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HomeMy WebLinkAboutMinutes 02/15/20055551 CITY COUNCIL MEETING Port Angeles, Washington February 15, 2005 CALL TO ORDER - SPECIAL MEETING: ROLL CALL: Interview Candidates for Plaiming Commission EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURN SPECIAL MEETING: CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES, PRESENTATIONS AND PROCLAMATIONS: United Way Plaque Mayor Headrick called the special meeting of the Port Angeles City Council to order at 4:10 p.m. Members Present: Mayor Headrick, Councilmembers Braun, Erickson, Munro, Pittis, Rogers, and Williams. Interview Candidatesfbr Planning Commission: The City Council interviewed the following for the Planning comrmssion: Candace Kalish, Eric Neurath, and Cherie Kidd. Mayor Headrick announced the need for an Executive Session for approximately one hour under the authority of RCW 42.30.110(g), to consider the qualifications of applicants for a public position. The Executive Session convened at 5:00 p.m. The Executive Session concluded at 5:45 p.m., no action was taken, and the Council reconvened in regular open session. The special meeting was adjourned at 5:45 p.m. Mayor Headrick called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Headrick, Councilmembers Braun, Erickson, Munro, Pittis, Rogers, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Bloor, Clerk Upton, B. Collins, G. Cutler, D. McKeen, T. Riepe, S. Johns, D. Ireland, G. Kenworthy, D Bellamente, and S. Roberds. Public Present: E. Mouret, G. Crabb, J. Wengler, R. Hoham, P. Lamoureux, T. Ahlgren, S. Rotter, D. Nelson, S. Zenovic, C. Kidd, M. Lang, S. Minkoff, P Schaefer, T. Cook, E. Wengler, M. & G. Blackwell, J. Schouten, B. LaRue, and P. Milliren. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Public Works & Utilities Director Cutler. 1. Presentation of United Way Plaque: Councilmember Mumo, having attended the recent United Way dinner, was presented with a plaque on behalf of the City and its employees in recognition of contributions made during the United Way campaign. Councilmember Munro noted that, of the -1- 5552 CITY COUNCIL MEETING February 15, 2005 United Way Plaque (Cont'd) Introduction of Indonesian Delegates WORK SESSION: OTHER CONSIDERATIONS: Appointment of Planning Commission Members LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: FINANCE: 2005 Brown & Caldwell Consultant Agreement Skillings-Counolly Agreement Amendment $900,000 raised, City employees contributed over $14,500, which is a significant increase over prior years. He presented Manager Quirm with the plaque. 2. Introduction of Indonesian Delegates: Manager Quinn introduced the delegates from Berau, Indonesia: Dayu Amurwanti, Translator; Pak Artangali, Director of Public Works; and Pak Rahmad, Deputy Director of City Affairs. He advised the Council this is the fourth of seven exchanges contracted between the two communities over the course of a year and one-half to two years, predominantly dealing with the major issues of drainage and solid waste concerns in their community. Hydraulic studies are being done, as well as identification of drainage canals needing maintenance. In addition, there are some solid waste issues involving the analysis of garbage operations, structures, handling of waste, and clean up campaigns in the community. He welcomed the delegates to Port Angeles and wished them a good evening. A gift exchange between the communities then followed, with Mayor Headrick providing comments of welcome. None. Appointment of Planning Commission Members: Mayor Headrick indicated the Council had completed the interview process for filling vacancies on the Planning Commission. In that some of the applicants were present this evening, he moved the matter of making appointments up on the agenda. The Council members individually provided commentaries as to the excellence of the candidates and the difficulty in making selections. The Mayor asked for further discussion and, there being none, the Council then completed ballots and forwarded them to Clerk Upton for tallying. While awaiting the results, the Council proceeded with the meeting. Manager Quinn asked that emergency repairs to the Olympic Discovery Trails be added to the agenda; it was added as Agenda Item D.7. In addition, the possibility of moving the March 15 City Council meeting to another date was added as Agenda Item D.8. l. 2005 Brown and Caldwell Consultant Agreement: Director Cutler presented information relative to the agreement with Brown & Caldwell to work on wastewater and stormwater systems. It is recommended that the agreement be renewed to help the City with the Combined Sewer Overflow Comprehensive Reduction Plan, update the re-rating of the Wastewater Treatment Plan, as well as other services to be provided. The Utility Advisory comrmttee has recommended approval of the agreement. Councilmember Braun moved to authorize the Mayor to sign an Agreement for Professional Services with Brown and Caldwell, Inc., for an amount not to exceed $160,000. The motion was seconded by Councilmember Rogers and carried unanimously. 2. Skillings-Connolly Agreement Amendment: Director Cutler discussed the amended agreement with Skillings-Connolly to decrease the contract amount from $338,517 to $317,030 as staffhas been able to reduce costs in some areas, while adding some work that involves finishing the design for the Park Avenue sewer, storm, and sidewalk project. The City received a grant from the State of approximately $141,500 for TIB Pedestrian Safety & Mobility Programs, which is to improve the sewer and, at the same time, improve stormwater and sidewalks in the area. Skillings-Connolly will complete the design of the project; the overall project cost is $667,000 to be completed this year. Councilmember Rogers felt that staff had done a good job working with the consultant in seeing reduced costs. -2- Skillings-Connolly Agreement Amendment (Coot'd) OTHER CONSIDERATIONS: (Cont'd) Appointment of Planning Commission Members (Cont'd) PUBLIC COMMENT: CITY COUNCIL MEETING February 15, 2005 Following brief discussion, Councilmember Williams moved to authorize the Mayor to sign Amendment No. 4 to the Consultant Agreement with Skillings- Connolly, decreasing the total contract amount from $338,517 to an amount not to exceed $317,030. The motion was seconded by Councilmember Pittis and carried unanimously. Appointment of Planning Commission Members': Having completed a tally of the votes cast for the Planning comrmssion, Clerk Upton read aloud the ballots case by each Councilmember, as follows: Councilmember Braun: John Gilmore, David Johnson, Candace Kalish, Cherie Kidd, and Betsy Wharton. Councilmember Erickson: John Gilmore, Candace Kalish, Cherie Kidd, John Matthews, Kevin Snyder, and Betsy Wharton. Mayor Headrick: John Gilmore, David Johnson, Candace Kalish, Cherie Kidd, John Matthews, and Betsy Wharton. Councilmember Munro: John Gilmore, David Johnson, Candace Kalish, Cherie Kidd, Kevin Snyder, and Betsy Wharton. Councilmember Pittis: John Gilmore, David Jotmson, Candace Kalish, Cherie Kidd, Kevin Snyder, and Betsy Wharton. Councilmember Rogers: John Gilmore, David Johnson, Cherie Kidd, John Matthews, Kevin Snyder, and Betsy Wharton. Councilmember Williams: John Gilmore, David Johnson, Cherie Kidd, John Matthews, Kevin Snyder, and Betsy Wharton. It had been stipulated earlier that successful candidates must receive at least four votes, Clerk Upton them itemized the number of votes for each candidate: John Gilmore - 7 votes, Cherie Kidd ~ 7 votes, Betsy Wharton - 7 votes, David Johnson - 6 votes, Candace Kalish - 5 votes, and Kevin Snyder - 5 votes. When asked about the assignment of terms, it was agreed that Clerk Upton should assign the longer terms of office to those receiving the higher number of votes. Councilmember Williams moved to formally appoint the six individuals with the highest number of votes to the Planning Commission with the terms as specified. Councilmember Rogers seconded the motion, which carried unanimously. Sonja Rotter and Diane Nelson, representing the League of Women Voters, presented the Council with a Valentine bouquet of balloons in appreciation of the Council's commitment to the community. They commended the Councilmembers for giving of themselves and their time, noting that Valentine's Day also marked the 85~h Anniversary of the founding of the League of Women Voters. The League is a non- partisan political organization that believes informed and active citizens to explore common problems and identify shared goals can resolve the tough issues that confront the community, nation, and the world. Ms. Rotter and Ms. Nelson distributed to the Council copies of their publication, A Directory of Elected Officials 2005. Paul Lamoureux, 602 Whidby, commended the Public Works staff for their customer service skills demonstrated during the watermain replacement project. He distributed copies of a proposed 3-tier wastewater rate structure, which he felt to be in keeping with the City's Statement of Values in that it is incremental and fair to the citizens. Mr. Lamoureux then addressed the composition of the Utility Advisory Committee, feeling there are too many Council representatives on the committee. He suggested there should be more at-large positions. Mr. Lamoureux mentioned the sidewalks on Park Avenue, questioning whether any kind of LID was involved in the project. He recalled that many improvements in the past involved an LID, and he felt this would be a good opportunity for neighborhoods to be involved in improvements. Mr. Lamoureux reiterated his concerns that the City provide comments by March 15 pertinent to the Elwha Restoration Act. In response to the Mayor, Community Development Manager 5553 -3- 5554 CITY COUNCIL MEETING February 15, 2005 PUBLIC COMMENT: (Cont'd) FINANCE: (Cont'd) Parametrix Agreement Amendment Contract with Humane Society Agreement for Replacement of Carpet at Senior Center Collins indicated the revised Act is under review at the present time. Director Cutler added that staff member Steve Sperr has reviewed the document, and staff will be asking for input from the Council and the UAC by February 25th in order to incorporate the comments into one document for submission on the City's behalf. At Mayor Headrick's request, Director Cutler summarized the funding for the sidewalk and street improvements. He indicated that the School District contributes a portion of the funding, as well as grant money, sidewalk funds, and money from reserves for the sewer portion of the project. Councilmember Pittis indicated that staff, by combining the different aspects of the project, was able to obtain additional funding sources. He added that LIDs on arterials are somewhat difficult to accomplish. 3, Parametrix Agreement Amendment: Director Cutler indicated that Parametrix had been asked to provide additional services during the past year which was covered by shifting funds between tasks and by the use of directed fimcYmg allowances within the agreement. However, the final billing exceeded the approved amount by $45,955. Parametrix has been providing solid waste and wastewater engineering services and has also been tasked to work on the revetment issue at the Landfill. Discussion ensued, and Councilmember Munro inquired as to whether this increase was a surprise. Director Cutler indicated that all work is authorized by staff, but there was an element of surprise in terms of the amount of effort expended on each task. The City is still awaiting a final agreement from the Department ofFish & Wildlife on the revetment. Councilmember Rogers indicated the Utility Advisory Committee often sees these issues before they are brought before the Council; she also pointed out that the revetment issue is greatly influenced by other agencies. Councilmember Pittis noted the support from Parametrix on the NPDES Permit and, from that perspective, he was comfortable with the increased costs. Deputy Director Kenworthy assured the Council that funds are shifted from one task to another, plus Public Works provides a monthly report to keep the Council informed ofproj ect status. Following further brief discussion, Councilmember Pittis moved to authorize additional funding in the amount of $45,955 for final payment to Parametrix for 2004 engineering services. The motion was seconded by Councilmember Munro and carried unanimously. 4. Contract with Humane Society: Manager Quiun presented the proposed contract with the Humane Society for animal shelter services as of January 1, 2005. He summarized changes made to the contract, indicating the format had been adjusted with separate attachments for scope of work, compensation, and the like, in order to facilitate future adjustments without having to amend the entire agreement. The contract amount increased from $46,268 to $80,000 annually and will be paid in quarterly installments. Manager Quinn discussed the new methodology for handling licenses, and the incentive built into the contract for the Society to increase sales. He advised the Council that the contract is identical to the County's agreement with the Humane Society in order to maintain consistent operations. Councilmember Braun moved to adopt and authorize the Mayor to sign the contract with the Humane Society. The motion was seconded by Councilmember Rogers and carried unanimously. 5. Agreement for Replacement of Carpet at Senior Center: Director Cutler submitted information relative to the purchase of replacement carpet for the Senior Center, as the carpet is ten years old and is wearing and unraveling in high use areas. He responded to questions posed by the Council, indicating the new carpet will be industrial grade. He also explained that the Senior Center Maintenance Fund was established from BPA energy conservation money that was designated for -4- Agreement for Replacement of Carpet at Senior Center (Cont'd) Apprentice Lineman Position Break PUBLIC HEARINGS - QUASI-JUDICIAL: LaRueRezone Proposal CITY COUNCIL MEETiNG February 15, 2005 this purpose. D Bellamente answered questions, providing further information as to the wear on the current carpet. She noted the dangers inherent in the worn carpet in terms of the potential for trip and fall accidents. Following further brief discussion, Councilmember Pittis moved to award the project and authorize the Mayor to sign a contract with The Paint Store and Home Decorating in the amount of $34,841.19 for the carpeting of the Senior Services Center and allocate funding from the Senior Center Maintenance Fund. Councilmember Rogers seconded the motion, which carried unanimously. 6. Apprentice Lineman Position: Director Cutler explained that Light Operations is down to one crew by virtue of resignations, retirements, and disability. Recruitment for new linemen has been difficult due to high demand in other geographic areas. Therefore, Director Cutler indicated that staff is asking the Council to authorize one additional employee who would start as a groundman and then proceed to the Apprentice Lineman position. Discussion ensued, and Director Cutler responded to the Mayor by indicating it would be difficult to have more than one apprentice at a time as there is insufficient staff to conduct proper training. Councilraember Braun spoke in support of an ongoing program for the apprentices. Director Cutler added that the City doesn't have control over when employees choose to retire. Also, once the apprentice graduates from the program, he/she would be required to maintain employment with the City for six years. Councilmember Braun moved to authorize the addition of one employee in the Public Works & Utilities Department to start as a groundman for six months and to advance to an Apprentice Lineman position when the new school year begins in September, 2005. The motion was seconded by Couneilmember Erickson and carried unanimously. Mayor Headrick recessed the meeting for a break at 7:15 p.m. The meeting rec onvened at 7:30 p.m. LaRue Rezone Proposal, Northeast Corner of "H"/8th Streets: Rezone of 35, 000 Sq. Ft. of Property from Residen rial Single Family to Residen rial High Density: Assistant Planner Roberds informed the Council this is a proposed rezone for 35,000 square feet of property located on the northeast comer of"H" and 8th Streets, directly across the street from Park View Villas. The applicant has requested a rezone of the property to RHD Residential High Density. The purpose of the Zoning Code is to implement the goals, policies, and objectives of the Comprehensive Plan. With the use of a PowerPoint slide, Planner Roberds directed the Council's attention to the Comprehensive Plan map which displayed the designations for the subject area consisting of Low Density Residential, Commercial, High Density, Medium Density, and Open Space. She indicated it is quite typical to have a multi-family mix around the arterial, offering single family uses on each side, usually proceeding to an alley which provides a buffer. Planner Roberds referenced the staffreport, indicating the subject property meets all of the policy criteria necessary for rezone, consistent with the City's High Density Residential Comprehensive Plan Land Use map designation. She noted that the possibility of a rezone has been a matter of record for seven years since the property was re-designated to High Density Residential in 1998. Circumstances in the area have not changed since the Comprehensive Land Use designation was approved to indicate that a more dense designation should be considered for this site. Planner Roberds indicated there were several comments provided by neighbors during the public notification process, many of whom are present this evening and wish to address the Council on the issue. Mayor Headrick opened the public hearing at 7:30 p.m. 5555 -5- 5556 CITY COUNCIL MEETING February 15, 2005 PUBLIC HEARINGS - QUASI-JUDICIAL: (Cont'd) LaRue Rezone Proposal (Cont'd) Councilmember Williams indicated that he had no interest or connection with the property; however, he noted that the applicant is a real estate agent. Under the Appearance of Fairness Doctrine, he inquired as to whether he could participate in the deliberations since he, too, is a real estate agent. Attorney Bloor indicated that, since he has revealed this information, he could inquire as to whether the Council had any objection to his participation. There were no objections stated. Councilmember Pitt/s, from the standpoint of the Comprehensive Plan, noted there is a tendency to avoid access directly on an arterial. The typical approach is to have ingress and egress either at side streets or from an alley. He queried as to how it works when more dense zoning is stopped at an alley where less dense zoning continues on the other side. Manager Collins agreed there is a preference for access off an alley or the side streets, but such a decision would be made at the time a development comes forward. If there is a SEPA issue on traffic control, that issue could be raised at the time of development. Councilmember Pittis then asked if the zoning should be continued to the next street as opposed to stopping it at an alley, and Manager Collins stated a preference to make the division at the alley to avoid forcing traffic on to a residential access street. Conncilmember Braun expressed surprise that the high density had gone north on 8th Street into a residential setting that has existed for many years. He wondered why there was encroachment northbound when there is high density south of 8~h Street, which he felt would be more appropriate. Mr. Collins indicated the vacant property in this area is either in the Commercial or High Density zone, including the subject property which is vacant. He added that this particular property is ideal for what was envisioned by the Comprehensive Plan. Councilmember Williams asked for an explanation of the differences between High Density and Medium Density zones, and Mr. Collins responded that Medium Density is basically a duplex type of zone, allowing 12.5 dwelling units per acre, as opposed to Low Density that allow 7 units per acre. High Density is the area where the City allows more apartment buildings, up to 38 units per acre; Medium Density typically won't generate as much traffic as High Density. When asked if four-plexes are allowed in the Medium Density Residential zone, Mr. Collins responded it is based on the number of sites. Councilmember Williams noted that, north of the park, there are several small single family residential structures rather than higher density duplexJfour- plex units, and he felt that individuals purchasing property in that area should be aware of the increasing the density in an urban area. Councilmember Braun indicted he would have thought that the 8th Street corridor would have been the dividing line for the high density to the south, and the medium and regular densities to the north. Councilmember Williams felt that, if this were the case, then it could be extended on the north side of 8th Street between "H' and 'T' in what is now single family residential if there is to be maximization of the arterials. Mr. Collins indicated that such an action would require a change to the Comp Plan. Discussion followed as to possible extensions of the zone for purposes of increasing densities, and Councilmember Braun asked about associated traffic impacts. Manager Collins believed that traffic in the area was operating quite reasonably at this time. Councilmember Mumo noted that it appeared there had been a number of errors in the process, and he asked Planner Roberds to explain what had transpired. Planner Roberds explained that, because of an error on the application as to the desired zoning, the legal notices and postings were incorrect. The posting did not get placed in the field on a timely basis; however, once the correction was made, the area was re-posted and notices re-filed The public comment period was considerably extended to a much longer period, also due to an extension associated with the resignation of the Planning Commissioners. She answered questions posed by the Council in that it is recommended that the public hearing be held and action continued to March 1. Planner Roberds noted it is staff's recommendation that the Council concur with the Planning PUBLIC HEARINGS - QUASI-JUDICIAL: (Cont'd) LaRue Rezone Proposal (Cont'd) CITY COUNCIL MEETING February 15, 2005 commassion by approving the rezone. When asked if staff addressed the water problems in the area, Planner Roberds indicated that development at the site would cause improvement for some of the concerns since the developer will be required to address those concerns. No matter what the development, the runoff from the site cannot exceed pm-construction runoff; it should be greatly improved. Planmng Manager Collins indicated that, with a specific development, those types of issues will be addressed and, further, just because it is zoned Residential High Density does not mean it will be developed accordingly. It could still be developed for single family homes. Planner Roberds indicated she had not addressed the matter of the trees, as she felt any type of development on the site would remove a considerable amount of the vegetation. In response to a question from Councilmember Braun, she thought that t~affic to the site would come off8th Street or one of the side streets. Manager Collins directed attention to Finding No. 15, Page 126, noting an error that should be corrected fromfinal subdivision to rezone. Councilmember Rogers sought clarification in that the property's designation was changed in the Comp Plan in 1998 and the property owner is now seeking a rezone, to which she was informed she was correct. Councilmember Williams felt this demonstrated that someone was minding their property and following the Comp Plan. James and Ellen Wengler, 1414 W. 7th Street, informed the Council they live across the alley from the subject property. Mr. Wangler, a professional surveyor, felt the process had been terrible, as some of the neighbors failed to receive proper notification. He inquired as to whether the staff report had been corrected from RMD to RHD, and Manager Collins responded in the affirmative. Mr. Wengler did not feel the rezone would meet the criteria of the Comprehensive Plan, and he felt approval of the rezone would give the applicant special treatment. Further, he did not agree that the rezone would be in the public interest. Mrs. Wengler indicated the traffic in the area is horrendous. It is a walking route for two schools. Mr. Wengler addressed the matter of the Comprehensive Plan designation change in 1998, and he didn't recall receiving notification of the proposed change. He felt blind-sided by this proposal, all of which has been a comedy of errors. He added that there is a drainage problem in the area, an area that must accommodate over 30 vehicles on site. Manager Collins indicated that, in an urban development such as this, the parking lot usually contains a drainage system under the parking lot with an underground vault system. Conncilmember Williams noted that nne-half of a block was being requested for rezone, and he asked about past practice on rezones. Mr. Collins responded this is a site-specific rezone, not an area-wide rezone, and he further explained how it has been generated by the property owner. He further explained the difference from a spot rezone. Pat Milliren, 1703 W. 8th, didn't receive notification of the proposed rezone in the mail, but she acknowledged she may live outside the specific area in question. She felt she knew the area well, expressing concern, not so much with the rezone, but with the trees and vegetation that would be placed in jeopardy. Ms. Milliren felt that any green space is a comfort and, if any building is to take place, she didn't care as much about the zoning as she did the protection of the Madrona trees and their roots. She felt the City should require that the trees be protected and, if not, then she would prefer a single family zone. Eugene Mouret, 1428 W. 7th Street, lives on property abutting the alley that abuts the property under consideration. Mr. Mouret noted the property is approximately 7,000 - 8,000 feet short of an acre, and 34 units on the property would cause significant problems in an alley that already experiences problems. Mr. Mouret advised the Council that he supports Shane Park as a public area, because it is a recreational area for neighbors and families. He indicated the neighborhood is largely single family, with a reasonable number of duplexes. However, there is significant traffic in the alley that would be increased by this high density proposal. He spoke in opposition to the 5557 -7- 5558 CITY COUNCIL MEETING February 15, 2005 PUBLIC HEARINGS - QUASI-JUDICIAL: (Cont'd) LaRue Rezone Proposal (Cont'd) rezone, feeling they would not benefit from what appears to be a spot rezone. Mike Blackwell, a resident in the 1400 Block of West 7th, disagreed with commentaries made by Assistant Planner Roberds, noting he just found out about the proposal to rezone the propeay. He was informed there was insufficient time for him to submit a letter for the record. Mr. Blackwell indicated his neighbor was also unaware of the proposed rezone, and he stated that he and his wife were opposed to the rezone. They didn't feel there was justification for this type of apartment in a residential area, believing their property value would diminish. He said a 2 - 3 story apartment complex is not at all attractive; many of the neighbors fix up their homes as it becomes affordable, and something of this nature would be akin to putting a Costco store in the area. Mr. Blackwell added further reasons for his opposition in that trash bins would be unsightly, school children use the bus stop at 8th & "G" and would be put at risk, the alley is used by drivers who don't drive with due diligence, and people drive at excessive rates of speed in the alley. Mr. Blackwell felt he had a great deal of experience, as a former police officer, to know that people don't use alleys with due regard, and he repeated the objection of he and his wife to the rezone. Trina Cook, 1418 W. 7th Street, advised the Council that, if high density zoning is approved for this property, the character of the neighborhood will be changed. She has lived at that address since 1988, and zoning was changed from low density to medium density without receiving notice from the City. She indicated she has children and would be concerned for their safety while walking to school because of the increased traffic. Ms. Cook felt the rezone would be for the benefit of one person, and it is not co~istent with the area. She felt a duplex would be acceptable, but she felt it important to note there is flooding during rain at 7th & "H" Streets. Ms. Cook asked the Council to not approve the application. Gary Crabb, 1424 W. 7th Street, indicated there is a significant traffic problem in the area. Also, he noted that the property under consideration is sinking, as there is a serious drainage problem. Mr. Crabb felt that the influx of additional people would have a significant impact on traffic. Responding to Mayor Headrick, Mr. Crabb indicated there are only sidewalks on the south side of the street. He added that a complex such as this would block everyone's view of the mountains. Councilmember Braun noted there are a lot of sidewalks, rtmning east and west, that are not contiguous. Discussion continued on the matter of sidewalks, and the question was raised if this is a school walking route. Mr. Collins was uncertain if 8th Street is a designated school walking route, but it is identified as an arterial, thus requiring sidewalks for the development. Also, a sidewalk to Shane Park could be required, but generally a property owner is only required to do on-site improvements. Mr. Collins departed the room to determine if 8th Street was a designated school walking route. The applicant, Bill LaRue, 222 W. Park Street, indicated that, for many years, the City has been beset by a problem finding locations for multi-family housing. Such units serve a tremendous number of people and, since adoption of the Growth Management Act, he indicated the City was supposed to address affordable housing issues, something that has not taken place in the City or the County. Mr. LaRue indicated that the smaller units don't qualify as multi-family until the time they have four units. Smaller 8-plexes, 4-plexes, and an occasional duplex have been built over the years, but there is no basis of land from which to select an affordable situation. He recalled a situation where someone had contacted him asking for the location of property that could accommodate 100 units; his response had to be that there was no such property that was zoned to house that number of units. Mr. LaRue informed the Council that he would not be the builder; it is his plan to assist the developer in getting to a certain stage, after which the developer can decide how to proceed. He further indicated the project would not involve low-income housing, and there would not be 34 units, as that many units wouldn't be perm/tted even under -8- PUBLIC HEARINGS - QUASI-JUDICIAL: (Cont'd) LaRue Rezone Proposal (Cont'd) CITY COUNCIL MEETING February 15, 2005 the High Density zoning. Mr. LaRue addressed the matter of traffic, feeling that people citing traffic problems should be looking towards the development west. He noted the City is spending money to rebuild the 8th Street bridges to accommodate traffic to get to the western areas where there are about 1,000 acres in the City yet to be developed. One of those ways is by using 8~h Street, connecting with "1" and 10®, which is where the traffic is designed to go for access to the west end. He also felt this particular site was an excellent choice in that it is within the four-minute response time for the Fire Department, and it meets all the requirements set forth by the City in the Comprehensive Plan to do this type of development. Mr. LaRue added that the project would create efficiencies of scale, and it would address multi-fanfily housing. He noted that the average cost of a home in Port Angeles will soon be $200,000. He felt this is a market condition, which points back to the need of the community to address affordable housing. Mr. LaRue felt that affordable housing could be addressed with the development of this particular site, with multi-family, common wall construction, whether an apartment building or condo development. He stressed the point that the question must be answered where multi-family housing will be placed, in view of the number of people who don't want such housing in their neighborhoods. Mr. LaRue indicated that, if the High Density zoning is approved, this 35,000 square foot property could be developed into 28 apamnents. The placement of more houses on this property would not address the need for multi-family housing. Mr. LaRue further addressed the merits of this property for such housing, and he stated there is similarly zoned property on the south side of the street that has been sold and has not impacted the residential single family houses on the opposite side o f the street. He did not agree that property values would go down, and he emphasized the application was crafted based on the Comprehensive Plan - no spot zone was being requested. Councilmember Braun inquired as to the number of nnits anticipated, and Mr. LaRue responded there would be a maximum of 30 units. Plarming Manager Collins clarified that the maximum on 35,000 square feet would be 30 units. Discnssion followed, with Manager Collins providing even further clarification relating to the Findings & Conclusions which would likely need to be corrected. Mr. Blackwell again approached the podiun~ stating the individuals in the neighborhood were being punished because Mr. LaRue couldn't find reasonable property for this type of development. Councilmember Williams engaged in discussion on the lack of property available for Residential High Density, and Manager Collins concurred there is no land zoned for high density west of this area. Councilmember Williams observed that the site under consideration is clearly in a transition area. Eugene Mouret returned to the podium, informing the Council that he bought his property in July. He would not have purchased the property if he thought there would be High Density construction in his back yard. He noted that the maximum number of units keeps changing. James Schouten, 4619 Old Mill Road, informed the Council that he has the property under contract for purchase, and he shared what he envisioned for the property. Mr. Schouten indicated the property is currently being used for rather unsavory purposes; it seems to be a haven for alcohol, drag use, and littering. He questioned how safe children would be walking in the area. He appreciated the concerns expressed by the neighbors as to the impact on the neighborhood, but he thought it would be helpful to share further information. Planning guidelines are very clear, so the development would involve a maxmium of 30 nnits, but he felt 24 nnits would be appropriate. They would have handicapped access with level entries on the lower grade, covered parking garages, with an emphasis on saving trees. Mr. Schouten indicated the drainage appears to be good, and any impacts would only be improved by the required collection systems and storm drainage systems. While it would be a multi-family structure, it would not be a low end, substandard project. He envisioned the nicest multi-family 5559 -9- 5560 CITY COUNCIL MEETING February 15, 2005 PUBLIC HEARINGS - QUASI-JUDICIAL: (Cont'd) LaRue Rezone Proposal (Cont'd) Final Subdivision Review - Ludwick structure in the community, something in the community's best interest overall. In responding to Councilmember Williams, Mr. Schouten indicated this would be rental property. Discussion ensued, and Councilmember Pittis cautioned that consideration of a rezone application cannot be development specific. Attention was then redirected to school walking routes, and Manager Collins informed the Council that the route is from "K" Street west on 7th, and 8th Street is not a school walking route, nor is 7th Street east of 'T' Street. He indicated that 8~h Street is an arterial that does require sidewalks; this development would be required to have a sidewalk on 8th just by the nature of the development. Pat Milliren returned to the podium to suggest that alternative property she pointed to on the map be sought for the development. Mr. Collins informed her that the property she was referencing was not for sale. Councilmember Munro expressed concem with the process in that the report was full of conflicting numbers and there seemed to be some errors along the way. He was uncertain as to whether the neighborhood received proper notification, and he queried as to whether the problems should be addressed or the process repeated by starting over. He felt the process is as important as the result. Councilmember Williams agreed, inquiring as to the potential impact on the applicant. Mr. LaRue explained in detail how he prepared the list of property owners with mailing labels for the notifications, all based on information obtained from the County. He felt that starting over would only serve the purpose of delaying the project and would not change the end result. Mr. Collins informed the Council that one of the reasons staff had recommended the matter be continued to March l't was to allow staff time to be certain all information is correct. Lengthy discussion ensued, and Manager Collins stressed the fact that it is a requirement that notifications be sent to the taxpayer of record; Mr. LaRue clarified that he mailed notifications to property owners, not banks. Councilmember Pittis noted certain discrepancies in the packet with regard to the number of units allowed per acre. Staffwill make certain these types of references are corrected. Following further lengthy discussion, Couneilmember Erickson moved to continue the public hearing to March 1, 2005. Councilmember Williams seconded the motion, which carried unanimously. Final Subdivision Review - Ludwick - 5 Acres on Del Guzzi Drive North of Lindberg Road into 1 l Residential Building Sites: Aided by PowerPoint slides, Planning Manager Collins presented information relative to the final subdivision on DelGuzzi Drive north of Lindberg Road involving an 11 -unit subdivision. He advised the Council that the conditions have been met by the developer, and the Planning Commission has recommended fmal approval of the plat. Staff has recommended that action be continued to March 1, 2005. Mayor Headrick opened the public hearing at 9:02 p.m. Steve Zenovic, 519 So. Peabody, #22, was present on behalf of the developer. He indicated this is a subdivision ora 5-acre tract in the DelGuzzi Estates; everything has been completed with the exception of a minor amount of work along Lindberg Drive, which involves widening the street. Due to weather conditions, that work has not been completed, and the owner would rather complete the work as opposed to obtaining a bond. The contractor is scheduled to proceed with the work in the next couple of days, and Mr. Zenovic asked that the Council approve the final plat. Responding to the Mayor, Mr. Zenovic indicated the street only needs to be widened by 6 feet. If the improvements aren't completed by March 1, Councilmember Pittis asked if it was possible that Council would approve the plat subject to the completion of the improvements and not file the final plat until such time as the work is done. ~ 10- CITY COUNCIL MEETING 5561 February 15, 2005 Final Subdivision Review - Ludwick (Cont'd) Zoning for Annexation in Ahlvers Road Area Break OTHER CONSIDERATIONS: Preliminary Subdivision Review - North Peninsula Builders Association Manager Collins indicated that would be acceptable, or the City could take a bond. Mr. Zenovic felt it could be a condition of f'mai approval if so desired by the Council. Mayor Headrick closed the public hearing, and Councilmember Pittis moved to continue action to March 1, 2005. The motion was seconded by Councilmember Braun and carried unanimously. Zoning for Annexation in Ahlvers Road Area: Councilmember Williams asked for discussion relative to the proposed annexation at Ahlvers Road, as considered at the last City Council meeting. He felt the request for annexation might need to be pulled back, as the zoning was determined to be RS-9. However, in looking at the Zoning Map for the County, that particular area is zoned Low Density, which is 9 homes per acre, rather than the VLD, which is 2 homes per acre. He questioned whether RS-9 would be appropriate, suggesting the Council may wish to consider RMD. Attorney Bloor indicated that the Council has authorized the applicant to proceed with the annexationpetition, yet there is no obligation to accept an annexationunder any circumstances. If the consensus of the Council is to reconsider the zoning, it would be possible at this early stage to communicatewith the applicant as to the preferred zoning. Planning Manager Collins indicated that LD is comparable to RS-7, which allows up to 9 traits per acre. Generally, the City's requirement would stipulate that LD would go to RS-7, not to RMD. Further, Mr. Collins indicated that RS-9 had been chosen because the surrounding zoning to this property is RS-9. He believed the Council could change the zoning to RS-7 at the time the annexation petition is submitted. Or, as an alternative, the City could approach the petitioners to determine if a different zone would change their opinion. Mr. Collins pointed out that the proposed development will be a PR.D, which would transfer density to a portion of the site, and he expected the developer would prefer RS-7. He added that the PRD would allow for multi-family housing if the developer wishes. In responding to Mayor Headrick's request for clarification, Mr. Collins felt it would be appropriate for the Council to direct staffto change the zoning to RS-7ifso desired. Therefore, Councilmember Williams moved to direct staff to change the proposed zoning of the annexation at Ahlvers Road to RS-7. The motion was seconded by Couneilmember Rogers and carried 4 - 0, with Mayor Headrick and Councilruembers Munro and Erickson abstaining. Brief discussion ensued concerning the issue of zoning, and Councilmember Rogers suggested that future communications on annexations include the current zoning at the County level. Mayor Headrick recessed the meeting for a break at 9:10 p.m. The meeting reconvened at 9:20 p.m. Preliminary Subdivision Review - North Peninsula Builders Association - 5 Acre Subdivision Between 10th/l 2th Streets West of "N" Street; Planning Manager Collins reviewed the preliminary subdivision of 5 acres for the North Peninsula Builders Association, located between 10~h & 12~h Streets west of"N" Street. Using a map on PowerPoint, he indicated the City has been participating with the North Peninsula Builders for several years. In order to facilitate their program into the future, the NPBA acquired this parcel, and they plan to complete development in three phases. The first phase would be located at 12th Street, the second a little further north, and the third would connect at l0th Street. He noted that one of the problems with 12th Street is that the property at the corner of"N" and 12~h is not developed, and there is inadequate right-of-way to complete 12th Street. The initial phase would only have an improvement on the frontage, but it wouldn't connect back to 12~h Street, which is the school bus route. Children would have to walk along 12th Street without adequate protection. He added that 12th is only a half street, so there is concern with regard to -11- 5562 CITY COUNCIL MEETING February 15, 2005 OTHER CONSIDERATIONS: (Cont'd) Preliminary Subdivision Review - North Peninsula Building Association (Cont'd) the children's safety. Mr. Collins advised the Council that, if the phasing were changed in order to make improvements at West l0th with a walkway back to "N" Street, there would be more safety for the children. He acknowledged the costs would be higher. The plan is to not build all 18 units in the next year but, rather, it is intended to build a couple of units per year maximum. Depending on the number of students involved in the program, it may take several years before completion of a walkway. Mr. Collins indicated there is a short plat underway on the adjacent property, which will involve improvements to 12th Street. He indicated the packet information identified the issues, as well as potential solutions. He then addressed the matter of storm drainage patterns, and water would naturally go to I 0th Street and then out to the west to an outfall. If there are no improvements to l0th Street, the water can't drain, so the developer plans to install a retention system before the drainage goes along W. 10th Street. He added there will be on-site storm drainage and on-site walkway improvements. Mr. Collins advised the Council that the Planning cornnnssion had recommended approval of the application as submitted. He expanded on the fact that West 12th Street is a problem, because there is a lane of traffic and a lane of parking, so it is dangerous for pedestrians. Responding to a question from Councilmember Braun, Mr. Zenovic pointed out on the map where a gravity feed would be placed. Discussion followed with regard to improvements on t 0t~ Street west of "N", and Councilmember Williams indicated the area could be a candidate for the NICE Neighborhoods Program. He provided further commentaries as to the potential for use of the program. Lengthy discussion ensued as to the possibility of the Homebuilders moving the first phase to the north side of the property as opposed to the south side. Mr. Collins felt it could be cost effective, but it would be a matter of timing. Councilmember Pittis provided suggestions related to specific conditions included in the Council packet. As to the length of time a Latecomers Agreement can be applied, Attorney Bloor indicated the State has established a time frame of 15 years; however, he would need to ascertain the time frame for the City. With regard to Councilmember Pittis' input, Mr. Collins provided clarification and assured the Council that language changes and/or corrections would be made to Condition 7, incorporating 8-inch water line; Condition 13, adding "shall" be posted; and Condition 5, correcting "shortplat'. Councilmember Rogers sought clarification in that it was her understanding that West 12'h Street would be posted for no parking on the south side, which was confirmed by Mr. Collins. He expanded on the reason, further explaining the dangers and adding that the street should be posted according to the City's current requirements. When the north half of 12th Street is completed, only the north side would be posted for no parking. Councilmember Rogers asked if the neighborhood has received notification, to which Mr. Collins responded in the affirmative. He acknowledged it would be difficult to take away parking that has been in place for several years, but that must be weighed against the safety factor. Lengthy discussion ensued about phasing from 12th to l0th, and Councilmember Pittis inquired about a temporary gravel walkway on 12~h so there is an established route. Tracy Gudgel, 519 S. Peabody, responded this had not been discussed. The right-of-way will be cleared for installation of the sewer line; temporary cul de sacs would be constructed for each phase. The Homebuilders did not want to open the street, which is why they chose not to begin the project from the north end. Councilmember Williams suggested flipping Phase I and Phase III, as long as the City could assist by getting l0th Street punched through, and Mr. Gudgel thought it would not likely be a problem if the City were to help pay the costs. He would need to pursue the matter with the Homebuilders. Mr. Collins indicated this possibility could be explored with the Homebuilders, as staff had recommended the matter be continued to March 1. Therefore, Couneilmember Williams moved to continue action to March 1, 2005. Couneilrnember Braun seconded the motion, which carried unanimously. - 12- CITY COUNCIL MEETING 5563 February 15, 2005 FINANCE: (Cont'd) Emergency Repairs to Olympic Discovery Trail Change in March 15 City Council Meeting Date CONSENT AGENDA: OTHER CONSIDERATIONS: (Cnnt'd) Agreement with Clallam County on Western Urban Growth Area 7. Emergency Repairs to Olympic Discovery Trail: Director Cutler informed the Council there were more repairs to the Trail than were expected due to additional damage sustained because of high tides and strong winds in February. Change Order No. 1 was being presented for an additional contract amount of $17,000; the total project costs would increase to $44,473.55. Councilmember Pittis moved to approve and authorize the City Manager to sign Contract Change Order No. 1 in the not to exceed amount of $17,000 (including tax) to perform the required additional work to the Olympic Discovery Trail. Councilmember Williams seconded the motion. Councilmember Rogers felt it would be helpful to be provided with an ongoing tally of discretionary funds left due to expenses such as for this project. A vote was taken on the motion, which carried unanimously. 8. Change in March 15 CiO: Council Meeting Date: Due to the fact that the City Manager and two of the Councilmembers will be attending the National League of Cities Conference in Washmgton, D.C., during the week of March 14, it has been suggested that the regular meeting be moved to Tuesday, March 22, 2005. Councilmember Williams moved to move the March 15 City Council meeting to March 22, 2005. Councilmember Braun seconded the motion, which carried 6 - 1, with Councilmember Erickson voting in opposition. Councilmember Braun moved to accept the Consent Agenda, to include: 1) City Council Minutes - February I, 2005 and Special Meeting Minutes - February 8, 2005; 2.) Expenditure Report- February 4, 2005 - $1,099,618.17; 3.) Electronic Payments - February 4, 2005 - $2,116,991.00; 4.) Corrections to Ordinance #3187; 5) Authorization/Ratification Sale of Lot 5, Block 241 - 7th & "D" Park; and 6) Capital Facilities Plan Project Addition. The motion was seconded by Councilmember Williams. Planning Manager Collins advised the Council that thc County had approved the City's boundary adjustments at a meeting earlier today. A vote was taken on the motion, which carried unanimously. 2. Agreement with Clallam CounO: on Western Urban Growth Area: Manager Quinn presented the Council with the proposed agreement with Clallam Connty for the Western Urban Growth Area, noting that the memorandum should have been corrected from Pine Street Cutoff to Valley Street. He indicated the City is proposing an approximate $4 million extension of utility services to the area and is agreeing that future annexations in the area will follow a logical progression. In addition, current addressing will remain the same. The City will continue to coordinate with other affected jurisdictions, such as the Fire District, the P.U.D., and the Dry Creek Water Association. The City and County are in agreement with the basic content of the document, and the County will not object to the annexation of the area. In ensuing discussion, Manager Quinn responded to Councilmember Pittis in that the City must annex contiguous property adjacent to the City limits with the intent of moving westward from the City limits. Councilmember Munro inquired as to the mat~er of sales tax, and Manager Quinn indicated that approximately $32,000 per year would be directed to the City as there was insufficient time to negotiate a revenue sharing agreement. If, in the future, the City and County enter into such an agreement, it is possible that the County would ask to have that amount retroactively applied to the agreement. Councilmember Pittis moved to approve the Interlocal Agreement between Clallam County and the City of Port Angeles concerning annexation within the City's Western Urban Growth Area, specifically the Eclipse annexation. The motion was,seconded by Councilmember Munro and carried unanimously. - 13- 5564 CITY COUNCIL MEETING February 15, 2005 CITY COUNCIL COMMITTEE REPORTS: RESOLUTIONS: None. None. ORDINANCES NOT REQUIRING PUBLIC HEARINGS: PUBLIC HEARINGS - OTHER: INFORMATION: EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: None. None. Brief discussion was held concerning the status report on the Cedar Street retaining wall. Manager Quinn reminded the Council of the AWC Legislative Conference starting tomorrow. Councilmember Williams referenced the letter that was to have been sent to the FAA regarding the beacon for the airport. Manager Quinn discussed the matter with the Port of Port Angeles who had decided not to send a letter until the matter is finalized with the FAA. It is intended that the City's letter will piggyback with that of the Port. Chief Riepe attended a meeting earlier today with the Prosecuting Attorney and the Director of Peninsula Community Mental Health, at which time discussion was held on legislation that had been introduced and has generated some concern. Apparently the legislation proposed by Senator Hargrove would drastically change the way the court system works in that it would create something similar to drug court which now is controlled by the Prosecuting Attorney. There are stringent guidelines as to who does or does not qualify, and he understood the legislation could shift the control to the judges and that certain criminals would do more time in local jails. Overcrowding of jails could shift the burden to the cities; he suggested the Councilmembers going to the AWC meeting might bring this matter up for further discussion. Councilmember Pittis referenced the CURB newsletter and an article regarding the Skills Center. Councilmember Rogers asked that Attorney Bloor plan to attend the EDC meeting this coming Thursday, as the Eclipse Park will be an item of discussion. Based on input from Attorney Bloor, Mayor Headrick announced the need for an Executive Session for approximately 30 minutes under the authority of RCW 42.30.110(i), to discuss with Legal Counsel three matters relating to agency litigation or potential litigation. It was anticipated that no action would be taken. The Executive Session convened at 10:15, and at approximately 10:45 p.m., the Session was extended to 11:45 p.m. by announcement of the Mayor. The Execuhve Session concluded at 11:45 p.m., no action was taken, and the Council reconvened in regular open session. /~e meeting was adjourned at 11:45 p.m. ~tichard .3~ H~'adricl~' Mayor' Becky J. l. Jb~or~2ity~lerk - 1- - 14-