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HomeMy WebLinkAboutMinutes 06/14/20045331 CITY COUNCIL MEETING Port Angeles, Washington June 14, 2004 CALL TO ORDER - SPECIAL MEETING: ROLL CALL: WORK SESSION: William Shore Pool Renovation Report Mayor Headrick called the special meeting of the Port Angeles City Council to order at 4:00 p.m. Members Present: Mayor Headrick, Councilmembers Braun, Erickson, Munro [arrived 4:12 p.m.], Pittis, Rogers, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Bloor, Clerk Upton, B. Collins, M. Connelly, G. Cutler, T. Riepe, B. Oliver, P. Reifenstahl, B. Petty, R. Dyker, K. Dubuc, G. Kenworthy, S. Johns, and B. Beverford. Public Present: E. Tuttle, P. Lamoureux, T. Ahlgren, T. & S. Newcomb, P. Walker, and B. Gagnon. All others present in the audience failed to sign the roster. William Shore Pool Renovation Report: Parks & Recreation Director Connelly introduced Mr. Rex Bond, ARC Architects, and Parks & Recreation staff members Ralph Dyker, Bob Petty, Barb Oliver, and Patty Reifenstahl, who were available to answer any questions that may arise. Aided by PowerPoint slides, Director Connelly discussed the history of this 40-year-old facility. The construction of the pool took over one year to be completed, a time frame that would likely reoccur should the pool be renovated or reconstructed. Director Connelly pointed out that the service area extends well beyond the City limits, and there is a different fee schedule for City versus County residents. The pool has experienced over 3 million visits, providing such services as swim lessons, water exercise, swim team meets, public swims, lap swimming, special events, pool rentals, Swim Club accommodations, and Coast Guard activities. The current facility is 16,300 square feet in size, and Director Connelly reviewed attendance and cost recovery, noting that the City currently recovers approximately 40 - 50% of its operating costs. Director Connelly provided a chronicle of pool renovation studies conducted since 1998 by virtue of the Council's awareness that pool improvements and upgrades needed to be achieved. Due to the age of the facility, the structural, electrical, and mechanical components were assessed, with several areas identified as needing attention. Director Connelly showed pictures evidencing severe degradation in the plumbing, mechanical and HVAC systems, the pool tank, and the natatorium. He continued by reviewing in detail certain safety, code, and security issues that must be addressed, as well as current scheduling and use conflicts that have arisen over the years. He discussed the need for varied pool temperatures based on the individual needs and demands of the public. The Pool Steering Committee recommended a solution, and Mr. Bond, having been involved in the studies since 1998, presented a proposed pool renovation design floor plan, incorporating different types of aquatic activities intended to increase the revenue -1- 5332 CITY COUNCIL MEETING June 14, 2004 WORK SESSION: (Cont'd) William Shore Pool Renovation Report (Cont'd) stream. Mr. Bond discussed a revamped and enlarged entry, reconfigured dressing rooms, increased staff/reception area, and the addition of a multi-purpose space to accommodate parties, swim teams, and fitness activities. He also noted the addition of a leisure component that would include a zero-depth beach, a play area, a hot water spa, and a type of river mn. A slide, which would be extended outside the exterior walls, would also be included in the floor plan. Mr. Bond noted the lap lanes and the diving well would be retained, but additional auxiliary areas would be needed for laps and swim lessons while teams are performing. Mr. Bond, referencing the building elevations, advised the Council of the desire to incorporate the current roof line. Director Connelly informed the Council that the pool design chosen by the Steering Committee would accommodate all of the different users at one time. He then reviewed in detail the capital costs of approximately $4.2 million and the soft costs of $1.26 million. Current operating costs of $387,500 and cost recovery of 45.8% would increase to $802,000 and 70% respectively. Director Connelly projected that the City subsidy would increase from $210,000 to $242,000 with the renovated facility. In reviewing the Feasibility and Market Analysis of the proposed Lincoln Park Recreation Complex, Director Connelly indicated that a user survey had been conducted, with 76% favoring a downtown site for the pool. The analysis indicated the population base was too small to support a project of that size, with capital costs projected at $20 - $26 million and annual operating costs at approximately $1 million. When asked how many users participated in the survey, Director Connelly indicated that 80 had responded. Director Cormelly discussed potential sites for the William Shore Pool, and he then delineated the various site decision issues that must be considered. Important elements of the consideration to put a bonded pool renovation to a public vote included past bond measures, the types of elections available for such a ballot measure, approval requirements, and election costs. Director Connelly felt that key issues would involve the timing of an election in terms of community awareness and design status, the determination of when to conduct such an election, the potential impacts to the General Fund should Initiative 864 be passed, as well as other capital needs. He noted elements specific to a bond campaign in terms of organization, publicity, and presentations. An extended question and answer period followed, with the suggestion being made to consider the possibility of constructing a new pool at the Jesse Webster Park site, as the City currently owns the property, there is infrastructure to the site, and it is centrally located in an already existing sports and recreation corridor. It was pointed out that a renovated facility at the present site would not necessarily provide needed storage and room for growth and that a new pool at another location could increase the amenities made available. Councilmember Erickson noted the committee had reviewed other options that could provide storage and future expansion. She reviewed the deliberations of the committee, feeling that most citizens would want the pool to stay in its current location. She also felt the timing is such that it is too late to attempt a ballot measure in the fall election. Director Connelly, noting that the pool renovation has been an issue since 1997, wanted to see the issue moved forward by this presentation before the Council. He advised the Council that the vote on the part of the committee had been 6 - 4 and, ifa new pool is considered, he felt there should be some parameters on the project. He emphasized the fact that, since severe problems with the pool prompted the 1997 study, the seriousness of the situation has become even more severe. Further discussion centered around the projections for the area's increased population, the potential for deed restrictions on the current property, the need for a business plan, the need to address growth in pool services, and the benefits of taking a wider look at future needs in order to provide the best possible facility over the coming fifty years. It was noted that tree removal at Webster Park might be an issue. The Council agreed, in light of the discussion, that an election could not be conducted this year. Other considerations that might play into the decision would relate to -2- WORK SESSION: (Cont'd) William Shore Pool Renovation Report (Cont'd) ADJOURN SPECIAL MEETING: CALL TO ORDER - REGULAR MEETING: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES, PRESENTATIONS AND PROCLAMATIONS: Amateur Radio Week Proclamation WORK SESSION: 8th Street Bridges Material Selection CITY COUNCIL MEETING June 14, 2004 facilities available in Sequim and Forks, as well as the City's current and future bonding capacity in view of other bond issues that may be considered. It was noted that all of the City's capital considerations must be considered as part of the budget process so that the Council has a complete understanding of upcoming needs for the entire City. Following further deliberation, Councilmember Braun moved to do a quick study on a new pool at a publicly-owned central site, such as Jesse Webster Park, and revisit the matter once the necessary information has been obtained. Councilmember Rogers seconded the motion. Councilmember Pittis thanked the committee and the staff for bringing the matter forward, as he felt the Council wanted a facility that would serve into the future. Mayor Headrick felt the Council would need an answer on this particular location within the next couple of months if an election is to be considered for 2005. Councilmember Munro asked that the motion also include direction that a community poll be conducted. Councilmembers Braun and Rogers, as maker and seconder of the motion, agreed to the addition. A vote was taken on the motion, which carried 6 - 1, with Councilmember Erickson voting in opposition. The special meeting was adjourned at 5:30 p.m. Mayor Headrick called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. The Pledge of Allegiance to the Flag was led by Deputy Director of Engineering Services Kenworthy. Proclamation in Recognition of Amateur Radio Week, dune 20 - 27, 2004: Mayor Headrick read a proclamation declaring the week of June 20 - 27, 2004, as Amateur Radio Week. The proclamation was accepted by Jerry Sampont on behalf of other Ham Radio Operators present in the audience. 8th Street Bridges Material Selection: Public Works & Utilities Director Cutler referenced the decision made by the City Council on March 15, 2004, selecting the Slant Leg alternative for the bridge typein the replacement of the 8th Street Bridges. He introduced Exeltech staff members Santosh Kuruvilla and Bernie Chaplin, who were present to assist in the discussion on bridge material selection. Director Cutler indicated that the Council would be asked to not only select the construction material, but to authorize proceeding into the permitting and final design phase of the project. With the use of PowerPoint slides, Mr. Kuruvilla informed the Council that, after this evening's selection of bridge material, the effort would proceed to anopen house the latter part of July, with final design taking place from August, 2004, to April, 2005. In the April/May, 2005, time frame, the project would go to bid, with the commencement of construction scheduled for July, 2005. If the steel material should be selected, construction completion should occur in September, 2006; if cement is selected, then completion of the project would happen in February, 2007. Mr. Kuruvilla summarized the construction sequence, showing graphics of the bridges at various phases of the construction effort and the construction time frames associated with steel and with cement. The graphics showed that the construction period would be extended by approximately five months with the cement bridge. Mr. Chaplin reviewed bridge construction cost comparisons, as well as 75-year maintenance costs. Maintenance costs for the steel material were somewhat higher in view of future painting costs. Mr. Chaplin indicated there would be Federal funding 5333 -3- 5334 CITY COUNCIL MEETING June 14, 2004 WORK SESSION: (Cont'd) 8th Street Bridges Material Selection (Cont'd) LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: FINANCE: Contract for Co- Composting Facility Improvements Amendment No. 6 to Consultant Agreement Port Angeles International Gateway to reimburse the cost of the painting. He then discussed the advantages and disadvantages of the steel versus cement material, recommending the steel material in the interest of minimizing economic impacts during construction. Lengthy discussion followed, with individual Councilmembers speaking in support of the steel option. Mr. Kumvilla provided clarification as to the aesthetics of the steel frame, and Deputy Director Kenworthy noted that much of the frame would be hidden because of the trees below. Following further discussion, Councilmember Pittis moved to select the steel alternative and authorize design activities to proceed, based upon limited risk activities related to funding, based upon the fact that steel has a 19-week faster construction time and less impact to the businesses in the area, based upon the quality of the 75-year maintenance costs, and based on the life cycle costs of being less than concrete, as well as the fact that construction of a steel superstructure has less impact to the environment. The motion was seconded by Councilmember Braun and carried unanimously. Larry Leonard, who didnot state his address, referenced the letter sent by the City to the Clallam County PUD on the sale of water associated with no-protest annexation agreements; he expressed disapproval of the City's action. Ed Tuttle, 3909 Old Time Place, felt the City was not working cooperatively with other entities in the provision of sewer services to the eastern UGA. He responded to Councilmember Munro that he wanted sewer services, but not subject to annexation agreements. He felt the City, County, and PUD should pursue sewer extensions in that area. Paul Lamoureux, 602 Whidby, suggested that public input on individual Council agenda items would be appropriate. Mayor Headrick provided commentaries in response to Mr. Tuttle's input. Peter Ripley, who did not state his address, posed a question as to whether there was a public vote regarding no-protest annexation agreements. Manager Quinn responded he had been given a sense of direction from the Council on the matter. 1. Contract for Co-Composting Facility Improvements, Project 04-06: Director Cutler summarized the proposed contract with C&J Excavating for improvements to the co-composting facility. Councilmember Braun moved to award and authorize the Mayor to sign the contract for the Co-Composting Facility Improvements, Project 04-06, to C&J Excavating, Inc., of Carlsborg, Washington, in the amount of $98,661.30. The motion was seconded by Councilmember Rogers and carried unanimously. Amendment No. 6 to Consultant Agreement, Port Angeles International Gateway: Director Cutler presented information relative to the amended agreement with Merritt + Pardini for added architectural, engineering, and design services related to revisions and additions for the parking structure and Visitor's Center. Because the company name has changed, Councilmember Rogers inquired if the agreement should incorporate that change. Deputy Director Kenworthy responded that the name of Merritt + Pardini has been retained in the agreement language because of all the previous agreements, but the City could change the formal name if required to do so. Responding to Councilmember Pittis, he indicated the City does have a current Certificate of Insurance. Councilmember Braun moved to authorize the Mayor to sign Amendment No. 6 to the agreement with Merritt + Pardini to provide additional services for the parking structure and Visitor's Center building with the negotiated total added fee not to exceed $41,970.00. Councilmember Erickson -4- Amendment No. 6 to Consultant Agreement Port Angeles International Gateway (Cont'd) Break PUBLIC HEARINGS - OTHER: Comprehensive Plan Amendment - Cronin CITY COUNCIL MEETING June 14, 2004 seconded the motion, after which Councilmember Rogers sought clarification as to the responsibility for payment of the scope of services in the amended agreement. Manager Quinn indicated the City would be responsible for the majority of the costs, and funds had been set aside in the CFP. He assured the Council that the City would work with Transit on shared payment between the FTA and the City. Discussion followed on the matter of a funding shortfall for the parking, and Councilmember Rogers provided clarification as to potential funding that is being sought to assist in that regard. Manager Quinn provided a brief summary of other funding options the City can incorporate in the form of Councilmanic bonds, parking revenue, and the like. A vote was taken on the motion, which carried unanimously. Mayor Headrick recessed the meeting for a break at 7:10 p.m. The meeting reconvened at 7:28 p.m. 1. Comprehensive Plan Amendment- 04-01 - Cronin: At 7:28 p.m., Mayor Headrick continued the public hearing from the June 1,2004, City Council meeting. Community Development Director Collins reviewed information relative to the Cronin application for a Land Use Map change in a six-block area adjacent to Race Street between 4th and 7th Streets, as well as associated policy changes to support the map change. He explained that the policy changes would add "light commercial", which would create a conflict with current policy directions of preventing further strip commercial development in the City. The changes would also conflict with the facilitation of a crosstown truck route along Race Street and Lauridsen Boulevard. Accordingly, the Planning Commission had recommended denial. Director Collins indicated that the applicants had been unable to testify on the matter, and he had distributed copies of a communication from the Cronin's explaining they could not be present this evening and also explaining their intent for Commercial Zoning only for one lot in from Race Street, 4thto 7th Streets, not the full block as set forth in the application. He indicated the applicants wanted to redevelop homes into offices. Responding to an inquiry from Councilmember Rogers, Director Collins explained that the area in question was outside the imprecise margin area, thus necessitating a change to the Comp Plan as opposed to the Zoning Code. He further explained that this particular area was away from the commercial designation, and the entire area along Race Street would have to be redesignated since this property is at the corner of 5th & Race. To the north of 5th & Race, the designation becomes Public Buildings & Parks, and to the south, it is Medium Density Residential. Commercial doesn't start until the node at 8th Street. Lengthy discussion ensued concerning the areas outside the imprecise margin, and Director Collins explained that a prior conversion to Commercial resulted from changes to the Comprehensive Land Use Map. All other requests for Comprehensive Plan amendments and rezones to Commercial have been denied. Councilmember Pittis advised the Council that there were three to four areas that have some transition issues that will be addressed by the Planning Commission. He felt that, because of the timing of this issue and the Comp Plan in general, the Planning Commission had been unable to address those issues in order to incorporate them in this particular Comp Plan update. He felt there is an annual opportunity to update the Comp Plan, and he suggested this particular issue should be considered in the next update. With the use of an overhead map, Director Collins further described the designations in the vicinity of the requested change. Members of the Council noted the current businesses located on Race Street that were permitted outside the imprecise marginbased on prior Comp Plan changes. Lengthy discussion followed, and Director Collins further explained the City's longstanding policy discouraging strip commercial; however, Councilmember Munro felt most of Race appears to be commercial. Councilmember Pittis felt it was unfortunate that the applicants had actually requested 5335 -5- 5336 CITY COUNCIL MEETING June 14, 2004 PUBLIC HEARINGS - OTHER: (Cont'd) Comprehensive Plan Amendment - Cronin (Cont'd) Comprehensive Plan Amendment - City of Port Angeles Ordinance No. 3163 more than they really wanted, but he felt the matter deserved further study shouldthe Council choose to deny the application. Director Collins indicated the applicants would need to wait a year, and some changes to the City's policies on the truck route and strip commercial development would likely need to occur. Because there were other similar areas that could enter into this consideration at that time, Councilmember Pittis encouraged further review of the policies in order to address these types of transition issues. There being no public testimony, Mayor Headrick closed the public hearing at 8:00 p.m. Councilmember Williams moved to establish an imprecise margin from 8th Street to Front Street on both sides of Race Street and eliminate all on-street parking from Front to 8th Street. The motion died for lack of a second. C ouncilmember Pittis moved to concur with the recommendation of the Planning Commission and deny Comprehensive Plan Amendment 04-01, citing Findings 1 - 11 and Conclusions A - F, as set forth in Exhibit "A" which is attached to and becomes a part of these minutes and, further, that the matter of the Comprehensive Plan in this area be referred to the Planning Commission for future consideration. Councilmember Braun seconded the motion, which carried unanimously. The Council regretted that the applicants' efforts appeared to be doomed from the beginning, and it would have been helpful for the applicants to have been informed that approval would not likely be forthcoming. The suggestion was made that the application fee be reimbursed to the Cronin's. Director Collins advised the Council that the applicants had been so informed, and he felt they would be pleased that the matter had been referred to the Planning Commission. Councilmember Williams moved to refund the Cronin's application fee. The motion was seconded by Councilmember Rogers and carried unanimously. Comprehensive Plan Amendment - CPA 04-02: Sixty-eight Proposed Map and Policy Changes (Continued from dune 1 & 8, 2004): Councilmember Williams reiterated the fact that he had recused himself from this consideration but, if there were no objections, he would remain seated with the Council. There were no objections. Mayor Headrick reconvened the public hearing from the June 1 and June 8, 2004, City Council meetings. Director Collins indicated he had distributed copies of the SEPA Review earlier in the day, plus he advised the Council ora letter received today from Patricia Walker which was also distributed to the Council. Director Collins then reviewed in detail the Second Addendum to the 1993 Environmental Impact Statement for the 2004 Comprehensive Plan update, indicating the document satisfied the requirements of SEPA review. With the use of PowerPoint slides, Director Collins provided a summary of the various components of the Comprehensive Plan update. He advised the Council that the public process that was initiated resulted in changes and recommendations from the Planning Commission, the Citizen Advisory Committee and staff, Clallam County, State agencies, business and civic groups, and individual citizens. He noted that the Community and Economic Development Committeehad reviewed the Plan in detail, and Councilmember Pittis had submitted a list of suggested clarifications, additions, and changes, all of which Director Collins felt could be incorporated. Director Collins noted that public testimony and differences between various recommendations were focused on certain policy areas: 1) the Rayonier / closed industrial site redevelopment, 2) expansion of the Port Angeles Urban Growthareas, 3) extension of urban services outside the City limits, 4) inclusion of best available -6- Comprehensive Plan Amendment - City of Port Angeles (Cont'd) Ordinance No. 3163 CITY COUNCIL MEETING June 14, 2004 science references, 5) improvements for trails and sidewalks, and 6) relocations of low and medium density residential land use designations. He discussed the Rayonier site redevelopment, informing the Council that Rayonier had proposed a planned mixed use industrial development overlay zone that would allow for commercial and residential uses not currently permitted in industrial zones. The CED Committee recommended approving the mixed use industrial development language and a commercial land use designation only on the Rayonier property above the marine bluffwhere the water filter plant was located. The second issue related to the proposed expansion of the Urban Growth Areas. Director Collins summarized the City's previous request to expand the eastern PAUGA to include the Deer Park commercial area, as well as the Four Seasons and other suburban subdivisions in and along the east rim of Morse Creek Canyon. In this particular update, the City is recognizing that urbanization has continued to take place immediately outside the PAUGA along Highway 101 in the southwestern PAUGA. In addition, the Lower Elwha Klallam Tribe and other private development interests have expressed the need for the City to expand the southwestern PAUGA to provide urban services and to allow for the industrial designation of private lands. The CED Committee had recommended approval of the expanded southwestern PAUGA, to include the area between Edgewood Drive and Highway 101 west to Laird Road, and the State Route 112 junction with Highway 101. Also addressed in the update was the extension of urban services outside the City limits, and Director Collins informed the Council that the CED Committee had recommended approval of the policies encouraging extension of City services to the PAUGA with the same agreements for future annexation as have been required in the past for new urban development. On the matter of best available science, the CED had recommended approval of the policies with a notation that the State's source list is referenced as it is currently adopted and not necessarily as it may be amended in the future. Director Collins then discussed proposed policies regarding trail and sidewalk improvements,noting that most of the concerns relate to specific trail projects that may be put forward. The CED Committee recommended approval of the policies as presented. The next is sue had to do with relocation of low and medium density residential land use designations, primarily on the west side of the City and PAUGA. Director Collins noted the area under consideration for possible change, indicating the Planning Commission had not recommended any reduction in medium density residentially designated areas on the Land Use Map. The CED Committee recommended approval of the proposed changes and policies. Director Collins summarized other components of the update, to include beautification and streetscapes, transportation, annexation, subdivision and LID standards, downtown and tourism, harbor and airport plans, parks, utilities, as well as other areas, such as the transfer station, the Skate Park, and the eliminated covered arena objective. Mayor Headrick opened the floor for public comment. Patricia Walker, 1815 E. 3rd Street, who had submitted a letter to the City Council earlier, expanded on that letter by reading from a revised letter supporting a suggestion made earlier by the Mantooth's to maintain an open space corridor along Ennis Creek throughoutthe City limits. Ms. Walker found the suggestion to be extremely appealing to the community and users of the land, and she noted the potential for tourism because of such a designation. Ms. Walker addressed the effort throughout the world to encourage the creation of open space areas, and she spoke on the level of cleanup and 5337 -7- 5338 CITY COUNCIL MEETING June 14, 2004 Comprehensive Plan Amendment - City of Port Angeles (Cont'd) Ordinance No. 3163 time involved in the cleanup at the Rayonier site, feeling that such a designation should not appreciably extend the cleanup period. Whether or not the City were to designate the Rayonier site as commercial, Ms. Walker urged the Council to designate the Ennis Creek corridor as open space. Bruce Gagnon, a property owner in the Urban Growth Area, encouraged the City Council to pursue the expansion of industrial properties in the Urban Growth Area. He felt there was a real crisis in the County due to the lack of industrial property other than that presently owned by the Port. He inquired of Director Collins as to whether the area from Edgewood Drive to Highway 101 was intended for inclusion as industrial property. Director Collins explained the City had proposed the area for the UGA, but the County changed the zoning away from industrial. He indicated the City would like the area south of Highway 101 as industrial, and Mr. Gagnon urged the City to aggressivelypursue that goal. Discussion ensued as to the need for industrial property, as well as sewer infrastructure to support such development. Councilmember Munro shared information regarding a mill having difficulty locating available industrial land, and Councilmember Rogers indicated the EDC has asked the County to redesignate land as industrial. Larry Leonard provided his recollection of the establishment of the western UGA, and he then addressed the Rayonier cleanup, indicating that a zoning change to commercial or open space could put a "monkey wrench" in the cleanup efforts. Director Collins clarified the suggestion submitted by Rayonier, and Mayor Headrick clarified the City would not be changing the designation. Director Collins referenced a communication from DOE that, as long as the zoning is industrial, then the cleanup would proceed for industrial uses. Councilmember Pittis felt that an overlay provides the maximum amount of flexibility. Discussion ensued, and Councilmember Munro fek that Ms. Walker had a wonderful vision, but he explained the importance of not getting inthe way of the cleanup efforts, as there could be a significant setback in terms of completion. Councilmember Rogers inquired as to the zoning of the property west of Laird Road, which Director Collins indicated was residential. Councilmember Rogers felt the property would be an excellent candidate for industrial, to which Director Collins agreed. He indicated that any such changes in the UGA should occur at this time, as it would be unlikely that the County would revisit the UGA boundaries until 2011. Discussion also followed on the Rayonier designation and the goal of mixed use. Patricia Walker returned to the podium, indicating that it appeared that Rayonier was currently finishing the remedial investigation after which they would determine the level of cleanup. She felt that future uses would determine the level of cleanup required. Councilmember Munro advised Ms. Walker that changing course at this time would create problems. Ms. Walker spoke in support of restricted use, and Mayor Headrick pointed out that the City is attempting to provide a balance. Paul Lamoureux, 602 Whidby, suggested that the City extend the western UGA to the river north of Edgewood Drive. Director Collins indicated the City had considered that property for inclusion in the UGA, but it was the desire of the Port, FAA, and WSDOT Aviation to keep the area around the airport at a reduced density. Discussion ensued as to the mechanism for approval of the Urban Growth boundaries; Director Collins indicated the City and County must agree and boundaries are subject to the approval of the County. Larry Leonard returned to the podium, seeking clarification regarding the property to the west ofLairdRoad. Councilmember Williams provided the necessary clarification. There being no further public testimony, Mayor Headrick closed the public hearing at 9:10 p.m. Councilmember Pittis then reviewed in detail the list he had submitted with Comprehensive Plan Amendment - City of Port Angeles (Cont'd) Ordinance No. 3163 Break Continue 2004 - 2010 Transportation Improve- ment Program (TIP) & Capital Facilities Plan (CFP) CITY COUNCIL MEETING June 14, 2004 suggested changes, additions, clarifications, and the like. Councilmember Braun referenced packet Pages 140 and 213, where statements were made on the Urban Growth Area. In order to provide clarity for the reader of the document, he suggested "(UGA)" should be added to the language. Councilmember Rogers indicated the Community & Economic Development Committee had reviewed in depth the larger components. She spoke in support of incorporating all ofCouncilmember Pittis' input; the map change to the western UGA, to include the 80-acre property west of Laird Road; and Councilmember Braun's suggestion on the UGA language. Councilmember Munro addressed the issue of expanding the UGA and, given past difficulties, he wondered if the City should just leave the issue alone. Mayor Headrick indicated that the County felt the City was premature in again attempting to expand the UGA. The State has expressed similar feelings, indicating the City must follow some other process before expanding to the east. He supported Councilmember Munro's feelings in terms of public relations and, if the County wanted to allow more development at Deer Park, the City should consider appropriate action to deal with that development. Discussion ensued, with Director Collins providing the background of the eastern UGA. He reiterated there must be mutual agreement between the City and the County on the UGA. The Council deliberated the notion of leaving the eastern UGA boundary as is, and Councilmember Pittis felt the City would not want to be party to the continuing traffic impact at Deer Park and Highway 101 without measures for resolution. He agreed the previous request for expansion should bepulled back, and Councilmember Rogers pointed out the County had already denied the expanded boundary. Mayor Headrick inquired as to whether the Council was ready to take action. Councilmember Pittis indicated he was comfortable ~vith the Second Addendum to the 1993 Environmental Impact Statement as presented. At Mayor Headrick's request, Clerk Upton reviewed the amendments as identified by the Council. Councilmember Rogers moved to adopt Ordinance No. 3163 approving the Updated Comprehensive Plan to be attached to Ordinance No. 3163 and to include the incorporation of Councilmember Pittis' comments, a map addition of 80 acres west of Laird Road, the "(UGA)" addition on Pages 140 and 213, the exclusion of an expanded UGA boundary to Deer Park Road, and the acceptance of the Second Addendum to the 1993 Environmental Impact Statement, citing Findings 1 - 12 and Conclusions 1 - 6 as set forth in Exhibit "B", which is attached to and becomes a part of these minutes. Councilmember Eriekson seconded the motion, which carried 6 - 0, with Councilmember Williams having reeused himself. Councilmember Williams noted that, in view of the vote, any development to the east of Morse Creek must be objected to by the City. Mayor Headrick recessed the meeting for a break at 9:30 p.m. The meeting reconvened at 9:40 p.m. Continue on 2004 - 2010 Transportation Improvement Program (TIPJ & Capital Facilities Plan (CFP) : Director Cutler suggested that the Council invite public comment and then close the public hearing. The Community & Economic Development Committee, in its review of the Capital Facilities Plan, had requested more time to conduct further review. It is anticipated that the CED Committee will have recommendations prepared for the Council at its July 6th meeting. Director Cutler indicated the TIP must be approved July 6, and Councilmember Erickson indicated that the Finance Committee would also be reviewing the Capital Facilities Plan at its meeting of June 30. Councilmember Pittis, concerned about unknown factors in the future, was hopeful a full allocation of the CFP funds would not occur. He expressed the desire to retain some funding in 5339 -9- 534O CITY COUNCIL MEETING June 14, 2004 Continue 2004 - 2010 Transportation Improve- ment Program (TIP) & Capital Facilities Plan (CFP) (Cont'd) FINANCE: (Cont'd) Combined Sewer Overflow (CSO) Monitoring Contract with Geotivity Contract for Peabody Street Reconstruction Continue Meeting Beyond 10:00 p.m. Approval of Contract for Legal Services with Craig Knutson reserve. Discussion followed on the importance of leveraging as many dollars as possible for capital projects. Mayor Headrick continued the public hearing from the June 8, 2004, City Council meeting at 9:45 p.m. Paul Lamoureux, 602 Whidby, urged the Council to not just accept the priority list for capital projects as prepared by staff, but to give the matter a great deal of thought in setting the priorities. He liked the idea of having placeholders in the CFP. Parks Director Connelly directed the Council's attention to two letters submitted for the public record: a letter from Steve Charno, Kiwanis Foundation of Port Angeles, supporting the renovation and expansion of restroom facilities adjacent to the Dream Playground at Erickson Park, and a second letter from Mr. Charno, representing the Dream Playground Foundation, again expressing support for restroom facilities at Erickson Park. Mayor Headrick closed the public hearing at 9:55 p.m. and continued the matter of the Capital Facilities Plan and the Transportation Improvement Program to the July 6, 2004, City Council meeting. 3. Combined Sewer Overflow (CSO) Monitoring Contract with Geotivity: Director Cutler summarized the service contract with Geotivity, noting there are five CSO sites in the City. The City is required to continue monitoring those sites and, because the contract had expired, it is necessary to enter into a new agreement for the period, June 1, 2004 -May 31, 2005. Councilmember Pittis moved to authorize the Mayor to sign a service contract with Geotivity, Inc., for an amount not to exceed $40,000. The motion was seconded by Councilmember Erickson and carried unanimously. 4. Contract for Peabody Street Reconstruction, Project 03-15: Director Cutler reviewed the proposed contract for the reconstruction of Peabody Street, noting that the bid came in higher than the Engineer's Estimate. Some of the increase could likely be attributed to increased oil prices, as well as tighter specifications in the bid document. He informed the Council that the shortfall would be gained from funding allocated in the budget, as well as STP funds from the Department of Transportation. Following brief discussion, Councilmember Erickson moved to award and authorize the Mayor to sign the contract for the Peabody Street Reconstruction Phase I, Project 03-15, to Lakeside Industries of Port Angeles, Washington, in the amount of $398,759.50. The motion was seconded by Couneilmember Rogers and carried unanimously. Councilmember Braun moved to continue the City Council meeting beyond 10:00 p.m. Councilmember Rogers seconded the motion, which carried unanimously. 5. Approval of Contract for Legal Services with Craig Knutson: Manager Quinn reviewed the proposed contract with former City Attorney Craig Knutson, who will be assisting the City on such matters as the fluoride appeal, the Elwha Dam Memorandum of Understanding, and the Solid Waste RFP. He felt Mr. Knutson's assistance would prove to be valuable because of his involvement prior to retirement. Following brief discussion, Couneilmember Braun moved to authorize the Mayor to sign the contract for Legal Services with Craig Knutson. Councilmember Rogers seconded the motion. Paul Lamoureux, 602 Whidby, had asked the Council earlier if he could address this specific issue. He felt that the contract with Mr. Knutson was the result of poor planning, as the City should have garnered all the necessary information from Mr. - 10- Approval of Contract for Legal Services with Craig Knutson (Cont'd) CONSENT AGENDA: CITY COUNCIL COMMITTEE REPORTS: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Water Ordinance Revision Ordinance No. 3164 RESOLUTIONS: OTHER CONSIDERATIONS: PUBLIC HEARINGS - QUASI-JUDICIAL: INFORMATION: EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: CITY COUNCIL MEETING June 14, 2004 Knutsonprior to his departure in order to utilize the services of the new City Attorney. A vote was taken on the motion, which carried unanimously. Councilmember Braun moved to accept the Consent Agenda, to include: 1.) City Council Meeting Minutes of June 1 & 8, 2004, and 2.) Expenditure Approval List - June 4, 2004 - $650,102.41. The motion was seconded by Councilmember Pittis and carried unanimously. None. 5341 Water Ordinance Revision, Port Angeles Municipal Code (PAMC) 13.44: Director Cutler explained the need to revise the Ordinance on water rates, as the rates are currently based on the size of the service line, and the City changed from 3/4 inch to 1 inch standard service lines. Councilmember Erickson moved to adopt the Ordinance changing the Water Rates section of the Port Angeles Municipal Code, the title of which is as follows: ORDINANCE NO. 3164 AN ORDINANCE of the City of Port Angeles, Washington, revising water rates and amending Ordinance 3128 as amended and Chapter 13.44 of the Port Angeles Municipal Code. Councilmember Rogers seconded the motion, which carried unanimously. None. None. None. None. Based on input from Attorney Bloor, Mayor Headrick announced there was need for an Executive Session with one item subject to Subparagraph (i), RCW 42.30.110, to discuss with legal counsel representing the agency matters relating to potential litigation to which the agency is likely to become a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. The anticipated length was 8 minutes, with no action expected. The meeting adjourned to Executive Session at 10:24 p.m. The Executive Session concluded at 10:32 p.m., no action was taken, and the Council reconvened in regular open session. The meeting was adjourned at 10:32 p.m. Richard A. Headrick, Mayor B-~ky J. Upt~ City~lerk- "' /~ - --' -11- FINDINGS AND CONCLUSIONS FOR DENIAL OFCPA 04-01 - Cronin Findings: The 2004 Comprehensive Plan Amendment is proposed by a property owner, Douglas P. and Lynda Day Cronin, for a change in the land use designation from Medium Density Residential to Commercial in the area south of 4th Street and north of 7th Street between Francis and Washington Streets. The proposal encompasses a six block area. 2. The amendment was submitted in a timely manner prior to March 31, 2004. The proposed Comprehensive Plan Land Use Map amendment would decrease the medium density residential land available in the City by approximately 6 acres. The Comprehensive Plan discourages creating strip commercial development outside of the US 101 corridor and encourages cluster development. The Comprehensive Plan only allows commercial development in residential areas as neighborhood shopping areas and as long as it does not encourage traffic from outside the area or increase traffic congestion within residential neighborhoods. o The Comprehensive Plan identifies improvements to the Lauridsen Bridge to facilitate both a crosstown truck route and alternate local crosstown route, indicating that the Race Street corridor is considered as a portion of those future projects. Several previous analyses of the amount of the City's land uses have shown that there is a relative shortage of high and medium density residential to low density residential and commercial zoned areas. o A recent land use analysis in Port Angeles indicated there is 279 acres of high and medium density residential zoned land, 2,423 acres of low density residential zoned land and 333 acres of commercially zoned land. The Comprehensive Plan has been reviewed with respect to the proposed amendment, and the City's Comprehensive Plan Land Use Element Policy C.2, C.3, C.4, Goal E and Policies E.2, E.5, E.6, and E.8 and Transportation Element Goal B, Policy B.2, B.3, B.6, B.7, and Objective B. 1 were found to be the most relevant. 10. A Determination of NonSignificance was issued per WAC 197-11-355 on May 5, 2004. 11. No public comments to the proposal have been received. Conclusions: mo The proposal to change the Medium Density Residential (MDR) land use designation along the Race Street from 4th to 7th Streets and Francis to Washington Streets to Commercial (C) is inconsistent with the City's Comprehensive Plan Land Use Element Policies C.2-C.4, E.2, 5, 6, and 8, and Transportation Element B.3. Exhibit "A" 5342 Comprehensive Plan Amendment - Cronin Page 2 5343 Do The proposal was found to be inconsistent with policies which discourage creating a strip commercial character outside of the us 101 corridor and discourage uses that may reduce the viability of the Race Street/Lauridsen Boulevard corridor as an alternate crosstown route. Medium and high density housing should be located in areas of the community most suitable for such uses, based on existing services, public facilities, and transportation. In this case, medium density housing is a transitional use between the intense commercial area along First and Front Streets and the less intense commercial area at 8th and Race Street, and does not adversely impact the residential nature of the housing in the area. The proposal is in an area of existing park facilities and low to medium density residential structures. Comprehensive Plan Amendment CPA 04-01 by reducing medium density housing opportunities, increasing potential traffic impacts, and not supporting the City's chosen urban design patterns is not in the public interest. e Port .Angeles City Council at its meeting of June 14, 2004. Richard Headric~, Ma~or L B~cky J.' ~-~}on' ~ty Cl~rk,r-- - Exhibit "B" 5344 FINDINGS AND CONCLUSIONS IN SUPPORT OF APPROVAL OF CPA 04-02 - CITY OF PORT ANGELES: FINDINGS: o o o o 10. 11. 12. The City of Port Angeles adopted its present Comprehensive Plan on June 28, 1994, by Ordinance 2818 and has annually amended it since. The City of Port Angeles has established a process for amending the Comprehensive Plan by Ordinance 2858 and Chapter 18.04 of the Port Angeles Municipal Code. The City of Port Angeles undertook the required update to its Comprehensive Plan in a three phase process during the years 2002, 2003, and 2004. The City of Port Angeles received a Growth Management Act Grant to update its Comprehensive Plan by December 1, 2004, as required by the Growth Management Act (RCW 36.70A). The City of Port Angeles developed a public participation program to involve the citizens of Port Angeles in the planning process in compliance with the Growth Management Act (RCW 36.70A. 130(4)). The entire Comprehensive Plan was reviewed and analyzed to determine the need for revisions. The update to the Comprehensive Plan is based on review of ten years of growth data. The recent population projections produced by the Office of Financial Management have been reviewed in preparation of Comprehensive Plan update. The City of Port Angeles has circulated the proposed amendments to Clallam County and the State's Department of Community, Trade, and Economic Development. Comments from those agencies have been received and reviewed with regard to the proposed amendments. The Peninsula Regional Transportation Planning Organization reviewed the proposed amendments to the Port Angeles 2004 Comprehensive Plan and conditionally certified the draft 2004 Port Angeles Comprehensive Plan as consistent with the Regional Transportation Plan. As mandated by the State, the use of best available science is included into the Comprehensive Plan update. The SEPA review of the proposed amendments for the Port Angeles Comprehensive Plan was competed June 11, 2004, with the publishing of a second addendum to the 1993 Environmental Impact Statement. CONCLUSIONS: 1. The proposed amendments to the Comprehensive Plan are in compliance with the State's requirements for updating the Comprehensive Plan under the Growth Management Act. Comprehensive Plan Amendment - 2004 Page 2 5345 o o The updated Port Angeles 2004 Comprehensive Plan can be coordinated with the Clallam County 2004 Comprehensive Plan update which is in progress. The Comprehensive Plan update is consistent with the County-Wide Planning Policy. The 2004 Comprehensive Plan up-date fine tunes the Port Angeles Comprehensive Plan that is now ten years old. Opportunities for amending the Comprehensive Plan are available on an annual basis, until the next major update to the Comprehensive Plan is due in 2011. The 2004 amendments complete the State mandated update of the Comprehensive Plan. c~~~b~ An)~l,,es C~Coun~ at its meeting of June 14, 2004. eadri~k, M~yor Becky-J. Up~n~C~y Cle[k /'"---