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HomeMy WebLinkAboutMinutes 11/05/2002 4787 CITY COUNCIL MEETING Port Angeles, Washington November 5, 2002 CALL TO ORDER - Mayor Wiggins called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 6:00 p.m. ROLL CALL: Members Present: Mayor Wiggins, Councilmembers Braun, Campbell, Erickson, Headrick, Rogers, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B. Collins, M. Connelly, G. Cutler, D. McKeen, Y. Ziomkowski, L. Kheriaty, T. Gallagher, D. Millar, P. Burrett, J. Cole, D. Bellamente, S. McLain, J. Mason, M. Sanders, L. Doyle, S. Johns, and C. Kochanek. PubIic Present: B. Monro, G. Kheriaty, R. Andrade, B. Schultz, J. Bohman, K. Monds, P. Lamoureux, K. Smith, L. Engel, L. Amundson, T. Price, C. & M. Amundson, M. Gagnon. N. Creelman, G. Holka, and D. Tschimperle. PLEDGE OF The Pledge of Allegiance to the Flag was led by Scout Troop 1990, Scoutmaster Randy ALLEGIANCE: Gardner. PUBLIC CEREMONIES, 1. Beautification Award to Chestnut Cottage: PRESENTATIONS AND PROCLAMATIONS: Mayor Wiggins presented a Beautification Award to the Chestnut Cottage. The award was accepted by Ken Nemirow and Diane Nagler. Beautification Award to Chestnut Cottage Introduction of Senior 2. Introduction of Doris "Dee" Bellamente, Senior Center Supervisor: Center Supervisor Senior Center Supervisor, Dee Bellamente, was introduced by Parks & Recreation Director Connelly, after which Ms. Bellameme shared her background and expertise. Proclamation recognizing 3. Proclamation recognizing Dorothy Duncan's distinguished service to City of Dorothy Duncan for Port Angeles: Service to City Mayor Wiggins read and presented a Proclamation to Dorothy Duncan, honoring her many years of distinguished service to the City and the community. Proclamation recognizing 4. Proclamation recognizing George Kheriaty 's Hamilton School 5t~ Graders George Kheriaty's Recycling Program: Hamilton School Recycling Program Mayor Wiggins read and presented a Proclamation to Hamilton School Teacher George Kheriaty in recognition of the School's recycling efforts. Mr. Kheriaty was accompanied by students involved in the endeavor, and he then made a brief presentation, showing pictures of the program at work. Recycling Coordinator Millar 4788 CITY COUNCIL MEETING November 5, 2002 joined in the recognition, noting the School's efforts had resulted in a savings of $9,000 per year. Chamber of Commerce 5. Chamber of Commerce Report presented by Russ Veenema, Chamber Report Executive Director: Russ Veenema, Executive Director of the Chamber of Commerce, presented a quarterly status report to the Council. Mr. Veenema distributed a spreadsheet reflecting year-to- date door counts, room taxes, sales taxes, web visits, and town occupancies. He informed the Council that concentrated efforts have taken place with regard to marketing the non-summer months, and many of the figures in the spreadsheet reflect an increase over the previous year. He also distributed copies of two issues of the Tacoma News Tribute, one focused on a joint marketing cooperative for the entire North Olympic Peninsula, and the other focused on the Port Angeles History Weekend event. Mr. Veenema reflected on the success of the History Weekend, thanking City staff members Ken Dubuc and Lou Haehnlen for their assistance. He indicated this particular event involved more volunteers than any other event held thus far, and the event itself attracted over 500 people. He felt this is a product that can be further developed in order to create more interest throughout the year in the form of self-tours, guided tours, and the like. Mr. Veenema asked for the City's assistance by not filling in the underground, and he offered kudos to the City for its efforts toward historical preservation in the form of the Carnegie Library, as well as the beautification program. Jackson Smart, 472 Mount Pleasant Road, dressed in period garb, was one of the tour guides during the History Weekend. He implored the City to do whatever possible to preserve its historical sites, as those attending this event had a wonderful time. Mr. Smart was joined by two "ladies of the evening", who spoke of the successful event and urged the Council to preserve the underground. Betsy Schultz, new owner of the Tudor Inn Bed & Breakfast, informed the Council that she participated in the History Weekend by hosting tours of her historical residence. She indicated that some guests extended their stay in order to participate, and she encouraged the City to do everything possible in support of underground tours and trolley tours. Mike Millar, who worked as a volunteer during the event, indicated that everyone is concerned about the last section of the underground on Laurel Street. He offered the possibility of joint efforts to obtain funding, and he requested the City's ongoing assistance to increase the number of tours. Don Perry, a longtime advocate of the underground tours, related the importance of the tours to the entire Peninsula. He felt the tours will prove to be income producing, citing the successes in Seattle and Pendleton with similar tours. He asked for the City's ongoing support. WORK SESSION: None. LATE ITEMS TO BE JeffBohman, 3753 Canyon Circle, addressed the Council as President of the Peninsula PLACED ON THIS OR Trails Coalition. On behalf of the Coalition, Mr. Bohman thanked the Council FUTURE AGENDAS: members for their support in completing the portion of the Trail through the Rayonier site. He presented the Council and staff with Coalition lapel pins in appreciation of their efforts, and he expressed interest in working towards a route out of town on the west side. Additionally, Mr. Bohman looked forward to working with the area governmental entities in developing a comprehensive trail management plan. Bruce Monro, 91 E. Palmer, Sequim, President of the Olympic Peninsula Bicyclists and -2- CITY COUNCIL MEETING 4789 November 5, 2002 LATE ITEMS TO BE past member of the Port Angeles Non-Motorized Committee, thanked the Council and PLACED ON THIS OR staff for completing the extra section of the Waterfront Trail and also for creating the FUTURE AGENDAS: future bike lanes on "C" Street, as well as the newly created lanes on Race Street, (Cont'd) Boulevard, and 8th Street. He felt these additions to be a great complement to the City's "Bicycle Friendly" program. Jean Martin, a CPA who resides at 120 W. Maple in Sequim, was present as a representative of the Port Angeles Fine Arts Center Board of Trustees. The Board appreciates the Council's past support, and Ms. Martin expressed hope for the Council's continued support in the future. She indicated people from out of town visit the Center, and the sculpture park is gaining recognition far and wide. Tourists who spend money in town are being attracted to the facility, and the funds expended by the City on the Center are being matched by thousands of volunteer hours. Ms. Martin also offered kudos to City staff and the Center Director, Jake Seniuk. FINANCE: 1. A ward Contract for "I"Street & Lauridsen Boulevard Sidewalks, Project 22- 03: Award Contract for "I" Street & Lauridsen Blvd. Public Works & Utilities Director Cutler briefly summarized the bid information Sidewalks relative to the completion of the school walking route sidewalk work on the west side of "I" Street from 12t~ to 16~ Street, as well as on the south side of Lauridsen Boulevard between Jones and Liberty Streets. Following brief discussion, Councilmember Rogers moved to award the contract for the "I" Street and Lauridsen Boulevard Sidewalks, Project 22-03, to Aldergrove Construction of Port Angeles and authorize the Mayor to sign the contract in the amount of $234,360.26. The motion was seconded by Councilman Braun and carried unanimously. Award for Equipment 2. Equipment Purchase - Parks Department Tractor-Backhoe, Project 22-02- Purchase - Parks Tractor- 12: Backhoe Director Cutler reviewed the information pertinent to the purchase of a Tractor- Backhoe for the Parks Department. Discussion ensued on thetrade-in of $5,000, the fact that Public Works and Parks do share equipment whenever possible, and the reasons the bulk of the bids were determined to be unresponsive. Councilman Campbell moved to award the bid to the low responsive bidder, Tri-County Equipment Rentals of Everett, reject all remaining bids as non-responsive, and authorize the Mayor to sign the contract in the amount of $30,652.67. The motion was seconded by Councilmember Erickson and carried unanimously. Award Contract for Front 3. Award Contract for Front Street Waterline, Project 22-19: Street Waterline Director Cutler reviewed the bid information for the Front Street Waterline, noting he was pleased with the amount of local interest generated in the project, plus the fact that the low bid came in below the Engineer's estimate. Project work should commence in a week or two. Councilman Braun moved to award the contract for the Front Street Waterline, Project No. 22-19, to Pilchuck Diversified Services of Bothell and authorize the Mayor to sign the contract in the amount of $301,766.88. Councilman Headrick seconded the motion, which carried unanimously. Award Contract for 4. Award Contract for Landfill Cell 3 Drainage Improvements, Project 22-29: Landfill Cell 3 Drainage Director Cutler reviewed the nature of the project to provide necessary contact water control and collection facilities to prevent contaminated runoff from leaving the site of Cell 3 at the Landfill. This was an unanticipated project, which will be funded from reserves. Brief discussion was held concerning whether the cell is filling sooner than expected, and Director Cutler felt the activity is fairly well on track to 2006. Following brief discussion, Councilman Campbell moved to award the contract for the -3- 4790 CITY COUNCIL MEETING November 5, 2002 Award Contract for Landfill Cell 3 Drainage Improvements, Project 22-29, to Crescent Development, Landfill Cell 3 Drainage Inc., of Joyce, to authorize the Mayor to sign the contract in the amount of (Cont'd) $30,512.40, and to allocate $35,000 from Solid Waste Fund reserves for construction funding. The motion was seconded by Councilmember Erickson and carried unanimously. Structure Abatement 5. Abatement of Structure at 604 S. "B" Street: Community Development Director Collins reviewed the need for structural abatement and responded to an inquiry from Mayor Wiggins in that this was a self-built home that was never completed probably due to lack of resources. The home has deteriorated over the years and has generated many complaints from area residents. Councilman Williams queried whether the home was involved in a foreclosure, but he later determined it was not. Councilmembers observed there is also another structure on the property, but staff offered assurances that the correct structure would be abated. Brief discussion followed, after which Councilman I-Ieadrick moved to authorize the transfer of $4,275.00 to the Repair and Demolition Fund from the General Fund for the demolition of the commercial building at 604 S. "B" Street in accordance with the provisions of Chapter 3.27 PAMC. The motion was seconded by Councilman Braun and carried unanimously. PUBLIC HEARINGS - 1. Water/Wastewater Rates: OTHER: Director Cutler introduced Ms. Angie Sanchez Vimoche from Economic and Water/Wastewater Rates Engineering Services, the firm retained to conduct an analysis on water and wastewater rates. The last study was done in 1999, with rate adjustments implemented during the last three years. With the use of a PowerPoint presentation, Ms. Vimoche provided an overview of the rate setting process with comparisons made between the revenues and expenses of the utility in order to determine the overall level of rate adjustment. The cost of service is what equitably allocates the revenue requirements between the various customer classes of service, and the rate design involves the setting of rates for each class of service to meet the revenue needs of the utility, to include any other rate design goals and objectives. Ms. Virnoche indicated that each utility is reviewed on a stand alone basis, and key financial indicators are utilized in terms of reserve balances, capital funding, and debt service coverage. She reviewed in detail the comparison of costs for the two utilities from the last rate study to this current study, and she then summarized the three options developed for consideration. The third option has been recommended as the option of choice in order to minimize the rate impact to the customers, that being to assume debt fmancing, use reserves to a minimumof$4 million, and phase in small rate adjustments over time. Ms. Vimoche reviewed the Water and Wastewater Utility Capital Projects and Funding §ources and the Water and Wastewater Utility Revenue Requirementoptions. Option 3 involves recommended rate increases for the Water Utility in the amount of 4% in 2003, 4% in 2004, and 3% in 2005. No rate increase is being proposed for the Wastewater Utility at this time. Ms. Virnoche provided monthly bill comparisons for both utilities, using information from other utilities on the Peninsula, and she reviewed a summary of proposed metered residential and commercial rates in comparison to those presently being paid. Discussion followed, and Finance Director Ziomkowski was asked for input relative to Option 3. Director Ziomkowski agreed that Option 3 is preferred, as there is benefit by issuing the debt which should be used only for capital projects and not operations. Councilman Headrick inquired as to how the amount for reserves is determined, and Director Ziomkowski responded that the industry standard is to have 45 - 90 days available in funds for maintenance and operation costs. Ms. Vimoche added that un- CITY COUNCIL MEETING 4791 November 5, 2002 Water/Wastewater Rates scheduled facilities are also a consideration in this regard. (Cont'd) Councilman Williams asked if consideration had been given to a flat 5% increase each year, and Ms. Vimoche indicated that this study was done for the next 3 years only; any further long-term projections would prove to be extremely difficult. Councilman Campbell reflected on comments made at the Utility Advisory Committee meeting in that there is concern with the economic cycle the City is in at the present time. However, it is envisioned that the City's economic well being will improve in 3 years, and it is important to set rates today with the interest of holding rates as low as possible so that future needs can be met by a better economic climate. Manager Quinn agreed that a 3-year time frame for setting rates is a reasonable projection period. Mayor Wiggins opened the public hearing at 7:50 p.m. Paul Lamoureux, 602 Whidby, asked for clarification from Ms. Vimoche as to the utilization of the rate stabilization fund, after which he maintained the public would be concerned with the use of reserves. He suggested the possibility of reversing the increases to 3%, 4%, and 4% respectively over the next 3 years with the hope of lessening the impact on the reserve fund. Director Ziomkowski indicated this concept would require further calculations, as an appropriate balance must be maintained. Mr. Lamoureux indicated he would support Option 3 as proposed, with the caveat that there be value received for the money spent. He felt there should be an increased amount of water made available over the base of 100 cu. ft. if the rates are increased. He suggested the base be revised to 150 cu. ft. in the interest of improving the appearance of residential yards. Mr. Lamoureux continued that the residents pay to have City government lawns kept green, so he felt his proposal would serve to also improve the neighborhoods. Director Cutler offered caution regarding the notion of adjusting the base and the base rate, as consideration should be given to low income families, conservation efforts, and the like. He felt the City has maintained a good balance thus far. However, Mr. Lamoureuxindicated he had been informed by a City staff member that water is a fixed cost. Councilman Campbell explained that pumping the water is where the costs are incurred, and the more water pumped, the higher the costs. Ms. Vimoche added that every cost the City incurs in the Water Utility is considered in the rates, to include such matters as infrastructure, utility costs, and fire suppression. This is not just a volume- related issue. Director Cutler offered further clarification by explaining that even if no water is used during a cycle, the customer must still pay the base rate. He offered to meet with Mr. Lamoureux at another time to provide further explanation on the rate- setting process. There being no further public testimony, Councilman Braun moved to continue the public hearing to November 19, 2002, The motion was seconded by Councilman Williams and carried unanimously. Break Mayor Wiggins recessed the meeting for a break at 8:10 p.m. The meeting reconvened at 8:25 p.m. Budget Hearing on 2. Budget Hearing on Revenue for Year 2003: Revenue for Year 2003 Using a PowerPoint presentation, Finance Director Ziomkowski submitted the revenue projections for the 2003 Budget. Total revenues projected are $68,423,978, which Director Ziomkowskireviewedby source. She reviewed the taxrevenue comparisons, as well as revenues by fund type. General Fund revenues, which are projected at $13,101,066, increased by 1.7% as compared to the 2002 budget and 1% as compared to 2002 estimates. After adjustments for internal cost allocations and reimbursements for airport security, General Fund revenues actually show a 0.3% decrease. -5- 4792 CITY COUNCIL MEETING November 5, 2002 Budget Hearing on Director Ziomkowski summarized issues pertinent toproperty taxes which, by virtue Revenue for Year 2003 of Initiative 747, are only allowed a 1% increase plus new construction. The property (Cont'd) tax levy for 2002 was $3.53 per $1,000 and the levy for 2003 is projected at $3.58 per $1,000, resulting in an increase of $7 annually per a $150,000 house. Director Ziomkowski informed the Council there are declining trends for sales taxes, utility taxes, telephone taxes, leasehold taxes, and liquor excise taxes. Because interest rates are much lower, income from investments will also decrease. Director Ziomkowski reviewed the budgeted status of other revenue sources, after which Manager Quinn detailed proposed increases in charges, or user fees, to include Planning fees for an additional $4,400, building permit fees for an additional $15,000, and pool fees for an additional $20,000. In addition, to offset the increasing cost of maintaining various Parks facilities, it is recommendedthere be an athletic field fee of $7-$10 per player per season. Discussion followed concerning the increased fees, with staff providing further information and clarification. Director Ziomkowski then reviewed the anticipated revenues pertinent to the Street Fund, gas taxes, lodging taxes, and the different utility funds. Noting that 52% of all revenues are derived from utility rates, she noted there are no rate increases planned at this time for the Electric Utility. In addition, no increase has been instituted for the Solid Waste Utility since 1994. Manager Quinn, in reviewing the history of declining revenues, indicated the only realistic means available to the City to maintain municipal services is through growth in terms of assessed valuation, population, and total area. The revenue issue is the driving force in the City's economic development efforts and other entrepreneurial projects. He noted that other cities have B & O taxes, which is something not currently done in Port Angeles and may not be realistic for consideration. Manager Quinnfelt that Port Angeles may have to consider other options for producing revenue, such as maintenance and operation levies for specific services. Lacking other options, the City will be forced to decrease the level of services over the next 20 years. Mayor Wiggins opened the public hearing at 9:14 p.m. Paul Lamoureux, 602 Whidby, thanked the Council for the hard work on the Budget preparation. He sought clarification concerning the next public hearing, which Director Ziomkowski indicated would concentrate on the expense side of the Budget. In addition, it is expected that the property tax levy would be considered. Mr. Lamoureux also asked for clarification on the matter of the 1% property tax increase; Manager Quinn and Director Ziomkowski explained the voter-initiated limitations on property tax levies. Mr. Lamoureux reminded Council that many residents are impacted by this increase. He then directed attention to lodging taxes, suggesting an increase could be accomplished without impact to the amount of tourism in the area. Director Ziomkowski clarified that the City is receiving a 2% lodging tax from the State via a reduction in the State's portion of sales tax receipts, plus the City initiated an additional 2%. Everyone staying in a Port Angeles lodge is paying a 10.2% tax. Mr. Lamoureux felt there is confusion regarding a document in a previous Council packet concerning assistance with stormwater permitting in a budgeted amount of $25,000 and a contracted amount of $21,000. He noted the amended contract amount exceeded the budgeted amount. He felt that, once a budgeted project is bid and the bid comes in under budget, he felt that should be the final price. Mike Millar, 1327 E. 1st Street, addressed the matter of decreased leasehold taxes related to the Westport project. In addition, he advised the Council that, when he did business in Ocean Shores, he was required to pay a permit fee because he did not live in Ocean Shores. Mr. Millar suggested a similar policy in the City might help in generating additional revenue. Brief discussion followed concerning leasehold taxes and the trade-off in the interest of economic development. Mayor Wiggins closed the public hearing at 9:29 p.m -6- CITY COUNCIL MEETING 4793 November 5, 2002 Mischke Street Vacation - 3. Mischke Street Vacation - STV 02-03: STV 02-03 Director Collins related to the Council that the applicant is out of town and has asked that the public hearing be continued until his return. Therefore, Mayor Wiggins opened the public hearing at 9:31 p.m., and Councilmember Erickson moved to continue the public hearing to November 19, 2002. Councilmember Rogers seconded the motion, which carried unanimously. CONSENT AGENDA: In considering acceptance of the Consent Agenda, Councilmember Rogers directed attention to Page 1 of the October 15, 2002, City Council minutes, Item 1 under Finance. She noted the motion lacked a second and a vote. [Clerk's Note: The motion was seconded by Councilmember Rogers and carried unanimously.] Following questions concerning the Check List, Councilman Braun moved to accept the Consent Agenda, to include: 1.) City Council minutes of October 15, 2002 regular meeting, as corrected, and October 22, 2002 special meeting; 2.) Check register - October 29, 2002 - $677,381.58; and 3.) Electronic payments - October 25, 2002 - $1,411,202.00. Councilman Campbell seconded the motion which carried 6 - 0, with Councilmember Erickson abstaining due to absence from the October 22 meeting. CITY COUNCIL Councilmember Rogers referenced the North Peninsula Building Association COMMITTEE newsletter in which an article commended Economic Development Director Smith, the REPORTS: City Manager, and the Council for efforts in the area of economic development. She represented the Council at the Leadership Prayer Breakfast and spent a great deal of time on economic development issues related to the cluster development. Councilmember Rogers provided public comment before the Sequim City Council regarding upcoming retail development, she met with representatives of the Fire Department, and she attended a meeting on Elwha economic development projects. Councilmember Rogers also spent time with Congressman Dicks who praised the City for its handling of the project, on dom removal~ she commended Chief Riepe for his . . e0mme'nts'at Leland'Lee's xfieffioriar service. On behalf of the City, Councilman Williams attended the groundbreaking for the expansion of the Boys & Girls Club. Councilman Campbell, reporting on behalf of the Lodging Tax Advisory Committee, indicated the most recent marketing plan submitted by Randal Ehm was revised to remove elements of reference to hotel marketing as opposed to marketing the conference center. The committee agreed with a recommendation of The Chambers Group that the latest version of the marketing plan should be considered satisfactory for current needs in order to move on to the next phase, which is allowing Ehm to focus on the project appraisal, managing and marketing agreements, franchise agreement, and financing package. A time line will be negotiated with Mr. Ehm for accomplishing these tasks. ORDINANCES NOT 1. MCA Ol-02B Sign Code: REQUIRING PUBLIC HEARINGS: CommunityDevelopment Director Collins referenced a matrix he had distributed to the Council, identifying by zone and sign type the requirements relative to the amended MCA 01-02B Sign Code Sign Code. He indicated the main change incorporated is that the City will now permit Ordinance No. 3126 A-frame signs, as well as temporary commercial signs up to 100 sq. ft. In the case of billboards, a 300 sq. ft. size limitation has been established, with a 35 foot height limit. Director Collins indicated that the requirement to affix A-frame signs to sidewalks has been eliminated. Fluttering devices are permitted, with the exception of those made of mylar or conductive materials. Director Collins offered a correction to the draft Ordinance, Page 5, Chapter 14.36.050 Exempt Signs, Section O.: "Signs painted directly on windows, and window signs, ..." -7- 4794 CITY COUNCIL MEETING November 5, 2002 ORDINANCES NOT should be corrected to read, "Signs painted directly on windows, and inside window REQUIRING PUBLIC signs ...." Referencing Chapter 14.36.070 Permitted Signs, Sections D. and £., HEARINGS: Director Collins suggested the height of building-mounted signs should be consistent (Cont'd) between the Commercial Office and Commercial Neighborhood zones. The draft Ordinance reflected a maximumheight of 20 feet in the CN Zone and 30 feet in the CO MCA 01-02B Sign Code Zone; Director Collins suggested both height restrictions should be 20 feet. Ordinance No. 3126 (Cont'd) Director Collins expressed appreciation to the many business groups who assisted in this effort. Discussion followed concerning off-premise signs, as well as whether businesses should be required to seek both a Sign Permit and a Right-of-Way Use Permit and be charged for both of the permits. Councilmember Rogers was of the opinion that a charge of two fees would be tmacd~ptable. Mayor Wiggins read the Ordinance by title, entitled ORDINANCE NO. 3126 AN ORDINANCE of the City of Port Angeles, Washington, creating a new City-wide Side Code by incorporating the downtown sign code requirements for commercial, industrial, and institutional signs and adding new regulations for commercial message signs to include allowances for A- frame signs, temporary commercial event signs, and electronic messaging signs and specifications for the maximum size of billboard signs, repealing certain sign regulations in the Zoning Code, and amending Ordinances 1709 and 2152, as amended, and Chapter 14.36 and Title 17 of the Port Angeles Municipal Code. Councilman Braun moved to adopt the Ordinance as read by title, incorporating the two suggested changes and citing Findings 1 - 8 and Conclusions 1 - 5, as set forth in Exhibit "A" which is attached to and becomes a part of these rain,utes. Counqilman Iteadrick seconde, d the motion, which carried ~. Port of Port Angeles - 2. ~ Port df Port Angeles: POPA STV 02-04 - Clarification of ~°rior Street Clarification of Prior Vacation: Street Vacation Ordinance No. 3127 Director Collins explained the purpose of this amending Ordinance was to clarify the Resolution No. 15-02 intent of earlier street vacation ordinances in vacating properties located between Valley Street and the Inner Harbor Line north of Marine Drive. The amending Ordinance would require that additional compensation be paid by the Port. Because a Resolution was previously passed setting a public hearing to vacate the property in question and because the amending Ordinance was chosen as the best course of action, Council is also being asked to rescind Resolution No. 14-02. Councilman Williams indicated the Real Estate Committee concurs with the recommendation. Mayor Wiggins read the Resolution by title, entitled RESOLUTION NO. 15-02 A RESOLUTION of the City Council of the City of Port Angeles, Washington, rescinding Resolution 14-02, which had set a public hearing to consider a street vacation petition for a portion of Tumwater Street south of the north margin of First Street. Councilmember Erickson moved to pass the Resolution as read by title. Councilman Williams seconded the motion, which carried unanimously. -8- CITY COUNCIL MEETING 4795 November 5, 2002 Port of Port Angeles - Mayor Wiggins read the Ordinance by title, entitled Clarification of Prior Street Vacation ORDINANCE NO. 3127 Ordinance No. 3127 Resolution No. 15-02 AN ORDINANCE of the City of Port Angeles, Washington, correcting an inadvertent omission in a street vacation ordinance by clarifying that the "one block length of Tumwater Street lying north of Marine Drive" included the intersection of Tumwater and First Streets and by amending the compensation amount accordingly and amending Ordinance 2395. Councilmember Erickson moved to adopt the Ordinance as read by title. The motion was seconded by Councilman Braun and carried unanimously. RESOLUTIONS: None. OTHER 1. Creelman Appeal- CUP 02-10: CONSIDERATIONS: Councilmembers Braun, Williams, and Rogers departed the meeting at 10:00 p.m. due Creelman Appeal - CUP to an appearance of fairness on this agenda item. Attorney Knutson explained that the 02-10 reason the Councilmembers had to disqualify themselves is pursuant to the Appearance of Fairness Doctrine. In one case, there were discussions between a Councilmember and one of the parties interested in the appeal. At the time of the discussions, the Councilmember was unaware there was an appeal pending. The other two Councilmembers are involved in the real estate business, and there is a recent sale that could be affected by the outcome of this appeal. In the interest of fairness and to legally protect the decision made by the Council, the appeal should be conducted without the participation of those three Councilmembers. Attorney Knutson pointed out this is an appeal on the record before the Planning Commission, which means that comments made to the Council by the appellant, Mrs. Vi Creelman, and by the Planning Department will be based on the evidence that has already been presented to the Planning Commission. He stated there wouldn't be any additional witnesses or additional testimony. Vi Creelman, 1219 Columbia Street, advised the Council she was appealing the decision to allow a daycare center at the corner of Liberty and Columbia Streets, based largely on safety of the children and residents. The daycare center is located at the top of a 60-foot bluff, which Mrs. Creelman felt is no place for a daycare center. She indicated there are several elderly people who reside in the area and who walk the vicinity with their caregivers. The area is hazardous for lack of stop signs and excessive traffic speeds, and the daycare center will only add to the traffic congestion. She felt police reports would confirm there are a lot of traffic accidents in the area. Mrs. Creelman related that her main concern is for the children, and the daycare center should not be on the bluff. Mrs. Creelman indicated she was unable to attend the hearing, and most of the people who live in the area are elderly and cannot go out at night in order to attend these hearings. She came out in order to represent those neighbors by appealing the daycare center on a 60-foot bluff; there are other properties in the area that would be a better location for such a center. Community Development Director Collins indicated that, in the process, the department had included a new site plan on Page 120, which heasked the Council to disregard. Similarly, on Page 101, he asked the Council to not consider Findings 15 - 18 which are related to work that has been done by the applicant in regard to the conditions for approval. Due to the closed nature of the appeal, Director Collins indicated staff would limit the review to simply what the Planning Commission reviewed at the time its decision was made. In a document just distributed to the Council, Director Collins indicated there are 7 conditions, 14 findings, and 7 conclusions that were part of the Planning Commission decision. There were 2 new -9- Till 4796 CITY COUNCIL MEETING November 5, 2002 OTHER appeal process findings and 1 additional conclusion as revised by staff. He indicated CONSIDERATIONS: it is in the intent of a Conditional Use Permit to allow uses, such as daycares, in (Cont'd) residential areas as long as there are conditions that address any concerns that may arise. Creelman Appeal - CUP 02-10 (Cont'd) Associate Planner Johns described his review of the original site plan submitted for the daycare center and his conversations withMrs. Creelman regarding her concern with traffic. He concluded the site plan could be conditioned to make the access more efficient and to reduce some of the traffic impacts. He asked for a condition of a one- way drive-through type of parking lot so that, instead of parking on the street and driving through the neighborhood, clients would be able to enter and exit the parking lot without a lot of backing. He felt this would also provide better assurances of safety to the other clients and children. Mr. Johns responded to an inquiry from the Mayor regarding the site plan and parking plan, and he then addressed Mrs. Creelman's concern with inadequate off-streetparking. Mr. Johns conditioned the CUP to meet the parking requirements as listed in Code. Brief discussion followed concerning the number and location of parking spaces being planned for the project, and the applicant has revised the site plan as recommended by staff. Mrs. Creelman was also concerned with the Ennis Street opening, which is an issue about which the applicant cannot be concerned and is not an issue subject to Community Development review. This also holds true concerning Mrs. Creelman's desire to have Ennis Street widened because of the project. Another issue raised was the lack of sidewalks, and Mr. Johns said there are areas with and without sidewalks in the vicinity. Neither of the streets adjacent to the property are arterials, nor are they school walking routes, so Mr. Johns did not require a condition to include sidewalks. It is anticipated that most of the children will be arriving by vehicle and not walking. The matter of children's safety was addressed with a condition to include a fence to separate the children's play area from the steep bluff, from the parking areas, and from the driveways and streets. In addition, the State Department of Social & Health Services will also review the proposal before the facility will be licensed as a daycare in accordance with the State WACs. There will be a 25-foot setback from the top of the bluff to the areas to be used for play. Mrs. Creelman listed conflict with the old filter plant, and Mr. Johns believed this was in reference to the old Rayonier site which is closed and being cleaned up. In that the future use of that site is presently unknown, it would be difficult to condition a permit accordingly. There was a requirement, however, that the soils on the site be tested for contaminants. In response to a question from Mayor Wiggins, Mr. Johns indicated the soil test must be conducted prior to the time an occupancy permit can be issued. Mr. Johns noted that Mrs. Creelman felt the facility was not needed in the area, which is not something to be considered by Community Development. Rather, he felt market forces would make that determination. There was testimony at the Planning Commission, however, that there is a lack ofdaycare facilities in Port Angeles. Other issues to be addressed were noise and traffic impacts, and efforts were made to minimize traffic impacts by the parking requirements with the loop scenario in the parking lot. Mr. Johns related that it is not expected that the daycare center would generate any additional noise above that of a single family with several children. Mrs. Creelman had indicated that the site plan showed a building that does not exist, and the Community Development Department was uncertain how to respond to that issue. In addition, Mrs. Creelman had asked if the City assumed any risk if DSHS required fencing and retaining walls. Mr. Johns indicated there were conditions put in place to provide adequate fencing and adequate safety. When the children are in the play area, they will be supervised, and he was sure DSHS had specific guidelines regarding a certain number of supervisors for the children. He noted the 25-foot set- - 10- CITY COUNCIL MEETING 4797 November 5, 2002 OTHER back between the fencing and the bluff, and he was uncertain if the City would accept CONSIDERATIONS: any liability if there were an injury. Mr. Johns reiterated the City's opinion that the (Cont'd) issue of the 60-foot bluff had been appropriately conditioned. Creelman Appeal - CUP Discussion followed, and Councilman Campbell noted that one of the conditions 02-10 (Cont'd) stipulated there would be no proposed development within the 25-foot buffer. It would appear that one of the planned play areas comes fairly close to the buffer, and Mr. Johns responded that the specific play area would have been within the 25-foot buffer as originally drawn on the site plan. This precipitated the condition for the 25-foot setback, which is also required because it is an environmentally sensitive area. Mr. Johns further described the site plan, after which Councilman Campbell inquired as to the height of the cyclone fence. Mr. Johns responded the applicant is planning on a 5- foot fence. Director Collins indicated the correct procedure would be to next seek a rebuttal from the appellant. Mrs. Creelman returned to the podium and, referencing the site plans, indicated she had been informed by the City Attorney that the only site plan that could be addressed this evening was the original plan. However, she indicated that Mr. Johns had referenced other site plans, and she took exception to the discrepancy in the procedures followedin the appealprocess. Mrs. Creelman understood that the children would not be pre-schoolers; the older children could easily go over a 5-foot fence in order to retrieve a ball. She reiterated that a daycare does not belong on a 60-foot bluff, questioning the City's liability if anything does happen. Councilman Campbell queried as to the age of the children, and Mrs. Creelman thought they would be school age children. She felt it unfair to the elderly residents to allow this daycare, to allow the traffic, and to allow children on a 60-foot bluff. Director Collins identified two issues that may be troubling. One is how the fence will protect the children from the bluff, and he felt the combination of the fence and adult supervision to be the answer. The Council could consider the height of the fence and whether it would be adequate. The other issue is how a daycare center is unfair to the elderly residents, and Director Collins felt that in a conditional use, it is assumed to be a permitted activity as long as the conditions are applied in order to allow the activity in a permitted zone. He indicated that the safety of the children is of primary concern, : ,.' and the City is simply making a land use decision, not becoming responsible for the operation of the daycare center. He asked the Council to deny the appeal. Discussion followed with questions raised regarding the soil test and the height of the fence. Mayor Wiggins reflected on a similar situation in his neighborhood, which resulted in a very compatible center immediately next door to his residence. The individual Councilmembers expressed their position on the appeal, after which Councilman Headriek moved to deny the appeal and uphold the Planning Commission's September 11, 2002, decision citing Conditions 1 - 7, Findings 1 - 16, and Conclusions 1 - 8, as set forth in Exhibit "B" which is attached to and becomes a part of these minutes. The motion was seconded by Councilman Campbell. For the record, Attorney Knutson cautioned the Council that any reference in the packet or testimony to the site plan submitted following the Planning Commission hearing should not be considered - only the original site plan could be referenced. A vote was taken on the motion, which carried 4 o 0. Councilmembers Braun, Williams, and Rogers returned to the meeting. Independent Bible Church 2. Independent Bible Church (IBC) Appeal of Determination of Significance: Appeal of Determination of Significance Director Collins related that the Independent Bible Church applied for a Conditional Use Permit to expand the school and relocate their offices to the Church site at Ahlvers Road and Laurel Street. It is proposed that the appeal be continued in order to allow time for staff and IBC to work towards completing a limited scope Environmental Impact Statement to allow the project to move forward with proposed mitigation. -11- 4798 CITY COUNCIL MEETING November 5, 2002 Therefore, Councilmember Erickson moved to continue the appeal to December 3, 2002. The motion was seconded by Councilman Campbell and carried 6 - 0, with Councilman Williams abstaining. Soccer Club Storage 3. Soccer Club Storage Building at Lincoln Park: Building at Lincoln Park Parks & Recreation Director Connelly briefly reviewed the recommendation forwarded by the Parks, Recreation & Beautification Commission to approve the construction of a storage building at Lincoln Park. Director Connelly indicated similar buildings have been constructed elsewhere, and this is a good example of a partnership between the City and the youth groups. Following brief discussion on displaced parking that will be located in another area, Councilman Braun moved to approve the Parks, Recreation & Beautification Commission recommendation for the construction of a new equipment storage building at Lincoln Park by the Port Angeles Youth Soccer Club. The motion was seconded by Councilmember Rogers and carried unanimously. PUBLIC HEARINGS - None. QUASI-JUDICIAL: INFORMATION: It was noted there will be a Budget Committee meeting this coming Friday at 10:30 a.m. Mayor Wiggins thanked the committee members, as well as staff, for their diligence and hard work on the upcoming budget. Council was reminded of the Veteran's Day Regional Site Recognition on Monday, November 1 lth. EXECUTIVE SESSION: None. ADJOURNMENT: The meeting was adjourned at 10:50 p.m. ~Glenn Wiggins, Mayor B'e~'-~y ~. Up~c~C~-t3~erl~- ~' -- -~ - 12- Exhibit "A" 4799 FINDINGS AND CONCLUSIONS IN SUPPORT OF MCA 01-02B: Findings: Based on the information provided in the Department of Community Development Staff Reports in support of MCA 01-02B dated December 12, 2001, January 30, 2002, February 27, 2002, March 13, 2002, March 27, 2002, April 10, 2002, April 24, 2002, May 8, 2002, May 22, 2002, June 17, 2002, July 16, 2002, August 20, 2002, August 27, 2002, and November 5, 2002, including all information in the public record file, comments and testimony presented during the public hearings, the discussion and deliberation, the City of Port Angeles City Council hereby finds that: 1. Based on the deliberations and recommendations of the Citizen Code Advisory Committee, the City of Port Angeles proposed Municipal Code Amendments to change several sections of the Port Angeles Municipal Code, including Titles 14 Building and Construction, 16 Subdivisions, and 17 Zoning. 2. In 2001, the City Council established a Citizen Code Advisory Committee (CCAC) to review the language in all the City's land use, environmental, and construction codes. This committee was comprised of representatives of the building, professional, and environmental communities and met twice a month for four months. Their recommended amendments include suggested revisions to the Port Angeles Municipal Code, specifically Titles 14 (Building and Construction), 16 (Subdivisions), and 17 (Zoning). 3. Corrections are proposed throughout the Municipal Code which reflect changes in department name from "Building Division" or "Planning Department" to "Department of Community Development," and in staff titles from "Planning Director" to "Community Development Director," and "Public Works Director to Director of Public Works and Utilities," and "Building Inspector" to either "Building Official" or "Community Development Director" where appropriate. 4. Per Section 17.96.100 Amendments, any amendments adopted by the City Council may be modified from the form in which they were advertised within the limits necessary to relate properly such amendment or amendments to the Zoning Regulations. Final action on such modifications shall be subject to review and report of the Planning Commission prior to final passage by the City Council. 5. The entire City Comprehensive Plan was reviewed with regards to the proposed municipal code amendments, and the most relevant goals, policies, and objectives included, but were not limited to, Growth Management Element Policy A(1)(a, c, d, f, g, k, and 1), Land Use Element Goal A, Policies A. 1 and A.2, Objective A. 1, Goal B, Goal D, Policy D. 1, Goal E, Policies E.3 and E.5-E.8, Goal F, Policies F.1 and F.2, Goal H, Transportation Element Policies A.3 and A.6, Goal B, Policies B.1 and B.10-19, Objectives B.1-B.3, Utilities and Public Services Element Policy A. 1, Goal C, Policies C.2-C.6, Goal D, Policies D.1, D.6-10, Housing Element Goal A, Policies A.1 and A.5, Conservation Element Goal A, Policies A.1-A.3, Policies B.3-B.6, B.21, Objectives B.3, Capital Facilities Element Goal A, Policies A. 1-A.4, A.7, A.9-A. 13, Goal B, Policies B. 1-B.7, 48OO Findings and Conclusions - MCA Ol-02B November 5, 2002 Page 2 Objective B.1, Goal C, Policies C.1-C.5, Economic Development Element Goal A, Policies A. 1, A.4, A.6, Goal B, Policies B. 1 and B.5. 6. A Determination of Non-Significance No. 982 was issued for the proposed municipal code amendments on May 23, 2002. 7. The City Planning Commission conducted public hearings on March 13, April 10, May 8, and May 22, 2002, with regard to the proposed Municipal Code Amendments and recommended that the City Council approve certain amendments to the Municipal Code following the May 22, 2002, public hearing. 8. The City Council conducted public heatings on June 17, July 16, and August 20, 2002, with regard to the proposed Municipal Code Amendments. Following the City Council's August 20, 2002, Council closed the public hearing and continued deliberation of the matter. Conclusions: Based on the information provided in the Department of Community Development Staff Reports in support of MCA 01-02B dated December 12, 2001, January 30, 2002, February 27, 2002, March 13, 2002, March 27, 2002, April 10, 2002, April 24, 2002, May 8, 2002, May 22, 2002, June 17, 2002, July 16, 2002, August 20, 2002, August 27, 2002, and November 5, 2002, including all information in the public record file, comments and testimony presented during the public hearings, the discussion and deliberation, the City of Port Angeles City Council hereby finds that: 1. The proposed amendments are intended to refine wording, correct obvious errors, clarify existing procedures and requirements, and help to make the code language easier to comply with and to understand. 2. The municipal code amendments as proposed are consistent with the goals and policies of the City's Comprehensive Plan including, but not limited to, Growth Management Element Policy A(1)(a, c, d, f, g, k, and 1), Land Use Element Goal A, Policies A. 1 and A.2, Objective A.1, Goal B, Goal D, Policy D.1, Goal E, Policies E.3 and E.5-E.8, Goal F, Policies F. 1 and F.2, Goal H, Transportation Element Policies A.3 and A.6, Goal B, Policies B.1 and B.10-19, Objectives B.1-B.3, Utilities and Public Services Element Policy A. 1, Goal C, Policies C.2-C.6, Goal D, Policies D. 1, D.6-10, Housing Element Goal A, Policies A. 1 and A.5, Conservation Element Goal A, Policies A. 1-A.3, Policies B.3-B.6, B.21, Objectives B.3, Capital Facilities Element Goal A, Policies A. 1-A.4, A.7, A.9-A. 13, Goal B, Policies B. 1-B.7, Objective B.1, Goal C, Policies C. 1-C.5, Economic Development Element Goal A, Policies A. 1, A.4, A.6, Goal B, Policies B. 1 and B.5. 3. The amendments will result in improved public service relating to permit processing and regulation clarification, making the Municipal Code requirements easier for the general public to read and understand. 4. The proposed municipal code amendments help to describe the desired urban design of the City of Port Angeles and how development regulations implement the Comprehensive Plan. 4801 Findings and Conclusions - MCA Ol-02B November 5, 2002 Page 3 5. The proposed municipal code amendments are in the public interest. Adopted by the Port Angeles City Council at its meeting of November 5, 2002. -'~enn Wiggins, Mayor B~-ck~-~.-U~n, ~ty C eriU- - - Exhibit "B" 4802 CONDITIONS, FINDINGS AND CONCLUSIONS IN SUPPORT OF DENIAL OF APPEAL OF CONDITIONAL USE PERMIT CUP 02-10: Conditions: 1. The applicant shall provide a minimum of five parking spaces for employees and two parking spaces for pick-up and drop-off. All parking shall be paved with asphalt and striped to meet City standards. 2. The applicant must apply for and be issued a Clearing and Grading Permit prior to the start of construction for the parking area. 3. The applicant shall provide a parking plan showing the appropriate number of parking spaces (including handicapped parking), location of ingress and egress from the parking area, travel patterns through the parking area, and stormwater drainage plans meeting the requirements of the Public Works and Utilities Department. These plans must be submitted prior to issuing a Clearing and Grading Permit for the construction of the parking area. 4. The parking and loading area shall be designed for one-way vehicle movement with separate ingress and egress points. 5. Play areas shall be fenced and separated from the steep slopes, driveways, and parking areas. 6. Soils in outdoor play areas shall be tested for content of potentially harmful materials resulting from the proximity to the Rayonier mill site. 7. No new development, either structures or paving may be any closer than 25 feet from the top of the bluff that is located on the site. Any proposed development to be located within the 25-foot buffer must be accompanied by a Geo-technical Report indicating that such development will not cause the bluff to become more unstable. Findings: 1. The applicant Mary Lea Amundson submitted a Conditional Use Permit application to establish a Child Day-Care Center on August 16, 2002. 2. The application is for a conditional use permit to use an existing single family residential unit on an RS-7 Residential Single Family zoned property for a Child Day-Care Center. 4803 Conditions, Findings, and Conclusions - CUP 02-10 November 5, 2002 Page 2 3. The site contains an environmentally sensitive area. The top of the Ennis Creek ravine forms a steep bluffthat runs through the property on a north/south line. PAMC 15.20.070.B.2. requires a 25-foot buffer of undisturbed vegetation to be established at the top of marine bluffs and ravines. 4. Section 17.17.08.020 - "C"(C) of the Port Angeles Municipal Code defines a Child day-cam center as "a child day-care center provides for the care of 13 or mom children. The child day-care center shall not be located in a private family residence unless the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation or is separated from the ususal living quarters of the family." 5. The subject property is located in the 500 block of North Liberty Street between Water and Columbia Streets. The property is legally described as Lots 10 to 19 inclusive in Block 2 of Cain's Addition of Suburban Lot 36, together with vacated alley and Lots 14, 15, 16, 17, 18 and is approximately 52,640 square feet in size. 6. The subject property contains an existing, one-story single family residence that has approximately 1,338 square feet of floor area and an existing two-car garage that has a footprint of approximately 440 square feet. In total, the lot coverage is 1,778 square feet, or 7% and well below the maximum of 30%. 7. PAMC 14.30.030(E) requires 1 parking space per employee and two parking spaces for pick-up and drop-off of children for child day-care center serving more than 12 children. The applicant indicated that them would be 5 employees at the day-care center. 8. The Comprehensive Plan designates the site as Commercial (C). Adjacent designations include Commercial to the west and south, Open Space (OS) to the east and Industrial (I) and Medium Density Residential (MDR) to the north. 9. The property is zoned RS7 and Public Buildings and Parks. Properties to the west and south are also RS-7. To the north is zoned Industrial Light at the top of the bluff and Industrial Heavy below the bluff. The area adjacent to the north and east is zoned PBP Public Buildings and Parks, and is the Ennis Creek ravine and marine bluff. 10. The City's Parking Ordinance requires parking spaces to be a minimum of 8.5 by 18 feet in length and that one off-street parking space be provided for each employee of a child day-care center and two parking spaces be provided for unloading under PAMC 14.40. 11. The site is located in an area designated Commercial on the Comprehensive Plan 4804 Conditions, Findings, and Conclusions - CUP 02-10 November 5, 2002 Page 3 Land Use map and is in the Eastern planning area. The Comprehensive Plan's Land Use Element Policies C1 and D1 are the most relevant to the application. 12. A Determination of Non-Significance was issued for this proposed action on September 5, 2002. 13. The Public Works and Utilities Department commented, "1) The proposed parking lot is to be asphalt paved with storm drainage detention, parking lot catch basin with oil separator "T". Discharge drainage to storm drain at Columbia and Liberty Streets. No discharge over the hill side. 2) Submittal of a parking plan layout will be required. Show required number of parking stalls, including handicap. Design to City standards. 3) East/West alley is not vacated as shown on sketch. The North/South alley adjacent to Lots 14-18 is vacated per Ord. 607." 14. Three written comments were received on the proposal prior to the completion of this staff report. September 10, 2002 is the end of the public comment period provided for in the legal notice. 15. A letter from Vi Creelman appealing the Planning Commission's decision was received on September 25, 2002. 16. The hearing for the appeal was duly noticed on October 4, 2002, pursuant to PAMC 17.96.140. Conclusions: 1. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan's Commercial Land Use Designation, the Comprehensive Plan's Land Use Element Policies C1 and D1. 2. The Comprehensive Plan allows for subordinate and compatible uses within different zones, including residential zones. It also specifies that Child Day-Care Centers should be allowed in certain zones by conditional use. 3. The proposed use, a Child Day-Care Center, is consistent with the purpose of RS- 7 zone, as it is compatible with adjacent residential uses, in that family child care needs will be served. If the proposed use complies with certain definitions and the design and performance standards set forth by the Zoning Code, then it can be deemed consistent with the Zoning Code. 4. As conditioned, the proposal is consistent with the definition of Child Day-Care Center under PAMC 17.08.020(C) and the purpose of the RS-7 zone. 4805 Conditions, Findings, and Conclusions - CUP 02-10 November 5, 2002 Page 4 5. AS conditioned, the proposal is consistent with the requirements for approval of a conditional use permit as specified in PAMC 17.96.050. 6. As conditioned, the proposal is consistent with the Parking Ordinance, PAMC 14.40. 7. As conditioned, the proposal is in the public use and interest. 8. The Port Angeles City Council considered an appeal of the Conditional Use Permit CUP 02-10 approval on November 5, 2002, and upheld the conditional use approval, denying the appeal. Adopted by the Port Angeles City Council at its meeting of November 5, 2002. Glenn Wiggins, Mayor Becky J. UptQ n, Clerk