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HomeMy WebLinkAboutMinutes 06/07/19942748 CITY COUNCIL MEETING Port Angeles, Washington June 7, 1994 CALL TO ORDER - Mayor Sargent called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: 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, Deputy Clerk Hagar, B. Collins, L. Glenn, K. Godbey, S. Ilk, J. Pittis, B. Titus, D. Sawyer and G. Kenworthy. Public Present: C. Johnson, H. Schmidt, R. Springer, S. Greely, G. Frick, K. Lotz, M. Haguewood, K. Washburn, F. Beaumariage, R. Beaumariage, D. Vincent, C. Mclnnes, D. McInnes, R. Gore, T. & J. Harmon, L. Horrocks, A. Thorne, S. Feiro, E. Hansen, B. Dier, D. Diet, M. Paynter, S. Packman, B. & J. Eckert, A. Jagger, D. Hayes, C. Hufford, J. McHone, R. & S. Konopaski, W. Beradar, B. Phillips, S. Price, J. LeSage, D. & D. Edwards, C. Peters, B. Bentley, D. Brewer, P. Brewer, M. Millar, J. Rexroat, I. Rexroat, D. Reese, P. Larson, G. Berk, J. Abram, M. Carey, S. Sell, D. Bettger, R. Sorde, R. Woods, D. Woods, C. Whalley, T. Charles, H. Chapman Jr., R. Wheeler, J. Kirschner, D. Byron, P. Stone, J. Cole, D. Turner, J. Haguewood, E. McKerney, R. Miller, B. Cates, M. Troyer, L. deBord, J. deBord, B. Wyatt, A. Merson, T. & I. McKeown, J. Schwagler, and A. Murry. ADJOURN TO The meeting adjourned to Executive Session at 6:02 p.m. to discuss a matter of labor EXECUTIVE SESSION: negotiations and litigation for approximately fifteen minutes. RETURN TO OPEN The meeting returned to open session at 6:22 p.m. SESSION: Interview Applicants for The City Council interviewed the following candidates: Greg Bondy, Building Code Law Enforcement Board of Appeals, Bill Anabel, Law Enforcement Advisory Board, and Bill Rinehart, Advisory Board and Building Code Board of Appeals. Building Code Board of Appeals Community Memorial At 6:47 p.m., the meeting adjourned to the City Hall atrium for the unveiling of Harold (Si) McLaughlin's name on the Community Memorial Plaque. CALL TO ORDER - Mayor Sargent called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:07 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Boy Scout Troop #1458, sponsored ALLEGIANCE: by the Loyal Order of Moose Lodge 996, Paul Carmean, Scoutmaster. Those participating were Jim Cares and Eric Anticevich. APPROVAL OF Councilman Hulett moved to approve the minutes of the regular meeting of May MINUTES: 17, 1994. Councilman Braun seconded the motion. Mayor Sargent requested that a correction be made to Page 9, Waterfront Trail Lighting, to reflect that only one light pole is involved. A vote was taken on the motion, which carried by a majority vote, with Councilmen Schueler and Ostrowski abstaining. -1- 2749 ~ COUNCIL MEETING June 7, 1994 APPROVAL OF Councilman Braun moved to approve the minutes of the special meeting of May MINUTES: 26, 1994. Councilman Halett seconded the motion, which carried by a majority (Cont'd) vote, with Mayor Sargent and Councilman Schueler abstaining. CEREMONIAL 1. Proclamation of Appreciation of Tad Mochizuki of Daishowa-America MATTERS/ PROCLAMATIONS: Mayor Sargent read a proclamation expressing appreciation to Tad Mochizuki of Daishowa America for all his many contributions to the City of Port Angeles. Mr. Appreciation of Tad and Mrs. Mochizuki were present to receive the proclamation and were given a Mochizuki of Daishowa standing ovation. Junior Duck Stamp 2. Presentation of Plaque and Proclamation Recognizing Dani Long, Winner Contest Winner of the Junior Duck Stamp Contest for Washington State Mayor Sargent read a proclamation acknowledging Dani Long as winner of the Junior Duck Stamp Contest for Washington State. A representative of the U.S. Fish and Wildlife Service presented Dani with a plaque and a bouquet of flowers and praised her artistic talents. A bouquet of flowers was also presented to Dani's art teacher. Yard of the Month 3. Yard of the Month Award for June, 1994 The individual Yard of the Month AWards 'were presented to: Dave and Dawn Shideler, 1325 West llth Street; Larry and Sonja Lahr, 904 West 13th Street; Fay Alger, 202 Dolan Street; Lynette Vance, 602 Cedar Street; Roy and Ann Nelson, 1906 South Pine Street; and Mark and Lorena Slover, 1009 East 9th Street. The Neighborhood of the Month Award was presented to the residents of Park View Villa. CITY COUNCIL Councilman Schueler attended a Health Advisory Committee meeting. COMMITTEE REPORTS: Councilman Braun attended a Law and Justice Committee meeting where a final draft for Law and Justice Funds was considered. He attended a Capital Finance Committee meeting and finalized the ratings for transportation. Councilman Braun attended the reception for Tad Mochizuki and a UAC meeting which dealt with water/wastewater cost of service, recycling, increasing utility deposit fees, establishing fees for collection of delinquent accounts by mail, increasing connect/disconnect fees, changes to the utility district, possible electric rate increases in fall, and solid waste excise tax exemption. Councilman Doyle attended several Capital Facilities meetings, a list of projects totalling more than $80 million has been compiled and prioritized for enactment over the next six years. Couneilmember McKeown attended a Golf Course meeting, where research is still being conducted. She attended the UAC meeting, as well as the reception for Mr. Mochizuki. Councilman Hulett attended a Visitor and Convention Bureau meeting and a Chamber of Commerce Board meeting. The Chamber of Commerce has requested the City's support of the purchase of the Visitor's Center and voted in support of the Albertson's rezone. Councilman Ostrowski attended an ISTEA meeting in Seattle with Planning Director Collins where the Discovery Trail was discussed. He also attended a Multi-modal meeting. Mayor Sargent attended a Regional Steering Committee meeting. FINANCE: None. CONSENT AGENDA: Councilman Ostrowski moved to accept the Consent Agenda, including: (1) Set a date for ribbon-cutting for pier floats and Waterfront Trail lights; (2) Request for out-of-state travel by Public Works Director; (3) Request for approval of contract to paint antique fire track; (4). Voucher list for June 3, 1994 of $1,039,491.68; (5) Payroll for May 22, 1994 of $351,655.81; and (6) Approval of Civil Service Interview Board members for Firefighter/EMT exam process. Councilman Schueler seconded the motion. Councilman Ostrowski suggested changing the date of the ribbon cutting for the pier floats and Waterfront Trail lights to coincide with the start 2 275O CITY COUNCIL MEETING June 7, 1994 CONSENT AGENDA: of the entertainment on the pier. After a brief discussion, it was the general (Cont'd) consensus of the Council that the date for the ribbon cutting should be changed to Thursday, June 23, 1994, at 5:30 p.m. A vote was taken on the motion, which carried unanimously. ITEMS FROM THE Harold Schmidt, Sequim, addressed the Council and expressed his thanks to the City AUDIENCE/COUNCII,/ Council and the citizens of Port Angeles for the proclamation designating May 22 as STAFF TO BE National Maritime Day. CONSIDERED OR PLACED ON A FUTURE AGENDA: LEGISLATION: A. Public Hearings Annexation Request - 1. ANNEXATION REQUEST - ANX 94(02)01 - RON~, et al, East of Golf Ron6 Course Road between Lindberg a~l Maddock Roads: Request for annexation of approximately 37.96 acres of property as RS-9, Residential Single-Family District. Mayor Sargent reviewed the information provided by the Planning Department and opened the public hearing at 7:59 p.m. Dave Edwards, 2019 East Maddock Road, requested that the Council exclude his land from the annexation. Mr. Edwards owns 1.2 acres of land located in the SE comer of the proposed annexation site. Mr. Tom Ellison, 4308 Nicholas Road, appeared as Mr. Ron6's representative. Mr. Ron6 is aware of Mr. Edwards' desire to be excluded from the petition, which is acceptable. There being no further testimony, Mayor Sargent closed the public hearing at 8:05 p.m. Councilman Doyle asked if the other property owners in the area had been invited to participate in the annexation. Mr. Ellison responded that they had; however, they were not interested in annexing at this time. The Council also inquired as to whether there would be access to the Owen's property if Mr. Edwards' land was not annexed. Neither staff nor Mr. Ellison felt that this would pose a problem. After further brief discussion, Councilman Schueler moved to approve the annexation, but set aside the Ordinance until the next Council meeting to give staff time to examine the issue of access to the Owen's property and correct the legal description excluding Mr. Edwards' property if that exclusion does not impact access to Mr. Owen's property. Councilman Hulett seconded the motion, which carried unanimously. Rezone Request - 2. REZONE REQUEST- REZ 94(04)01 - ALBERTSON'S, between Laurel and Albertson's Lincoln Streets, south of Lauridsen Boulevard: Request to rezone property from RS-7, Residential Single-Family, to CSD, Community Shopping District. Mayor Sargent reviewed the protocol by which the public hearing would be conducted and opened the public hearing at 8:13 p.m. Planning Director Collins pointed out the rezone area on a map and used the overhead projector to display a site plan, which showed the Council a better picture and understanding of the rezone. Director Collins also showed traffic design transparencies and explained that without this rezone, a smaller store will have to be built. Carol Johnson, 123 Henry Boyd Road, President of the Port Angeles Chamber of Commerce, was present with eight other representatives of the Chamber. Ms. Johnson urged the Council to vote in favor of the rezone and street vacation to allow Albertson's to proceed with its project. Local government must be sensitive to the needs of business in the changing and difficult economic times faced by this community. The Albertson's store will expand the tax base, provide new jobs, and preserve existing jobs. The Chamber requested that the City Council support the needs of business development. Joel Haggard, attorney for Albertson's, requested that the applicant be allowed the opportunity to address the Council before further public testimony was heard, as they had prepared a presentation for the Council which would take approximately 20 -3- 2751 CITY COUNCIL MEETING June 7, 1994 LEGISLATION: minutes. He introduced Woody Harris to explain why Albertson's needs to move (Cont'd) and why this location was chosen. Rezone Request - Woody Hams, Albertson's Real Estate Manager, Bellevue, stated that a business Albertson's (Cont'd) must change and evolve, or it will die. Albertson's does not own its present location but leases the site from Payless. payless does not wish to sell its interest in the site; therefore, Albertson's must find another location. Port Angeles lacks the necessary property to accommodate this type of commercial development, hence the rezone is necessary. Albertson's will be investing $5 - $6 million in the new Port Angeles store. Mr. Hams then introduced Cad Pirscher, Project Architect, Mountlake Terrace. Mr. Pirscher used charts and diagrams to show the Council how the store will be positioned on the proposed site and explained his three main goals, which are: (1) improve the existing conditions in the community; (2) mitigate, whenever possible, impacts associated with a project of this type; and (3) bring the best possible project to the community as well as the client. Meetings were held with the WSDOT to review traffic conditions associated with the project. Meetings were also held with the Fisheries Department to review issues related to drainage, detention, etc. Studies were also conducted to check on-site contamination, geotechnical aspects and lighting, and Mr. Pirscher felt that all three goals have been met. Mr. Pirscher continued by explaining the site plan and distributing a list of concerns expressed by the citizens with the proposed site area and his responses to the concerns. Ron McCounell, McConnell-Burke Planning Consultants in Bellevue, has 30 years experience in this field. Mr. McConnell stated that the rezone complies with the Comprehensive Plan, and that the proposed site has the necessary size and is accessible to three neighborhoods. Mr. McConnell distributed sketches which demonstrated how the proposed site fits into the zoning area. The Comprehensive Plan drawn up in 1976 did not anticipate this area being available, as it was owned by several different people. Now it is under the sole ownership of Albertson's. Mr. McConnell delineated the positive aspects of locating Albertson's in this area. Alan Merson, attorney for the Lauridsen Neighborhood Association, presented the points to be covered by the testimony of Association members. Mr. Merson stated that the problem here is a matter of law, and that three criteria must be met in order for the rezone to take place. Several policies contained in the current Comprehensive Plan are not consistent with this proposal. He further stated that testimony is not directed against Albertson's, but rather against the size of the proposed store. This is not a neighborhood grocery store, but a mega-store which will cause a domino effect. Other requests for rezones will be made, thereby creating an incompatibility with the Comprehensive Plan. The City should work with Albertson's to find another location for its store, as a facility of this size does not fit into the proposed area, and the three criteria provided by law are not met. Mr. Merson stated that if the Council votes in favor of this rezone, its decision will be challenged. Mr. Merson indicated that the Council did not have the benefit of an EIS, which would be of great assistance in making this decision, thereby making this issue vulnerable to challenge. The real question is whether or not a store of this size is appropriate in the CSD district. Don Rudolph, 2332 E. Fifth Avenue, spoke in support of the rezone. The City needs to go forward with development and progress. Tamson Harmon, 218 Whidby Avenue, spoke against the rezone. Current zoning did not intend an intrusion like this into a residential neighborhood, but intended general neighborhood services. The view from her balcony will be Albertson's roof and parking lot if this rezone is approved. She objected to the Chamber of Commerce Board of Directors representing everyone, as she is a member of the Chamber, and she was not asked for her opinion on this issue. Janac McHone, 2830 E. Bay Street, a lifelong Port Angeles resident, has been employed by Albertson's for 18 years. Consumers want one stop shopping. It is essential to expand to meet the needs of today's customers. Port Angeles needs and wants competition. Ms. McHone supported the rezone. (Members of the Neighborhood Association affixed a large street map to the wall to . demonstrate where each of its members live in conjunction with the proposed rezone.) Cheryl Baumann, 2310 S. Chase Street, expressed opposition to the rezone. She and her husband chose their home because it was a good neighborhood, within walking distance to downtown and their jobs. The current zoning allows commercial services for the immediate neighborhood, not the entire City. Ms. Baumann supported Albertson's, but not the location. She did not oppose using the area zoned for -4- 2752 CITY COUNCIL MEETING June 7, 1994 LEGISLATION: commercial purposes, but opposed the rezoning of the residential district. Further, (Cont'd) she expressed concern that a mega-store such as this will pull business from downtown as well as destroy the proposed new cross-town route. Rezone Request - Albertson's (Cont'd) Bart Phillips, Director of the Economic Development Council, stated that the Board of Directors was in support of the rezone. He stated the City must supply land for commercial and industrial growth. The Port Angeles consumer and the City have supported Albertson's in the past and should continue to participate in its success. Craig Whalley, 2532 Bay Street, was opposed to the rezone. Mr. Whalley is a business owner in Port Angeles and felt a poor zoning decision should not be based on the good of a specific project. Mr. Whalley expressed fear that a strip mall will be developed in this area, which will weaken the downtown. Travis Redenbaugh, a 14 year employee of Albertson's, presented to the Council petitions in favor of the rezone, which were signed by 2400 customers. A larger store is needed to meet the needs of the customer. There is not a large enough piece of properly zoned land available in the City. Bob Cates, 212 Whidby, congratulated the members of the Planning Commission for recommending against this rezone; he requested that the Council follow suit. Mr. Cates stated that this area is peaceful and quiet, and a store of the magnitude suggested would destroy that atmosphere. This rezone would result in affordable homes being destroyed. Community planning should reflect the community's long- range plan. This is a spot rezone. Darrel Vincent, 701 E. Front Street, quoted from part of a letter he had prepared for the Council. Mr. Vincent spoke in favor of the rezone. Taxes have gone up, but not due to an increase in construction. The new store will double the number of jobs at Albertson's. Marie Greubel, 315 W. 15th Street, was opposed to the rezone request. Ms. Greubel felt the City of Port Angeles and Albertson's should work together to put the new store in the understored west side of the city, as there are enough stores on the east side. She also requested that Albertson's keep the current store open, as it is widely used. Break Mayor Sargent recessed the meeting for a break at 9:28 p.m. The meeting reconvened at 9:47 p.m. Chuck Hammonds, 118 W. llth Street, spoke in support of the rezone. Kirt Lorentzen, 204 Orcas, supported Albertson's, but opposed the site issue. Mr. Lorentzen stated that he also had a petition signed by neighbors against the rezone. Mr. Lorentzen did not feel the rezone to be in the public use and interest. Lorraine Ross, 418 E. Front Street, stated Albertson's has been looking for a building site for several years but could not find anything currently zoned for it. Ms. Ross was a Councilmember in the 1970's When the current Comprehensive Plan was adopted. This Plan was supposed to be revisited and amended in ten years, but it's now almost twenty years without changes being made. Betty Anderson, 118 Motor Avenue, a lifelong resident and homeowner, spoke in opposition to the rezone. Ms. Anderson has been employed for 11 years at a 24- hour grocery store and has seen, heard and experienced problems that will adversely affect her neighborhood should the rezone occur. People that shop after 10 p.m. are tourists, shift workers, locals, teenagers, truants and transients. She has witnessed shoplifting and panhandling both in the store and parking lot, as well as intoxicated adults wanting to purchase more alcohol before the 2 a.m. restriction. On weekends teenagers hang out at the store because it is well lit and open all night; they approach adults to purchase alcohol and cigarettes for them. There have been physical confrontations between employees, police and shoplifters. A syringe was once found in the ladies room. She does not feel she could sleep safely and soundly next to an "all night party". Spot zoning would intrude into this quiet residential area. By approving this rezone, the City Council would be destroying the value of Ms. Anderson's home, as well as destroying the buffer zone already established. Ms. Anderson was concerned with the traffic pattern and expressed fear that more children will be injured or killed crossing this street. She urged the Council to vote against the rezone. Melody Haguewood, 333 Columbus Street, supported the rezone. One of the main concerns here is traffic, and Albertson's and the City will help solve this problem by installing a traffic signal. Port Angeles always says "now to new development. More growth is needed. Business draws business, and Port Angeles must let it -5 ~ 2753 CITY COUNCIL ~G June 7, 1994 LEGISLATION: happen. (Cont'd) Don McIunes, 117 Fogarty, expressed his concern and opposition to the rezone. He Rezone Request - is concerned over traffic andcschool crossings, schools and aesthetics. Opposition Albertson's (Cont'd) does not mean no growth, but planned growth. Mr. Mclnnes felt that a grocery store like this should be located closer to downtown. Jeff Abrams, 234 Fogarty Street, spoke in support of the rezone. That intersection needs to be improved with or without Albertson's being built. Highway 101 at Lanridsen is the main street coming into town from the west, and this would be a good location for a store. Steve Heun, 1113 S. Laurel Street, was opposed to the rezone. This is a bad location; traffic problems will only get worse. Don Bettger, 1022 S. Cherry Street, was in support of the rezone. Safeway did not hurt the residential area when it built its new store on Lincoln Street. Mr. Bettger was a Councilmember back in the sixties when strip zoning was done in conjunction with the writing of the Comprehensive Plan. At that time, no one envisioned that growth would take place to the extent it has, and no one thought anyone would build anything larger than Swain's, which sits very well on only half of a block of land. A crossover would solve the problem of getting children to the school without having to cross a busy street. Port Angeles must grow and must support business and industry if the residents don't want to see their property taxes rise. Jim Rexroat, 112 W. 12th Street, was against the rezone. Once the area is rezoned, it will create a domino effect. Linch deBord, 1309 E. 7th Street, spoke is in support of the rezone and agreed with Mr. Bettger's commentary. Ms. deBord understood the concerns of the neighborhood but felt they were clouded by fear of the unknown. Albertson's has spent a good deal of time planning good buffers and mitigating circumstances. Albertson's will no more adversely impact the neighborhood than the Lincoln Street Safeway did. Susan Feiro, 124 E. Lopez, was opposed to the rezone and quoted parts of the letter she had sent to the Council which was included in the packet. She felt a no vote from the Council would indicate that single-family residential zoning means something in this community. Approval of this rezone and companion street vacation would be a classic example of spot zoning. A comprehensive plan and commercial T would be unnecessary. Roger Wheeler, 514 Irving Jacobs Road, a local excavation contractor and President of the North Peninsula Home Builders Association,. was in support of the rezone. The City needs controlled growth, and he felt the City is moving in the right direction. John Hayden, a resident on 14th Street between Oak and Laurel, did not believe that no growth is the message being sent if this project is not approved. Albertson's mentions neighborhood many times in its proposal; however, this is not a neighborhood store nor a neighborhood development. This project does not belong in the site selected by Albertson's. Mr. Hayden suggested this is bad planning. Ed Ryan, 135 Forest Avenue, stated that anyone who has a home overlooking the proposed store, has a water view, which will still be there. Laura K. Horrocks, 2410 S. Lincoln Street, sent two letters from herself and her husband expressing opposition to the rezone. Ms. Horrocks and her husband purchased their home in this neighborhood three years ago, because the neighborhood was compatible to their needs. Albertson's is simply trying to outshine its competition. Ms. Horrocks was against the rezone. Joe Melton, who resides at 1503 W. 7th Street and owns a home located at 124 Motor Avenue, spoke in favor of the rezone. The issue is larger than Albertson's. Zoning should be revamped. Commercial and residential zones are compatible. Lonnie Johnson, 2220 S. Chase Street, expressed concern over traffic on the side streets in the area under discussion, as there are no yield signs to help prevent accidents. Mr. Johnson thought that the traffic plan only addressed one school, but there are three schools in the area. Mr. Johnson was opposed to the rezone. Jim Haguewood, 705 Christman Place, supported the rezone. Mr. Haguewood agreed with Mr. Melton and felt there are problems with how Port Angeles is being developed. The current comprehensive plan does not allow for 1990's development. There are two types of development in a community - private and public. Currently -6- 2754 CITY COUNCIL MEETING June 7, 1994 LEGISLATION: there is more than $20 million worth of public development with the new Senior (Cont'd) Center, Fire Hall, Juvenile Center and new Transit Headquarters. This type of development does not pay property taxes and doesn't add to the tax base. Port Rezone Request - Angeles needs private development to increase the tax base which will be a benefit Albertson's (Cont'd) to the citizens. Meeting Continued Councilman Braun moved to continue the meeting past 10:00 p.m. Councilman Past 10:00 p.m. Schueler seconded the motion, which carried unanimously. Irene Rexroat, 112 W. 12th Street, was opposed to the rezone. She stressed several points from her letter contained in the packet. Ms. Rexroat is concerned with the safety of the school children, as a store will increase the responsibility of the crossing guards. There are no yield signs or crossing guards on Laurel and 12th Streets. There was no impact study done on Cherry, Oak, or Laurel Streets by Albertson's. Tom Ellison, 4308 Nicholas Road, was supportive of the rezone. He noted that the School Board didn't have representation present this evening; therefore, it must follow that they are not concerned with this rezone. Mr. Ellison thanked the Council members for their patience on this issue. Rick Riski, 2310 S. Chase Street, was opposed to the rezone and requested that the Council not make a decision in a vacuum. Mr. Riski submitted photos of empty store fronts in Sequim to support a letter he sent to the Council on this issue. Mr. Riski expressed the hope that the Council would concur with the recommendation of the Planning Commission. Ray Peters, 214 E. Lauridsen Blvd., supported the rezone, as he felt the City needs the growth in the area. Rose Benoit, 104 E. Orcas Street, was opposed to the rezone. Ms. Benoit has two handicapped children, and where they now have a water view, they will have only the roof of the new Albertson's to see if the rezone is approved.. Ms. Benoit was concerned over the safety of the elderly and the handicapped as the traffic in this area is already terrible. She did not wish to have a major grocery store located in her area. Joan Warren, 2316 S. Chase Street, was opposed to the rezone. Albertson's will be too big of an intrusion into a residential area. Shawn Price, 209 Columbus Avenue, expressed opposition to the rezone. He talked to several of the Jefferson School teachers, parents and the principal and concluded the traffic situation is already bad enough; the store will make it worse. Sheila Sell, 229 Orcas Street, was opposed to the rezone. She stated that the Jefferson School principal did attend one oftbe Planning Commission meetings. Ms. Sell informed the Council that Albertson's personnel were telling people that the new store was going to be on the west side when they were asking them to sign the petition. Mayor Sargent informed the audience that she would now allow time for rebuttal. Joel Haggarty, Attorney for Albertson's, asked Mr. Woody Harris to come forward and clarify a few items. He asked Mr. Harris about any contact he had with the schools. Mr. Harris stated that Brad Budreau, principal of Jefferson School, attended the first Planmng Commission meeting and asked Albertson's and the Planning Commission to make sure they addressed the safety of the children in the proposals. Prior to that meeting and several times afterwards, Mr. Harris met with Mr. Budreau and Superintendent John Pope, who have both reviewed the channelization plan and signal plan. Mr. Budreau indicated he thought the proposal and channelization was an improvement to the safety of the children. Mr. Haggarty referenced testimony offered earlier by an individual who indicated there were serious shoplifting and panhandling problems with an existing store. He asked Mr. Harris if he recognized the individual and could identify the employer. Mr. Harris stated that he understood the individual was employed by Safeway. Mr. Haggarty then inquired of Mr. Harris as to how a situation such as that described would be handled. Mr. Harris responded that Albertson's operations staff would be in contact with the Police and would see to it that incidents such as these would be minimized and not -7- 2755 CITY COUNCIL MEEIING June 7, 1994 LEGISLATION: reoccur. No business can guarantee that incidents such as these will not occur, but (Cont'd) the key is good operations people who are trained to take care of the incidents in a proper fashion so that they do no reoccur. Rezone Request - ~ Albertson's (Cont'd) Mr. Haggarty asked Mr. Harris if he had information as to the square footage of the total Albertson's and Payless building. Mr. Harris responded that there are approximately 46,000 s.f. in the existing Albertson's/Payless complex. Mr. Haggarty asked if there are residences located immediately east across the street from the store. Mr. Harris responded that there are residences which border both Albertson's and the Safeway store. Mr. Haggarty wanted to be certain these facts were made a part of the record. Mr. Haggarty then asked Mr. Terry Gibson, the Project Traffic Consultant who did the traffic studies for the project, to answer a question. One witness alleged that Cherry, Oak and Laurel Streets had not been studied, and Mr. Haggarty asked Mr. Gibson if this were true. Mr. Gibson stated this was not true. There was a meeting with Planning and Public Works staff on May 6, 1994, and there was significant discussion about the comments made regarding traffic at an April 27 hearing. Mr. Gibson's team did eXtensive field reconnaissance in the south neighborhood, including the high school, as well as the west Port Angeles area which includes Cherry, Oak, Pine, Laurel (which was studied for a second time going further north up to 8th), 8th Street, going over both crossings of the canyon, 8th as well as U.S. 101. The team conducted a thorough analysis of the Cherry/15th intersection with U.S. Hwy. 101 and provided that documentation in written memorandum at the request of the City. This was dated May 18, and should be included in the packet. Mr. Alan Merson was then offered the opportunity to make a closing statement. Mr. Merson stated that there were three points to be made: (1) the people who placed markers on the map to show their homes are the people most directly impacted by this rezone proposal; (2) economies - the proposal fails as there will be no long term benefit, property values will decline; and (3) unless the Comprehensive Plan is changed to accommodate the store, this rezone proposal is in violation of the law. Mr. Joel Haggarty gave his closing statement by stating that circumstances have fundamentally changed since the Comprehensive Plan was drawn up in 1976, because of the absorption of the then identified commercial zoned property. The opportunity for zoning does not exist today to take care of Albertson's to stay in Port Angeles. Albertson's is not asking for all the property they need to be rezoned, but rather approximately one third of the area. The Council should not be looking at which side is right and which side is wrong, but rather, what is best for the community. The Comprehensive Plan is a guideline, a direction and a blueprint written in 1976. Even then it recognized and stated that times change, conditions change and what is valued in the community changes. This Plan is not regulatory and prescriptive; it is guidance. Mr. Haggarty reminded the Council that the existing Albertson's/Payless store takes up as much space as the proposed one; yet there are residential areas around that store and have been for years. Yet not one of those residents came to testify in favor of the move because of the lack of adverse effects on them now. Mr. Haggarty continued by stating there is a public interest and a public benefit. The channelization, the signal, the pedestrian safety, the berming, the setting of the building down into the grade to reduce the apparent height, are all benefits. Tonight's decision is not just a question of economics, it is a question of what Port Angeles is about, and how Albertson's can, as part of this community, help all the people. Planning Director Collins approached the podium and briefly reviewed six points: (1) planning and zoning are not based on particular developments. (2) This is a rational extension of an existing CSD zone by half of a block, not spot zoning. This is an appropriate although small rezone. (3) Concerns regarding the safety of the school children have been addressed. (4) Recently, the City had two community shopping districts, CSD-C1 and CSD-C2. Residents in the CSD-C1 stated that the types of activities that occur in this zone are very compatible with single-family residential uses, and the City ought to allow single-family residential uses in the CSD-C1. As a result, this district was bifurcated into commercial residential and community shopping districts without the C 1 and C2. The notion was that these activities were compatible with residential uses. In the CR zone, residential is allowed to be mixed with the commercial activities. The same activity that is allowed in CSD is allowed in CR as well, which includes supermarkets. (5) In response to a question from Councilman Hulett regarding the difference between a rezone and a specific development project, this case has been difficult to separate the two because the rezone relates directly to the size of the CSD site, and the size of the CSD site relates directly to the size of the commercial activity and building which may be constructed on the site. The size of the building relates directly to the concern of -8- 2756 CITY COUNCIL MEETING June 7, 1994 LEGISLATION: compatibility with the adjacent residential area to the south. The rezone is not a (Cont'd) guarantee that this development concept will be constructed. The rezone is a necessary step for assembling a CSD site for the Albertson's store. The SEPA Rezone Request - measures for this rezone do provide adequate mitigation of impact related to the Albertson's (Cont'd) concerns about the rezone, and they do address issues related to an expanded CSD zone in this location. (6) Finally, with regard to changing the Comprehensive Plan for this facility, the Council will have the opporttmity in the near future to deal with that issue. Staff analysis of the existing Comprehensive Plan does support this rezone. Brief discussion followed regarding mitigation measures and whether or not the schools were satisfied with the safety element for the school children. There being no further testimony, Mayor Sargent closed the public hearing at 11:11 p.m. Mayor Sargent stressed that any development would have to conform to the requirements of the zoning, such as setback, signage, landscaping etc. and super markets are allowed in this zone. A discussion ensued with Council members individually expressing support for the rezone and the reasons for their support. Councilman Braun moved to approve the rezone, citing from the April 13, 1994, staff report Findings I - 15 and Condusioas A - C, as set forth in Exhibit "A" which is attached to and becomes a part of these minutes. Councilman Schueler seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Street Vacation Request - 3. STREET VACATION REQUEST- STV94(04)01 - ALBERTSON'S, San Juan Albertson's Avenue: Request to vacate a portion of San Juan Avenue lying between Laurel and Lincoln Streets, south of Lauridsen Boulevard. Mayor Sargent opened the public hearing at 11:44 p.m. Joel Haggarty, attorney for Albertson's, urged the Council to vote in support of this vacation. Joe Melton stated the street vacation was necessary to make a better project. He felt the vacation was a necessity and urged the Council's support. There being no further testimony, Mayor Sargent closed the public hearing at 11:46 p.m. Councilman Ostrowski moved to approve the street vacation request, subject to Conditions 1 - 3 and citing Findings 1 - 9 and Conclusions A - B as stated in the Planning Deparlment staff report of April 13, 1994, and as set forth in Exhibit "B" which is attached to and becomes a part of these minutes. Counciimember McKeown seconded the motion, which carried unanimously. Planning Director Collins reminded the Council that ordinances will come before them at the next Council meeting regarding the rezone and the street vacation, and the street vacation ordinance will include the appropriate compensation. Joel Haggarty stated that he has attended many hearings, and he felt the way this . hearing was held was very fair, as the Mayor had opponents and proponents take tums testifying. B. Ordinances Not Requiring a Public Hearing None. Street Vacation - C. Resolutions Not Requiring Public Hearings Ron~-Early - R Or/2: Resolution No. 5-94 ~g~l. sTREET VACATION PETITION- STV 94(06)03 - RON~-EARLY, Portion of Hancock Avenue: Petition requesting vacation of that portion of Hancock abutting lots in Blocks 18 1/2 and 23 Fogarty and Dolan's Addition. Mayor Sargent reviewed the information provided by the Planning Department and read the Resolution by title, entitled RESOLUTION NO. 5-94 A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting 9 2757 CrFY COUNC/L MK~r~NG June 7, 1994 LEGISLATION: a hearing date for a petition to vacate a (Cont'd) portion of Hancock Street, Port Angeles, Washington. Street Vacation - Ron6-Early- Councilman Braun moved to pass the Resolution as read by rifle. Resolution No. 5-94 Councilmemher McKeown seconded the motion, which carried unanimously. (Cont'd) Planning Commission D. Planning Commission Minutes/Action Items Minutes/Action Items 1. Planning Commission Minutes of April 27, 1994 Councilman Braun moved to accept the Harming Commission minutes of April 27, 1994. Councilman Hulett seconded the motion, which carried unanimously. 2. Planning Commission Minutes of May 25~ 1994 Councilman Doyle moved to accept the Planning Commission minutes of May 25, 1994. Councilmemher McKeown seconded the morion, which carried unanimously. 3. SHORELINE MANAGEMENT PERMIT- SMA 94(04)141 - K-PLY, 439 Marine Drive: Request to allow the construction ora 3,000 sq. fl. roof over an existing fuel storage pile in the M-2, Heavy Industrial District. Mayor Sargent reviewed the information provided by the Planning Department. Councilman Hulett moved to approve Shoreline Management Permit SMA 94(04)141, subject to Conditions A - C, and citing Findings 1 - 7 and Conclusions A - C, as set forth in Exhibit 'C" which is attached to and becomes a part of these minutes. Councilman Braun seconded the morion, which carried unanimously. 4. Planning Commission minutes of May 11, 1994 Councilman Braun moved to accept the Planning Commission minutes of May 11, 1994. Councilmemher McKeown seconded the motion, which carried unanimously. Appointments to Law E. Other Considerations Enforcement Advisory Board and Building Code 1. Appointments to Law Enforcement Advisory Board and BuiMing Code Board Board of Appeals of Appeals Mayor Sargent reviewed the information provided by the City Clerk and requested that Deputy Clerk Hagar conduct a roll call vote for the Council to fill the vacancy on the Law Enforcement Advisory Board. Mayor Sargent and Councilmembers Schueler and McKeown cast votes for William Anabel. Councilmembers Braun, Doyle, Hulett and Ostrowski cast votes for Jim Jones. Mr. Jones was, therefore, appointed to the position for the period, June I, 1994 - June 1, 1995. There being three vacancies and only two candidates for the Building Code Board of Appeals, Councilman Schueler moved to cast a unanimous ballot for Greg Bondy and Bill Rinehart. Councilman Ostrowsld seconded the morion. Councilman Braun reminded the Council to direct staff to continue to advertise for this position. A vote was taken on the motion, which carried unanimously. Park Caretaker and 2. Filling of Vacant Park Caretaker and Senior Center Positions Senior Center Positions Mayor Sargent reviewed the information provided by the Parks and Recreation Department. Coanciimemher McKeown moved to authorize the filling of the half time Senior Center assistant position. Councilman Doyle seCOnded the motion. After a brief discussion and aa explanation from Director of Parks and Recreation Brodhun as to the necessity of filling this position, a vote was taken on the motion, which carried unanimously. Councilman Braun moved to fill the position of Park Caretaker. Councilman Hulett seconded the morion, which carried unanimously. - 10- 2758 CITY COUNCIL MEETING June 7, 1994 LEGISLATION: 3. Filling of Vacant Police Officer Position (Cont'd) Mayor Sargent reviewed the information provided by the Chief of Police. Police Officer Position Councilman Schueler moved to fill the vacant position of police officer. Councilman Braun seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Extension of Earnest 4. Extension of Earnest Money Agreement with Serenity House for Property at Money Agreement with 16th arm ~E~ Streets Serenity House Mayor Sargent reviewed the information provided by the Public Works Department and deferred to Councilman Ostrowski, as a member of the Real Estate Committee, for further explanation. Councilman Ostrowski explained that the Serenity House is asking for an extension to January 1, 1995, and the Real Estate Committee concurs with this recommendation. He continued by explaining the second change, which had to do with timber removal from the land. After a brief discussion, Councilman Ostrowski moved to agree to an extension of time to January 1, 1995, and to add Addendum No. 2 to the Real Estate Purchase and Sales Agreement. Councilman Braun seconded the motion, which carried unanimously. After further discussion, Councilman Ostrowski moved that the City proceed with the sale of the timber from the land. Councilman Doyle seconded the motion. After further brief discussion, a vote was taken on the motion, which carried unanimously. Request by AWC for 5. Request by Association of Washington Cities for Financial Support of $250 Financial Support to Defray Costs Associated with Intervening in U.S. West Petition for Terminal Loop Rate Change Mayor Sargent reviewed the information provided by the AWC. Councilmember McKeown moved to provide financial support to the Association of Washington Cities in the amount of $250 to defray costs associated with intervening in the U.S. West petition for terminal loop rate change. Councilman Braun seconded the motion. After a brief discussion, a vote was taken on the motion which carried by a majority, with Councilman Hulett abstaining. Approval of Labor 6. Approval of Labor Contract Between City of Port Angeles and the Teamster Contracts Union #589 Representing Non-sworn Personnel in the Police Department This item is being deferred to the next Council meeting. Microflex Contract 7. Microflex Contract for Sales Tax Audit Mayor Sargent reviewed the information provided by the Finance Department. Councilman Braun moved to authorize the agreement with Microflex to perform .a tax discovery audit. Councilman Doyle seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Sidewalk Construction 8. Consideration of a Sidewalk Construction Program Program Mayor Sargent reviewed the information provided by the Public Works Department. Public Works Director Pittis distributed maps showing where the sidewalk program would be working and explained the program. A brief discussion ensued, with Councilman Braun praising the sidewalk work already done. Councilman Braun moved to adopt and approve the plan for expending the 1994 budgeted funds and authorize the Public Works Department to complete the plans and specifications and call for bids for construction. Councilman Hulett seconded the motion. Brief discussion followed, after which a vote was taken on the motion, which carried ananimously. Purchase of Property by 9. Purchase of Property on Golf Course Road by City Light for Future City Light for Future Substation Substation Mayor Sargent reviewed the information provided by the Light Department. -11- 2759 crrY COUNCIL June 7, 1994 LEGISLATION: Councilman Ostrowski moved to authorize City Light to make an offer for the (Cont'd) property as listed under Items 1 - 7 of the memorandum contained in the packet, except Item #1 be amended to say "Offer to purchase the property for $50,000. Purchase of Property by Councilman Braun se~:onded the motion. A brief discussion ensued, after which City Light for Future a vote was taken on the motion, which carried unanimously. Substation Peninsula RTPO I0. Peninsula RTPO Policy Discussion Councilman Ostrowski requested that this item be referred to Planning Director Collins, who attended the technical advisory committee meeting, where this proposal was formulated. Director Collins explained that the first part is the establishment of the LOS of . roadways, which he felt the City should support. The second matter is the issue of an LOS for the State ferries which would result in acceptable delays which are greater than what are currently being experienced. Councilman Ostrowski moved to accept the recommendations of Planning Director Collins to direct the PRTPO representative, Deputy Mayor Ostrowski, to support the roadway LOS standards as recommended and to question the state ferry LOS standards as recommended before acting in the best interests of the City on these regional policy decisions. Councilmember McKeown seconded the motion, which carried unanimously. Councilman Schueler reminded the other Council members that he would like to meet with them individually to discuss the Library bond issue. ADJOURNMENT: The meeting was adjourned at 12:33 a.m. - 12- 2760 Exhibit "A" Rezone Request - REZ 94(04)02 - ALBERTSON'S Attachment Findings: 1. The request is to rezone Lots 1-10, Block 24, PSCC 2nd Addition to Port Angeles, and the adjacent San Juan Avenue right-of-way from RS-7 to CSD. 2. The site is identified as urban residential environment in the Comprehensive Plan. The following goals, policies and objectives have been identified as being most relevant to the proposal: Goals Nos. 2, 3 & 5; Commercial Policies Nos. 1-3; 4, 5 & 12; Social Objective No. 2; Economic Objective No. 1; and Land Use Objectives Nos. 1, 2 & 5. 3. The draft comprehensive plan identifies the site as low density residential with commercial designation beginning at San Juan Avenue. 4. The applicant has indicated an intent to assemble the 4.33 acre site, along with the San Juan Avenue fight-of-way and the block of property to the north for construction of a 47,000 s.f. grocery store. There are no comparable sites on Lincoln Street. Other large sites along the First/Front Street corridor have recently been developed. 4. A Mitigated Determination of Non-Significance was issued for the rezone and construction of the site with a 47,000 s.f. grocery store. 5. The rezone would extend the CSD property 170 feet further south at this location. The depth of the CSD zone would match the depth of the OC zone of the property adjacent to the east. 6. The rezone would result in CSD and RS-7 property in being separated by a 20 foot wide alley. This is fairly common in the City along the Eighth Street corridor where CR and RS-7 property share alleys. 7. The CSD zone district contains standards for compatibility with residential zones including setback and landscaping requirements. 8. The site is located on Lauridsen Boulevard which acts as a boundary between neighborhoods and provides excellent access from more distant neighborhoods. 9. There are eight single family residences on the rezone site which will become non-conforming with the rezone approval. 10. The proposed development does not meet the design configuration of strip or cluster commercial as described in the Comprehensive Plan. 11. The site enjoys immediate access to two arterial roadways - Lauridsen Boulevard and Laurel Street. Lauridsen Boulevard and Laurel Streets are also identified as school walking routes. 12. The applicant was unsuccessful in assembling a sufficient site for the proposed development at Albertson's present location in the block on Lincoln Street 2761 between 6th and 7th Streets. 13. The proposed rezone is for the same zone Community Shopping District and in the same vicinity of Highway 101 along Lincoln Street as Albertson's present location. 14. The Washington State Department of Transportation has reviewed the impacts that may result directly and indirectly from the rezone and have found the City's mitigation measures to be adequate for subsequent traffic circulation on Highway 101. 15. Within the City limiits, Albertson's and Safeway are the only large supermarkets serving the City residential neighborhoods. Conclusions: A. The rezone is in the public use and interest and is compatible with the surrounding neighborhood. The subject site including the rezone portion is sufficient in size for Albertson's to construct a new supermarket of similar size to other supermarkets located within the City limits. Street improvements including new lanes and channelization, intersection alignment and signalization, crosswalk alignment and signalization, and sidewalks will provide safety for pedestrians including school children and traffic level of service operating standards for street segments presently operating below accepted City standards. B. The rezone is consistent with most of the Goals, Policies, and Objectives of the Comprehensive Plan, specifically, those identified in Finding No. 2. There are a lack of sites within the Lincoln leg of the commercial "T" to accommodate a modern grocry store. C. Circumstances have changed since the property was zoned RS-7. Adjacent properties to the north have not thrived commercially as evidenced by the vacant land and former convenience store. The larger commercial sites in the city have been developed. Adopted by the Port Angeles City Council at its meeting of June 7, 1994. K. Sargent AT*-I'ES~: ~]eck~ J. Upt{~, City Clerk 2762 Exhibit "B Street Vacation Request- STV 94(04)01 - ALBERTSON'S Attachment Conditions: 1. The street vacation shall not be finaled until the following are completed: A. The property is rezoned pursuant to the rezone application (REZ 94(04)01) also filed by Albertsons. B. All the habitable structures on Lots 1-10, Block 24, PSCC 2nd Addition are removed. C. A final short plat which consolidates the 18 lots and the vacated right-of- way into one lot is recorded with the County Auditor's Office. 2. The applicant shall reimburse City Light for the cost of removing the electrical service from San Juan Avenue. 3. After the buildings are removed from the site, Albertsons shall be responsible for cutting and capping the water line at Laurel and Lincoln Streets and the sewer line at Lincoln Street and for removing or filling the manhole near the west end of San Juan Avenue. Findings: 1. The request is to vacate the San Juan Avenue right-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. There are ten lots with eight houses which abuts San Juan Avenue to the south. There are eight lots which abut San Juan Avenue to the north but which have primary access and frontage along Lauridsen Boulevard. 4. San Juan Avenue is a local access street and does not extend beyond Laurel and Lincoln Streets. 5. The utilities located the right-of-way are there to serve those properties located on San Juan Avenue, and not properties beyond. 6. The purpose of the vacation is to allow the creation of a 4.33 acre site which is large enough to support a 47,000 square foot Albertsons grocery store. 7. Vacation of the street without removing the homes would result in inadequate access for fire protection. 2763 8. Vacation of the street without replatting the site would result in nine lots that do not meet the City's requirement for frontage on a public road. 9. The comprehensive plan encourages a diversified and healthy economic base (Economic Objective No. 1). Conclusions A. As conditioned, vacation of San Juan Avenue is in the public use and interest as it would provide a commercial site of adequate size to support a competitive grocery store. B. The street vacation is consistent with the Goals, Policies and Objectives of the Comprehensive Plan listed in the staff report. It will encourage economic diversity and will not adversely affect the circulation system. Adopted by the Port Angeles City Council at its meeting of June 7, 1994. o~K. Sargeni, Mayc(rJ A~I'E-ST: fh[cky~ Uptbn,FiCity Cle~ 2764 Exhibit "C" SHORELINE MANAGEMENT PERMIT - SMA 94(04)141 - K-PLY Attachment, Findings: 1. The approval is for construction of a 60' x 50' roof to cover a fuel storage area within the K-Ply mill site. 2. The project involves excavation of 27 cubic yards of material. The site has been filled to an unknown depth. 3. The site is in close proximity to S'Klallam Village sites, including one at the base of the Daishowa Mill to the west and one at Hollywood Beach to the east. 4. The site is improved with a plywood mill including several buildings, paving, log and fuel storage. 5. The site is zoned Heavy Industrial (M-2) and designated Heavy Industry in the Comprehensive Plan. 6. The Port Angeles Shoreline Master Program designates the site "Urban" and its' regulations have been considered in review of this application. 7. The Port of Port Angeles has been granted a permit for filling in the K-Ply Pond to the north. Conclusions: A. As conditioned, the proposal is consistent with the Port Angeles Shoreline Master Program, specifically General Regulations C. 1, 2 & 4; Land Use Element D.7; and Use Activities F. 18. B. The industrial use is consistent with the Heavy Industrial designations of the site in the Zoning Ordinance and Comprehensive Plan. C. As conditioned, the proposal will not be detrimental to the shoreline. Adopted by the Port Angeles City Council at its meeting of June 7, 1994. K. Sargent, Ma~)r A~TEST: <l~k~J. Up~or~, C~-ty Cl~rk