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HomeMy WebLinkAboutMinutes 11/02/19932599 CITY COUNCIL MEETING Port Angeles, Washington November 2, 1993 CALL TO ORDER - Mayor Hallett called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:02 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, K. Ridout, S. Hursh, Public Present: K. Butorac, A. Remley, I. Andres, S. Oliver, D. Milligan, H. Frazier, J. Jones, R. Thomas, M. Thomas, D. Schulz, L. Thomson, P. Turney, B. Turney, T. German, D. Hoff, L. Beil, G. Schaad, J. Engebretsen. ADJOURN TO The meeting adjourned to Executive Session at 6:05 p.m. to discuss two matters of EXECUTIVE SESSION: potential litigation for approximately one-half hour. RETURN TO OPEN The meeting returned to open session at 6:45 p.m. SESSION: Board of Adjustment The Council interviewed John Romiza, an applicant to fill a vacancy on the Board of Adjustment. Photo Session A group picture of the Council was taken. CALL TO ORDER - Mayor Hallett called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:09 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Chapter 9 of the Disabled American ALLEGIANCE: Veterans whose members included David Schulz, John Jones, Richard Sargent, Roy Trieder, Joel Engebretsen and Phillip Szydlek. APPROVAL OF Councilman Ostrowski moved to approve the minutes of the regular meeting of MINUTES: October 19, 1993. Councilman Hulett seconded the motion. Councilman Wight referenced Page 10, concerning the vote taken on Resolution No. 38-93. He offered the correction that the motion carded by a 4-3 vote. A vote was taken on the motion, which carried unanimously. CEREMONIAL 1. Proclamation recognizing November as Homeless Awareness Month MATTERS/ PROCLAMATIONS: Mayor Hallett read a proclamation recognizing the month of November as Homeless Awareness Month. Homeless Awareness Month Veteran's Day 2. Proclamation recognizing November 11, 1993 as Veteran's Day Mayor Hallett read a proclamation recognizing November 11, 1993 as Veteran's Day. -1- T I- '? 2600 November 2, 1993 CITY COUNCIL Councilman Hulett reminded the Council that the Peninsula Visitor and Convention COMMITTEE Bureau is having a meeting tomorrow night at 7 p.m. with guest speaker Christine REPORTS: Lewis, Director of Washington State Film and Video office, He has attended several Reinventing Government meetings and hopes to have a report for the Council by the first meeting in December. Councilman Ostrowski attended the Multimodal Transportation Program where they are still discussing the criteria to use for the various applications. Councilman Wight was involved in the Real Estate Committee meeting. These matters are on tonight's agenda. Councilman Schueler attended the Health Advisory Committee meeting today. The committee is working to produce finalization of a community health plan to reduce health risks to people in the community. The committee hopes to have the plan ready by mid-January. Councilman Schueler also attended a meeting on the City's quarterly newsletter. Councilman Braun attended the Capital Finance Committee meeting. The Committee has gone over projects which will be presented to Council for review during the budget hearings. Councilman Braun also attended the Real Estate Committee meeting. Councilwoman Sargent presided at the AWC legislative subcommittee meeting in Seattle, which is dealing with fiscal and transportation issues. It has been suggested that one of the priorities should be the Public Works Trust Fund set on a two-year level so advance planning can take place. FINANCE: None. CONSENT AGENDA: Councilman Ostrowski moved to accept the Consent Agenda, including: (1) Final acceptance of 8th Street and Peabody Creek Culvert repair project 92.17; (2) Final acceptance of Peabody Reservoir lining project 93.22; (3) Voucher list of October 29, 1993, for $1,707,352.40; and (4) Payroll of October 24, 1993 for $329,566.26. Councilman Braun seconded the motion, which carried unanimously. ITEMS FROM THE Councilman Schueler wished to address Juan de Fuca the Explorer, which was added AUDIENCE/COUNCIL/ as Item E. 8. to the agenda. STAFF TO BE CONSIDERED OR Councilman Hulett requested a brief discussion of the sequence of agenda items. PLACED ON A This was added as Item E.9. to the agenda. FUTURE AGENDA: Councilman Braun informed the Council that the fire station at Fifth and Laurel Streets is just about down. Councilman Wight referenced his request from the last Council meeting to discuss a possible City-sponsored LID, specifically for that portion of Fifth Street where the City is the owner of property on both sides of the street. He queried as to whether the City could participate in an LID with the adjacent property owners and asked that staff be prepared to discuss this possibility at the next meeting. Mayor Hallett noted the correspondence from United Way on Human Services funding. Councilman Wight asked that the next agenda include a discussion concerning a municipal golf course. Homer Frazier, Sequim, addressed the Council and reported, he has attended meetings in the Seattle area on the subject of revising procedures for siting energy facilities. He advised the Council that he has already met with City Manager Pomeranz and City Attorney Knutson to discuss this matter. In February, the State Legislature passed a law proclaiming that the present procedures for siting energy facilities were outdated. They required formation of a committee to study the matter. The committee consisted of two State Senators, two State Representatives, representatives of gas and electric utility companies, a representative of one city, Des Moines, and a representative of King County. The trend in this discussion was to do away with the Energy Facility Site Evaluation Council. King County has taken a position that EFSEC be replaced with a process for local control over energy facilities regardless of the size of the facility. It is hoped that a plan will be ready for presentation to the Legislature by mid-December. Mr. Frazier suggested that this -2- 2601 CITY COUNCIL MEETING November 2, 1993 ITEMS FROM THE may be the most opportune time for the City to get involved. There will be public AUDIENCE/COUNCIL/ hearings held, however, the impact would be greater if contact was made now. STAFF TO BE CONSIDERED OR Attorney Knutson indicated that, if the Council agrees, a letter could be submitted PLACED ON A to this committee based on the City's experience with the Transmountain and FUTURE AGENDA: Northern Tier proposals. Attorney Knutson suggested there should be a requirement (Cont'd) that the need for the project be established before an application is submitted and the project commences. Additionally, he suggested the Legislature should be asked to change the process so that local land use plans cannot be pre-empted by State law and so that affected local governments have voting members on the siting council. Councilwoman Sargent thanked Mr. Frazier for bringing this to the Council's attention and felt that Attorney Knutson's suggestions regarding points to make to the Committee would be extremely valuable. Councilman Wight moved to authorize the City Manager to draft the appropriate letter and authorize the Mayor to sign it. Councilwoman Sargent seconded the motion. After a brief discussion a vote was taken on the motion, which carried unanimously. Ralph Thomas asked to address Item E.5. on the agenda, regarding the sale of lots to Serenity House. Mayor Hallett informed Mr. Thomas that a public hearing was not scheduled on this matter, but that Mr. Thomas would be able to address this issue when it came up on the agenda. LEGISLATION: A. Public Hearings None. Zoning Code Amendment B. Ordinances Not Requiring a Public Hearing Paulin - Ordinance No. 2783 1. ZONING CODE AMENDMENT- ZCA 93(10)03 - PAULIN, CSD-C1, Community Shopping Districts, City-Wide: (City Council meeting of October 19, 1993.) Ordinance making residential uses as in the RHD, Residential High Density District, permitted uses in the CSD-C1, Community Shopping District. Mayor Hallett reviewed the information provided by the Planning Department, and read the Ordinance by title, entitled ORDINANCE NO. 2783 AN ORDINANCE of the City of Port Angeles permitting residential uses in the CSD-C1, Community Shopping District, and amending Sections 17.24.040 and 17.24.160 of the Port Angeles Municipal Code and Section 7 of Ordinance No. 1709, as amended. Councilman Braun moved to adopt the Ordinance as read by title, citing the following Findings and Conclusions: Findings: (1) The proposal is to allow those residential uses that are permitted in the RHD, Residential High Density zone to be permitted in the CSD-C1, Community Shopping District, and to eliminate the requirement for a conditional use permit for single family residences and duplexes on "C" Street between Ninth Street and Lauridsen Boulevard; (2) There is a trend toward allowing residential uses within commercial zones. Every commercial zone in the City already allows residential uses. The OC, Office Commercial and CN, Neighborhood Commercial zones are the only ones that allows single family residential uses. The other zones allow multi-family uses; (3) The CSD-C1 zone is intended to be located in close proximity of residential land uses and roughly 75 % of the CSD-C1 property abuts single family zoned areas; (4) There is still a strong core of single family residential homes located within the CSD-C1 zone. There has also been some demand for single family homes that have been converted to commercial uses to be converted back to residential; (5) Residential uses in the commercial zone are subject to more exterior nuisance impacts than those in residential zones. Impacts include noise from vehicles and people, glare from vehicles, and .parking lot lights and traffic hazards; (6) There are several Comprehensive Plan Goals, Policies and Objectives identified which are most relevant to the proposal. Those include Goals Nos. 1,2,3 & 5; Residential Policies 11 and 15-17; Commercial Policies Nos. 3, 5 & 12; Circulation Objective No. 1; and Land Use Objectives Nos. 1 & 2; (7) The higher intensity commercial use zones may have commercial uses that create vehicular and non-vehicular impacts on adjacent uses including noise, glare, pedestrian safety and traffic congestion; (8) -3- 2602 C-TrY COUNCIL lVllk-iFFIING November 2, 1993 LEGISLATION: Eighth and "C" Streets where the CSD-C1 zoned properties are located are identified (Cont'd) as arterial streets; (9) The purpose of the CSD-C1 zone district is to provide daffy commercial services in close proximity to residential uses; and (10) A Determination Zoning Code Amendment of Non-Significance: (DNS).~was issued by the City of Port Angeles SEPA Paulin - Responsible official for the proposal on September 14, 1993. Conclusions: (A) Ordinance No. 2783 The Zoning Code Amendment is in the public use and interest.. It will allow for (Cont'd) residential uses in the less intensive CSD-C1 zone consistent with the historical land use pattern; (B) The Zoning Code Amendment is consistent with the Comprehensive Plan, in particular, the land use diagram which identifies Eighth and 'C' Street corridors as urban residential and with the several goals, policies and objectives that encourage land use compatibility (Goal No. 3; Commercial Policy No. 3; and Land Use Objectives Nos. 1 & 2); (C) The proposed amendment is consistent with the intent of the CSD-C1 zone as the zone is intended to provide commercial uses in close proximity to residential uses; (D) The relative stability of residential uses in the CSD-C 1 zone provides an indication that less intensive commercial use impacts are - not so detrimental that they are driving people away from living there; and (E) To add single family uses as a permitted use could reduce the potential of new commercial uses in the CSD-C1 zone, but it is not believed it would inhibit commercial development that is compatible with low density residential uses in those areas. Councilman Schueler seconded the motion and noted typographical errors in the Ordinance, as well as the Conclusions, which were so noted by Clerk Upton. A vote was taken on the motion, which carried unanimously. C. Resolutions Not Requiring Public Hearings None. Planning Commission D. Planning Commission Minutes/Action Items Minutes/Action Items None. Appointment to Board E. Other Considerations of Adjustment 1. Appointment to Board of Adjustment Mayor Hallett explained that currently there are two openings on the Board of Adjustment. One candidate was interviewed earlier this evening. Councilwoman Sargent moved to appoint John Romiza to the Board of Adjnstment to fill the vacancy created by the resignation of John Teichert, whose term expires 3/1/97. Councilman Ostrowski seconded the motion, which carried unanimously. Usage of 134 West 2. Salvation Army building usage of 134 West Front Street from November I Front Street - Old through January 4, 1994 City Hall Mayor Hallett reviewed the request submitted by the Salvation Army, and Manager Pomeranz indicated it is staffs recommendation that this request be approved. Councilman Ostrowski moved to allow the Salvation Army use of the building as requested. Councilwoman Sargent seconded the motion. Councilwoman Sargent wished to express her appreciation to the Salvation Army for their service to the community. Attorney Knutson noted that, as in past years, there will be a contract for the Mayor's signature in conjunction with this request. The Council agreed that a contract would again be appropriate. A vote was taken on the motion, which carried unanimously. Human Services Funding 3. City Human Services funding criteria Mayor Hallett referenced the letter from United Way and inquired if anyone on the Council had a specific concern regarding the proposed criteria and funding categories. Manager Pomeranz advised Council that these will be used as a guide to which agencies they fund and the extent of the funding. Councilman Ostrowski questioned if the funding would be comparable to past years. Manager Pomeranz explained that the amount of funding is basically the same as last year's, however, the process will be different. Councilwoman Sargent was pleased to see that one on the points of emphasis was on prevention. Brief discussion followed, and the Council expressed general support of the criteria and funding categories. -4- 26O3 CITY COUNCIL MEETING November 2, 1993 LEGISLATION: 4. Lease of Ediz Hook lots to Port of Port Angeles (Cont'd) Mayor Hallett reviewed the information provided by the Real Estate Committee. Lease of Ediz Hook Councilman Wight commented on the negotiated lease amount of $15,000 per year, Lots which is more in keeping with a recommendation from the State to maintain leases at current market value. This effort can be viewed as a joint economic venture which is good for the Port and the City. Councilman Wight noted the lease agreement has been tied to the Puget Sound CPI and that increases in the lease amount will occur every three (3) years. During the deliberations of the Real Estate Committee, consideration was given to the time sensitive nature of this agreement in view of the Port's need to proceed with the marine fisheries project. Councilman Wight moved to approve the lease and authorize the Mayor to sign it after review, approval and acceptance by the Port of Port Angeles. Councilman Braun seconded the motion. It was noted that staff recommended that any further modifications to the lease requested by the Port and deemed substantial by the City Attorney be brought back to the Council for review and approval. .Discussion followed with regard to the lease with ITT Rayonier and the fact they had curtailed most of their activities on the leased property. Property Manager Ridout reported the City has received approximately $12,900 this year from ITT, which represents a portion of the lease. It is expected the City will receive additional payments and hopes to successfully obtain access through I~F Rayonier's property for a continuation of the waterfront trail. Councilwoman Sargent inquired as to the status of the City's lease with the Federal Government as it relates to the Elwha dam legislation. Attorney Knutson responded that a new 100-year lease would go into effect if the federal government acquires the dams. If not, the City has 20 years left on the original lease. Councilwoman Sargent asked how the City could negotiate a 30-year lease when it only has 20 years ' left. Property Manager Ridout responded there is a caveat in the lease agreement to protect the City should such a situation arise. City Manager Pomeranz offered two additions to the lease: first, the Port must concur with the location of the waterfront trail and second, the construction shall not interfere with the waterfront trail and shall be compatible with and not interfere with the waterfront trail. A vote was taken on the motion, which carried unanimously. Offer from Serenity House 5. Offer from Serenity House for 6 lots at 18th and ~En Street for Purchase of City Property Mayor Hallett reviewed the information provided by the Real Estate Committee. Councilman Wight provided a brief historical review of discussions that have taken place over the past two years regarding Serenity House's efforts to obtain property for an emergency shelter. Councilwoman Sargent requested that any members of the public who wished to express their views do so at this time. Jim Nelson, 1121 W. 17th Street, felt that if the City accepts this proposal as written it is taking a position on the rezone itself. The donation of $28,000 is equivalent to a statement to the general public that the City of Port Angeles and/or the City Council is taking the position that the rezone is in the best interest of the City. It was Mr. Nelson's opinion that the City cannot accept this offer until such time as public hearings are held. Ralph Thomas, 1217 W. 19th Street, echoed the sentiments of Mr. Nelson. He also felt that acceptance of this offer would amount to pre-approval of the rezone, which isn't right. Mayor Hallett read the contingencies of the purchase to the audience, specifically relating to the requirement that a grant be secured by Serenity House by May 1, 1994, and that a rezone of the property be obtained. With regard to the rezone, the Mayor explained that the applicant must still go through due process for the rezone, which includes public hearings at the Planning Commission level and at the City Council level. Attorney Knutson explained that the language the Mayor had read was drafted in an attempt to address the conflict of interest/appearance of fairness problem by making it clear that a rezone was not guaranteed and that the buyer was assuming the risk that the rezone could be denied. The problem with having the rezone hearing before the earnest money agreement is twofold. One, Serenity House has some urgency about getting its grant application submitted, and two, if that approach is taken and the property is rezoned, then the City is committed to changing the zoning for future buyers, should this endeavor not succeed. -5- 2604 November 2, 1993 LEGISLATION: Councilwoman Sargent expressed discomfort with the agreement. She inquired as (Cont'd) to what would happen if the agreement were signed, the grant received and then the rezone denied. Attorney Knutson responded he was not aware of the terms of the Offer from Serenity House grant. He no~,)t. ,w~,.~.~Oi~~ that Serenity House would not be able to accept the for Purchase of City grant funds un'lesS arran~enients were made with the grant awarder to try for another Property (Cont'd) location. Councilwoman Sargent reiterated her discomfort with the process and indicated she would be voting in opposition. Mayor Hallett felt the issue of a rezone should stand or fall on its own merit. The fact that the City has entered into this agreement should in no way enter into the rezone discussion. He felt comfortable that a rezone could stand on its own, but agreed with Councilwoman Sargent that if grant money is going to be received it should be known in advance whether or not it could be used. Councilman Wight commented that it is often typical for an agency to seek granting funding from more than once source. It can be extremely difficult to orchestrate all of the details in order to have a project materialize. He felt that the Council would not be taking a position on land use and agreed a rezone must stand on its own merit. On the other hand, the City's involvement speaks to its commitment for low income housing, as well as the health and welfare of the citizens of the community. Councilman Schueler moved to accept the offer from Serenity House and enter into a contract, subject to the contingencies set forth. The motion was seconded by Councilman Wight. Klm Butorac, 1214 W. 19th Street, sought clarification as to the City Council's intentions with this motion. Mayor Hallett explained that if the motion passes the City will enter into a contract with Serenity House to offer the property for $72,000 cash, subject to the contingencies to-secure funding and obtain a rezone. Ms. Butorac wanted it made clear that there is a possibility that the rezone will fail. Mayor Hallett replied that this was correct and requested that Planning Director Collins explain the rezone process, which he did. Ms. Butorac informed the Council that the neighborhood appeared this evening because they feared they would not be given a chance to express their fears and opinions on this issue. Mayor Hallett explained that the time to do this would be at the public hearings which will be held during the rezone process. Councilman Wight added that this type of contract was not unusual in the course of everyday business, as often times there is a contract which precedes a rezone application. The City's decision-making process must stand up to scrutiny. Ms. Butorac suggested that if the City wanted to sell these six lots, that they be put on the market for $16,000 each and offered to lower income people who are attempting to purchase land and/or homes under the FHA. Mayor Hallett encouraged the neighbors to talk to Serenity House about their concerns and seek information regarding the use of the land. Lengthy discussion followed. Betty Longshore, 1114 W. 16th Street, felt that the City Council has encouraged Serenity House so much that she had a hopeless feeling on this. Ralph Thomas, 1217 W. 19th Street, indicated that by accepting this offer tonight the City Council is asking the neighborhood to come to the public hearings and speak out against Serenity House and the homeless, which is something the neighborhood doesn't want to do. Glenda Schaad, 219 Hawthorne Place, a landowner in the area under discussion, wished to give the Council some feedback on the use of taxpayer money. She felt that by accepting this offer the rezone becomes a done deal. Councilman Schueler reminded everyone that Serenity House has worked long and hard to realize its goal of a transitional housing facility. He emphasized the fact that the community is the entire City of Port Angeles and everyone in it, not just that part under discussion tonight. There is a bigger issue at stake than just these six lots. A vote was ~. ken on the motion, which carried by a 5-2 majority vote, -6- 2605 CITY COUNCIL MEETING November 2, 1993 LEGISLATION: 6. Shoreline Master Program consultant selection process (Cont'd) Mayor Hallett reviewed the information provided by the Planning Department. Shoreline Master Program Consultant Councilwoman Sargent moved to authorize the Planning Deparh~.ent to negotiate an agreement for consulting services starting with the highest rated consultant, for the update of the Shoreline Master Program. Councilman Hulett seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Interlocal Agreement 7. lnterlocal agreement with Cities of Sequim and Forks, Clallam County and for Growth Management the City of Port Angeles for 1993-94 Growth Management funding Funds Mayor Hallett reviewed the information provided by the Planning Department. Councilman Ostrowski moved to authorize the Mayor to sign the agreement. Councilman Braun seconded the motion, which carried unanimously. Greek Festival 8. Greek Festival - Juan de Fuca - Victoria Councilman Schueler understood that the Mayor and Deputy Mayor were not available to attend the Greek Festival in Victoria. He and his wife would like to represent the City at this function, which was agreed to by the Council members. Agenda Sequence 9. Sequence of items on the agenda Councilman Hulett expressed concern with the sequence of items on the Council's agenda, particularly the public heatings. Often times, individuals pay for babysitters in order to attend the hearings, or consultants or lawyers are present to represent applicants during these hearings. He felt it would be more appropriate to conduct the public hearings earlier in the agenda. City Manager Pomeranz offered to further review the agenda and return with a recommendation. City Manager Pomeranz referenced agenda Item E.4. concerning the lease of Ediz Hook lots to the Port. He clarified that Section 3 of the lease was written specifically for the Marine Fisheries project. Chief Glenn informed the Council that, over the weekend, Councilman Braun came upon a vehicle fire and had the presence of mind to run into a nearby business, grab a fire extinguisher and put out the flames. The Council applauded Councilman Braun for his efforts. ADJOURNMENT: The meeting was adjourned at 8:55 p.m.