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HomeMy WebLinkAboutMinutes 11/05/1996 3386 CITY COUNCIL MEETING Port Angeles, Washington November ~, 1996 CALL TO ORDER - Mayor Ostrowski called the regular meeting of the Port Angeles City Council to REGULAR MEETING: order at 7:00 p.m. ROLL CALL: Members Present: Mayor Ostrowski, Councilmembers Braun, Campbell, Doyle, Hulett, and McKeown. Members Absent: Councilman Wiggins. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, B. Becket, B. Collins, K. Godbey, S. Ilk, J. Pittis, B. Titus, K. Ridout, and G. Kenworthy. Public Present: M. Perzel, R. &L. Olsen, S2 & H. Long, T. Harris, P. Borup, E. Tschimperle, S. & A. Tikka, E. Saar, V. Erlwein, J. Ralston, N. & K. Bogues, and S. Mathews. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Ostrowski. ALLEGIANCE: APPROVAL OF Councilman Braun moved to approve the minutes of the regular .meeting of MINUTES: October 15, 1996. Councilmember McKeown seconded the motion, which carried unanimously. CEREMONIAL I. Recognition of Port Angeles as Regional Site for Celebration of Veterans MATTERS/ Day PROCLAMATIONS: Mayor Ostrowski read a Certificate of Recognition designating Port Angeles as a Port Angeles as Regional regional site for the celebration of Veterans Day. He invited all in attendance to a Site for Celebration of celebration at the Coast Guard Station. Veterans Day FINANCE: None. CONSENT AGENDA: Councilman Doyle moved to accept the Consent Agenda, including: (1) Declare Contract C196-1 for annual distribution transformer purchase complete; (2) Payroll -October 20, 1996 - $364,049.10; and (3) Voucher list - November 1, 1996 - $588,953.79. Coundlman Hulett seconded the motion, which carded unanimously. ITEMS FROM THE Utilities Deputy Director Titus asked that discussion be held concerning the AUDIENCE/COUNCIL/ comments of the Western Public Agencies Group on the Draft Report of the STAFF TO BE Comprehensive Review of the Northwest. This was added as Agenda Item D.6. CONSIDERED OR PLACED ON A Manager Pomeranz asked that the matter of the Rayonier Closure Response Team FUTURE AGENDA: be added to the agenda for discussion as Item D.7. Councilman Doyle informed the Council members that he had accepted an invitation from the Washington Medical Association to accompany a physician for a day. He felt the opportunity was most interesting. Councilman Campbell recognized the fact that the City had again received a Distinguished Budget Presentation Award from the Government Finance Officers Association. He lauded the efforts of Finance Director Godbey and staff. Manager Pomeranz added that this distinction is something of which the City can be proud. PUBLIC HEARINGS: Prior to conducting the public heatings, Mayor Ostrowski asked that Planning Director Collins clarify the issue pertinent to public heatings. Director Collins explained that, based on new law, a procedural change has been instituted where only one public hearing can be held on a permit. Therefore, this public hearing will -1- 3387 CITY COUNCIL MEETING November 5, 1996 PUBLIC HEARINGS: be conducted before the City Council and not the Planning Commission. (Cont'd) Annexation Petition - 1. Annexation Petition - ANX96(09)O1 - deChantal/Melton, East and north of deChantal/Melton- the Campbell/Wabash intersection. Request to annex approximately 16 Ordinance No. 2934 acres to the City of Port Angeles. Mayor Ostrowski invited Director Collins to explain the details pertinent to the proposed annexation. Using the overhead projector, Director Collins displayed maps establishing the annexation area. He noted the topographical nature of much of the area, as approximately one-third of the eastern area lies in the Whites Creek Ravine. The City limits would be on three sides. Director Collins noted that not all of the area properties had been included in the annexation request. Also, he advised the Council that the conditions made a part of the proposed ordinance had been decreased to two: a required right-of-way dedication and non-protest agreements. Mayor Ostrowski opened the public hearing at 7:20 p.m. Joe Melton, 1503 W. 7th Street, indicated that the original conditions, as written, would have proven difficult. With the revisions noted, he felt the conditions to be more acceptable. Mayor Ostrowski closed the public hearing at 7:21 p.m. and read the Ordinance by title, entitled ORDINANCE NO. 2934 AN ORDINANCE of the City of Port Angeles annexing approximately 16 acres located east and north of Campbell Avenue into the City of Port Angeles. After limited discussion, Councilman Braun moved to adopt the Ordinance as read by title, subject to Conditions 1 - 2 and citing Findings 1 - 12 and Conclusions A - J, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. The motion was seconded by Councilman Hulett and carried unanimously. Rezone Request - Ralston 2. Rezone Request - REZ 96(10)02 - Ralston, Northwest corner of Park~Porter Streets: Request for rezone of 4 + acres of property from RS-7 and RS-9, Residential Single Family, to RMD, Residential Medium Density Director Collins used the overhead projector and displayed the area being considered for rezone. He noted that written comments had been submitted by the public, copies of which were made a part of the Council's packet. Director Collins indicated there appears to be some confusion between the Comprehensive Plan designation, which is Medium Density Residential, and the zoning designation of Residential Medium Density. He clarified that zoning must be consistent with the Comprehensive Plan, which is intentionally not site specific, Director Collins advised the Council that another issue related to the rezone is that of adequate infrastructure in the area. Whatever development that might be pursued would require an upgraded infrastructure to meet the needs of residents at that location. Councilman Hulett asked for more specific information, and Director Collins stated the urban services standards would have to be met, i.e., 60 feet of right-of-way, with sidewalks, sewer improvements, Porter Street improvements to include curb, gutter, and sidewalks, as well as improvement to Highland Avenue. Discussion ensued concerning the size of the lots and the possible need for replatting. Director Collins indicated the current property lines would have to be respected in terms of development, or replat the property, or do a zoning lot covenant before building could happen across property lines. Director Collins also indicated that stormwater management requirements would have to be met. Discussion followed concerning stormwater drainage from the property as well as that which drains on to .the property. Mayor Ostrowski opened the public hearing at 7:40 p.m. John Ralston, P. O. Box 1405, 850 Church Street, addressed the Council as the applicant for the rezone. He indicated he concurred with the staff report and added that he was aware of concerns expressed relative to street improvements. He acknowledged that he would be required to bring the infrastructure up to standard. Using the overhead projector, he referenced the Comprehensive Land Use Map in showing his parcel of land. He felt the area to be favorable for an RMD -2- 3388 November 5, 1996 PUBLIC HEARINGS: designation, as he could accommodate more units. Also, with RMD, he would be (Cont'd) required to incorporate landscaping, which would not be required under RS-7. Further, the setbacks in RMD are greater than in RS-7, which he delineated. The Rezone Request - Ralston property has been on the market for about two years, and the only serious inquiries (Cont'd) were associated with a project in senior citizen housing which would be a natural connection to the Crestwood Convalescent Center. Councilman Doyle referenced one of the written comments by asking how long Mr. Ralston has owned the property. Mr. Ralston responded he purchased the land in 1993, after which time he obtained a rezone to RS-7. It has been for sale as RS-7 at what he thought was a fair price; however, those parties interested in such a purchase have expressed interest in RMD zoning. Loran Olsen, 1132 Highland Avenue, expressed his appreciation at being able to make a presentation on behalf of his neighbors. He indicated this is the first opportunity to present verbal testimony, and he referenced various letters submitted pertinent to this rezone request. Mr. Olsen indicated his desire to emphasize four points. More specifically, he referenced the Zoning Code language wherein zoning changes may be.granted if circumstances have changed and if the public interest is served. Describing the Highland Avenue area, Mr. Olsen stated it is presently a quiet, dead end street with 5 houses on the south. Mr. Ralston's first rezone in January, 1993, resulted in changing Lots 1 - 4 from RS-9 to RS-7. With the aid of overhead maps, Mr. Olsen indicated this means that 8 new families could be added for a 200% increase in street use. Under the RMD zoning, allowing up to 15 units per acre, the street could have apartments with 30 new families, for an increase of 600%. He felt Highland could not support RS-7 zoning and, therefore, could not support the increase resulting from RMD. With the use of another overhead, Mr. Olsen described the specifics concerning'size and age of the present sewer lines. Having spoken to a field foreman during repairs on the line on Porter Street, he asked if the sewer could handle another 60 units. The foreman apparently didn't think this would be possible and he estimated that a replacement on Park could approach $300,000. Should this be necessary, Mr. Olsen asked who would pay these costs. He concluded that the public interest would not be served by a rezone. Mr. Olsen stated that Mr. Ralston's previous rezone included language where a demand existed for affordable housing. The current rezone proposal indicates an RMD would be a transition zone. Using a map overhead, Mr. Olsen cited an area within a 2500 foot radius of the site; their engineer determined that within 450 acres encompassed by the circle, 7.8 % of the land is presently zoned for multifamily use but the entire city has only 4 % multifamily use. Their region holds almost twice the multifamily zoning ~epresented by the entire City and, according to City figures, 32% of that is presently vacant. Mr. Olsen, therefore, questioned the need for increasing the number of RMD acres in this particular location. The Planning staff report refers to the Comprehensive Plan Land Use Map, which Mr. Olsen referenced in an overhead. In addition to existing medium density, there are areas already planned for medium density such as that area south of Craig and Campbell, as well as on Race and 7th, meaning those areas will more than exceed double the multifamily densities of the whole city. Mr. Olsen reiterated this second rezone would not serve the public interest. Councilman Campbell asked for Mr. Olsen's views with regard to comments received on problems currently existing with the infrastructure, noting that the Planning Director had indicated that all of these problems would have to be dealt with before development could take place. He wondered if this wouldn't be an improvement to the neighborhood. Mr. Olsen indicated the neighborhood would applaud certain types of development but, for example, senior housing could be accommodated under the RS-7 zoning. However, the neighbors would like to know what is being planned, as they don't care for the potential of 60 family units in a 4 1/2 acre section impacting their lives. At this point, Councilman Hulett advised Mr. Olsen that a rezone request cannot be p ~,_~ 0~s~ific. Also, Councilman Braun noted the Planning Commission recommended ~l approval of the rezone with a 3 - 2 vote. Councilman Doyle advised Mr. Olsen that ~ if the property were rezoned to RMD, then a project could be pursued without their input. On the other hand, a project built under RS-7 could have their input via a Conditional Use process. Councilman Hulett inquired as to whether Mr. Olsen would prefer a public hearing before the Planning Commission as opposed to the City Council, to which Mr. Olsen responded the Planning Commission would be preferred. After limited discussion, Councilman Doyle felt the public interest might be better served with the hearing before the City Council, particularly because the Council still has to make the final decision. Discussion followed, and Councilman Campbell felt the City had a system in place for years that worked quite well and the -3- 3389 CITY COUNCIL MEETING November 5, 1996 PUBLIC HEARINGS: effort should be m~de to return to that system. (Cont'd) Bill Mercer, 1127 Gr~nt Avenue, asked by a show of hands how many neighbors in Rezone Request - Ralston the audience were opposed to this rezone. After approximately 15 people raised their (Cont'd) hands, Mr. Mercer felt that if the rezone were approved, an apartment complex would be developed. In driving south on Porter, he counted 128 units which he considered to be shacks. Another 60+ units could possibly be the same thing. Three years ago, he purchased a lot for his retired mother, and he has worked very hard to build a nice single family unit in what is basically a nice, quiet neighborhood. Mr. Mercer ~ldressed problems concerning drainage, and he concluded his remarks by stating his opposition to the rezone. Councilman Braun asked Mr. Mercer if an L.I.D. would be acceptable for correcting the existing problems, to which Mr. Mercer responded he would support improvements in the area, but he could not 'rubber stamp ' this request. Councilman Campbell asked if development would help solve some of the area problems, would they be supportive. Mr. Mercer indicated that he would not support a 60-unit complex in order to solve a drainage problem. Ginger Erlwein, 63 Draper Valley Road, has owned a home on Grant Avenue since 1975. She thought the area was a very nice, quiet area for raising a family. She indicated the area under consideration for rezone is a swamp land, and she presented pictures to the Council showing where flooding has taken place over the years. She has sought the assistance of previous City Councils and has photos on file from past years showing her house filling with water. This has not been corrected in 20 years, and Ms. Erlwein described the seriousness of the situation, citing the fact that a child was taken through the culvert by rushing water. There are several problems which must be addressed because of the standing water. Previous LIDs have be~n voted down, and previous City staff members have indicated there was nothing that could be done to prevent the water problem. She felt the need to have this problem addressed before any further development is allowed with its associated impacts. Paul Borup, 1111 South Race, indicated that residents have purchased their homes based on the zoning in place. They rely on their elected representatives to maintain the area the way it was when they purchased their homes. Therefore, he felt it would not be fair for the plans on which these residents based their decisions to be arbitrarily changed. There being no further testimony, Mayor Ostrowski closed the public hearing at 8:23 p.m. Lengthy discussion followed concerning the flooding problems addressed by Ms. Erlwein, and Public Works Director Pittis indicated resolution would be very costly. This is one of the areas which is targeted as a study area, but there have been no resources to address the problem. Further, Director Pittis stated this is one of about five such areas in the City. Planning Director Collins advised the Council there is a public hearing this evening portinent to the Stormwater Management Plan, which deals with stormwater throughout the City. Also, he reiterated that any development on site will have to meet storm drainage management standards imposed on the property. Discussion followed concerning necessary improvements for the area under consideration. Specific to the rezone request, Councilman Campbell referenced the Comprehensive Plan, noting the boundary between RMD and RS-7 is on Park Avenue. In this case, it appears the argument can be made that this rezone would not be consistent with the Comprehensive Plan. Also important to note is the recent rezone to RS-7 from RS-9 and the request now for even another rezone to accommodate another type of development. He felt there are other mechanisms in place by which the applicant can accomplish what he is trying to achieve. Councilman Doyle agreed, as the property is outside the RMD zone on the map. The property in question was up-zoned with more density allowed. Also, the City Council denied a rezone of 18 + acres on Campbell Avenue because there was enough RMD in the City. It has been pointed out this evening that this particular area has a large percentage of RMD zoning now. Therefore, Councilman Doyle moved to deny the rezone. The motion was seconded by Councilmember McKeown. Attorney Knutson advised the Council there needs to be an understanding that staff would prepare findings and conclusions consistent with the denial for consideration at the next meeting. Councilman Doyle agreed to amend the motion accordingly, as did Councilmember McKeown. A vote was taken on the motion, which carried unanimously. Break Mayor Ostrowski recessed the meeting for a break at 8:35 p.m. The meeting reconvened at 8:55 p.m. -4- 3390 November 5, 1996 .PUBLIC HEARINGS: 3. Final Subdivision of Highland Commons - Melody Circle: Request for (Cont'd) approval of a final subdivision of four lots in the RttD, Residential High Density Zone Final Subdivision - .~ Highland Commons Planning DireCt°r ~011ins; with the use of the overhead projector, summarized for the Council the details pertinent to final subdivision approval. Preliminary plat approval for this subdivision was given by the Council this past April. The project has had several changes since it was originally proposed. City Engineer Kenworthy reported the City received a $221,000 bond to cover improvements to Melody Lane; improvements to Lot 4, which is the open space lot; restoration of a walkway around the entire site; and restoration of buffer enhancements. Also, Engineer Kenworthy indicated the City is in receipt of a maintenance agreement for the storm drain swail facilities on site, It requires additional agreements for each lot as they are developed. Therefore, the conditions of the plat have been met. Director Collins said the preliminary plat conditions have not been met entirely, in some instances where installation or improvements were to have been made, the City has accepted bonding. Improvements to Melody Lane, a requirement of the final plat application, will not be accomplished until next spring, as Engineer Kenworthy would not like to have this type of work done until the weather improves. Councilman Campbell inquired as to whether bids have been let, to which Engineer Kenworthy responded there is presently an engineer's estimate, plus the bonding is for 150% of that estimate. Mayor Ostrowski opened the public hearing at 9:02 p.m. Bob Leach, 707 South Peabody, identified himself as the project engineer. He indicated his willingness to answer any questions that may arise. Councilman Campbell asked 'if there was any question in his mind that the improvements can be accomplished within the bounds of the .bond. Mr. Leach was confident the improvements could, in fact, be accomplished as stated. Sarah Mathews, 736 Christman Place, asked the Council to consider an additional bonding condition, that being related to the end of Lot 1 where the soil has been graded and leveled. In viewing the area from the south, the land is leveled and a ditch has been created to drain over into the wetland area as a temporary measure. In viewing the area from Ms. Mathews backyard, there is a four foot high heap of dirt that wasn't in place when the preliminary plat was approved. Ms. Mathews asked that a bond to guarantee removal of the soil would be the most business like manner in which to deal with the situation. Discussion followed, and Engineer Kenworthy, in responding to an inquiry from the Council, indicated the City is aware of the situation. The dirt Ms. Mathews is referring to is excess dirt from the construction. Engineer Kenworthy assured the Council the area would be monitored, particularly for siltation control. He has not required any additional bonding, as the City is very much aware of the original elevation. Planning Director Collins noted he had discussed the issue with the applicant, who planned to grade the area to the level of Melody Circle. He understood Ms. Mathews' concern with a possible change in the ground level, as the structures may be at a somewhat higher elevation. Councilman Campbell asked if the preliminary plat included the final elevations for the lot, to which Director Collins responded he didn't believe so. Councilman Campbell felt it would be difficult to require specific elevations, but Director Collins was not certain approval of the plat included raising the elevation by four feet. Ms. Mathews indicated she had talked to the developer who informed her the dirt was temporary storage and would be removed. There being no further testimony, the public hearing was closed at 9:15 p.m. After further discussion, Councilman Campbell moved to approve the Highland Commons Subdivision as a replat of Lots 2 and 3 of the German Short Plat No. SHP 92(09)14, subject to Conditions 1 - 8 and citing Findings 1 - 15 and Conclusions A - D, as set forth in Exhibit "B", which is attached to and becomes a part of these minutes. Director Collins clarified that the Council is approving the subdivision as revised on October 23. The motion was seconded by Councilman Braun and carried unanimously. Councilman Hulett moved to authorize the Mayor to sign the mylar for the final plat. The motion was seconded by Councilman Campbell and carried unanimously. -5- 3391 CITY COUNCIL MEETING November 5, 1996 PUBLIC HEARINGS: 4. Adoption of Stormwater Management Regulations (to be continued) (Cont'd) Mayor Ostrowski reviewed the information submitted by the Planning Department Stormwater Management and opened the public hearing at 9:20 p.m. Councilman Doyle moved to continue Regulations the public hearing to December 3, 1996. The motion was seconded by Councilman Braun and carried unanimously. City-wide Transportation 5. Consideration of a City-wide Transportation Plan (to be continued) Plan Mayor Ostrowski reviewed the information submitted by the Planning Department and opened the public hearing at 9:22 p.m. Councilmember McKeown moved to continue the public hearing to December 3, 1996. The motion was seconded by Councilman Doyle and carried unanimously. Amendment to Ordinance 6. Amendment to Ordinance No. 2911: An amendment to the City's permit No. 2911 - processing procedure as defined in Ordinance No. 2911, required by SHB Ordinance No. 2935 1724 Planning Director Collins informed the Council that during implementation of the new permit processing requirements mandated by ESHB 1724, several-questions about applications and permit exclusions from the process have arisen. This proposed amendment would clarify the Ordinance and permit exclusions/inclusions, modifications are recommended to remedy legal requirements for code enforcement and to exclude minor, routine permits where SEPA review has been completed previously. Mayor Ostrowski opened the public heating at 9:24 p.m. There being no public testimony, the public heating was closed at 9:24 p.m. Mayor Ostrowski read the Ordinance by title, entitled ORDINANCE NO. 2935 AN ORDINANCE of the City of Port Angeles, Washington, clarifying the types of development applications to which the consolidated development permit process applies and amending Ordinance No. 2911 and Chapter 18.02 of the Port Angeles Municipal Code. Councilman Braun moved to adopt the Ordinance as read by title. The motion was seconded by Councilman Hulett. After limited discussion, a vote was taken on the motion, which carried unanimously. Street Vacation 7. Street Vacation Petition - STV96(10)06 - Markley, Portion of Eunice Street: Request - Markley Request to vacate that portion of the Eunice Street right-of-way adjacent to tax lot #1837, generally described as being north of Park Avenue Mayor Ostrowski reviewed the information provided by the Planning Department, whereby the applicant had requested a continuance of the public hearing before the Planning Commission. Mayor Ostrowski opened the public hearing at 9:26 p.m. Councilman Braun moved to continue the public hearing to December 3, 1996. The motion was seconded by Councilman Campbell and carried unanimously. LEGISLATION: A. Ordinances not Requiring Public Hearings: None. Amending Procedure of B. Resolutions not Requiring Public Hearings: City Council Agenda Packet - 1. Resolution amending procedure of City Council agenda packet paperwork Resolution No. 20-96 submission Mayor Ostrowski read the Resolution by title, entitled RESOLUTION NO. 20-96 A RESOLUTION of the City Council of the City of Port Angeles, Washington, revising the Council's Rules of Procedure regarding agenda items and amending Section 7 of the Council Rules of Procedure as originally adopted in Resolution No. 2-88. -6- 3392 CITY COUNCIL MEErlNG November 5, 1996 LEGISLATION: Councilman Doyle moved to pass the Resolution was read by title. The motion (Cont'd) was seconded by Councilman Campbell. Discussion ensued, and in response to an inquiry from Councilman Hulett, Attorney Knutson indicated there would still be Amending Procedure of a preference for supportive written material in the Council packet. However, this City Council Agenda would be left to the discretion of the Mayor and the City Manager. packet - Resolution No. 20-96 In further considering the proposed language in Section 7, it was suggested that the (Cont'd) wording "must be supported" should be retained in the Resolution, as opposed to incorporating "should be supported". Even with this minor change, the Mayor and City Manager could still waive the requirement of supportive paperwork. This amendment was agreed to by the maker and the seconder of the morion, after which a vote was taken on the motion and carried unanimously. Set Hearing Date for 2. Request to set a hearing date for Upper Golf Course Sewer LID #215 Upper Golf Course Sewer LID//215 - Mayor Ostrowski reviewed the information submitted by Public Works, and Director Resolution No. 21-96 Pittis suggested that, in view of the other public hearings being set for December 3, this public hearing be set for December 17, 1996. Mayor Ostrowski read the Resolution by title, entitled RESOLUTION NO. 21-96 A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring the intention of the City Council to create a local improvement district and to order the improvement of a certain area within the City by doing sanitary sewer extensions and all other work necessary in connection therewith, and fixing a time, date, and place for a hearing on this resolution of intention. Councilman Braun moved to pass the Resolution as read by rifle, changing the hearing date to December 17. The motion was seconded by Counciimember McKeown and carried unanimously. C. Planning Commission Minutes/Action Items Planning Commission Minutes of October 9 and October 23, 1996 Councilman Hulett moved to accept the Planning Commission minutes of October 9 and October 23, 1996. Councilman Campbell seconded the morion, which carried unanimously. Appointments to Hotel/ D. Other Considerations Motel Grant Review Team 1. Appoint representative(s) to Hotel/Motel Grant Review Team Mayor Ostrowski summarized the information provided by the City Clerk pertinent to appointments to the Hotel/Motel Grant Review Team. Councilman Campbell moved to appoint Bob Itarbick, Seasuns Bed & Breakfast, and Bill Schlage, Tourist Trap, to the Hotel/Motel Grant Review Team. Councilmember McKeown seconded the motion, which carried unanimously. Letter to Regional Review 2. Approve letter to be sent to Regional Review Steering Committee with Steering Committee comments on committee's draft report After Mayor Ostrowski reviewed the information provided by Public Works, Deputy Director Titus advised the Council that the draft letter had been reviewed by the Utility Advisory Committee. Once one minor change was incorporated, as well as a couple of grammatical changes, it was agreed the letter should be forwarded to the Council for signature. Director 'Titus emphasized the importance of the City maintaining local control, as it is in a better position to make decisions in the best interest of the community. Members of the Council commended Deputy Director Titus for his efforts in this regard, and Councilman Campbell moved to endorse and sign the letter. The morion was seconded by Councilman Braun and carried unanimously. -7- 3393 CITY COUNCIL MEETING November 5, 1996 LEGISLATION: 3. Proposed exchange of easements on Morse Creek water line (Cont'd) Mayor Ostrowski reviewed the information provided by the Public Works Exchange of Easements on Department, and Deputy Director Ridout, with the use of an overhead, showed the Morse Creek Water Line area under consideration. Deputy Dir~tor Ridout indicated the matter had b~n addressed by the Real Estate Committee members, who were in agreement that the new alignment would be better. Brief discussion was held concerning the language in the De~l as it relates to maintenance. Attorney Knutson clarified that the City is responsible for maintenance associated with the City's needs. Councilman Doyle moved to approve the exchange and authorize the Mayor to sign the Quit Claim Deed for the easement relinquishment. Councilman Braun seconded the motion, which carried unanimously. Jail Contract with 4. Jail contract with Clallam County for jail services ClallaTM County Manager Pomeranz reported the bottom line impact will be approximately $395,000 on the City budget. The City will have to work very hard with the Police Department, the City Attorney's office, the Prosecutor, the Judges, and the Sheriff's Department in a large scale commtlnity effort to reduce jail time. It is hope to control expenses as much as possible. The City will be taking over much of the prosecution in order to reach this goal. The City will be looking at a variety of possibilities in order to decrease jail time. Where possible, other resources will be utilized. Attention was directed to the term of the agreement and the fact that the contract language sets forth a renegotiation of the dollar amount at the end of a two-year period. Also, Attorney Knutson indicated there was a minor change to the Hold Harmless provision in the agreement. After further discussion, Councilmember McKeown moved to approve the contract with Clallam County for jail services, with the Hold Harmless adjustment, approve continuing the contract with Ciailam County for District Court services, authorize a new secretary/paralegal position in the City Attorney's office, and authorize a request for proposal for public defender services. The motion was seconded by Councilman Hulett and carried unanimously. Brief discussion ensued concern the Public Defender contract, and Mayor Ostrowski concluded by commending the staff for its endeavors on this contract. Interlocal Agreement for 5. Interlocal agreement for shared environmental Shared Environmental and Land Use Review Services Mayor Ostrowski surnmarigelt the information provided by the Planning Department. Director Collins noted the City has a similar agreement with the City of Sequim for shared attorney services. In those instances where there is a conflict of interest, this provides for either entity to seek professional help from the other entity. There was a minor change in the Hold Harmless provision whereby the "requesting jurisdiction shall hold harmless and indemnify the requested jurisdiction for the actions or omissions of the requested planning or community development department..." Also, Director Collins indicated signature blanks had been incorporated for the signatures of the City Attorney and the City Clerk. Councilmember McKeown moved to authorize the Mayor and the City Attorney to sign the Interiocal Agreement to allow for shared environmental and land use review services between the City of Port Angeles and Clallam County, incorporating the noted change to the Hold Harmless provision. Councilman Huiett seconded the motion, which carried unanimously. Comments on Western 6. Comments on Western Public Agencies Group Public Agencies Group Utilities Deputy Director Titus reported that a number of agencies are commenting on the Draft Regional Review Report. He had distributed to the Council a draft of the WPAG comments, many of which further supported the City's position. WPAG had hoped to submit this letter in the name of all utilities, to include City Light, and Deputy Director Titus will participate in a conference call this coming Friday on the letter. He asked for Council input as to being party to the letter. Also, any further comments or concerns should be directed to him prior to Friday. Rayonier Closure 7. Rayonier Closure Response Team Response Team Manager Pomeranz reported on a trip various community leaders made to Hoquiam 8 3394 November 5, 1996 LEGISLATION: to discuss their experience with a previous mill closure. The intent was to learn how (Cont'd) they responded to a circumstance now being faced in Port Angeles. They recommended the formation of a coordinating body to serve as a focal point for Rayonier Closure leadership and communication. He referenced a memorandum distributed outlining Response Team the purpose and scope of work for the response team. A number of community (Cont'd) leaders participated in the preparation of this document. It is hoped that the team can work with labor from the mill in order to be successful. It is proposed the group will be diverse in membership. Manager Pomeranz emphasized the purpose was to coordinate communications, planning, and public and community response to closure of the Rayonier mill and to serve as a community and governmental focus for development efforts associated with closure. He then summarized the scope of work and the proposed membership. It is intended the team would sunset in six months. Mayor Ostrowski supported the fomtion of the response team, and Manager Pomeranz lauded the leadership provided by Bart Phillips of the EDC. Many members of the public are stepping forward to help in a team effort. ADJOURNMENT: The meeting was adjourned at 10:201~ ~ -9- 3395 THIS PAGE INTENTIONALLY LEFT BLANK ,'-3396 Exhibit "A" CONDITIONS, FINDINGS AND CONCLUSIONS FOR APPJ~L'~JkLD~ de CHANTAL/MELTON ANNEXATION - ANX 96(08)01' 1. Right-of-way as necessary to provide a 30 foot minimum width right-of-way for street and utility purposes shall be dedicated to the City for the northerly extension of Wabash Street to the limits of the annexation and a 60 foot minimum width right-of-way for extension of Campbell Avenue to Whites Creek (both streets are classified as local access streets at this location). 2. Non-protest agreements shall be signed by a minimum of 60% of the property owners for the formation of separate L.I.D.'s for roadway and storm improvements, water extensions, and sewer extensions. 1. On May 23, 1996, the Planning Department received an annexation request from Mr. and Mrs. Alain deChantal and Mr. and Mrs. Joseph Melton for the area located directly south of the Peninsula College property, east of Wabash Avenue and north of the easterly extension of Campbell Avenue. The petition was revised and returned on September 6, 1996. (October 23, 1996, Planning Commission Staff Report). 2. On July 2, 1996, the City Council, consistent with the Planning Commission's recommendation, approved the request to circulate the petition amended to include four additional small properties bringing the total size of the area to approximately 16 acres. 3. The area to be annexed is primarily rectangular in shape and surrounded on all but a portion of its south side by the existing City limits. 4. Campbell Avenue and Wabash Street are constructed up to the southwest comer of the annexation area. 5. An 8" water main is located in Campbell Avenue west of the intersection of Campbell Avenue and Wabash Street where it tums and continues to the south. A 2" water main extends easterly approximately 350' along the south side of Campbell Avenue. 6. An 8" sewer line is located in Campbell Avenue and Wabash Street west and south of the intersection of the two streets. 7. Electrical facilities are located along Campbell Avenue to a point approximately 530' to the east of the Campbell Avenue and Wabash Street intersection. 8. The proposed annexation is within the Port Angeles Urban Growth Area. 9. The proposed annexation is adjacent to the established City limits on the sides. 3397 10. The area to be annexed is to be designated as Residential on the Comprehensive Plan Land Use Map and RS-9 on the City's Zoning Map. 11. One of the petitioning property owners has on file with the City an application for a Conditional Use Permit for a church use on one of the lots. 12. There is no subdivision of any portion of the area included as part of the proposed development. Conclusions: A. The proposed annexation is consistent with the City's annexation policies as established in the City's Comprehensive Plan's Growth Management Element (Policies 1-10) and Resolution 18-78. B. As reviewed in the October 23, 1996, Planning Commission Staff Report for ANX 96-01, annexation of the proposed area will result in a logical extension of City services. C. As reviewed in the October 23, 1996, Planning Commission Staff Report for ANX 96-01, the proposed annexation will meet the required concurrency requirement. D. As reviewed in the October 23, 1996, Planning Commission Staff Report for ANX 96-01, the area of annexation will not result in decreased minimum standards for City streets, water service, sewer service, and/or electrical service provided to existing residents of the City. E. Due to the size and limited development potential of the area to be annexed, there should not be a decrease in the level of service (LOS) for City solid waste collection, stormwater management, emergency services and/or telecommunication services provided to existing residents of the City. F. The proposed annexation will reduce existing potential for interjurisdictional and service problems by reducing and area virtually surrounded by City jurisdiction. G. As conditioned, necessary rights-of-way shall be obtained by the City. H. Although a plan for a portion of the area to be annexed includes immediate development, it is not of a promotional nature. I. As conditioned, the proposed annexation is consistent with the City's Comprehensive Plan. 3398 J. As conditioned, the proposed annexation is in the public interest. Adopted by the Port Angeles City Council at its meeting of November 5, 1996. Prosper Ostrowski, Mayor ~3e~c~y J. Ut~l~ C~y Cl[rk 3399 Exhibit "B" FINDINGS AND CONCLUSIONS FOR APPROVAL OF HIGHLAND COMMONS FINAL SUBDIVISION: 1. The request is for approval of a 4 lot subdivision northwest of the west end of Melody Lane. 2. The site is designated High Density Residential on the Comprehensive Plan Land Use Map. The proposal has been reviewed with respect to the goals, policies and objectives of the Plan, the most relevant of which have been identified in the staff report. 3. There are a number of level of service standards contained in the Comprehensive Plan which have been considered in the staff report. 4. The proposal has been reviewed with respect to the areas of concern listed in Section 58.17.110 RCW. 5. The property is zoned RHD, and the lots meet the minimum lot area of the RHD Zone. 6. Melody Lane is the local access street for Highland Commons Subdivision, and Golf Course Road is the nearest arterial and closest street improved to City street standards. 7. A Determination of Non-Significance and adoption of the existing EIS for Highland Communities PRD was issued on March 25, 1996. 8. Timely comments on the DNS were received on April 8, 1996, from the Department of Ecology. 9. The applicant received an National Pollutant Discharge Elimination System (NPDES) permit for the Highland Communities Planned Residential Development. 10. The preliminary subdivision for Highland Commons was first submitted on March 11, 1996, and revised on March 13, 1996. 11. The preliminary subdivision for Highland Commons was approved by the City Council on April 16, 1996. 12. The final plat application was determined to be complete on October 3, 1996, and a notice of development application was issued on October 6, 1996. 13. Public hearing notification was published on October 6, 1996, for a heating before the City Council on November 5, 1996. 3400 14. Revised three sheet final plat mylars were received by the City on October 22, 1996. 15. A bond in the amount of $205,000 has been accepted by the City but has not yet been received. The City Engineer is in agreement with the proposal to bond for the street and utility improvements, and the amount of the bond is based on bids received by the applicant for the required improvements. An additional bond in the amount of $16,000 has been added to the $205,00 bond to include $1,500 for wetland buffer enhancement, $4,500 for walkway improvements, and $10,000 for recreational facilities and landscaping on Lot 4. Conclusions: A. As conditioned, the subdivision is consistent with the Port Angeles Comprehensive Plan. B. As conditioned, the subdivision is consistent with the Port Angeles Zoning Ordinance and Subdivision regulations. C. Appropriate provisions have been made for the public health, safety and general welfare and for such open spaces, drainageways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and safe walking conditions for students who walk to and from school. D. The public use and interest is served in the platting of this subdivision. The subdivision implements the desired land use pattern for this area as articulated in the Comprehensive Plan and Zoning Ordinance. The subdivision also provides for development of new housing within the City of Port Angeles Urban Growth Area, consistent with the Growth Management Act and increases the availability and affordability of housing opportunities for the community. Adopted by the Port Angeles City Council at its meeting of November 5, 1996. r Os[rowski, Mayor l~ecky-J' U~, f3~ty C~e~- - -- 3401 Exhibit "C" FINDINGS AND CONCLUSIONS FOR APPROVAL OF AN AMENDMENT TO MUNICIPAL CODE AMENDMENT - MCA 96(03)02 - CONSOLIDATED DEVELOPMENT PERMIT PROCESS: 1. The City of Port Angeles is subject to and must implement Chapter 36.70B RCW (ESHB 1724). 2. Section 36.70B. 140 identifies which project permits may be excluded by local ordinance from the subject review requirements. 3. Chapter 18.02 PAMC implements Chapter 36.70B RCW. 4. Section 18.02.020 adopted by Ordinance 2911 identifies which project permits shall be processed in accordance with the subject review requirements. 5. This action is categorically exempt from SEPA review under WAC 197-11- 800(20). Conclusions: A. Clearing, grading, filling, and drainage permits are other construction or similar administrative approvals subject to Chapter 36.70B RCW. B. The amendments will bring the City of Port Angeles into compliance with Chapter 36.70B RCW. C. The amendments to Chapter 18.02 and Ordinance 2911 are in the public interest and use  ~~bythe Port Angeles City Council at its meeting of '~[~ 'tr~_ f2~_ ~ ,1996. Prosper Ostrowski, Mayor ~3~cky-Ji ~, C~ Clerk [