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HomeMy WebLinkAboutMinutes 12/06/1994 2911 CITY COUNCIL MEETING Port Angeles, Washington December 6, 1994 CALL TO ORDER - Mayor Sargent called the special meeting of the Port Angeles City Council to order SPECIAL MEETlNG: at 6:02 p.m ROLL CALL: Members Present: Mayor Sargent, Councilmembers Braun, Doyle, Hulett, · McKeown, Ostrowski, and Schueler. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, S. Brodhun, B. Collins, L. Glenn, S. Ilk, J. Pittis, B. Titus, Y. Ziomkowski, K. Ridout, B. Becket, M. Campbell, and G. Kenworthy. Public Present: R. Brown, I. Baumwell, B. Smithson, E. Hansen, and M. Caltrader. Interview Candidates for Interview Candidates for Vacancy on Board of Adjustment Vacancy on Board of Adjustment Thomas Hunt and Barbara Kaufmann were interviewed for a vacancy on the Board of Adjustment. ADJOURN TO The Council adjourned to Executive Session at 6:25 p.m. to discuss a matter of EXECUTIVE SESSION: litigation for approximately 20 minutes. RETURN TO The meeting returned to open session at 6:53 p.m. REGULAR SESSION: CALL TO ORDER - Mayor Sargent called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:05 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Fire Chief Glenn. ALLEGIANCE: CEREMONIAL 1. Proclamation Honoring the Service of Retiring Fire Chief Larry Glenn MATTERS/ PROCLAMATIONS: Mayor Sargent read a proclamation honoring the service of retiring Fire Chief Larry Glenn. APPROVAL OF Councilman Ostrowski moved to approve the minutes of the regular meeting of MINUTES: November 15, 1994. Councilman Schueler seconded the motion, which carried unanimously. Councilman Braun moved to approve the minutes of the special meeting of November 29, 1994. Councilmember McKeown seconded the motion, which carried by a majority vote, with Councilman Schueler abstaining due to absence from the meeting. CITY COUNCIL Councilman Braun attended a Clallam County Transit Authority Board meeting, a COMMITTEE Law and Justice Council meeting, three special Council meetings on the budget, and REPORTS: a Real Estate Committee meeting. Councilman Braun also attended a meeting with the Mayor, City Manager, and Bart Phillips of the EDC to discuss sending a letter to the Governor stating the City would like Area 6 left open for fishing this year. Councilman Doyle attended a Real Estate Committee meeting. Councilman Schueler attended a Clallam County Community Network meeting on December 1 and 2. He gave a brief explanation of this committee's goals and 2912 CITY COUNCIL MEETING December 6, 1994 CITY COUNCIL functions. He also attended a meeting of the Health Advisory Committee. COMMITTEE REPORTS: Councilman Ostrowski stated that Tuesday, December 13, 1994, the Washington (Cont'd) Coastal Corridor is sponsoring an open house informational meeting at the John Wayne Marina from 3:00 - 5:00 p.m. All are welcome to attend. Councilman Ostrowski also attended a Real Estate Committee meeting, where values for real estate vacations were established. These vacations are on this evening's agenda. Councilmember McKeown attended two meetings with representatives from different lodging groups regarding the additional 2 % hotel/motel tax. Councilman Hulett attended Public Information and Youth Task Force meetings, and the meeting held on the 2 % hotel/motel tax. Mayor Sargent attended an Economic Development Council meeting, as well as a meeting of the Retirement Committee. FINANCE: I. Final Payment and Acceptance of Sidewalk Project No. 94-03 Sidewalk Project Mayor Sargent reviewed the information provided by the Department of Public Works. Director of Public Works Pittis reviewed the sidewalk project and the areas which were improved by this project. He noted the emphasis placed on areas surrounding schools, such as Hamilton and Jefferson. Also, the cooperative projects with citizens successfully replaced approximately 24,000 square feet of sidewalk. Councilmember McKeown moved to accept the project and authorize final payment of $12,841.81 to Primo Construction, Inc., and upon receipt of clearances from the Depariment of Revenue and Department of Labor & Industries, release retainage in the amount of $4,919.11. Councilman Schueler seconded the motion, which carried unanimously. 2. Consideration of Contract with Brown and Caldwell for Engineering Services on Outfall Extension Study, Compost Facility, Silvaculture Planning and Plant Operation and Permit Assistance. This item was removed from the agenda. CONSENT AGENDA: Councilman Ostrowski moved to accept the Consent Agenda, including: (I) Voucher list for - December 2, 1994 - $2,433,744.74; and (2) Payroll - November 20, 1994 - $348,540.64. Councilman Hulett seconded the motion. After brief discussion, a vote was taken on the motion, which carried unanimously. ITEMS FROM THE None. AUDIENCE/COUNCIL/ STAFF TO BE CONSIDERED OR PLACED ON A FUTURE AGENDA: LEGISLATION: A. Public Hearings Street Vacation - Safeway I. STREET VACATION PETITION- SAFEWAY- STV 94(11)08, Fourth Street Ordinance No. 2845 between Lincoln and Laurel: Petition to vacate a portion of right-of-way. Mayor Sargent reviewed the procedures by which the public hearing would be conducted, as well as the information provided by the Planning Department. She opened the public hearing at 7:31 p.m. Mitchell Johnson, a registered architect representing Safeway Store, used the overhead projector to demonstrate the proposed store construction and explained why the street vacation was necessary. He noted that, once completed, this will be one of Safeway's most modern stores in the Seattle region. He explained the site plans and advised the Council that a US West transmission line will have to be moved. Mr. Johnson advised the Council that it was Safeway's position that monies paid to the City by Safeway for the street vacation should be used for stormwater and sewer separation along Lincoln Street. This is a major capital improvement for the drainage basin of the downtown area. Manager Pomeranz indicated this would be subject tO negotiation, and the Council can decide how much of this money would go to drainage improvements. The Real Estate Committee is taking this matter under -2- 2913 CITY COUNCIL MEETING December 6, 1994 LEGISLATION: advisement. (Cont'd) Mr. Johnson~then answered ;various questions presented by the Council regarding Street Vacation - Safeway grading and parking. Ordinance No. 2845 (Cont'd) Peter Ripley, 114 E. Sixth Street, indicated he is a Safeway employee and is supportive of the street vacation, as a new store will provide job opportunities. Terry Payseno, Manager of the Safeway Store, noted the new grocery stores recently built in Sequim. He expressed the desire to have sales stay in Port Angeles; he felt Port Angeles could support two large, modem superstores. Erl Hansen, Executive Director of the Port Angeles Chamber of Commerce, stated that the Chamber of Commerce is in full support of the Fourth Street vacation. He thanked Safeway for showing confidence in Port Angeles. Lois McLanghlin, 1340 Eva Cove Street, has been a Safeway employee for 16 years. She expressed support for this vacation, as she felt the new store would be an asset to the City. Councilman Ostrowski expressed concern that there might be damage done to the street while removing the excess soil from the building site. Mr. Johnson stated that it is uncertain at this time how much earth will be hauled; the best method for transporting is being reviewed in an effort to assure the least amount of damage. There being no further testimony, Mayor Sargent closed the public hearing at 8:46 p.m. Director Collins offered a correction to Condition g2 of the Ordinance whereby "short plat" should be changed to "replat'. Also, it was noted that, in Condition #1, the word 'finaled" should be changed to "finalized". Mayor Sargent asked the Real Estate Committee if compensation for the street vacation had been computed. Councilman Ostrowski replied that the Committee had established the total value for the property to be vacated at $252,000. The City can charge 50 % of this amount, which brings the total value of the property to $126,000. Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2845 AN ORDINANCE of the City of Port Angeles, vacating a portion of Fourth Street, lying between Lincoln Street and Laurel Street, Port Angeles, Washington. Councilman Hulett moved to adopt the amended Ordinance as read by title, subject to Conditions 1 - 6 and citing Findings 1 - 9 and Conclusions A - B, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes, with compensation in the amount of $126,000. Councilman Braun seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanilnonsly. Street Vacation- 2. STREET VACATION PETITION - SHILLINGTON- STV 94(10)07, "A~ Shillington Street north of Fourth Street: Petition to vacate a portion of right-of-way. Mayor Sargent reviewed the information provided by the Planning Department, noting correspondence from Gary & Jeanne LeSarge was to be made part of the public record. She opened the public hearing at 7:50 p.m. Inge Baumwell, 175 Harrington Road, was present to represent Dr. and Mrs. Torrance, purchasers of the Shillington property. Ms. Banmwell requested a partial vacation of the 8th Street right-of-way abutting Lot 11, Block 98. She presented photographs to the Council for clarification of the land under discussion. Dr. Torrance was concerned that the Right-of-Way Use Permit might be withdrawn in the future. The right-of-way north of the area in question was already vacated from the alley northwest in 1978. Should this vacation be granted, the Torrances would agree to any conditions the Council may determine appropriate. MS. Baumwell respectfully requested that the Council grant the petition. There was no further testimony, and the public hearing was closed at 7:55 p.m. Discussion followed concerning an easement for utility lines, as well as the garage -3- 2914 CITY COUNCIL MEETING December 6, 1994 LEGISLATION: presently iocatod in the right-of-way. Also, in response to an inquiry from (Cont'd) Councilman Hulett, Director Pittis explained the garage has been a pre-existing, non- conforming structure. Director Collins explained that, if the Council should choose Street Vacation- to deny the request, a Right-of-Way Use Permit would still be permitted. Shillington (Cont'd) Councilman Doyle inquired about improvements, and Director Collins indicated future improvements would not be allowed, particularly became this area is intended to serve as a scenic viewpoint. In the ensuing discussion, Mayor Sargent noted the Right-of-Way Use Permit had been brought current by the new owners of the property. Councilman Ostrowski moved to concur with the recommendation of the Planning Commission to deny the petition, citing Findings 1 - 9 and Conclusions A - C, as set forth in Exhibit "B", which is attached to and becomes a part of these minutes. Councilman Schueler seconded the motion, which carried unanimously. Zoning Code Amendment 3. ZONING CODE AMENDMENTS TO ENSURE COMPLIANCE WITH THE COMPREHENSIVE PLAN Mayor Sargent reviewed the information provided by the Planning Department. Councilman Doyle requested that Planning Director Collins explain what was meant by "the Planning Commission determined more analysis of the revisions and more time for public notification is needed". Director Collins explained that, after several hours of testimony, the Planning Commission was concerned that property owners needed more time to respond to Zoning Map issues, and a more detailed analysis needed to be done on a case-by-case basis for all properties proposed for changes in zoning. Director Collins recommended that the public heating be opened and testimony taken; however, no action should be taken at this time. He felt the Council should either wait for the Planning Commission or indicate to the Planning Commission that the Council would like advice from the Commission by December 20. Mayor Sargent asked what the consequences might be if the deadline is not met and would the City have the opportunity, to request another extension. Director Collins explained that he had sent a letter to the State in this regard; however, there has been no response as yet. He was unsure as to the consequences for failure to meet the deadline. He indicated there could be a possibility that the City would lose its advantage for obtaining grant funding from the State. Mayor Sargent opened the public hearing at 8:20 p.m. Jack Glaubert, E. Sequim Bay, advised the Council that he is the owner of property ,;vhich was in contention at the Planning Commission meeting. He had requested that his property not be rezoned as part of the Comprehensive Plan. Further, he had no advance notification that he was going to be impacted by a zoning change. Mr. Glaubert expressed the need to have time to review the rezone and make adjustments at his discretion, rather than the City's. Tony Kapetan, 1114 Madrona, felt that serious discussion regarding the proposed zoning changes and how they impact the property owners and the adjacent properties was necessary. Mr. Kapetan also felt that what was said at the Planning Commission meeting and what is being said tonight are completely different. He asked Director Collins what would happen if the property owners did not object to a rezone, but the adjacent property owners expressed opposition. Director Collins responded that the Planning Commission is not recommending any properties be rezoned at this time. They are recommending the City wait and do this as time permits in 1995. Regarding those properties where testimony was received, Director Collins did not believe it was the intention of the Planning Commission, Planning staff, or the Growth Management Advisory Committee to force the issue if there was a concern or question. It was the recommendation of the GMAC and staff that when property owners objected, or needed more time, that those people be given additional time. This would not necessarily apply to the adjacent property owners. Mr. Kapetan understood the recommendation to be that the City would not go forward with any rezoning by the January 1 deadline. Director Collins agreed that -. this was correct. Mr. Kapetan sought further clarification to which Director Collins responded. Mr. Kapetan expressed displeasure with a Comprehensive Plan that was unfamiliar to the citizens, not from lack of interest, but because the issues are so unclear. Mr. Kapetan reviewed the means by which he was informed of this matter and noted the fact that his neighbors were also unaware of matters under consideration on rezoning. He was certain this issue could not be concluded by January 1, as the residents in the area under consideration have not been advised of '- 4 - 2915 CITY COUNCIL MEETING December 6, 1994 LEGISLATION: the proposed zoning changes. Mr. Kapetan requested that Planning Director Collins (Cont'd) bring out a copy of the official map so that he could see the plans for his neighborhood. Mr, Kapetan~ felt the west side of town was being hit the heaviest Zoning Code Amendment with the rezoning issue, that the west side already had many more apartments than (Cont'd) were necessary, and that these rezoning plans should be implemented elsewhere. He specifically addressed the area between Highway 101 to West 16th and the Truck Route to South ~F~ Street. Mayor Sargent felt that some of the problems were created because the Growth Management Act had set deadlines with which the City was trying to comply. Mr. Kapetan reiterated that more apartments were totally unacceptable in his area. He stated that he had approximately six pages of signatures against this zoning, or any zoning change in the area. Mayor Sargent asked Mr. Kapetan to use the map to show the Council the specific area in question. Mr. Kapetan stated that many of his neighbors wished to attend this evening's meeting, but had previous engagements as they did not have enough advance notice. Mr. Kapetan generated a discussion regarding the six lots which Serenity House has arranged to purchase from the City. Director Collins reported that these lots are proposed for a rezone to RMD, which would permit the Serenity House development. Manager Pomeranz explained that the sale of the land to Serenity House was contingent upon several things, one of which was a successful rezone. Mr. Kapetan asked for clarification as to who presently owns the property. Mr. Kapetan felt this sale and rezone was a conflict of interest, as the government which is approving the zoning change is the agency which is doing the selling. Mr. Kapetan stated that his main concern is that the City wants to rezone R-7 to RMD, and this is greatly opposed by the residents of the area. After reviewing the Serenity House file, Manager Pomeranz reported that the property was sold to Serenity House, but finalization and transference of the deed is still contingent upon several factors, one of which is that Serenity House obtain grant funding, by January, 1995. The sale is also contingent upon the purchaser obtaining a rezone of the property compatible with use of the property for a 16 unit complex. Therefore, the City still has an interest in the property. Mr. Kapetan noted that zoning restrictions are the only protection an area has from undesired development. He spent a great deal of time at the dais explaining his specific concerns to the members of the City Council. He subsequently read into the record a letter from his wife and presented a petition to the Council with approximately 60 signatures opposing any rezones' in the referenced area. William Kirkman, 1006 Glenwood Street, commented on the proposed rezoning of the land located south of Lauridsen Boulevard between the "C" Street extension and Newell Road. Mr. Kirkman felt this area was already impacted by multi-family housing. He expressed concern with a rezone which would increase traffic in the area, thereby creating a hazard for children walking to and from school. Mr. Kirkman was also concerned with water runoff creating an increasing problem with standing water in yards during the rainy season, as there is not adequate drainage in place. Mr. Kirkman requested this area be zoned single family residential to minimize the impact on an area that cannot adequately serve the existing residents. Jerry Austin, 1305 East First Street, attended the last Planning Commission meeting. Most people had not received notice, but there was a large turnout. He requested that the Council study the minutes of that meeting before taking action on this issue. Councilman Braun asked when the minutes of the November 30 Planning Commission would be available. Director Collins stated that they would be part of the packet for the December 20, 1994, Council meeting; however, if the Council wished to have them early, this was possible. There being no further testimony, Mayor Sargent closed the public heating at 9:05 p.m. Councilman Doyle stated that he did not see how the City could meet the GMA requirements and have this issue resolved by December 31, 1994. Councilman Hulett asked how this issue was handled regarding posting. Director Collins explained that the City placed the required legal notice in the paper, attempted to obtain labels for all properties recommended for rezone and mailed notices to those property owners. This mailing did not include adjacent neighbors, such as Mr. Kapetan. Councilman Schueler stated that the GMAC has worked very hard on this issue for a very long time, and the meetings held were public. He found it troubling that members of the public would come forward at such a late date and criticize the hard work and effort which has gone into this subject. Councilman Ostrowski moved to table this item to the December 20, 1994, Council meeting in order to have more information available to determine if the extension should be granted. Councilman Doyle seconded the motion. A vote -5- 2916 CITY COUNCIL MEETING December 6, 1994 LEGISLATION: was taken on the motion, which carried unanimously. (Cont'd) Director Collins requested clarification, as he understood the motion was to table the Zoning Code Amendment item to give the Council time to review the Planning Commission minutes and (Cont'd) further, there was no direction being given to the Planning Commission to provide the Council with any additional information. Mayor Sargent agreed this was correct. Director Collins understood there would be no option for meeting the deadline of January 1, 1995, at the December 20, 1994, meeting as there would be no recommendation forwarded from the Planning Commission at that time. Mayor Sargent stated that this was correct. Councilman Schueler, however, felt there were options available where the City might be able to meet the deadline and still reserve decisions on specific properties. Director Collins stated that he felt the Council would have to give the Planning Commission this direction tonight. Councilman Schueler moved to direct the Planning Commission to provide the Council with a recommendation about the possibility of complying with the regulations and still leave the contested rezones open to further dialogue into 1995. The motion was seconded by Councilman Braun. At Councilman Hulett's request, Councilman Schueler further clarified his motion and stated this may entail another Planning Commission meeting and a special Council meeting before the end of the year. Director Collins indicated the next Planning Commission meeting is scheduled for December 14; therefore, it is possible to come back to the December 20 Council meeting with further recommendations. He offered to publish a map prior to the December 14 meeting, which would help alert people to the changes involved. After further discussion, the motion was restated by the Mayor and Clerk. Further lengthy discussion ensued, and Councilman Doyle expressed the opinion that it would be difficult for the intent of the motion to be accomplished, as most residents wouldn't even know their property may be involved. Attorney Knutson suggested the possibility of having the Planning Commission consider amending the Zoning Code to provide for those developments inconsistent with the land use map of the Comprehensive Plan whereby a rezone would have to be obtained in order to be consistent. Lengthy discussion followed. Break Mayor Sargent recessed the meeting for a break at 9:27 p.m. The meeting reconvened at 9:45 p.m. Clerk Upton restated the motion, as follows: "to seek a recommendation from the Planning Commission on Zoning Code amendments by December 20, 1994, and to prepare areawide rezone changes to the Zoning Map by August, 1995, and to include a provision in the Zoning Code amendments for the 20th that would require new developments to obtain a rezone if the current zone is not consistent with the Comprehensive Plan's land use map." Attorney Knutson explained that the motion is asking the Planning Commission to make a recommendation by the 20th as to the long list of amendments to the text of the Zoning Code. Further, the Planning Commission is being asked to go ahead with its schedule regarding areawide rezone changes by August, 1995, and to include with the Zoning Code amendments for the 20th a provision stating that in the meantime, if a proposed development is inconsistent with the Comprehensive Plan land use map, the developer would have to apply for a rezone. This would make the Comprehensive Plan and the Zoning Code consistent with each other by January 1, 1995, and deal with development proposals that may be inconsistent with the land use map. After further discussion, Councilmen Schueler and Braun, as maker and seconder of the motion, agreed to the motion as stated by Clerk Upton. Brief discussion followed, after which a vote was taken on the motion, which carried unanimously. Zoning Code Amendment 4. ZONING CODE AMENDMENT- ZCA 94(11)06- CITY OF PORT ANGELES: Amendment to the Zoning Ordinance to allow the inclusion of regulations allowing the use of, and defining the use of, zoning lot covenants. Mayor Sargent reviewed the information provided by the Planning Department and opened the public hearing at 9:55 p.m. There was no one who wished to address the issue, and Mayor Sargent. closed the public hearing at 9:55 p.m. Discussion followed, with the Council requesting clarification of some of the proposed changes. Councilman Doyle noted that the Planning Commission recommendation was what he had hoped for when the matter was previously considered by the Council. -6- 2917 CITY COUNCIL MEETING December 6, 1994 LEGISLATION: Councilman Ostrowski moved to have staff prepare an ordinance per the (Cont'd) Planning Department's November 9, 1994, staff report. The motion died for lack of a second. ~ · i Zoning Code Amendment (Cont'd) Councilman Doyle moved to advise staff to prepare an ordinance per the Planning Commission's recommendation (Variation 3) to be brought back to Council at the December 20, 1994, meeting, citing Findings I - 6 and Conclusions A - C, as set forth in Exhibit "C", which is attached to and becomes a part of these minutes. Councilman Hulett seconded the motion, which carried unanimously. Meeting Extended Councilman Braun moved to extend the meeting past 10:00 p.m. Past 10:00 p.m. Councilmember McKeown seconded the motion, which carried unanimously. Municipal Code 5. MUNICIPAL CODE AMENDMENT- COMPLIANCE WITH SEPA. Amendment Mayor Sargent reviewed the information provided by the Planning Department. Director Collins advised the Council that there was no public testimony received on this issue by the Planning Commission. The Planning Commission's discussion focused on the issue as a matter of housekeeping. Director Coil.ins then reviewed the changes made to the Municipal Code as stated in the draft ordinance. Mayor Sargent opened the public hearing at 10:10 p.m. Jack Glaubert, East Sequim Bay, asked Director Collins about the proposed changes, and Director Collins explained that under the SEPA Ordinance there are local policies adopted by reference, which allows for the City's review of projects with local policy. A new Comprehensive Plan was adopted in June, and housekeeping measures must be made to reflect this change. Mr. Glaubert was concerned with the possibility of the Council making a determination this evening, lacking the benefit of having the Planning Commission minutes available for review. Director Collins indicated the matter could be deferred until the time the minutes are available to the Council. Councilman Ostrowski moved to continue the public hearing to December 20, 1994. Councilman Braun seconded the motion, which carried unanimously. 1995 Budget 6. 1995 Budget Mayor Sargent explained that the Council has had two work sessions on the proposed budget for i995, copies of which are available from the City Clerk for review by the public. Acting Finance Director Ziomkowski distributed copies of proposed budget changes to the Council, and using the overhead projector, provided a brief review of the proposed budget. Mayor Sargent opened the public heating at 10:25 p.m. There being no public testimony, Mayor Sargent closed the public hearing at 10:25 p.m. Manager Pomeranz stated that the City can be proud of the fact that its budget is increasing by only a little more than 4 %. Comparing expenditures to the prior year, there is a total budget decrease of 2.20%. Councilman Schueler pointed out that, within the budget, there is human services funding. He reviewed his proposed allocation of these funds. -The proposed funding amount for human services is $129,172. Councilman Schueler stated that his proposal differs slightly from the recommendation of the United Way Board. He felt increased funding could be better used to increase the allocation for 'the First Step Drop-In Center. This money would be used for a new service which could have a positive effect on parenting skills of young, single mothers. Councilman Schueler summarized some of the other allocations and stated that a larger percentage of the funds is going to prevention'programs this year. A discussion followed, and the Council lauded the efforts of the YMCA youth programs that help keep teenagers off the streets at night. Mayor Sargent thanked Councilman Schueler for all the hard work and effort he put into this matter. 2918 CITY COUNCIL MEETING December 6, 1994 LEGISLATION: B. Ordinances Not Requiring a Public Hearing (Cont'd) Mayor Sargent reviewed the information provided by Councilman Schueler. Tattoo Ordinance - Councilman Schueler pointed out that the current tattoo ordinance is archaic and Ordinance No. 2846 needs to be updated. He will present this Ordinance to the County Health Board in February in an attempt to have this ordinance passed on a county-wide basis. Councilman Braun was concerned as to who would be serving as the medical professional as referenced in the proposed ordinance. Manager Pomeranz stated that the City would have to contract with someone for this service. Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2846 AN ORDINANCE of the City of Port Angeles, Washington~ related to permits and regulations for tattoo shops and amending Ordinance 2304 and amending and recodifying Chapter 8.40 as Chapter 5.70 of the Port Angeles Municipal Code. Councilman Ostrowski moved to adopt the Ordinance as read by rifle. Councilmember McKeown seconded the morion. After further brief discussion, a vote was taken on the morion, which carried unanimously. Arson Task Force - C. Resolutions Not Requiring Public Hearings Resolution 23-94 1. Resolution Recognizing Need for .4rson Task Force Mayor Sargent read the Resolution by title, entitled RESOLUTION NO. 23-94 A RESOLUTION of the City of Port Angeles, Washington, supporting interlocal cooperation agreements with other fire departments within Clallam County for an arson abatement program. Fire Marshal Becket explained that Council is being asked to support the concept of the City Fire Department supporting Fire Districts 2 and 3 in the event an arsonist should move from one jurisdiction to another. He then introduced Chief Tom Lowe, Clallam County Fire District No. 3. Chief Lowe explained that lack of funding in the State Fire Marshal's office left the outlying fire districts without investigators for arson cases. The Fire Commissioners of.Fire Districts 2 and 3 have passed similar resolutions, as has Clallam County. It is hoped that the City of Sexluim will pass one also. He thanked the Council for their consideration of this matter. Councilman Braun moved to pass the Resolution as read by title. Councilman Hulett seconded the morion, which carried unanimously. Planning Commission D. Planning Commission Minutes/Action Items Minutes/Action Items 1. Planning Commission Minutes of November 9, 1994 Councilman Braun moved to accept the minutes of November 9, 1994. Councilman Doyle seconded the morion, which carried unanimously. 2. Planning Commission Minutes of November 16, 1994 Councilmember McKeown moved to accept the minutes of November 16, 1994. Councilman Doyle seconded the morion, which carried unanimously. Appointment to Board E. Other Considerations of Adjustment 1. Appointment to Board of Adjustment Mayor Sargent asked Clerk Upton to conduct a roll call vote to fill a vacancy on the Board of Adjustment. Councilmember McKeown cast a vote for Tom Hunt. Mayor Sargent and Councilmen Hulett, Ostrowski, Schueler, Doyle, and Braun cast a ballot for Barbara Kaufmann, who was, therefore, appointed to the Board of Adjustment. -8- 2919 CITY COUNCIL MEETING December 6, 1994 LEGISLATION: 2. Award of Bids for Surplused Bentonite and Wastewater Treatment Tanks (Cont'd) Councilman Doyle moved to accept the bid from Rayonier for the 4000 gallon Award of Bids for tank in the amount of $1000.00 and the bid from Pelican Industries, Inc., for Surplus Tanks the 2000 gallon tank in the amount of $550.00 and to authorize the Public Works Deparhi~ent to seek a buyer for the bentonite and negotiate the best price possible. Councilman Hulett seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Lease with Port 3. Continuation of Lease with Port of Port Angeles for Railroad Avenue Right- of-Way Mayor Sargent reviewed the information provided by the Public Works Department, and Deputy Public Works Director Ridout explained the minor changes and adjustments made to the lease agreement, as referred to in the packet. Councilman Ostrowski moved to authorize the Mayor to sign the completed lease agreement with the Port of Port Angeles for a ten foot strip of land in the Railroad Avenue right-of-way between Lincoln Street and Oak Street. Councilman Braun seconded the motion, which carried unanimously. Multi-Modal Action Plan 4. Presentation on Multi-Modal Action Plan Due to the lateness of the hour, this item was postponed to a future meeting. Modification of Peninsula 5. Modification of Peninsula Communications Contract Between the City of Communications Contract Port Angeles and Clallam County Mayor Sargent reviewed the information provided by the Police Department. Attorney Knutson explained that the key provision of the agreement is in regard to the funding. The County will be receiving $250,000, which will be turned over to the City for enlarging the Peninsula Communications Center. Councilman Braun moved to authorize the Mayor to sign the agreement for the City of Port Angeles. Councilmember McKeown seconded the motion, which carried ananimously. ADJOURNMENT: The meeting was adjourned at 11:20 p.m. -9- 2920 Exhibit "A" STREET VACATION PETITION - SAFEWAY - STV 94(11)08 Conditions: 1. The street vacation shall not be finaled until a building permit is issued or the work commences for the vertical relocation of the U.S. West communications lines in Fourth - Street. 2. Final occupancy of the store shall not be allowed until the street vacation is complete and a short plat combining all of the Safeway properties and vacated street fight-of-way has been recorded with the County auditors office. 3. The street shall remain open until required to be closed for construction. 4. Land Tire shall be provided an access easement north of their property from their site to Lincoln Street. 5. The intersection improvements and driveway locations shall be installed as contained in the traffic report and site plan provided for SEPA review and approved by the City Engineer. 6. The cost of relocating any City and U.S. West utilities in Fourth Street shall be borne by the applicant. A 20 foot easement along any sewer and water lines shall be provided to the City and an easement acceptable to U.S. West shall also be provided. Findings: 1. The request is to vacate the Fourth Street fight-of-way between Laurel and Lincoln Streets. The area to be vacated consists of about 0.8 acres. 2. The adjacent property to the south is zoned Residential Single Family (RS-7) and to the north is zoned Community Shopping District (CSD). 3. Land uses abutting the right-of-way include Safeway (including parking lots) and the Land Title office building. 4. The Comprehensive Plan identifies the area as commercial, with high density residential designation for properties west of Laurel Street. 5. The goals, policies and objectives of the Comprehensive Plan have been reviewed and the most relevant identified in the staff report. 6. The purpose of the street vacation is to allow the construction of a 55,000 square foot grocery store to replace an existing 46,700 s.f. building. 2921 7. The City Engineer has reviewed the proposed layout and has indicated the closure of Fourth Street west of Lincoln Street will improve the Lincoln/Fourth Street intersection. 8. The vacation will eliminate the roadway that separates the Safeway parking lot from the store. 9. Without an access easement across the Safeway property, the vacation would eliminate ~- the egress from the Land Title site to a public street. Conclusions A. Vacation of the right-of-way is in the public use and interest as it would allow development of a larger grocery store resulting in increased tax revenues, employment and reinvestment near the commercial core of the community. The vacation of the street would improve the traffic safety and flow of the Lincoln/Fourth Street intersection and would eliminate a potential pedestrian traffic hazard - the crossing of Fourth Street from the auxiliary parking lot. B. The proposed use is consistent with the land use map of the Comprehensive Plan. The street vacation is consistent with the land use Goals, Policies and Objectives of the Comprehensive Plan listed in the staff report, specifically those that encourage economic, development and diversity and stability and improved traffic flow and pedestrian safety. Adopted by the Port Angeles City Council at its meeting of December 6, 1994. argent, ATTEST: ~.ck~ J. Upt~n,-City-Clerk STREET VACATION PETITION - STV 94(10)07 - SHILLINGTON Finding: 1. The request is to vacate about 2328 square feet of the "A" Street right-of-way, located from Fourth Street north 40 to 50 feet. 2. The portion of the street proposed to be vacated constitutes half of the right-of-way which abuts Lot 11, Block 98, T.P.A. 3. The site in question is located along the top of a marine bluff, which is an environmentally sensitive area. 4. The City has denied vacation of the "A" Street right-of-way at this location twice before, upholding the Parks and Recreation Comprehensive Plan policy to preserve the street end as public viewpoint. 5. The right-of-way is improved with a garage, carport and deck which are attached to the house on Lot 11. 6. The property above the top of the bluff is zoned RS-7. Property below the top of the bluff is zoned PBP. 7. The site is identified as Low Density Residential/Open Space on the Comprehensive Plan land use map. There are Comprehensive Plan Policies identified in the staff report which encourage protection of environmentally sensitive areas. 8. There are public electrical facilities located in the right-of-way. 9. Use and development of the site is subject to the requirements of the environmentally sensitive areas protection ordinance (Chapter 15.20 PAMC). Conclusions: A. Vacation of the right-of-way is not in the public use and interest and would not be a public benefit, as the site is identified for a public viewpoint in the Comprehensive Parks and Recreation Plan and is an environmentally sensitive area per Chapter 15.20 PAMC. B. The street vacation would be inconsistent with the Goals, Policies and Objectives of the Comprehensive Plan which stress the importance for view opportunities, preserving unique features, protecting the environment, and providing unique recreational - opportunities. 2923 C. Vacation of the right-of-way would be inconsistent with the Comprehensive Parks and Recreation plan which identifies street ends on the bluff to be maintained for public view opportunities. Adopted by the Port Angeles City Council at its meeting of December 6, 1994. ~ K. Sargent, M~r A~T~EST: (~ec~ J. Ul~(on,-Cit~Clerk 2924 Exhibit "c" ZONING CODE AMENDMENT - CITY OF PORT ANGELES - ZCA 94(11)06 Findings: 1. The Comprehensive Plan has been reviewed with respect to the proposals. The following goals and policies have been identifies as being most relevant to the amendments: Land Use Element Goal B; Transportation Element Policies B. 11 & B. 18; Utilities and Public Services Element Policy No. D. 1; and Capital Facilities Element Goal B and Policy A.9. 2. Zoning lot covenants were created to allow an owner of an existing house which is located on two or more lots an opportunity to remodel and/or add onto the house without violating building and zoning codes. 3. The lack of specified authority for zoning lot covenants has resulted in expanded use. 4. A Determination of Non-Significance was issued for the proposal on June 24, 1994. 5. Nearly all zone districts have minimum lot areas to encourage orderly subdivision and subsequent development and to ensure adequate lot size to support permitted uses. 6. The predominant minimum lot size in the various zone districts is 7,000 square feet. Conclusions: A. The Zoning Code Amendment is in the public use and interest. B. The Zoning Code Amendment is consistent with the Comprehensive Plan Goals and Policies, specifically those found in Finding No. 1. C. The expanded use of zoning lot covenants has resulted in the subversion of the City's subdivision regulations and increased development density without needed supporting infrastructure improvements. Adopted by the Port Angeles City Council at its meeting of December 6, 1994. argent, May~) - AT--TEsT: ~eclof J. Uptc~n,-C~ty Clerk