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HomeMy WebLinkAboutMinutes 10/15/1991 2105 CITY COUNCIL blEETING Port Angeles, Washington October 15, 1991 CALL TO ORDER - Mayor Sargent called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:00 p.m. ROLL CALL: Members Present: Mayor Sargent, Councilmen Comell, Hallett, Lemon (arrived at 6:25 p.m.), Nieholson and Ostrowski. Members Absent: Councilman Wight. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, S. Brodhun, M. Cleland, B. Collins, L. Glenn, K. Godbey, J. Pittis, B. Titus, B. Coons, J. Mahlum and G. Kenworthy. Public Present: G. Braun, O. & B. Cunningham, D. Lind, K. & M. Sorenson, D. Van Scoyk, F. Norton, J. & K. Abram, B. White, G. Casady, D. Vautier, C. Ritchie, S. Reberg, R. Linkletter, F. & D. Conrad, L. Beil, G. & R. Thomson, B. Haselton, D. Somers, J. Bell, L. Wright, R. Dotson, D. Kott, P. Cramer, Z. Sutton, M. Fisher, L. Colby, J. Crumb, E. Veltkamp, G. Pettet, and S. W. Jaynes. ADJOURN TO Mayor Sargent adjourned the meeting to Executive Session at 6:01 p.m. to discuss EXECUTIVE SESSION: matters of personnel and litigation for approximately one-half hour to forty-five minutes. RETURN TO OPEN The meeting returned to open session at 6:52 p.m. SESSION: CALL TO ORDER - Mayor Sargent called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:00 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Amber Pittis' Camp Fire group. ALLEGIANCE: Members present: Courtney Pittis, Carrie Brown, Meghan Peacock, Erin Christensen, and Jennifer Hicks. At this time, Mayor Sargent introduced Mr. & Mrs. Glenn Rice. Mr. Rice is Manager of Administration and Finance from South Melbourne, Victoria, Australia, and is visiting Port Angeles as part of the City Manager Exchange Program. Mr. Rice addressed Council and expressed his appreciation for having the opportunity to visit Port Angeles. He presented the Mayor with a lapel pin and a pen from South Melbourne. APPROVAL OF Councilman Itallett moved to approve the minutes of the regular meeting of MINUTES: September 17, 1991. The motion was seconded by Councilman Lemon and carried by a majority vote, with Councilman Lemon abstaining due to absence from that meeting. Councilman Hallett moved to approve the minutes of the regular meeting of October 1, 1991. The motion was seconded by Councilman Lemon and carried by a majority vote, with Councilmen Ostrowski and Nicholson abstaining due to absence from that meeting. Councilman Hallett moved to approve the minutes of the special meeting of October 8, 1991. The motion was seconded by Councilman Lemon and carried unanimously. -1- 2106 CITY COUNCIL MEETING October 15, 1991 CEREMONIAL 1. Proclamation recognizing Aids Awareness Day on October 19, 1991 MATTERS/ PROCLAMATIONS: At the Mayor's request, Councilman Nicholson, who is serving as Honorary Chairman of the 'Walk Against Aids', read the proclamation proclaiming Aids Awareness Day on October 19, 1991. 2. Proclamation recognizing Red Ribbon Week from October 19 through October 27, 1991 Mayor Sargent read a proclamation proclaiming Red Ribbon Week from october 19 through October 27, 1991. She encouraged citizen participation in drug prevention activities. FINANCE: 1. Progress payment #1 to Bruch & Bruch for Library parking lot Progress Payment- Councilman Ostrowski moved to approve progress payment #1 to Bruch & Bmeh& Brach Brueh for the Library parking lot in the amount of $16,122.62, with $784.17 to retainage, which includes an emergency change order for tank removal. The motion was seconded by Councilman Corneil. In response to an inquiry from Councilman Hallett, Public Works Director Pittis explained the nature of the force account. Further, two of the tanks have been removed and five remain. The remaining tanks contain fuel and there is a 30-day waiting period before removal can be accomplished. Soil tests will determine the extent of contamination on the site and a determination can then be made as to how much material must be removed. A vote was taken on the motion, which carried unanimously. Landfill Bluff 2. Landfill bluff erosion construction, Change Order No. 5 Erosion Construction Mayor Sargent reviewed information pertinent to the landfill bluff erosion construction. Throe areas were identified as needing correction: the western landslide, Notch 2 and Notch 1. This construction change order addresses correction of the highest priority item, which is the western slide. It requires Council approval since the costs exceed the project's budgeted funding and is of an emergent nature due to forthcoming winter weather. Public Works Director Pittis advised Council that negotiations are underway with R. W. Beck as to their involvement in this endeavor. Councilman Ostrowski moved to approve proceeding with bluff protection measures outlined by Change Order No. 5, at an estimated cost of $79,000.00. The motion was seconded by Councilman Nicholson. In response to an inquiry from Councilman Hallett, Director Pittis explained the nature of the negotiations with R. W. Beck and the design that exposed less slope to the rains. During construction, the area was flattened and the City believes R. W. Beck shares in the responsibility with the City. Work on the bluff protection measures will start right away. A vote was taken on the motion which carried unanimously. Bids for Light 3. Consideration of bids for City Light manlifl truck Department Manlifl Earlier in the year, the City received a cab and chassis upon which an aerial manlifl apparatus was to be installed using a separate equipment purchase. Seven bids were received and opened on September 24, 1991. Councilman Nicholson moved to award the aerial manlift equipment bid to Air Tech Equipment, Inc., of Vancouver, Washington, in the amount of $23,482.62 and $286.00 for the hydraulic tool option, plus tax on the option. The motion was seconded by Councilman Ostrowski. Director Pittis noted City Light is contributing $18,000.00 toward the manlifl; the remainder will be paid through Equipment Services. A vote was taken on the motion, which carried unanimously. CITY COUNCIL Councilman Hallett requested that a discussion concerning the Utility Advisory COMMITTEE Committee be held. The matter was added to the agenda as Legislation Item E.7. REPORTS: -2- 2107 CITY COUNCIL ~G October 15, 1991 CONSENT AGENDA: Councilman Cornell moved to approve the Consent Agenda, including: (1) Request authorization to advertise for construction of Secondary Wastewater Treatment Plant and request for proposals for sludge hauling and disposal; (2) Authorize City Manager or his designee to sign auction/surplus sale documents; (3) Correspondence from Washington State Liquor Control Board; (4) Travel request exceeding $500.00 for Mark Shamp to Coeur d'Alene; (5) Concept Administrators - Health Claims for August of $52,796.79 and September of $$0,604.01; (6) Vouchers of $2,037,920.18; and (7) Payroll of 9/29/91 of $285,733.69. The motion was seconded by Councilman Lemon. Brief discussion was held concerning the bid solicitation for the Secondary Wastewater Treatment Plant and the possibility of using local labor. Public Works Director Pittis explained there are certain restrictions because of the nature of the Federal requirements; however, local labor can be hired by the main contractor selected to do the construction. Further, he advised Council there could be four separate contracts: construction, surveying, sludge hauling and disposal. City Manager Pomeranz noted the staff is investigating management alternatives, to include privatization. A vote was taken on the motion, which carried unanimously. ITEMS FROM Tm*~ Brad Collins, Phmning Director, informed Council that the Housing Needs Study AUDIENCE/COUNCIL/ Task Force has completed a housing needs study supported by the Clallam/Jefferson STAFF TO BE Community Action Council, various public agencies and private institutions. He CONSIDERED OR suggested placing the item on the November 5 Council agenda so that a report on the PLACED ON A study results can be submitted to Council. The City was one of the major FUTURE AGENDA: contributors to this study. Leonard Beil, 3721 Park Knoll and a member of the Medic 1 Advisory Board, addressed Council in support of Referendum 42 having to do with Enhanced 9-1-1. He suggested the possibility of Council passing a resolution in support of Enhanced 9-1-1; however, Attorney Knutson noted Council had already passed such a resolution. A gentleman, choosing not to identify himself, spoke about Enhanced 9-1-1 and indicated he felt the County 9-1-1 system is quite sufficient and that an enhanced system is not necessary. Councilman Ostrowski requested that a resolution in support of the Historical Society's efforts to purchase and preserve the Lincoln School be added to the agenda. This was added as Legislation Item No. C.3. Councilman Lemon asked that a discussion concerning parking on Caroline Street and in the hospital vicinity be added to the agenda. This item was added as Legislation Item No. E. 8. LEGISLATION: Resolution recognizing the adverse impacts and inequities of Initiative 559 Resolution - Mayor Sargent asked that consideration be given to this resolution at this time due Initiative 559 - to the attendance of the County Assessor, Bruce Erlwein. She noted that the Resolution No. 36-91 Association of Washington Cities has requested that a resolution be passed in opposition to Initiative 559, which would effect a property tax rollback to 1985 levels. Mr. Erlwein reviewed for Council the various impacts which could be realized should the Initiative be successful. Costs to implement the measure could be significant and revenues could probably not be collected for a minimum of six months during which time the Assessor' s Office would be involved in implementation efforts. He explained that substantial tax inequities could result and tax burdens would be increased for lesser value homes and homes not experiencing high rates of appreciation. Further, passage of the Initiative could force local levies to statutory maximums and would also threaten the provision of services by municipal governments. After further discussion, Mayor Sargent read the Resolution by title, entitled RESOLUTION NO. 36-91 A RESOLUTION of the City Council of the City of Port Angeles, Washington recognizing the adverse impacts and inequities of Initiative 559 and therefore opposing it. -3- 2108 CITY COUNCIL MEETING October 15, 1991 LEGISLATION: Councilman Cornell moved to pass the Resolution as read by rifle. The morion (Cont'd) was seconded by Coundlman Hailett. The suggestion was made that the League of Women Voters be contacted to determine if a forum on Initiative 559 could be Resolution - conducted; it would be advantageous for the citizens to be provided with as much Initiative 559- information as possible. A vote was taken on the motion, which carried Resolution No. 36-91 unanimously. Public Hearings A. Public Hearings Third & Fourth 1. Third & Fourth Street LID Street LID Mayor Sargent reviewed information pertinent to a petition for improvements of Third and Fourth Streets, west of Golf Course Road, as submitted by Rick Anderson, LBR Construction, owner of 15 lots which are being subdivided into 10 lots. Mayor Sargent opened the public hearing at 8:09 p.m. Public Works Director Pittis advised Council that the LID involves construction of curbs, gutters and pavement with ten to eleven property owners and the City sharing the cost. However, the eight negative votes submitted by the property owners represent 87% of the assessed value being negative to the LID. It was, therefore, the recommendation of the Public Works Department that the LID not be pursued. Discussion ensued about the LID process and City Attorney Knutson offered clarification in that if the Council were to adopt the ordinance, the LID could be stopped if a protest is received from the owners of the properties having to pay for 60 % or more of the improvements. The restraint by protest is not based on assessed valuation. The City Engineer's input establishes the figure for properties to pay for the LID as 56% in favor at this point. Councilman Hallett noted the existing confusion and requested that a report be provided at the next Council meeting concerning the LID process, with the hope of attaining consistency in all LIDs. Based on Attorney Knutson's input, Council opted to proceed with the public hearing. Craig Ritchie, Attorney representing the opposing property owners, distributed a letter to the City Council and requested, upon completion of the public hearing, that a vote be taken to deny the LID. Oz Cunningham, 1825 E. 3rd, advised Council he felt the process was flawed and clarification should be obtained. In addition, Mr. Cunningham indicated the property owners should be provided notice of an LID petition much sooner. Rick Anderson, Viewridge//19, indicated he had originated the petition for the LID. He also felt confused by the LID process and noted a lack of consistency. Mr. Anderson indicated he may not have initiated the process if he had been aware of how the calculations were made. He urged Council to seek clarification. Gordon Thomson, 1813 E. 3rd, noted the neighborhood had nothing against the development itself; however, the group believes the City saw an opportunity to have the streets developed and pursued the matter inappropriately. Fred Norton, Lancaster, California, who owns a home at 1807 E. 3rd, appreciated Director Pittis speaking up at this time. Mr. Norton urged Council to vote against the LID; he indicated he was not aware of this until one month ago, a matter to which he took exception. Joe Abram, 1803 E. 4th, commented that, if there is any way the City can help Mr. Anderson with his development, he would hope something could be done. He agreed the process should be reviewed. The public hearing was closed at 8:26 p.m. Councilman Comell asked about the torn up street that one of the property owners had complained of and requested clarification as to whether LBR Construction had been required to upgrade Third and Fourth Streets to City standards. Planning Director Collins indicated the property had been replatted and it would have been customary, at that time, for the City to require an upgrade of the streets to City standards. Choosing not to rely on recollection, he indicated he would provide an answer on this matter to Council at the next meeting. Attorney Knutson advised Council the street was torn up during work on the project and has since been 2109 crrY COUNCIL MEETING :~ .' ~ ~.. ~. · ~. October 15, 1991 LEGISLATION: repaired at the developer's cost. Regarding the replat, the Planning Commission had (Cont'd) required the streets to be upgraded, but the LID would not necessarily waive the condition that the streets be improved. Rather, the LID would be a way of spreading Third & Fourth the cost of the improvements required. Street LID After further discussion, Councilman Cornell moved to deny the formation of the Third and Fourth Street LID. The motion was seconded by Councilman Nicholson and carried unanimously. Appeals of 2. Appeals of Conditional Use Permit - CUP 91 (09)16 - Port Angeles Conditional Use High School: Appeals (3) of a conditional use permit to allow Permit tennis courts and related parking facilities in a residential single- family district. Mayor Sargent opened the public hearing at 8:30 p.m. Planning Director Collins distributed copies of a letter submitted by Virginia Leinart, 3002 South Peabody, speaking to the issue of the appeals. Dave Lasorsa, 2715 Peabody Street, expressed concern with the intrusion of lighted tennis courts on the neighborhood. He circulated photographs for Council to view showing Erickson Field and the impact of lighted tennis courts on that immediate neighborhood. In addition, Mr. Lasorsa questioned the need for lighting the courts and was concerned with the potential for increased traffic and noise. He expressed the opinion that the current tennis courts in town should be upgraded instead of spending money to build new courts. He offered the alternative of cost sharing with Peninsula College to make nighttime tennis available. Mr. Lasorsa acknowledged the School District's efforts to address drainage concerns and asked for written assurance that the school band would not be using the parking lots for practice. Mr. Lasorsa further addressed concerns about the blockage of views, the SEPA process, the lack of public notice to the area residents and the lack of public involvement in the project. He asked that Council deny the Conditional Use Permit. Louise Colby, 516 So. "A" Street, offered support of the tennis court project, noting it is a good sport for youth. She felt there should not be a noticeable increase in noise or traffic. However, Ms. Colby was not in favor of how the permit process was handled; people felt they were not being considered before action was taken. Councilman Cornell pointed out that a permit had not, in fact, been issued as of yet. In addition, Councilman Nicholson noted that the only work accomplished thus far involved grading which does not presently require a permit. Helene Phifer, 330 Vashon, felt the construction of the tennis courts serves as an attack on her environment. Further, every extra education dollar might more appropriately be spent on student classrooms or hiring more teachers. Ms. Phifer compared the American education system to that in Europe and she encouraged education leaders to focus on upgrading education instead of tennis courts. She further expressed concern with increased traffic and noise. Patrick Cramer, 1158 Dan Kelly Rd., supported the views of Ms. Phifer on education. Jean Irvine, 917 Strait View Drive and President of the Peninsula Tennis Association, reviewed the Association's efforts to obtain more tennis courts over the past ten years. She noted that tennis is a lifetime sport, one that is enjoyed by youth and adults alike. In addition, it provides an alternative activity for the youth of the community. She commended the City and the School District for working together in such an endeavor. The Association sponsors a scholarship tournament each year and the lack of courts makes such a tournament extremely difficult. Robert G. Linkletter, R. G. Linkletter & Associates, representing the School District, addressed Council by reviewing past discussions and the joint commitment made by the City and the School District to this project. He felt the School District has been as sensitive as possible and has mitigated any intrusions on the neighborhood as much as possible. Mr. Linldetter reviewed the history of the project, the bidding process, the CUP process and the various permits required. He responded to Mr. Lasorsa's commentaries, as well as to various questions submitted by Councilmembers. He offered input in that the lights are intended to light the tennis court surface only. In addition, the light standards were not discussed in the SEPA report because they are considered utilities and not structures. Because it is felt the lights will inherently attract people to the area, various youth were questioned as to whether they would use the High School area as a *hang out" and the answer -5- 2110 CITY COUNCIL MEETING October 15, 1991 LEGISLATION: was in the negative. (Cont'd) Mr. Linldetter continued by addressing the noise and traffic concerns. With the Appeals of cooperation of the School District, the Police Department and the neighborhood, he Conditional Use felt these impacts can be mitigated as much as possible. The lighting system will be Permit controlled by a timer, which demonstrates the sensitivity of the School District. Concerning the parking issues, it has been felt the parking needed to be increased because of the community usage of the High School facilities. This will, hopefully, result in less on-street parking. The drainage issue has been addressed in detail by the School District, via consulting from Polaris Engineering. Mr. Linkletter explained the details of the drainage process to be incorporated. Mr. Linkletter responded to an inquiry from the Mayor by stating the lighting to be utilized will not be flood lights, but rather will be the type to light the tennis court surface only. In addition, according to Terry Heindl, it is not intended at this time that the band will practice in the parking lots; however, this cannot be a permanent commitment. The hours for the tennis courts are 7:00 a.m. - 9:00 p.m. The parking lots would be lighted continuously. Terry Heindl then reviewed a drawing of the proposed parking areas which also showed the drainage plan. James Shelton, 1224 E. 3rd, felt the issue of lighting to be most important and indicated it should be available at least until 10:00 p.m. He felt the impact on the neighborhood would be extremely minimal. He asked that Council deny the appeals. Steve Rogers, Principal of Port Angeles High School, advised Council that the High School is making every effort to be a good neighbor. Parking lots have been paved to decrease the amount of dust, a matter which has been considered a high priority because of the community usage of the school facilities. The parking lot in question will be used for staff and not students. The completion of this project should result in less traffic on Peabody Street, as student traffic patterns have been changed. The High School has not experienced any major vandalism in the area. Mr. Rogers indicated the tennis courts will be used as a physical education activity. Leonard Bell, 3721 Park Knoll, a member of the Parks & Recreation Commission and former Vice Principal of Port Angeles High School, made some observations in that most evening student activities have been spread throughout the community as opposed to being held at the High School campus. Mr. Beil cited specific examples of the number of student events held at various lighted public fields. He indicated it would be appropriate for the High School area to be impacted similar to other areas throughout the community. Jeff Crumb, 427 E. Park, expressed the opinion that noise would be of low impact. Further, most City residents cannot control the fact that views have been blocked, and he felt the residents would be fortunate to only have a light standard to contend with. Mr. Crumb indicated traffic would be easier to control in an off-street setting as opposed to on-street parking. He revealed his desire to have the band practices taking place at the High School as it is part of the neighborhood charm. Earle Irvine, 1005 E. 9th, has worked with youth and served as a coach over the years and indicated there is a need to enhance youth activities, especially in the evenings. Additionally, he previously resided across the street from the City tennis courts at Erickson and found the lights to be no problem. Richard Kott, 2077 Sutter Rd., endorsed proceeding with the tennis courts as it is a lifetime sport with a synergistic effect. He encouraged the commitment to providing adequate tournament facilities. Mr. Kott referenced the decision of Peninsula College to close their tennis courts to the public during the fall of 1989; the courts were subsequently reopened after a community group approached the College and requested additional consideration. At that time, the group offered funds to assist in refurbishing the tennis courts; however, the College chose to not accept the offer. The need for tennis courts exists in the community, and Mr. Kott felt this is a joint project between the community, the City and the School District and he encouraged all concerned to support the endeavor. Councilman Cornell inquired as to which community group submitted the offer for fmancial assistance to the College and would this group be receptive to assisting in this particular project. Mr. Kott responded the group was the Port Angeles Tennis Association and it may be appropriate to contact the association to determine if funds would be available. James Clark, 625 Viewcrest, indicated tenms is a quiet sport and felt that many of -6- 2111 October 15, 1991 LEGISLATION: the neighbors in the area are supportive of the project. (Cont'd) Mayor Sargent closed the public hearing at 9:46 p.m. Appeals of Conditional Use Lengthy discussion followed with respect to minimizing the lighting impact to the Permit neighborhood, the SEPA process and the Conditional Use Permit process. In response to an inquiry from Councilman Hallett, Planning Director Collins noted that all public notice reqmrements and SEPA procedures had been adhered to appropriately. He reviewed procedures for withdrawing a DNS. Discussion also involved consideration of the light standards which would not pose a significant adverse impact according to the information presented for the SEPA Responsible Official's review. Further, Public Works Director Pittis responded to an inquiry regarding the drainage plan and indicated it has been accepted by the City Engineer. Councilman Ostrowski moved to deny the appeals and approve Conditional Use Permit CUP 91(09)16, citing the following Conditions, Findings and Conclusions: CONDITIONS: (A) Hours of operation of the tennis courts shall be limited to 7:00 a.m. to 9:00 p.m.; (B) A lighting plan shall be submitted for approval to the Public Works and Planning Departments which demonstrates that light and glare on nearby residential uses fronting on Park and/or Peabody is minimized, and that individual court timing systems shall be used, subject to approval by the Parks and Planning Departments; (C) Sidewalks, per City specifications, shall be provided along Park and Peabody, installed in the area covered by the new tennis court facility, extending to the tennis court facility along Peabody; and (D) A parking lot plan shall be submitted to the Public Works Department for approval, which includes specific attention to the need for an oil/water separator and emphasis on drainage control, prior to construction; FINDINGS: (1) The approval is for six (6) tennis courts and a 64-space parking lot, both accessory to the High School use, in the RS-7 Zone; (2) Schools are conditionally permitted in the RS-7 Zone; (3) There are several single family homes in the vicimty of the proposed tennis courts; (4) The City's Zoning Ordinance requires parking lots in several commercial districts to be landscaped with trees; (5) Comprehensive Plan Urban Design Policy No. 3 states that, "All non- residential signing and development should be unified and compatible and should enhance the natural beauty of the community"; CONCLUSIONS: (A) As conditioned, the use is compatible with the surrounding land uses and land uses in the RS-7 Zone; (B) As conditioned, the proposed Conditional Use Permit is in the public use and interest and is not detrimental to the public welfare; and (C) As conditioned the proposed Conditional Use Permit is consistent with the Port Angeles Zoning Code and Comprehensive Plan and other applicable land use regulations. The motion was seconded by Councilman Cornell and carried unanimously. Break Mayor Sargent recessed the meeting for a break at 10:00 p.m. The meeting reconvened at 10:15 p.m. B. Ordinances not requiring public hearings There were none. Resolution Amending C. Resolutions not requiring public hearings City Council's Rules of Procedure - 1. Resolution amending City Council's Rules of Procedure Resolution No. 37-91 Previous changes incorporated in the City Council agenda have been formalized with the passage of a Resolution amending Council's Rules of Procedure and, therefore, it was recommended that Council pass a Resolution amending Resolution No. 3-88. Mayor Sargent read the Resolution by title, entitled RESOLUTION NO. 37-91 A RESOLUTION of the City Council of the City of Port Angeles amending the Council's Rules of Procedure by changing the order of business, and amending Resolution No. 3-88. Councilman Comell moved to pass the resolution as read by title. The motion was seconded by Councilman Nicholson and carried unanimously. -7- 2112 CITY COUNCIL MEETING October 15, 1991 LEGISLATION: 2. Resolution encouraging preservation of Lincoln School as a Historical (Cont'd) Museum Resolution on Mayor Sargent read the Resolution by title, entitled Preservation of Lincoln School - RESOLUTION NO. 38-91 Resolution No. 38-91 A RESOLUTION of the City of Port Angeles supporting and encouraging the efforts of the Clallam County Historical Society in the preservation of Lincoln School as a Historical Museum. Councilman Ostrowski moved to pass the Resolution as read by title. The motion was seconded by Councilman Nicholson. Councilman Ostrowski spoke in support of the efforts of the Clallam County Historical Society to preserve Lincoln School as a museum. Milton Hunt, 206 So. Lincoln and a member of the Board of the Clallam County Historical Society, summarized the negotiations to purchase Lincoln School. Surrounding property will be utilized to relocate the Beaumont cabin and prhaps the cabins presently located at Lincoln Park. The Board has already received many offers of assistance in renovating the building. After limited discussion, a vote was taken on the motion which carried unanimously. Planning Commission D. Planning Commission minutes of October 9, 1991 Minutes of October 9, 1991 1. Planned Residential Development - PRD 91(07)02 - Olympic Estates, Eckard/Wabash Streets: Proposal to develop a Planned Planned Residential Residential Development of four single-family residences on 1.15 Development - acres PR/) 91(07)02 - Olympic Estates Councilman Hailett moved to concur with the recommendation of the Planning Commission and approve Planned Residential Development 91(07)02 - Olympic Estates, citing the following Conditions, Findings and Conclusions: CONDITIONS: (1) The 20-foot wide, one-way circular drive and the entrance roadway between the improved Eckard Avenue and the property line shall be paved with an all-weather surface. At least 16 feet of the drive and the entrance drive shall be paved with 2" of asphalt on top of a 8" base and 2" top rock, with two-foot shoulders on both sides; (2) Provide a fire hydrant capable of delivering 1,000 gallons per minute within 250 feet of all homes prior to occupancy of any home. An alternative is to sprinkler the homes and have a fire hydrant within 500 feet; (3) Submit to the Fire and Planning Departments for approval plans of the sign to be located on Eckard Avenue which identifies the addresses of the four buildings. The sign shall be installed prior to occupancy of the buildings; (4) Electrical utilities serving the houses shall be placed underground. Provide City Light with any easements necessary for these utilities; (5) The storm drainage shall comply with the following: (a) roof leaders/footings shall drain to the pond; (b) install culverts underneath the driveways; (c) construct a drainage ditch from the property along the south side of Eckard Avenue to Wabash; FINDINGS: (A) The City Council approved the preliminary PRD and plat titled "Olympic Estates", creating four single-family lots and one common open space lot, on August 6, 1991; (B) The Planning Commission and City Council concluded the preliminary PRD and plat was consistent with the Comprehensive Plan, Zoning Ordinance, and Subdivision Regulations; (C) The applicant submitted for final PRD and plat approval on September 12, 1991; (D) The applicant has met the following conditions of the preliminary approval: Entering into a non-protest agreement for the formation of an L.I.D.; submitted a drainage plan to Public Works for approval; revised the circular - drive to 20 feet wide; and has submitted a landscape plan for approval; (E) A hydraulics permit has been issued by the Department of Fisheries, which addresses conditions relating to drainage; CONCLUSIONS: (1) As conditioned, the final PRD and plat is in conformance with the preliminary approval; (2) The final PRD and plat has not changed in any manner so as to result in inconsistencies with the Comprehensive Plan and Zoning Ordinance; and (3) As conditioned, the final plat is in conformance with the City's Subdivision Ordinance. The motion was seconded by Councilman Cornell. Councilman Comell queried of Mr. George Casady as to who owns the common space. Mr. Casady responded that each property owner would have equal, undivided interest in the common space. Any liabilities incurred would be covered by a homeowner's association. After brief discussion, a vote was taken on the motion which carried unanimously. -8- 2113 ~ ,. ,. · October 15, 1991 LEGISLATION: 2. Shoreline Management Permit SMA 91(10)123 British (Cont'd) Petroleum, Ediz Hook: Request for a permit to allow the placement of up to 15 pilings, 4 -5 brace pilings and 4 timber Shoreline Management whalers to an existing concrete/steel mooring dolphin Permit - SMA 91(10)123 - British Petroleum Councilman ltalle~t moved to concur with the recommendation of the Planning Commission and approve Shoreline Management Permit SMA 91(10)123 for British Petroleum, citing the following Condition, Findings and Conclusions: CONDITION: (A) The applicant shall provide the necessary right-of-way for the Waterfront Trail through the site, if needed; FINDINGS: (1) The Shoreline Master Program designates the site as Urban Environment; (2) The Comprehensive Plan and Zoning Ordinance designate the site as Heavy Industrial; (3) The approval is to allow an upgrade to an existing mooring dolphin, which includes installation of up to 20 additional piles, 5 brace piles, and 4 whalers, as well as replacement of existing pilings, if found to be broken; (4) The site is located in an existing industrial area. The site contains a mooring pier used for cargo shipments to and from the Daishowa warehouse, and for refueling of ships; (5) The Shoreline Master Program, Comprehensive Plan, and Zoning Ordinance have been reviewed with respect to this proposal; (6) The SEPA Responsible Official issued a Determination of Non- Significance for the proposal; CONCLUSIONS: (A) The proposal is consistent with the Port Angeles Shoreline Master Program, specifically General Regulations C. 1, C.3 and C.4; Land Use Element D.l.a; and Use Activity Policies F.2.d, F.8.a, F.8.d, and F.17.a; (B) The industrial use is consistent with the policies and regulations of the Port Angeles Comprehensive Plan and Zoning Ordinance, which designates the property for heavy industry; and (C) The proposal will not be detrimental to the shoreline. Councilman Lemon seconded the motion, which carried unanimonsly. Councilman Hallett moved to accept and place on file the Planning Commission minutes of October 9, 1991. Councilman Nicholson seconded the motion, which carried unanimously. Security and E. Other Considerations City Pier 1. Security and City Pier Mayor Sargent reviewed information submitted by the Police Department pertinent to security in the downtown, City Pier and Waterfront Trail areas. Police Chief Cleland advised Council the community has not been abandoned and there is still an interest in maintaining the security process in that specific area. Discussion followed with agreement that the problems are under control other than some isolated incidences. Councilmembers encouraged the youth in the audience to continue policing their peers, as the actions of troublemakers will not be tolerated. Council's appreciation was expressed to the youth and the Police Department for their ongoing efforts on this issue. Chief Cleland emphasized the fact that the Police Department is making every effort possible to work with the youth. Mayor Sargent reminded the youth that the Pier area was paid for by the taxpayers and they should feel comfortable to enjoy the area at all times. Patrick Cramer indicated the youth have been concerned about the possibility of being harassed by the Police Department. He noted most of his friends try to not cause trouble and he encouraged the efforts of all concerned to try and get along. ..... M. Penic, 120 W. 7th, explained the need for adults to understand the differences in generations; judgments should not be made because of hair styles and varying attitudes. He indicated the youth are merely interested in enjoying each other's company and not causing problems for the adults. Council urged the youth to keep the lines of communication open with the Police Department in order to assure a continuation of these ongoing efforts. Letter re. NWPPC 2. Letter to NWPPC regarding proposed amendments to the NWPPC Fish & Wildlife Fish and WiMlife Program Program The Northwest Public Power Council has representatives appointed by the Governors of Washington, Oregon, Idaho and Montana to oversee the energy program in the Pacific Northwest. The Council was established by Congress and has some jurisdiction over BPA and the regions utilities. The Council has been trying to -9- 2114 CITY COUNCIL MEETING October 15, 1991 LEGISLATION: establish a plan which will be accepted by the National Marine Fisheries Service as (Cont'd) a blueprint for fish recovery specifically relating to salmon runs. The proposed amendments will directly impact the cost of electricity in the region and the draft Letter re. NWPPC response letter presented for consideration addresses the importance of stressing the Fish & Wildlife need for all river users to share in the costs of the proposed changes and the need Program to press for accountability for the hundreds of millions of dollars that will be spent on fish recovery. After limited discussion, Councilman Nicholson moved to authorize the Mayor to sign the response letter. The motion was seconded by Councilman Hallett and carried unanimously. Interagency Agreement 3. Acceptance of interagency agreement between DCD and local with DCD for Border jurisdiction to provide latter its proportionate share of Border Towns Program Funding Towns Program funding for July I, 1991 through June :70, 1992 Chief Cleland summarized the agreement with DCD for the funding of the Border Towns Program which provides local law enforcement agencies with state funds to help offset the historically high costs associated with proximity to the U.S. - Canadian border. Chief Cleland offered to continue as the contact person for the City. Councilman Cornell moved to authorize the Mayor to sign the agreement between the Deparhiient of Community Development and the City for the Border Towns Law Enforcement Assistance Program for the period, July 1, 1991 through Jane 30, 1993. The motion was seconded by Councilman Hallett and carried unanimously. Innovative Housing 4. Innovative Housing Committee Report Committee Report Councilman Lemon indicated he would be submitting a report from the Innovative Housing Committee at the November 5, 1991 meeting. He requested that Council set a public hearing for that date on this issue. Councilman Lemon moved to set a public hearing for November 5, 1991, on the proposal submitted by the Innovative Housing Conunittee. The motion was seconded by Councilman Cornell and carried unanimously. Real Estate 5. Set time and date for Real Estate Committee meeting Committee The request has been submitted to schedule a meeting of the Real Estate Committee to consider a proposal received from the Church of the Rock concerning City-owned property. The meeting was set for Tuesday, October 22, 1991, at 7:30 a.m. Governor's Interagency 6. Governor's Interagency Task Force - designation of Port Angeles Timber Task Force as "at risk" Mayor Sargent reported the Governor's Interagency Task Force is in the process of attempting to identify communities which are now or soon will be disrupted by timber supply problems. The City Manager has recommended that Port Angeles seek a "high risk" designation due to the anticipated negative impact of the timber supply issues to this area. A letter seeking such a designation has been issued by the City Manager. Utility Advisory 7. Discussion on Utility Advisory Committee Committee Councilman Hallett requested a discussion be held concerning the Utility Advisory Committee and its scheduled meeting of November 4, 1991. He referenced recent difficulties experienced in obtaining a quorum. He suggested provisions be made to provide for the appointment of an alternate Councilmember to the committee. In addition, the two community representatives may have terms expiring in December. Efforts toward replacement should be made so new representatives are prepared to work on the committee at the beginning of 1992. In the meantime, Council suggested contacting the two community representatives to determine if they would be willing to extend their terms until replacements have been appointed. In the ensuing discussion, Councilman Coruell noted it may be worthy of consideration to appoint two committees because of the numerous issues to be considered on an ongoing basis. He felt one committee might address electrical matters and the other could address solid waste and water/wastewater issues. -10- T ~ 2115 October 15, 1991 LEGISLATION: However, Councilman Hallett noted many of the issues are interrelated between (Cont'd) utilities. Staff was asked to remm with a recommendation as to whether two separate committees would be advantageous. Utility Advisory Committee Councilman Hailer moved to ask the Community representatives to remain on the Utility Advisory Committee until their replacements have been appointed. The motion was seconded by Councilman Nicholson and carried unanimously. Staff will follow-up with the proposed By-Laws change concerning the appointment of an alteraate member. Parking on Caroline 8. Discussion regarding parking on Caroline Street/Hospital area Street/Hospital Area Councilman Lemon asked that the matter be placed on the agenda in that parking on Caroline Street and in the hospital area has created serious problems for the residents in the neighborhood. Requests submitted to resolve the problem have received no response thus far. In the ensuing discussion, it was agreed there is a safety problem with the construction. In addition, the question was raised as to whether there will be a parking shortage once the construction has been completed. Staff is to provide information on this matter at the next meeting. Discussion on 9. Discussion on LID's LID's At Councilman Hallett's request, due to apparent confusion on the LID process, Attorney Knutson reviewed the process as established by State statutes. He advised the Council that an LID can be stopped, even after the Council adopts an ordinance establishing it, if the LID is protested by property owners paying 60% of the LID assessments. It is not 60% of the assessed valuation of the property in the LID. Concerning the LID considered this evening, there was not an automatic rejection so the Council still needed to conduct a public hearing and then make a determination as to whether to adopt or not adopt the ordinance. In response to further questioning from Councilman Hallett, Attorney Knutson continued that an LID can be started if there is a majority of the property within the proposed LID wherein the owners are willing to sign a petition. Once the process commences, then the Council holds a public hearing on the matter. If the ordinance is adopted, there is a 30-day waiting period within which the people who are going to be assessed can protest. If the written protests amount to 60 % or more of the dollar amount assessed within the district, the City is divested of jurisdiction to continue. In this particular case, there was 56% in support of the project and 44% against it. Discussion ensued with the Council indicating that it had correctly understood the legal requirements and did not want to reconsider its earlier decision. Tennis Court 10. Tennis Court Financing Financing Discussion was held concerning the financing of the tennis court project. It was suggested the matter be placed on the November 5 City Council agenda for consideration. In the following discussion, specifically relating to lighting the tennis courts, Councilman Nicholson recalled the School District had previously indicated all courts would be lighted by the summer months. He indicated a verbal agreement had been reached in this regard. For the purpose of offering clarification, Terry Heindl, Assistant Superintendent of the School District, reported the School District hopes to finish lighting the tennis courts; however, this cannot be accomplished until a determination has been made as to the status of year-end cash. This could happen -- during the July/August timeframe. Mayor Sargent asked that a letter of appreciation be sent to Mr. and Mrs. Swain for their most generous donation for the playground project at the City Pier. ADJOURNMENT: The meeting adjourned at 11:30 p.m. -11-