marine Lab meets many of the Peninsula's needs by serving as an educational resource as well as a tourist attraction. In the ensuing discussion, Councilman Doyle advised the Council that Dr. Shroeder had discussed this proposal with the Capital Facilities Committee, at which time he was urged to seek the matching funds from other sources. The list of matching fund participants was a result of Dr. Schroeder's efforts. After further limited discussion, a vote was taken on the motion which carried unanimously. Councilman Braun moved to continue the meeting past 10:00 p.m. The motion was seconded by Councilman Schueler and carried unanimously. D. Planning Commission Minutes/Action Items: None. Permit Fees for Fire E. Other Considerations Department Inspections - Ordinance No. 2838 1. Modifying permit fees for required Fire Department inspections Mayor Sargent reviewed the information provided by the Fire Department. She read the Ordinance~ by title, entitled ORDINANCE NO. 2838 AN ORDINANCE of the City of Port Angeles, Washington, establishing fees for fire code inspections and amending Ordinance 2552 and Chapter 14.21 of the Port Angeles Municipal Code. Councilman Braun moved to adopt the Ordinance as read by title. Councilmember McKeown seconded the motion. After limited discussion, a vote was taken on the motion, which carried unanimously. Appointment to 2. Appointment to Planning Commission Planning Commission Mayor Sargent asked that Clerk Upton conduct a roll call vote to fill the vacancy on the Planning Commission. Councilman Doyle cast a ballot for Mary Craver. Councilman Schueler cast a ballot for Julie Bondy. Mayor Sargent and Councilmembers Braun, Hulett, Ostrowski, and McKeown cast ballots for Bob King who was, therefore, appointed to the Planning Commission. Recognition on Public 3. Recognition on public buildings Buildings The Council had previously addressed the matter of recognition on public buildings and, at this time, a lengthy discussion was held as to whether the current Council should be listed at the time of building dedication or if the names of past Council members should also be included. Individual Council members expressed their personal opinions and after lengthy discussion, former Councilman Richard Wight was asked if he had any comments. Mr. Wight indicated there are certain things on which you reflect and look back on; his contribution to this City cost him something, and he hoped it wouldn't be overlooked. Councilman Braun moved that the names of the present Council be listed, plus the names of the past Council members who were involved with those projects, with the years included. Councilman Hulett seconded the motion. The merits of the motion were discussed in detail, as well as which former Council would be included by this motion. Councilman Schueler offered a friendly amendment to the motion that the current Council, at a dedication, and the last Council previous to that Council, having been involved, be the ones to be placed on dedication plaques, as a matter of policy. Councilman Braun expressed a preference at having his original motion stand. A vote was then taken on the -8- 2856 September 20, 1994 LEGISLATION: motion with Councilmembers McKeown, Braun, and Hulett voting in favor and (Cont'd) Mayor Sargent and Counciimembers Doyle and Ostrowski voting in opposition. Councilman Schueler did not cast a vote, and upon clarification from Asst. City Recognition on Public Attorney Diekson and based on the Council's Rules of Procedure, if a Buildings (Cont'd) Councilmember does not vote when such vote is required, such member shall be determined to have voted "yes" at the time the vote is taken. The motion, therefore, passed. Councilman Schueler moved to reconsider. Councilman Ostrowski seconded the motion, which carded by a majority vote, with Mayor Sargent and Councilmembers Doyle, Schueler, and Ostrowski voting in favor and Councilmembers Braun, Hulett, and McKeown voting in opposition. Councilman Schueler clarified his interpretation of the upcoming vote in that it is to include all Councils that have had anything to do with two building constructions, nothing prior and nothing since. This was agreed to by the Council, and a vote was taken on the motion. The motion failed, with Councilmembers Braun, Hulett, and McKeown voting in favor and Mayor Sargent and Councilmembers Doyle, Schueler, and Ostrowski voting in opposition. Councilman Doyle moved to establish a policy that any public building in Port Angeles that gets dedicated will be so dedicated to the citizens of Port Angeles, listing the current City Council at the time, with the idea they are accepting the building for the citizens of Port Angeles. Councilman Hulett seconded the motion. A vote was taken on the motion, which carried by a majority vote, with Mayor Sargent and Councilmembers Doyle, Hulett, Ostrowski, and Schueler voting in favor and Councilmembers Braun and McKeown voting in opposition. Council Goals & 4. Council Goals & Objectives Objectives Acting Manager Pittis reminded the Council of the retreat scheduled for Monday, October 3, 1994, at 8:00 a.m. at Olympic Lodge to work on the Council's Goals & Objectives. He referenced the delineation of Goals & Objectives just distributed to the Council members for their review in preparing for the retreat. Break Mayor Sargent recessed the meeting for a break at 11:15 p.m. The meeting reconvened at 11:20 p.m. ADJOURN TO The meeting was adjourned to Executive Session at 11:20 p.m. to discuss litigation EXECUTIVE SESSION: and claims for approximately fifteen minutes. RETURN TO OPEN The meeting returned to open session at i1:50 p.m. SESSION: ADJOURNMENT: The meeting was adjourned at 11:50 p.m. -9- 2857 Exhibit "A" ZONING CODE AMENDMENT - ZCA 94(07)04 - CITY OF PORT ANGELES Findings: 1. The Comprehensive Plan has been reviewed with respect to the proposals. The following goals and policies have been identifies as being most relevant to the amendments: Land Use Element Goals B, D, F, G & H and Policies D.1 and F.1; Transportation Element Policies B. 11 & B. 18; Utilities and Public Services Element Policy No. D. 1; Capital Facilities Element Goal B and Policy A.9; and Economic Development Element Goal A and Policies A.4 & A.6. 2. The Light Industrial Zone allows for industrial uses which "typically involve the manufacture of finished products from pre-fabricated materials, product wholesaling, and material storage." 3. A purpose of the Central Business District it to strengthen and preserve the area commonly known as the Downtown for major retail,service, financial and commercial operations that serve the entire community, the regional market, and tourists. 4. The purpose of the Arterial Commercial District is to create and preserve areas for business serving the entire City that need an arterial location because of the nature of the business or intensity of traffic generated. 5. Nearly all zone districts have minimum lot areas to encourage orderly subdivision and subsequent development and to ensure adequate lot size to support permitted uses. The predominant minimum lot size in the various zone districts is 7,000 square feet. 6. A Determination of Non-Significance was issued for the proposal on June 24, 1994. Conclusions: A. The Zoning Code Amendments are in the public use and interest. B. The Zoning Code Amendments are consistent with the Comprehensive Plan Goals and Policies, specifically those found in Finding No. 1. _ C. The Zoning Code Amendments are consistent with the intent of Chapter 17.26, 17.28 17.32 and 17.34 of the Port Angeles Municipal Code. Adopted by the Port Angeles City Council at its meeting of September 20, 1994. K. Sargent, Ma~o~ XTTEST: ~B~ec~. Uptont,-C]ty Cl~rk