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HomeMy WebLinkAboutMinutes 10/19/1993 2586 CITY COUNCIL MEETING Port Angeles, Washington October 19, 1993 CALL TO ORDER - Mayor Hallett called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:07 p.m.. ADJOURN TO The meeting adjourned to Executive Session at 6:08 p.m. to discuss litigation and EXECUTIVE SESSION: potential litigation for approximately 1/2 hour or 45 minutes. RETURN TO OPEN The meeting returned to open session at 6:55 p.m. SESSION: CALL TO ORDER - Mayor Hallett called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:07 p.m. ROLL CALL: Members Present: Mayor Hallett, Councilmen Braun, Hulett, and Ostrowski, Councilwoman Sargent, and Councilmen Schueler and Wight. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, B. Collins, L. Glenn, K. Godbey, J. Pittis, B. Titus, K. Ridout, D. Sawyer, J. Hicks, and G. Kenworthy. Public Present: J. Ensor, M. Dang, L. Colby, R. Berry, M. Carlson, K. Carlson, N. McHenry, T. Newlin, B. Berry, L. Lunderville, J. King, D. Rutten, P. Granlund, D. Granlund, J. Ralston, D. Zanon, D. Milligan, C. Paulin, M. Libera, L. Doyle, L. Cooke, B. Dalton, S. Oliver, L. Bell, B. Sundt, T. German, T. Adair. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Hallett. ALLEGIANCE: APPROVAL OF Councilman Wight moved to approve the minutes of the regular meeting of MINUTES: October 5, 1993. Councilwoman Sargent seconded the motion, which carried by a majority vote with Councilmen Braun, Ostrowski and Schueler abstaining. Councilwoman Sargent moved to approve the minutes of the special meeting of October 13, 1993. Councilman Wight seconded the motion, which carried by a majority vote with Councilmen Braun, Ostrowski and Schueler abstaining. CEREMONIAL I. Proclamation recognizing National Venture Week October 17-23, 1993 MATTERS/ PROCLAMATIONS: Mayor Hallett read a proclamation establishing the week of October 17 - 23, 1993, as National Venture Week. National Venture Week National Red Ribbon 2. Proclamation recognizing National Red Ribbon Celebration October 23 - Celebration 31, 1993 Mayor Hallett read a proclamation establishing the week of October 23 - 31, 1993 as National Red Ribbon Celebration Week. CITY COUNCIL Councilman Hulett attended the Board meeting of the Clallam County Historical COMMITTEE Society, which reported earnings of $1,320,00 from the special performance of the REPORTS: "Quilters" by the Community Players. The Historical Society has agreed to go with a new insurance carrier, which will save $300 per year and include the Lincoln School property. Councilman Hulett reported that the North Olympic Peninsula 1 ' 2587 CITY COUNCIL MEETING October 19, 1993 CITY COUNCIL Visitors and cOnVention Bureau distributed 2000 brochures and is considering COMMITTEE placing an article in Sunset Magazine next year. In November, Warner Bros. will REPORTS: be in the area filming for approximately six weeks, which will bring in some much (Cont'd) needed revenue. There was a reception this past week for 40 tour operators which was held at the Olympic Best Western Lodge. Councilman Ostrowski attended the Olympic Air Pollution Control meeting last Wednesday. He also attended meetings of the Clallam Transit Authority Board and the Facilities Committee, which' is involved in the building of the new facility. Councilman Wight attended the Utility Advisory Committee meeting, which will be discussed at the next Council meeting. He also wished to let Council know that an error had t~n made in the October sewer billing, which has since been corrected. Councilman Schueler had no report in that he has been on vacation. Councilman Braun also attended the Clallam County Transit Board. Final plans for the new facility were accepted. He also attended UAC. Councilwoman Sargent attended an EDC Board Retreat where goal setting was accomplished. An executive search firm will be used to aid in the hiring of a new Director. She also attended the EDC executive meeting, and was the City's representative on the County's Regional Planning Committee for the Port Angeles area. It was an organizational/informational meeting. Councilwoman Sargent was also in Victoria on the AM Association, an organization in Victoria to promote interaction of tourists between the two cities. Mayor Hallett attended the meeting in Victoria with Councilwoman Sargent and City Manager Pomeranz among others, and informed Council that Saturday had been Port Angeles Day. Mayor Hallett received a commitment from Victoria's Mayor Turner that he will visit Port Angeles on a more frequent basis. Mayor Hallett referenced the upcoming Commonwealth Games and noted his hope that Port Angeles can benefit from the activities. FINANCE: 1. Bid Award for Cemetery Niches Bid Award for Mayor Hallett reviewed the information provided by Parks and Recreation. Cemetery Niches Councilman Ostrowski moved to accept the bid of Koppenberg Enterprises, in the amount of $18,500.00, plus tax, and authorize the Mayor to execute the contract. Councilman Braun seconded the motion, which carried unanimously. CONSENT AGENDA: Councilwoman Sargent moved to accept the Consent Agenda, including: (1) Wire transfers for September, 1993, of $268,843.57; (2) Concept Administrators through September of $711,154.06; (3) Voucher list of October 15, 1993, of $1,467,487.35; (4) Payroll of October 10, 1993, of $327,006.75. Councilwoman Sargent noted the memo just distributed reflecting payment #1 to Olympic Western Co. for the Senior Services and Community Center which should have been attached to the voucher list. Councilman Braun seconded the motion. Discussion followed, and Councilwoman Sargent questioned the backhoe rental fees and requested that the Public Works Director research whether it would be cheaper to purchase this piece of equipment. After further limited discussion, a vote was taken on the motion, which carried unanimously. ITEMS FROM THE Planning Director Collins wished to point out that Item E.9., Contract with DCD for AUDIENCE/COUNCIL/ growth management funds, was not shown on the front agenda, but has been STAFF TO BE included in the Legislative agenda further in the packet. CONSIDERED OR PLACED ON A Sandy Oliver, along with members of the Board of Directors of Serenity House, FUTURE AGENDA: indicated she was present in follow up to action taken at the last meeting regarding surplus property and the decision to not make a property donation. She thought the matter was on tonight's agenda, and she expressed interest in continuing dialogue on the issue. She asked that the Council direct staff to continue working with Serenity House regarding this. Councilman Wight, as Chairman of the Real Estate Committee, noted it was the committee's understanding that Serenity House had withdrawn the original request for the donation of 2 1/2 lots and was currently pursuing a request for additional lots under a new project.. If this information was inaccurate, then Councilman Wight urged Ms. Oliver to clarify the matter. Ms. Oliver acknowledged there had been some changes since the original plan was brought to the City Council; however, she wished to continue dialogue on the new -2- 2588 CITY COUNCIL MEETING October 19, 1993 ITEMS FROM THE request, as it still entails sheltering the homeless. Ms. Oliver expressed an interest AUDIENCE/COUNCIL/ in purchasing the property in question, and requested information on the necessary STAFF TO BE process to reach.. ~ this goal .: Councilman Wight indicated the issue will again be CONSIDERED OR referred to the Real Estate' Committee. PLACED ON A FUTURE AGENDA: Louise Colby, 516 S. "A" Street, addressed the Council regarding the proposed (Cont'd) resolutions on Initiatives 601 and 602. She expressed dismay by the Council's willingness to take such action on this matter, as she felt it to be inappropriate. Ms. Colby referenced the period of time when the City was trying to pass a bond issue for the Senior Center. At that time, she was told it was illegal for the City to use property or anything else to promote taxation, bonds, etc. She feels it is equally inappropriate for the City Council to condemn an effort endorsed by many citizens to remove excessive taxes. She urged the Council to let the voters decide this issue. Loren Cooke, 283 John Mike Road, commended the Council for its work and cooperation with Serenity House. Mr. Cooke is on the Board of Directors for Serenity House; he advised the Council that they sheltered 1521 individuals last year, of which 404 were children. Serenity House has worked long and hard attempting to obtain grants for a permanent shelter. Councilman Wight wished to discuss the possibility of a City initiated LID, which was added to the agenda as Item E. 10. LEGISLATION: A. Public Hearings Street Vacation- Ensor - I. STREET VACATION PETITION - STV 93(10)06 - ENSOR, 3018 South Ordinance No. 2782 Peabody Street: Request for vacation of a portion of Peabody Street in Grant's Addition. Mayor Hallett reviewed the information provided by the Planning Department. Plmaning Director Collins offered a correction to the memo from the Planning Department wherein the vote on this issue was not unanimous, it was 5-2. The Planning Department's recommendation was to add a second condition, which was to install sidewalks, which was consistent with the opinion of the two people who voted in opposition to the motion. Director Collins then specifically cited changes made in the legal description of the Ordinance, which was modified by the recommendation of the Planning Commission. Mayor Hallett opened the public hearing at 7:49 p.m. There being no one present who wished to testify, the public hearing was closed at 7:49 p.m. Director Collins again explained the change to the legal description and the fact that the applicant has been made aware of the change. Councilman Hulett inquired as to why the change in the sidewalk condition. Director Collins explained that it was an attempt to supply safe walking routes for the children to get to school. Councilwoman Sargent inquired as to the existence of no-protest agreements, and Director Collins indicated he was unaware of any. The only sidewalk installed along Peabody Street, to date, is the one required when the tennis courts were approved for the school. That frontage is along Peabody and Park, and sidewalks were added during that construction project. The Planning Commissioners felt it was unfair to impose the sidewalk condition because no construction was taking place on the property. A no-protest LID is another alternative. Councilman Wight pointed out that the minutes did not reflect discussion about no- - protest LID agreements, even though it was a recommendation from the audience that night. Director Collins replied that it was brought up by a member of the public, with no discussion by either the people in the majority or the minority. Councilman Wight observed that the starf, Planning Commission and Council have a negative attitude toward non-protest LID agreements, as they are difficult to keep track of and difficult to enact. However, he questioned whether they could be of some benefit to the City at some point in time. Director Collins responded that they did no harm; however, the City could make errors in the future due to the difficulties in monitoring them. Discussion followed concerning the possibility of requiring sidewalks, and Director Pittis pointed out that much of Peabody is difficult to design for, due to the number of improvements that have occurred on private properties up to the curb. It is not as simple as just requiring a sidewalk. The City has been unable to actively pursue the sidewalk program as the funding has not been available. Mayor Hallett inquired about the compensation, and Deputy Director Ridout responded the cost had been determined to be $1.49/sq. ft. which would be $2,212.22, of which the City collects 50 % or $1,106.11. Past street vacations were alluded to specifically relating to -3- 2589 CITY COUNCIL MEETING October 19, 1993 LEGISLATION: sidewalk requirements. On a previous street vacation, the Public Works Department recommended sidewalks and the Planning Commission and Council agreed not to Street Vacation - Ensor - make it a requirement. In another instance, in regard to sidewalks placed on a Ordinance No. 2782 portion north of Park, the City traded right-of-way for the installation of the (Cont'd) sidewalk; therefore, there was no fee. Mayor Hallett asked why this could not be done again. Deputy Director Ridout replied this could be done; however, that portion of Peabody Street north of this site which was recently vacated was nOt required to have a sidewalk, so there would be 142 feet of sidewalk and that would be it until such time as someone desired to do the rest of it. Councilman Wight moved to concur with the recommendation of the Planning Commission to approve the request subject to Condition 1, adding Condition 2, which states: (2} The applicant shall execute a non-protest LID agreement for sidewalks: and citing Findings 1 through 8 and Conclusions A and B. Councilman Schueler seconded the motion. Councilman Wight felt it may be a waste of time, effort and money to require the applicant to put in sidewalks, as it is predictable that there will only be sidewalks on one side of the street, and it is unknown which side of the street will have them. If it tums out that this side has sidewalks, then the non-protest LID executed by the property owner would help achieve the City's objective. If it is the opposite side of the street, then no one has been asked to spend money needlessly. In the ensuing discussion, Councilwoman Sargent inquired as to whether compensation would be required. Attorney Knutson explained that the City must receive compensation for the vacated land. Councilman Schueler opined that the sidewalk is going to go on the west side of Peabody Street, as it is more developed on that side. Mayor Hallett felt that these issues are being addressed in a planned fashion, so when the opportunity presents itself, and the applicant is helped to reach an objective, there should be some give and take. The Mayor urged consideration of follow up on the idea of in-lieu-of payment, where the sidewalks are placed with the City paying the balance if necessary. Director Collins believes the sidewalk will go in on the west side because the City doesn't own any property on the east side of the street. Director Pittis noted it would be easier to build the sidewalk on the east.side of the street; however, he agreed that the use pattern is on the west side of the street, so that is probably where it will go. Councilman Hulett inquired as whether it was possible to give the applicant the option of either the sidewalk or compensation. He would like to see consistency, as the last vacation in this area did not require sidewalks. Councilwoman Sargent echoed the sentiments of Councilman Hulett. She wished to see the acquiring of a sidewalk in lieu of compensation. Councilman Wight withdrew his motion. Mayor Hallett indicated that compensation cannot be waived; however, it can be used to put in the sidewalks. The Council, as a policy direction to staff, can specify that the money goes to sidewalks. However, Councilman Wight reminded the Council that in the past, when public property is sold, the Real Estate Fund has been the recipient of the monies from that transaction, with the money to be used for the public good. He did not think it proper to designate that specific dollar amount to build a sidewalk. Attorney Knutson responded that for street vacations there is no legal requirement that the compensation has to go into any particular fund. He felt it generally acceptable to designate the money for sidewalk construction. Councilwoman Sargent moved to approve Street Vacation STV 9300)06, as recommended by the Planning Commission, subject to Condition 1, adding Condition 2, which states: (2} The ap01icant shall install sidewalks along Peabody Street right-of-wa,/ in conformance with City standards; citing Findings 1 through 8 and Conclusions A and B; and adding and with the understanding that the compensation to be paid to the City for the vacation, will go towards the payment of the sidewalk. Councilman Hulett seconded the motion. Director Collins reminded the Council that Conclusion A should come from the staff report, not the Planning Commission report, which was duly noted. Councilman Braun inquired as to why some of the paperwork referred to STV 93(10)06 and some. referred to 93(10)16. Director Collins responded that this was a typographical error and 93(10)06 was the correct designation. Attorney Knutson stated his understanding that the intent was not to make the sidewalk a condition of this vacation, but rather to earmark the money for sidewalk construction if needed in the future. He advised the Council that this could be done with future street vacations as well. Councilwoman Sargent revised her motion to reflect that the intent is not to require this applicant to construct a sidewalk but to provide for a sidewalk if ultimately necessary. Councilman Hulett, as -4 - 2590 CITY COUNCIL MEETING October 19, 1993 LEGISLATION: seconder of i~ motiOn, agreed. Attorney Knutson suggested adopting the ordinance without Condition 2, and following adoption of the ordinance, the Street Vacation - Ensor - Council pass a motion establishing as a policy matter, that the compensation Ordinance No. 2782 funds for street vacations be set aside for a sidewalk program. This was agreed (Cont'd) to by Councilwoman Sargent who agreed to delete Condition 2, and modify Conclusion A. Therefore, Councilwoman Sargent restated the motion to concur with the recommendation of the Planning Commission to approve the request citing the following Condition, Findings and Conclusions: Condition: (1) A minimum 60 foot right-of-way from the east line of the improved street to the property line of the subject site shall be maintained; Findimts: (1) The request is to vacate 2130 square feet of the Peabody Street right-of-way; (2) The Department of Public Works has noted that a minimum 35 foot right-of-way from the centerline of the improved street must be maintained. The City minimum standard street width is 60 feet; (3) The construction of Peabody Street is skewed with respect to the right- of-way, thereby creating unneeded right-of-way between the site and the street improvements; (4) The property is zoned RS-7; (5) The site is located along a designated school walking route; (6) There are several Comprehensive Plan Policies encouraging the provision of safe pedestrian facilities including Goal No. 1, Residential Policies 4 & 5, and Circulation Policies 7, 8 and 10; (7) The house appears to be located within the right-of-way. The vacation would reduce or eliminate this encroachment into the right-of-way; (8) The nearest sidewalk on Peabody Street is located about 1000 feet to the north. Conclusions: (A) Vacation of this portion of Peabody Street right-of-way is in the public use and interest and would be a public benefit as it would increase tax revenues by placing the unneeded right-of-way into private ownership; (B) As conditioned, the street vacation is consistent with the Goals, Policies and Objectives of the Comprehensive Plan, specifically those listed in Finding No. 6. Councilman Hulett, as the seconder, agreed with the motion. A vote was taken, and the motion carried unanimously. Mayor Hallett read the Ordinance by title, entitled ORDINANCE NO. 2782 AN ORDINANCE of the City of Port Angeles vacating a portion of Peabody Street adjacent to Lot B, Grant's Addition to Port Angeles. Mayor Hallett noted that the legal description has been amended and compensation in the amount of $1106.11 is to. be incorporated. Councilman Wight moved to adopt the Ordinance as read by title, citing compensation of $1106.11 for the vacated property. Councilman Schueler seconded the motion, which carried unanimously. Councilwoman Sargent moved that the compensation received for this street vacation be dedicated toward the sidewalk program. Councilman Wight seconded the motion, which carried unanimously. Zoning Code Amendment 2. ZONING CODE AMENDMENT- ZCA 93(10)02 - RALSTON, RS-7, Ralston Residential Single-Family Districts: Proposal to amend Zoning Ordinance No. 1709, to allow off-street parking lot uses as conditional uses in the RS- 7, Residential Single-Family District. Mayor Hallett reviewed the information provided by the Planning Department. Director Collins informed the Council that the excerpt of the minutes in the staff report left off a sentence which is found in the October 13 minutes later in the packet. The sentence read that Director Collins indicated the Planning Department would prepare an analysis of the 8th Street commercial corridor and present it to the Planning Commission in the near future. Mayor Hallett opened the public hearing at 8:21 p.m. John Ralston, P. O. Box 1405, Port Angeles, applicant for the zoning code amendment, requested that parking be allowed conditionally in an RS-7 zone. Mr. Ralston wished to stress that this is conditional use. He noted that there are several places in the RS-7 zone, where parking lots are regularly seen, to include churches, public parks, schools and other numerous locations. There are people who are parking their vehicles that are tied to some sort of business or other nonresidential uses. Off-street parking lots are permitted conditionally in the RMF zone, neighborhood districts, and community shopping districts. He quoted the definition of the OC zone and encouraged the Council to vote in favor of this amendment. Peter Granlund, 814 E. 7th Street, felt this issue has been made to appear as a city- wide issue, but it always refers back to Lot 3, Block 224, which is a single family -5 - 2591 CITY COUNCIL MEETING October 19, 1993 LEGISLATION: residence belonging to Mr. Ralston. Mr. Granlund lives in this block and has had (Cont'd) no bad experiences living adjacent to a commercial zone. No one has objected to what is going on along 8th Street and the wrap-around on Race. All of those owners Zoning Code Amendment have provided for their building and parking on their commercial lots. They have Ralston (Cont'd) been good neighbors, and they represent the types of businesses that do not cause a great deal of traffic flow at all hours. Further, they maintain their properties well. However, Mr. Ralston is recommending that this be changed. Instead of providing parking on his own two commercial lots on 8th Street, he wants to build to such a degree on these lots that he will not be able to accommodate an adequate number of cars on his property. Therefore, he desires to go across the alley to Lot 3, and park ears. That is the key factor in changing the issue in the eyes of the local residents. Mr. Granlund felt that if it has not been necessary to take away residential lots for parking before, it should not happen now. Mr. Ralston should be able to build and park on his commercial property. Mr. Granlund noted that, at the Planning Commission meeting, Mr. Ralston claimed to have received an overwhelming acceptance of his proposal from the neighbors. Mr. Granlund canvassed the residents of the area and asked them to sign a petition in opposition to 'this zoning code amendment. He obtained a number of signatures from the 800 block of 7th Street, and he presented the petition to Council which Mayor Hallett read into the record. Bob Dalton, 812 E. 7th Street, lives next door to Peter Granlund. Mr. Dalton expressed a fear that a precedent would be set if Mr. Ralston was allowed to use this lot for parking. He is against anything that would destroy the neighborhOOd, and a parking lot would certainly do this. He has signed the petition against this zoning code amendment. There being no further testimony, Mayor Hallett closed the public hearing at 8:34 p.m. Councilman Hulett asked if this would also require a parking variance to locate the lot off-site. Planning Director Collins replied in the negative, as long as it was within 100 feet. Councilwoman Sargent moved to concur with the recommendation of the Hanning Commission to deny the proposal, citing the following Findings and Conclusions: Findings: (1) The proposal is to allow parking lots as a conditionally permitted use in the RS-7 zone; (2) There are several Comprehensive Plan Goals, Policies and Objectives identified with are most relevant to the proposal. They include Goals Nos. 3 & 5; Commercial Policies Nos. 1-3; Circulation Policies Nos. 7 & 8; Social Objective No. 1 and Land Use Objectives Nos. 1, 2 & 5; (3) Parking lots are listed as conditionally permitted uses in the RHD, OC, CN, CSD, ACD and CBD zones and are not listed in the RMD, RS-9, RS-7, LI and M-2 zones; (4) Vehicular impacts of a parking lot include noise, glare, pedestrian safety and traffic congestion; (5) The purpose of the RS-7 District is to create and preserve urban single-family residential neighborhoods consisting of predominantly single-family homes; (6) Parking for single family homes is usually provided on each lot on which the house is located. Parking lots are not functional attributes to single family residential uses. Conclnsions: (A) The Zoning Code Amendment is not in the public use and interest. Parking lots cannot be sufficiently conditioned to ensure they are compatible with single family neighborhoods and create adverse impacts on residential areas; (B) The Zoning Code Amendment is not consistent with the Comprehensive Plan Goals and Policies, in particular, those identified in Finding No. 2; (C) The proposed amendment is not consistent with the intent of the RS-7 zone. Councilman Ostrowski seconded the motion. Councilwoman Sargent felt that approval of this amendment would serve as an intrusion on the RS-7 neighborhood. Councilman Wight felt that under certain conditions an office parking lot could coexist in a residential neighborhood. He felt that if this motion was approved, Council should take note of Commissioner Alexander's suggestion to re-examine and develop some standards where parking lots may coexist in residential zones. Councilmen Ostrowski and Schueler echoed these sentiments. Mayor Hallett pointed out that the purpose of the zoning code was to provide distinctions among various usage types, which is why there are various designated zones. There are already many zones specifically identified to meet parking needs. He felt that passage of this ordinance will not restrict development. Discussion followed regarding the zoning in this particular area. Councilman Ostrowski noted Planning Commissioner Bob Winters was in attendance and requested that Mr. Winters explain to the Council the Planning Commission's feelings and reasons for the recommendation to deny this request. Bob Winters, 1824 Harborcrest, indicated the discussion at the Planning Commission was similar regarding more diversity in neighborhoods. The changes requested by this amendment would only impact certain areas and would not generally have an effect on residential areas. A vote was taken on the motion which carried by a 4-3 vote. -6- 2592 CITY COUNCIL MEETING October 19, 1993 Break Mayor Hailer recessed the meeting for a break at 8:50 p.m. The meeting reconvened at 9:03 p.m. Zoning Code Amendment 3. ZONING CODE AMENDMENT- ZCA 93(10)03 - PAULIN- Residential Panlin Uses in the CSD-C1, Community Shopping District. Mayor Hallett reviewed the information provided by the Planning Department. It was pointed out that the report from staff was missing the even numbered pages. Planning Director Collins left the Council meeting to retrieve the missing information for Council. Council opted to continue with Agenda Item XIII. C., Resolutions not requiring public hearings, while waiting for Director Collins' return. Unfunded Federal C. Resolutions Not Requiring Public Hearings Mandates - Resolution No. 37-93 1. Resolution regarding unfunded federal mandates Mayor Hallett reviewed the information provided by the City Clerk and the Public Works Department. He then read the Resolution by title, entitled RESOLUTION NO. 37-93 A RESOLUTION of the City Council of the City of Port Angeles, Washington regarding unfunded federal mandates. Councilwoman Sargent moved to pass the Resolution as read by title. Councilman Braun seconded the motion. Councilwoman Sargent reminded Council that this originated from the National League of Cities. October 27, 1993, will be National Unfunded Mandates Day, and cities will be educating the public concerning those mandates which have been sent down without any funds being made available. Deputy Public Works Director Ridout has provided a list of some of these items which the City has been mandated to do. Port Angeles has had to spend over $11 million. A vote was taken on the motion, which carried-unanimously. Initiatives 601 2. Resolution opposing Initiatives 601 and 602 and 602 - Resolution No. 38-93 Mayor Hallett read the Resolution by title, entitled RESOLUTION NO. 38-93 A RESOLUTION of the City Council of the City of Port Angeles, Washington expressing opposition to Initiatives 601 and 602. Councilwoman Sargent moved to pass the Resolution as read by title. Councilman Schueler seconded the motion. Councilwoman Sargent wished to clarify for the public that it is legal for the City to pass this Resolution. The language of the Resolution was provided by the AWC; however, no taxpayer money has been used for this type of activity. Funds used are the membership fees from affiliates, such as engineering firms, health insurance companies, etc. Councilman Wight was troubled by the Resolution. He indicated he has not come to a personal decision on 1-601, but noted his plan to vote against 1-602 because he felt portions of this initiative violate the democratic process. Specifically, it rolls back taxes and then requires the majority of the legislature to act to countermand the rollback. He felt the Council has a responsibility to its constituents to educate them on the effects these initiatives will have on City services, but he didn't feel he had the authority to tell his constituents how to vote on these issues. Councilman Schueler indicated he knew how he was planning to vote on these issues, and felt that if he had the support of the Council in this so much the better. Perhaps this will provide some influence to voters. Human interest issues will be set aside if funding cannot be provided for them. Mayor Hallett stated that the Council has never backed away from an issue and has supported legislation for Criminal Justice Funding, modifications in the endangered species act, and written letters to congressmen. The Council has attempted to be the voice of the community. As community leaders, he felt the Council should not be reticent to express its opinion. Councilman Ostrowski has also had a difficult time with this issue. A lot of things hinge on what happens with these initiatives. He would prefer to see this simply left up to the voters. Councilman Hulett was -7- 2593 CITY COUNCIL MEETING October 19, 1993 LEGISLATION: bothered by the fact that if both these initiatives pass, they will go to the courts due (Cont'd) to conflicts between the two. It's difficult to tell what would come out of that  situation. A vote was taken on the motion, which carried by a ~ voteo,~h Initiatives 601 C~,.~ ~.'_!.--.__..-_ and 602 - Resolution No. 38-93 (Cont'd) Zoning Code Amendment A. Public Hearings: (Continued) Paulin (Cont'd) 3. Zoning Code Amendment - ZCA 93(10)03 - PAULIN- Continued Planning Director Collins distributed the pages that had been inadvertently left out of the packet. He informed the Council that the Planning Department is in concurrence with the Planning Commission's recommendation, which is to look at an alternative to allow the residential use as conditionally permitted and ask the applicant to return for a CUP. Mayor Hallett opened the public hearing at 9:25 p.m. Cindy Paulin, 314 W. 8th street, applicant, chose this building as she has a large family and a day care to house, and it is difficult to fred a building large enough to accommodate this purpose. This house was, in the past, residential only. Several years ago the prior owner had the first level use changed to commercial and left the upstairs as a separate residential use. In order to have an in-home family day care, she cannot operate it in a separate building. The homes along 8th and C Streets are trapped, because they can't be sold as residences as they don't comply with the commercial and vice versa. Ms. Paulin described for the Council all the steps she had taken to achieve a zoning change to accommodate her day care as well as her home use of the building. Ms. Panlin displayed a map which showed the large number of residences still in this area. She expressed the fear that if she is only given a CUP, one year she may be approved and the next year she may be denied, which will start her problems all over again. Nancy McHenry, 1752 Freshwater Bay Road, has been helping Ms. Paulin through the process. Ms. McHenry read from the staff report the reasons this application should be approved. She reminded the Council that family day care is not a permitted use anywhere in the City, it is only an exempted use as a home occupation, and this is why Ms. Paulin is attempting this zoning code change. She posed certain questions regarding CUP's and rezone applications should others in this area wish to make changes. Mayor Hallett asked Ms. McHenry why she thought the Planning Commission did not permit the change. Ms. McHenry said the vote was 5-2. The two voting against the motion wanted day cares permitted outright. The five voting for denial said they didn't want all the residences backing cars out onto 8th Street, which is an arterial. She did not notice any curb cuts at all for any existing houses on 8th Street; all curb cuts are for the commercial uses. The Planning Commissioners also expressed a fear that if residential uses were permitted outright, then businesses would have to buffer from adjacent residential uses. Ms. McHenry felt that being the houses already existed and the commercial uses are not buffering them now and they seem to be compatible, there wouldn't be a problem in the future. Councilman Hulett informed Ms. McHenry that the existing residences were pre- existing and therefore grandfathered and allowed to be there as residences without conditional use permits. Ms. Paulin must have a CUP or a zone change because the house she is renting was used as a commercial property in the past. Ms. Paulin stated that there is a real estate office in the back bedroom of the first floor. The day care occupies the rest of the downstairs, and she will be living upstairs, therefore, the house serves two purposes. Bob Winters, 1824 Harborcrest, appeared on behalf of the Planning Commission. He wished to clarify their vote in order to avoid any confusion on the Council's behalf. It was a 5-2 vote to deny this being considered as an outright use. The two voting in opposition were in favor of it being allowed as an outright permitted use. The majority voting was unanimously not opposed to considering single family residences in the CSD-C 1 zone. The concern was that whenever you have diverse uses within one zone, the potential for impact exists. The CUP process is the best mechanism for a given proposal to be evaluated for its impact on the adjoining properties. The Commission felt that it could potentially place an unfair burden upon commercial uses to mitigate their impacts on the neighboring residential uses. Discussion followed regarding why there would be undue burden when residences and businesses were already co-existing without difficulties. -8- 2594 CITY COUNCIL MEETING October 19, 1993 LEGISLATION: Jerry Newlin, operator of an engineering surveying business at 8th and Peabody (Cont'd) Street, expressed concern for his employee who may lose the child care service if the zoning code ~ ~m]~endmont.is d~.nied. He hoped the City Council would not put Zoning Code Amendment restrictions on valuable serviCes needed in this community. He felt the City has Panlin (Cont'd) made a simple situation complex, and expressed the hope that the Council would come to a reasonable solution. Dave Milligan, 1735 W. 6th Street, is a local contractor and realtor. He asked the Council to give consideration to allowing the outright use of residential uses in the CSD-C1 zone. Allowing the outright use gives more flexibility to the existing homes. He informed the Council that it was very difficult to sell or refmance homes in this area due to nonconforming use. Mike Libera, 314 W. 8th Street, wished to clear up some misconceptions that have arisen. This is not the only area in Port Angeles where this zone exists. He has seen the uses of 8th Street evolve and felt co-existence is the key word. Zoning was not designed to be exclusionary, only restrictive. There are houses on 8th Street which were residences, then commercial businesses and have now reverted back to residences. Mayor Hallett closed the public hearing at 9:55 p.m. Director Collins explained that a CUP for this would be a one-time application without an annual renewal. Meeting Extended Councilman Hulett moved to extend the meeting past 10:00 p.m. Councilman Past 10:00 p.m. Wight seconded the motion, which carried unanimously. Mayor Hallett inquired of Director Collins as to whether or not it was true that a homeowner in this area who desired to sell or refinance would be turned down due to nonconforming use. Director Collins could not speak for the lending practices of the community, however, generally speaking he believed that if there is a viable use and it is a nonconforming use, one should continue to be able to get financing for that use. There are restrictions, and some legitimate concerns in this regard. Director Collins explained that if the Council wished to allow the outright use, Council would have to arrive at findings and conclusions. Councilwoman Sargent asked about Finding 5, which mentions CSD-C1 zoning being only in this area, yet Mr. Libera mentioned several other areas he thought were CSD-C1. Director Collins replied that he thought the areas Mr. Libera alluded to were CSD-C2 not Cl. Councilman Schueler moved to direct staff to draft proposed findings, conclusions, and an ordinance making the requested residential uses as outright permitted uses in the CSD-C1 District and return to the next meeting with this information. Councilman Braun seconded the motion. Discussion followed, and Councilman Wight suggested that consideration be given to having the Planning Commission draft a CUP process for the CSD-C1 zone, and allow Ms. Paulin to continue to operate in a nonconforming fashion until such time as the issue is resolved. If the process is successful, then Ms. Paulin's CUP fee could be waived in that she has already paid the fee for requesting the zoning code amendment. Director Collins informed the Council that having checked the zoning map, the only CSD-C1 zones are on "C" Street and 8th Street. The other areas Mr. Libera mentioned were CSD-C2. Discussion followed, and a vote was taken On the motion, which carried unanimously. Highland Communities B. Ordinances Not Requiring Public Hearings Final Planned Resi- dential Development - 1. HIGHLAND COMMUNITIES FINAL PLANNED RESIDENTIAL Ordinance No. 2783 DEVELOPMENT (PRD) AND PLAT: Final approval for Phase I and Phase H of the proposed development and plat, located between Lauridsen Boulevard and Melody Lane. Mayor Hallett reviewed the information provided by the Planning Department. Director Collins updated the Council on its options for this issue and showed the plat and PRD plan as submitted yesterday by the applicant. In addition, Director Collins showed the preliminary PRD and plat approval, as well as what was submitted to the Planning Commission. The updated options were based on the submittal of the final plat. He advised the Council that it could conduct its own public hearing or remand the matter back to the Planning Commission. Councilwoman Sargent moved to remand the Highland Communities PRD back to the Harming Commission for its consideration with a new public hearing on the revised plan. Councilman Sclmeler seconded the motion. -9- 2595 CITY COUNCIL MEETING October 19, 1993 LEGISLATION: The suggestion was made that it may be beneficial to hear from the applicant. (Cont'd) Attorney Knutson expressed reluctance with inviting the applicant to speak on the issue. The applicant wanted the matter acted on by the Council this evening. Highland Communities However, this is a very complicated issue, which has been discussed at length at the Final Planned Resi- staff level with the applicant and his representatives. The Planning Director has dential Development - recommended that the matter be referred back to the Planning Commission unless the Ordinance No. 2783 Council felt it had enough information on which to base a decision. (Cont'd) Councilman Wight felt he had only a minimal amount of time to examine the paperwork; he inquired as to why this was not ready for Council at the time it was placed on the agenda. Director Collins explained that what was submitted by the applicant yesterday was not consistent with what was presented to Planning Commission. When the Planning Commission made its approval, the changes that were expected to occur in the map and plat were expected to be consistent with what the Planning Commission had approved. A difference of opinion arose as to interpretation of what the preliminary plat had for exterior setbacks, and all the issues were not resolved regarding the buffer area. There was insufficient time to review all the information before tonight's meeting, and not all of the information has been provided. Mayor Hallett noted his preference that this matter not be brought before the City Council until the time all details are in place. Director Collins indicated every effort was being made by staff to not delay the applicant in this process. Attorney Knutson indicated the matter might also be resolved satisfactorily at the staff level, and that a public hearing at the Planning Commission level might be avoided. The motion, as stated, would not preclude resolution at the staff level, and the Council could opt to rescind the motion at the next meeting depending on the outcome of these efforts. Discussion followed as to the language of the motion, and Councilman Wight offered a friendly amendment to the motion: This matter is to be referred back to staff or the Harming Commission for reconsideration by Council at either the November 2nd or 16th meeting. Councilwoman Sargent consented to this amendment as did Councilman Schueler as seconder. A vote was taken on the motion, which carried unanimously. Planning Commission D. Planning Commission Minutes/Action Items Minutes/Action Items 1. Planning Commission Minutes of October 13, 1993 Councilman Wight moved to accept the Planning Commission minutes of October 13, 1993. Councilman Braun seconded the motion, which carried unanimously. Councilwoman Sargent requested that items E.6. and E.7. be brought forward on the agenda, as there were people in the audience who wished to address these issues. Council was in agreement with this request. Wetland Mitigation E. Other Considerations I. Joint project with Port - wetland mitigation Mayor Hallett reviewed the information provided by the Parks and Recreation Department. Bill Conley, Director of Airports and Engineering for the Port, reviewed the Port's efforts for wetland mitigation. Approximately one year ago, the Port applied for a permit to fill the K-Ply pond, which is about 4 acres of water area. Filling wetlands requires mitigation, which is now defined as square foot per square foot as a minimum replacement for the water or wetland area that's lost, as opposed to replacement of value and function. The Port initially proposed to construct a project on the adjacent property; Mr. Conley used a map to show the area under discussion. The proposal was to intercept the culvert that Valley Creek is in and construct an estuary or wetland. The project includes a park and tying in the to the Waterfront Trail. The Port was unable to come to terms of agreement with the various State agencies, and it became apparent they were not going to get the permit to fill the pond. The Port had to come up with more acreage to create additional wetland to meet the equal replacement role, and the replacement land had to be close to the wetland being filled. The Port became aware of'what, at the time, was the Tozier property and knew the City was close to acquiring it. He opened discussions with Scott Brodhun to see if the City was interested in building a park to anchor the east end of the Waterfront Trail, and inquired as to whether there might be a chance of incorporating a wetland area into the development of that park. A plan was devised which takes an acre and - 10- 2596 CITY COUNCIL MEETING October 19, 1993 LEGISLATION: a half out by removing rock and railroad grade and drawing back closer to the bluff. (Cont'd) In doing the excavation, the excavated material could be placed behind the new trail and bring the ~rroun~g ~!anO to the height of the railroad grade giving a water Wetland Mitigation view. It would create a flatland ready for development, as well as a beach area. (Cont'd) This alternative has been presented to the resource agencies, and they have accepted that it would meet the mitigation requirements. The Council is being asked for its support and approval of this concept. An agreement will be brought back to the Council detailing the terms of the agreement. Discussion followed, and it was noted there are no grants for mitigation, but there are grants for enhancement, and the Port hopes to get funding for the enhancement portion. The Parks Board reviewed the proposal and supported the project, particularly because of the beach area. Councilwoman Sargent moved that the City support this joint project for park development, and authorize the necessary letter of support. Councilman Schueler seconded the motion, which carried unanimously. Marine Fisheries Terminal 2. Ediz Hook Marine Fisheries Terminal - Port City Manager Pomeranz informed Council that the Port will be requested to give a status report on this project, ask City Council for support of the concept and then follow up at the next meeting with the legal instruments. Dave Hagiwara, Director of Marketing for the Port, reviewed the proposal for a Marine Fisheries Terminal on Ediz Hook. The Port is trying to diversify operations and has hired consultants to help identify new opportunities. A Marine Safety and Resources Center, which was originally called a Marine Fisheries Terminal, is one of the areas being explored. There is increasing interest by public and private entities to establish a marine response safety industry. This type of safety center would need to be located near the shipping channels, and Port Angeles is strategically placed for this type of industry. The fishing industry has also been cited as a possible area of diversification. This would entail providing services such as home port, boat repairs, radar and sonar equipment repairs, etc., to boats while they are laid up. This would utilize a lot of · the existing infrastructure now available in the community in the form of welding and machine shops, which had formerly been kept busy by the logging industry. ITT Rayonier no longer needs both log dumps out on the Hook, which they have been leasing from the City of Port Angeles. The Port felt that the unused log dump would be the logical location for this type of project. With this location in mind, the Port put together a number of proposals and went to the State to request funds to aid this effort. The State approved an appropriation of $1.5M to help build this facility; however, for eVery five State dollars spent, the Port has to match it with $6 in non- State funds. Mr. Hagiwara called the Council's attention to the artist's rendition of the project, the total of which approximates $5 million. Currently, the Port is also seeking funds at the Federal level. The Waterfront Trail will be incorporated into this project. A discussion followed with the Council asking questions regarding the project and Mr. Hagiwara further explaining the plans. Mr. Hagiwara indicated the success of this project could result in 120 new or saved jobs. Although no formal action was taken at this time, the Council members indicated their verbal support of the Port's efforts 'on this project. The Port is requesting that the leases between the City and ITT Rayonier be transferred to the Port. The lease transfers will be brought to the next Council meeting. Francis Street Basin 3. Agreement with consultant to design Francis Street basin stormwater Stormwater Improvements improvements. Mayor Hallett reviewed the information provided by the Public Works Department. Councilman Ostrowski moved to authorize the Mayor to sign an agreement with the firm of Consoer Townsend and Associates to design the Francis Street Stormwater Project, for the sum of $120,000.00, and upon review and acceptance of the final agreement by the Public Works Deparisnent and the City Attorney. Councilman Hulett seconded the motion. After a brief discussion regarding design, location and project completion, a vote was taken on the motion, which carried unanimously. -11- 2597 CITY COUNCIL MEETING October 19, 1993 LEGISLATION: 4. Selection of consultant to design Airport Road realignment (Cont'd) Mayor Hallett reviewed the information provided by the Public Works Department. Airport Road Realignment Councilman Braun moved to authorize the Public Works Department to negotiate an agreement with the firm of Alpha Engineering Group, Inc. to provide engineering services for the Airport Road/Edgewood Drive Realignment Project. Councilwoman Sargent'seconded the motion, which carried unanimously. LID Petition 5. Acceptance of LlD petition to construct street and stormwater improvements in ~0 ~ Street, from 12th to 18th Streets Mayor Hallett reviewed the information provided by the Public Works Department. Councilwoman Sargent moved to accept the petition from the property owners and authorize the Public Works Department to proceed with surveying, engineering and preliminary costs for the work. Councilman Braun seconded the motion. Councilman Wight inquired as to whether this project included sidewalks. Deputy Director Ridout explained that this was for street improvements which include curb and gutter. "O' Street is a non-arterial, non-school-walking route and sidewalks were not part of the improvement. However, if the Council wishes to direct staff to add sidewalks to the LID, this will be done. It was the general consensus of the Council that sidewalks should be added to this LID. A vote was taken on the motion, which carried unanimously. Utility Advisory 6. Expiration of terms of office - UtiNty Advisory Committee Committee Mayor Hallett reviewed the information provided by the City Clerk. Councilman Wight moved to reappoint Joe Michalczik for a two-year term to the UAC, and to direct staff to advertise regarding the vacancy for the position of community representative. Councilman Braun seconded the motion. Councilman Wight informed the Council that Mr. Michalezik has proven to be a valuable member of the UAC. He also felt that Mr. Hunt should get a letter of thanks for the wonderful job he did as the community representative for the UAC. Manager Pomeranz will. see this letter is written. A vote was taken on the motion, which carried unanimously. Representative to Z Appoint representative to serve on City of Port Angeles Human Services Human Services Funding funding designation committee. Committee Mayor Hallett reviewed the information provided by the City Clerk. Councilman Schueler expressed an interest in this position. Councilman Wight moved to appoint Councilman Schueler as the City representative to serve on the Human Services Funding Designation Committee. Councilman Braun seconded the motion, which carried unanimously. City Manager Pomeranz has spoken to the United Way Director who would like to know what the City's contribution will be for 1994. The 1993 contribution to the County Human Services Department was approximately $125,000.00. Manager Pomeranz felt that, due to the amount of money involved, United Way should not be given a number until the Council has had an opportunity to review the entire budget. The amount to be designated for human service agencies will have implications on the remainder of the budget, depending upon how much is contributed. It was the general consensus of the Council that United Way be informed that the amount cannot be determined until after budget review. A brief discussion followed regarding program funding. Service Agreement 8. Service agreement between PENCOM and Lower Elwha Klallam Tribe Between PENCOM and Lower Elwha Klallam Mayor Hallett reviewed the information provided by the Police Department. Tribe Councilman Wight moved to approve the agreement and authorize the Mayor to sign the service agreement. Councilman Braun seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Growth Management 9. Contract with State Department of Community Development for Growth Funds Management funds Mayor Hallett reviewed the information provided by the Planning Department. Councilman Ostrowski moved to authorize the Mayor to sign the contract with the State DCD for Growth Management funds. Councilwoman Sargent seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. - 12- 2598 CITY COUNCIL MEETING October 19, 1993 LEGISLATION: 10. City initiated LID (Cont'd) This item was deferred to a later date. City Initiated LID ADJOURNMENT: The meeting was adjourned at 11:44 p.m. - 13-