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HomeMy WebLinkAboutMinutes 06/17/2002 4681 CITY COUNCIL MEETING Port Angeles, Washington June 17, 2002 CALL TO ORDER - Mayor Wiggins called the special meeting of the Port Angeles City Council to order at SPECIAL MEETING: 4:35 p.m. ROLL CALL: Members Present: Mayor Wiggins, Councilmembers Braun, Campbell, Erickson, Headrick, Rogers, and Williams. Members Absent: None. Staff present: Manager Quinn, Assistant Attorney Dickson, Clerk Upton, B. Collins, M. Connelly, G. Cutler, Y. Ziomkowski, G. Kenworthy, S. McLain, T. Smith, K. Dubuc, L. Haehnlen, L. Dunbar, and J. Young. Public Present: S. & M. Petersen, L. Lee, J. Platt, A. Bamard, A. Meyer, T. Price, and R. Terril. WORK SESSION: CapitalFacilities Plan/Transportation Improvement Program: Public Works & Utilities Director Cutler indicated there will be a public hearing this evening on the CFP / TIP. Capital Facilities Plan / After the TIP is approved, it will be sent to the State to enable the City to apply for grants Transportation and loans to help pay for projects. Because the last meeting did not include consideration Improvement Program of the elements of the Transportation Improvement Program, Director Cutler proceeded to review the projects on the TIP that are currently being worked on by the City. Discussion centered around the 2002 paving and chip seal program, and Deputy Director of Engineering Services Kenworthy itemized the streets scheduled for overlay. The Council had previously received a list of those projects included in the five-year program, and Deputy Director Kenworthy agreed to provide a list of those areas included in this year's program. Councilman Williams questioned the overlay of Third Street - Lincoln to Cherry, as that street is not an arterial. However, Deputy Director Kenworthy pointed out the street is actually used as an arterial, similar to all of the streets between First and Front Streets. This particular street has failed and has a great deal of traffic. In the ensuing discussion, it was agreed that the public hearing would be held before f'malizing the 2003 TIP, and Director Cutler indicated approval of the TIP does not necessarily mean the projects are approved for funding. Rather, the submission of the TIP no later than July 2nd allows the City to apply for funding. Manager Quinn clarified that line items on the overlay/chip seal category are not included in the TIP. Director Cutler continued in his review of the TIP projects, and discussion was held concerning the replacement of the 8th Street bridges. Councilmember Rogers emphasized her desire to have an exceptional design for the bridges, particularly because they can be seen from the waterfront and because they will be in existence for so many years to come. Director Cutler felt that the bridge funding can be somewhat flexible in terms of the aesthetics or special features desired, and Deputy Director Kenworthy cautioned that funding will not be forthcoming for what may be considered "frills". -1- 4682 CITY COUNCIL MEETING June 17, 2002 WORK SESSION: Consideration was then directed to the Ennis Street Slide Repair project, and Mayor (Cont'd) Wiggins suggested this project be placed on hold until the time a determination is made as to the future usage of the Rayonier property. Director Cutler agreed the project should Capital Facilities Plan/ be held in abeyance. In addition, the Council discussed the ADA curb ramps and Transportation chirpers, expressing the desire to have the project more visible. The Council asked that Improvement Program work in this area also occur in 2003. Attention was directed to the matter of bike racks, (Cont'd) and consideration was given to the placement of racks in the downtown area. Director Cutler has been awaiting input from the downtown businesses, and Mayor Wiggins suggested the City proceed with the location selection and placement of the racks, particularly because this is the beginning of the tourist season. The Council expressed the desire to have this project continue into 2003 as well. Director Cutler felt it would be beneficial to review the governmental fund projects, so discussion was held regarding the Laurel Street stairs, the Gateway sign, and City Pier / Hollywood Beach renovation. Other projects in the CFP were reviewed and discussed, with staff responding to Council's questions on a variety of projects, such as corrosion control, having a placeholder for the sidewalk over the underground portion, fiber optics, and the waterfront promenade. Councilmember Rogers felt it was somewhat difficult to fully understand the projects, funding options, O & M, and the like. She requested that a comprehensive matrix be prepared that would enable the Council to better understand the overall ramifications of the CFP. Director Curler indicated two projects are in need of Council direction, one being the need for an additional $100,000 for the Carnegie Library, a matter that will be brought back to the Council when ready for award, and the other being a need of the Parks & Recreation Department for a $10,000 irrigation system for the new trees to be planted on Front Street. Discussion was then held regarding the need for an alternate route for track traffic, and Deputy Director Kenworthy informed the Council of the City's intention to develop the White's Creek Crossing. This project has been offset somewhat because of the need to replace the 8~ Street bridges. Once the bridges are complete, then attention can tum to the alternate route, which would also include Lauridsen Boulevard and the Lincoln/Lauridsen interchange. Manager Qumn informed the Council of issues needing a determination, such as an expansion of City property to the School Administration building, a skate park facility in view of the upcoming Teen Scene closure, and whether the Council would like to set funds aside for community projects. After brief discussion, it was agreed there should be a placeholder on the CFP for a skate park, as well as the waterfront promenade. In addition, the Mayor acknowledged the need for a decision regarding the street tree watering; he stated the matter would be addressed during the regular meeting to follow. ADJOURN SPECIAL The special meeting was adjourned at 5:50 p.m. MEETING: CALL TO ORDER - Mayor Wiggins called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 6:05 p.m. PLEDGE OF The Pledge of Allegiance was led by Public Works & Utilities Director Cutler. ALLEGIANCE: PUBLIC CEREMONIES, Rotary Recognition - East Entrance to City Beautification Program: Mayor Wiggins PRESENTATIONS AND began by reading a certificate of appreciation to the Port Angeles Rotary for the civic PROCLAMATIONS: pride, leadership coordination, and creativity displayed by the Rotary Welcome Garden Project. Allan Bentley accepted on behalf of the Rotary Club, with certificates also being Rotary Recognition presented to Steve Stratton, Mike Donaho, and Andrew May. CITY COUNCIL MEETING 4683 June 17, 2002 Jettin' the Straits Jettin' the Straits Recognition: Bob & Jan Harbick, 1006 S. Lincoln St., presented Recognition trophies of endurance to Police Officers, County Officers, Firemen, and State Patrol personnel who participated in the jet ski races. Mr. Alan Bamhard thanked all those who participated to raise money for the Living Monument at the Francis Street location which recognizes the contributions of public safety personnel in Clallam County. Awards were given to: Duane Benedict, Mike Hall, Lena Washke, Kevin Denton, Kelly Ziegler, Kevin Peterson, Mi~e Derousie, JeffBoyd, Mary Ruprecht, Aaron Hayes, some of whom were present. Trophies were also given for the Celebrity Challenge to Bob Stepp, Kristi Agren, Tony Griffith, Mike Chapman, Susie Court, Bill Koenig, Jr., Glenn Wiggins, Lou Haehnlen, Derrick Menniken, Roger Hamack, and Russ Veenema. Mayor Wiggins. commended the efforts of all involved in organizing the event. Multi-Cultural Mayor Wiggins read the proclamation regarding Diversity and Civil Rights which had Proclamation previously been adopted by the Council. LATE ITEMS TO BE Mayor Wiggins added the issue of watering the street trees as Agenda Item J.3. PLACED ON THIS OR FUTURE AGENDAS: FINANCE: Institutional Network Implementation Consulting Contract Amendment: Public Works & Utilities Director Cutler introduced Larry Dunbar, Power Resource Manager, who Institutional Network made a power-point presentation on the Institutional Network Project / Proposed Implementation Consulting Consulting Services. Beginning with a summary, Mr. Dunbar reviewed the adoption of Contract Amendment the franchise and the community telecommunications progress and briefly reviewed the I-Net construction service, including the cable operator plans and specifications review, construction phase engineering, fiber testing observation, and the inspection and acceptance. Noting the approval of the Utility Advisory Committee, Mr. Dunbar explained the fast-track plans for network activation which covered the short-term lease of Northland Cable dark fiber, use of I-Net nodes, local service provider activation, network equipment technology, non-exclusive rights to preserve competition for future use of fibers, interconnection to PUD & other networks, and user involvement; the proposed site drops were also reviewed. Items that require action are fiber leases, I-Net mode plan approval and advance payment, I-Net service, User involvement agreements, and provider Master Permit and PUD right-of-way license amendments. Tentative schedules were then reviewed, as well as anticipated time and materials involved. Following supporting statements for Metropolitan Communications Consultants, Mr. Dunbar briefed Councilmembers on amendments and/or agreements which will be forthcoming at the next few Council meetings. Councilmember Rogers referenced the interest of the Unysis Corporation for the portal project, her personal involvement with Quest Corporation regarding the infrastructure for the City, as well as with other companies that have shown an interest in providing services to the City. She noted MCC spending of over $200,000 and expressed concern about what the City has spent to date and what that money has purchased. The relationship with the private sector and MCC, in her words, was not always a positive one, stating that further investment in the priyate sector suppliers was compromised because the City was being driven by being a full-fiber funded project by the City. She would have never supported the City paying the whole bill, believing that the private sector is leveraged and brought to the table. The City did that by sharing the data and the enable project. Councilmember Rogers expressed the opinion that Northland Cable would not launch a system that does not work, and the ISPs would not provide a cable modem service that doesn't work. She felt that staff has been credible in establishing a management oversight team, and that MCC oversight work is not needed; the money should be used for incentives for local businesses. Director Cutler responded to these concerns by summarizing the City's accomplishments thus far by virtue of MCC's assistance, such as a public survey, business plan, and negotiations with Northland Cable -3- 4684' CITY COUNCIL MEETING June 17, 2002 FINANCE: for over one- and one-half years. Mr. Dunbar added that they have also assisted staff with (Cont'd) the Telecommunications Ordinance: Institutional Network Mayor Wiggins inquired about the $45,000 being asked for this evening, and Mr. Implementation Consulting Dunbar stated that this sum includes two components: 1) support services and support Contract Amendment of the institutional project over the next eighteen months, and 2) time and material (Cont'd) services for the fast-track planned over the next six months. Responding to Mayor Wiggins' inquiry of how staff will proceed, Director Cutler answered that they would be challenged to see that MCC had an acceptable system for the I-Net for the institutional users. He repeated an analogy used at the UAC meeting regarding expertise and a matter of workload and specialized things about which staff does not have the expertise, so consultants are used selectively. In this case, in order to move forward, additional expertise is needed. Currently, the City is using only two fibers on our I-Net, and a comfort level must be reached for the community and other institutions. Councilman Williams asked if this particular expertise is available in the private sector, to which Director Cutler responded that staff has started the process with MCC and feels it is appropriate to continue with them as the City has with its other consultants. Some items could be extracted, but continuity is a larger issue. His recommendation is to continue with the company with whom the City began the process. Councilman Williams expressed reticence with MCC, as he felt some accomplishments have been realized, but the product in hand for the amount of dollars expended is not in equitable proportion. Councilmember Erickson also expressed reluctance in approving the contract amendment, as she was concerned about the legal aspects and the quality of their expertise. Councilman Campbell expressed respect for Councilmember Rogers' views, yet, in reflecting back to the beginning of this project, he mentioned the providers in broad band network who stated that the City was 5-10 years away from anything that remotely resembled a network. The Council wisely entered into an agreement with PUD for a feasibility study for a Peninsula-based network and retained MCC to assist in that study. What has resulted is that the City has spent very little in the capital facilities area, and this situation is based on the franchise that is held with Northland Cable, a well- thought out and constructed document, and it will entail additional agreements that must fit with the City's Ordinances that the Council has put in place. In his estimate, Councilman Campbell felt that all the work accomplished so far is of very good quality, from both the staff and the consultant, and so, in order to move the 1-Net along quickly, decisions must be made now. A change in consultants would result in an expense far more than the $45,000 at issue. This is an excellent opportunity to get the network in place before the 2004 deadline, and, therefore, Councilman Campbell pleaded with the Council to accept that MCC may not be the contractor they would hire next, but it would be a serious mistake to disengage them at this point. He added that the project should move forward to completion and have the I-Net put into service within the next six or eight months. Mayor Wiggins felt that the timing involved is the most important issue, and he asked for further staffinput on this issue. Director Cutler repeated the existence of a timetable for the I-Net and that the City has been directed to get it working sooner than originally anticipated. In his opinion, the City needs additional expertise to help manage this process and go forward. Mr. Dunbar added that MCC offers services in installation that the City does not possess and that past deadlines could not have been met and future deadlines will not be met without MCC. He reiterated that the UAC's directives have been to accomplish this as soon as possible. Following further discussion, Councilman Campbell moved to approve the amendment to the professional services agreement with Metropolitan Communications Consultants in an amount not to exceed $45,000.00 and to authorize the Mayor to sign the amendment. Councilmember Erickson seconded the motion, which passed 4-2 with Councilmembers Headrick and Rogers voting against the motion. Councilman Williams asked for regular status reports on the progress of the I-Net project. -4- CITY COUNCIL MEETING 4685 June 17, 2002 PUBLIC HEARINGS - 1. Comprehensive Plan Amendments - CPA 02-01: Community Development Director OTHER: Collins reviewed the packet contents relative to the proposed amendments to the Comprehensive Plan; staff is recommending twenty new policies and objectives. Comprehensive Plan Director Collins noted that six written comments were submitted to the City, so the Amendments - CPA 02-01 language in Finding #15 needs to be updated. He distributed to the Council a copy of a Ordinance No. 3118 letter just submitted by Ms. Thelma Hetrick. Director Collins called the Council's attention to Page 72 and Exhibit A relative to the extension of the commercial area on Marine Drive. The Port was concerned that there was a migration of the commercial area to the west and they did not want it to go north of Marine Drive, so the west part of the map is now at or below Marine Drive. In addition, because of the comments received and the deferment of the Rayonier Mill land use designation, City staff determined that it would be useful to leave the east side of the map as it is now and revisit the zoning designation in another year. The commercial area of downtown does not go to the east of Peabody Street. Director Collins advised the Council that staffhad agreed with the Planning Commission to adopt Commercial Objective F4 as revised. However, Capital Facilities Element Objective A4, the study of the development of a seasonal or permanent ice skating rink, continues to receive staff support, although the matter was not put forward by the Planning Commission. Referencing the comments from the County Planning Director, Director Collins stated that the County supported the Comprehensive Plan changes. However, regarding the size of billboards, the City standard would set a limit of 600 sq. ft., a 20 x 30 ft. billboard, whereas the County limitation is 128 sq. ft. Referring to the Port comments on Page 128, staff successfully addressed their point on not encroaching in the industrial area north of Marine Drive with the map change; regarding their recommendation to include some reference to deteriorating structures that are held for future mitigation, the City's approach is to develop a mitigation bank rather than modify the proposed policy; with regard to the development of a golf course, the Planning Commission removed the words about the "Port." Comments from others dealt mainly with land use changes, from industrial to commercial, which the City has not put forward at this time along Victoria Street east of downtown or on the Rayonier Mill site. Councilmember Erickson referenced Open Space Objective J(2) on the matter of covered areas or wind screens to allow greater use of outdoor facilities and public spaces during inclement weather. She suggested this item should be removed, and Director Collins indicated the issue was brought forward by the Chamber of Commerce and Port Angeles Downtown Association. Councilman Braun asked for further information on Item No. 7, Page 99, regarding telecommunication service; Director Collins explained this was adopted in 1994 as a level of service standard for any new development in the City. With the Ennis Creek subdivision, for example, the developer would provide these services at that level or higher. Councilmember Erickson, referring to Objective A(5), Page 73, asked why this was included. Director Collins answered that this will convey to the National Marine Fisheries that the City is within the preservation guidelines. Councilmember Rogers asked that the Sign Code change be reviewed again. Director Collins responded that the change is a Municipal Code issue, so it is not in the Comp Plan amendments. Councilman Williams, referring to Councilmember Erickson's earlier question on the wind screens, asked if this was a joint recommendation by both the PADA and the Chamber of Commerce. Director Collins referred Councilman Williams to the appropriate packet information for reference purposes. Councilman Headrick inquired about the rezoning of the Austin/Glaubert property to commercial from light industrial. Director Collins explained that the original reasoning for the expansion east and west was to reflect changes in land use; on the west side it was reflecting more existing land use; on the east side, it was looking at changes along the Waterfront Trail to Rayonier that were moving to a more commercial designation. The recommendation is to leave the designations east of downtown as is for the time being. -5- 4686 CITY COUNCIL MEETING June 17, 2002 PUBLIC HEARINGS - Mayor Wiggins opened the public hearing at 7:40 p.m. OTHER: (Cont'd) Andy Meyer, Planning Director for Clallam County, referring to his letter of June 3fa, reaffu-med the County's support for the Comp Plan amendments outlined in the Comprehensive Plan materials, as many of these issues are of mutual interest between the City and County for Amendments - CPA 02-01 enhancing economic development opportunities, clarifying shoreline, harbor, and land Ordinance No. 3118 use planning issues, and enhancing transportation and capital facilities planning. (Cont'd) There being no further testimony, Mayor Wiggins closed the public hearing at 7:42 p.m. Mayor Wiggins read the Ordinance by title, entitled ORDINANCE NO. 3118 AN ORDINANCE of the City of Port Angeles, Washington, amending Ordinance 2818 as amended and the Comprehensive Plan by adding new policies and objectives to the Land Use Element, the Transportation Element, the Conservation Element, and the Capital Facilities Element to support specific land use decisions, particularly in the Harbor Planning Area, and by making two Land Use Map changes along the harbor shoreline and in the Port Angeles downtown area. Couneilmember Eriekson moved to adopt the Ordinance as read by title with the removal of Objective (J)2, Page 85, Section 5, Open Space Goals, Policies and Objectives. The motion was seconded by Councilman Campbell and carried by a majority vote, with Couneilmembers Rogers and Williams voting in opposition. Mayor Wiggins noted the Findings and Conclusions had not been cited, so Councilmembers Erickson and Campbell agreed to include in the motion the citation of Findings 1 - 17, with Finding #15 being revised, and Conclusions 1 - 7, as set forth in Exhibit "A' which is attached to and becomes a part of these minutes. Capital Facilities Plan / 2. Capital Facilities Plan / Transportation Improvement Program: Director Cutler Transportation reiterated the requirement to review the Capital Facilities Plan on an annual basis. Improvement Program Further, it is necessary to adopt the Transportation Improvement Program for submission to the State no later than July 2, 2002, in order to qualify the City for State and Federal funds. Mayor Wiggins opened the public hearing at 7:45 p.m. There was no public testimony offered, and per the request from Director Cutler, the Council agreed by consensus to continue the public hearing to July 2, 2002. Municipal Code 3. Municipal Code Amendments Ol-02B: Director Collins summarized the work of the Amendments 01-02B Citizen Code Advisory Committee in recommending changes to the Municipal Code to make it easier for the public to work with and understand. He briefly reviewed some of the proposed changes and asked that the public hearing be continued to the July 16th Council meeting. Mayor Wiggins opened the public hearing at 7:50 p.m. Richard Terril, 548 Old Olympic Highway, commenting on the 600 sq. fl. billboards, felt the size was ludicrous and that the City should eliminate any more billboards. Other states have disallowed all billboards, and since this seems to be a progressive move, the City should follow suit. He added that all the billboard companies are from out of state and that allowing them is regressive. Andy Meyer returned to the podium and voiced the County's support of Clarifying existing development regulations through simplification of Ordinance language. He referenced the signage issue regarding off-premise signage in the Commercial Arterial zone, which is the zone the City has said would be proposed to cover the Highway 101 corridor east through the UGA to the current exterior of the limits of the UGA through -6- CITY COUNCIL MEETING 4687 June 17, 2002 Municipal Code the current County area. The County's concern is what the potential might be if this Amendments 01-02B amendment becomes a change in the CA zone and the UGA if it becomes part of the (Cont'd) City. Mr. Meyer stated the concern is for the size of billboards as proposed in relation to the current County standard. Offpremise signage has been an issue for the County for the past two years and, given the scenic designation of most of Highway 101 through most of the County and the potential designation for Highway 112, how to handle signage in these corridors to be less intrusive and more appealing for tourism and economic development is still an open discussion. Referring to the County's letter of June 3rd, the County is specifically concerned with the CA zone standards that would allow up to 600 sq. ft. and up to 35 ft. in height for off-premise signage or billboards. The current County standards are 128 sq. ft., a maximum of 15 fl. in height. One alternative is to look at a different standard for the CA zone as it is extended into the UGA and reexamine the standard, or to look at modifying the standard until it comes closer to the current County standard. Mr. Meyer shared with the Council some pictorial images of specific sites in the County, providing a visual representation of current signs. He noted the signs out of compliance must be reduced in size and scale. Peter Ripley, Port Angeles Journal, spoke as an advocate for business and added that reducing billboards kills business. Doing away with signs is a bad idea. There being no further public testimony, Mayor Wiggins continued the public hearing to the July 16t~ Council meeting. Break Mayor Wiggins recessed the meeting at 8:05 p.m. The meeting reconvened at 8:25 p.m. CONSENT AGENDA: Councilmember Erickson stated that she would not be voting on the minutes as she was not present at that meeting. Councilman Braun moved to accept the Consent Agenda to include: 1) City Council Minutes - Regular Meeting of June 4, 2002; 2) Check Register - June 11, 2002 - $663,529.60; 3) Electronic Payments - June 7, 2002 - $149,998.27; 4) Payroll Information - June 9, 2002 - $460,753.41; 5) Award contracts for Composting Control and Aeration System Equipment (Project No. 22-12), Port · Angeles Landfill Co-composting Facility Improvements (Project No. 22-14), and Reallocate Funds; 6) Final Acceptance S&B Installation of SCADA; 7) Award Contract for Rayonier Mill Trail Improvements; and 8) Amendment to Lease Agreement with Puget Sound Pilots. Councilmember Erickson seconded the motion. Following abrief discussion, the motion carried unanimously, with Councilmember Erickson abstaining due to absence from the ~lune 4, 2002, Council meeting. CITY COUNCIL Councilman Braun referenced the monthly report from the Police Department, noting the COMMITTEE award for volunteers. Police ChiefRiepe further explained the volunteer program and REPORTS: pointed out the work done by Leland Lee, presenting him with a gold badge for the work and support he has given. Mr. Lee thanked Chief Riepe, Councilman Braun, and the Council for the gift, adding that this is a nice gesture for the volunteers. Councilmember Rogers and others worked pro bono on Vern Elkhart's property at 116 West 8~ Street in an effort to update a 1900s building. Councilmembers Williams and Campbell also attended the opening. She mentioned an email from the Government Affairs Vice President for Magna Drive in Washington, D.C. regarding adjustable speed drive versus variable frequency drive motors. This document mentions Daishowa and Port Angeles. The article was not an endorsement of the company, just of the technology. Councilman Williams attended the Hood Canal Bridge tour on June 7th and also a presentation by the bridge Deputy Directors. Councilman Campbell attended the Olympic Air Pollution Control Authority Board meeting; the agency is changing its name to Olympic Region Clean Air Agency -7- 4688 CITY COUNCIL MEETING June 17, 2002 CITY COUNCIL (ORCAA). The agency is also moving to a new building, is looking to generate about COMMITTEE $400,000 in revenue, and adopted a new rate schedule for air emissions which will result REPORTS: (Cont'd) in emission rate increases for Daishowa and K-Ply of about 20%. Mr. Campbell stated that this was poor timing. Mayor Wiggins mentioned former Mayor Rick Mystrom from Anchorage, Alaska, who presented information on the Bridge Builders Program at the Multi-Cultural Task Force meeting. In the Mayor's point of view, this program is a positive approach to the problem of racism and bigotry. ORI)INANCES NOT None. REQUIRING PUBLIC HEARINGS: RESOLUTIONS: None. OTHER 1. Mantooth Annexation Request: Director Collins gave abriefsummary of the proposal CONSIDERATIONS: and recommendation. Mantooth Annexation James Mantooth, 2238 East Lindberg Road, requested this annexation because he and Request his wife would like to be more active in the politics of the City. Councilmember Rogers asked if there was a September election ballot for this year so that this would be an item on the ballot. Because there are only two voters, Mr. & Mrs. Mantooth, a ballot item might nOt be necessary. Councilman Braun requested that the Council be shown a map of the property in question, and he requested more specific information as to the anticipated cost of the election. More information will be forthcoming at the July 2, 2002, meeting. Petersen Short Plat Appeal 2. Petersen Short Plat Appeal: Pointing to the revised Finding and Conclusions distributed earlier in the meeting, Director Collins stated there is an added reference to PAMC Sections 13.61.070 and 13.61.090 to Finding No. 3 and Conclusion No. 1 and that the decision on the short plat made April 4t~ based on Scott Johns' staff report of March 19~ was also distributed. He mentioned that this is not a public hearing but an appeal hearing on a quasi-judicial matter,, which allows only for the appellants and their witnesses to speak or the City and its witnesses to speak. Mr. & Mrs. Petersen wish to short plat their property but are running into cost considerations for the improvements which have been required since 1995 for new land divisions within the City. Steve & Madonna Petersen, 31 Josephine, Sequim, addressed three issues they felt to be unreasonable and excessive: 3B, the dedicated 16th Street right-of-way with improvement of curb, gutter, and paving; 3C, the connection to the sanitary sewer; and 3D, the dedication of 35 linear feet along the Evan Street frontage, a new dedication of a right- of-way which goes into wetlands. Mr. petersen presented pictures of the area mentioned in 3B; Mrs. Petersen approached the dias with photographs showing the existing developments. Councilmembers reviewed the photos and asked questions pertaining to the specifics of the appeal. Mr. Petersen stated that there is no sewer within a two-block area. The closest sewer line is 540 ft. to reach his property line. With the amount of fall from their elevation to the easterly end of their property, there is only an elevation difference of 3.66 ft., dividing the lineal footage into the elevation gives a 00.38 or 00.41; with few people on this line, the amount of water used may not be enough to keep the sewer flowing in the line. Pumping the property is a viable solution, according to Deputy Director Kenworthy, if the cost of a sewer and extending it exceeds the cost of doing the septic system. Regarding the curb/gutter matter, it would only be required if there were curbs and gutters adjacent to it and approved to standard; the minimum standard for a short subdivision is a 20 ft. asphalt road from the nearest fully-improved street, so the Petersen's would have to have a 20 ft. road to the nearest asphalt street, not CITY COUNCIL MEETING 4689 June 17, 2002 Petersen Short Plat Appeal curb and gutter. The intent of the subdivision requirements is to have a paved road to it. (Cont'd) On the existing roadway from"N" Street, Mr. Petersen has measured 585 feet to Owens; the exiting roadway width varies from 17 to 20 feet and is of an asphalt-type material, a chip seal. The Fire Department may be concerned about a road less than 20 feet. Mr. Petersen will have more frontage improvements than his existing roadway. Aesthetically, it will not fie into anything; it is a minimal standard-type roadway. Mr. Petersen stated that he will be willing to do the full 20 ft. improvement in the rock section. Regarding the 35 ft. easement on Evans, Mrs. Petersen stated that this area on her property contains wetlands according to the City, who has instructed them to put up a 50 ft. barrier/delineation around the wetland area, yet the City is requesting 35 ft. to put a road through the wetland, or dedication of right-of-way. If the right-of-way were to be put in, it would narrow the lots down to 71 ½ ft. by 317 ft., just minimal standards for the type of housing recommended. Design and setting could be unappealing. Mr. Petersen would be willing to downsize from 4 to 3 lots to gain. an acceptable lot size and in turn dedicate the 35 ft. right-of-way to the City. He would also like to see the wetland preserved. In answer to a questior~ regarding s°il analysis, Mr. Petersen said that three of the septic systems would be gravity flow and the fourth would be a mound system, but by deleting the one parcel, it would be the three gravity-flow types. Mr. Petersen also added, regarding the sewer, there will be additional costs due to the elevation on the exiting roadway. His lots slope away from the roadway frontage at a 2-3% slope, so he would actually have negative fall from the lots to the sewer main. Options for this would be a fluid system or a grinding pump, but this would incur more cost. The cost for a fluid system and a septic box and pump would be twice the cost of a conventional septic. Councilman Campbell asked if Mr. Petersen's development would result in three or four high-end lots and, if so, would they be sites that contained some high-value homes. With trailer homes across the street and with other homes in the area, Mr. Petersen estimated that homes on his property would be in the $100,000 range. The wetlands take up a good part of the property, and he hoped to keep his lots a certain size to try to preserve the wetland and maintain the delineation from wetlands. Part of the property is really not fully usable; just the frontage on the north side. Councilman Campbell inquired what the Petersens envision five years down the road. Mrs. Petersen responded they envisioned single-family homes with a value of $130,000. Because the trailer park is across the street and the single-family homes extant on the west side of the property are not higher- end houses, they would like to stay consistent with what already is in the area. In answer to Councilman Campbell's question about how streets and sewer lines get put in down the road, Mrs. Petersen stated that their parcel on 16t~ Street is about the only one that is not developed and that she did not know the answer to his question. Mr. Petersen added that if there were existing infrastructure closer to the project, this would be a much easier project to do, but financially, with the costs of the sewer and pumping, as well as adding curb, gutter, sidewalk and paving, this project will exceed about twice the amount of what the land is worth at its current appraised value. The reason for this, Councilman Campbell explained, there is no infrastructure there now and, if improved, it would raise the assessed value of the property from $35,000 to $105,000 spread over the four lots, that this didn't seem to be terribly unreasonable. Mr. Petersen responded that the costs only include the sewer and frontage improvements. Mrs. Petersen added that at the time they submitted their application for the short platting, the City employees found an area in the Code that would, exempt the Petersen's from going with the sewer and recommended that they have the soil tested and the septic design during the time that the City was viewing the short plat; they followed the recommendations and now do not understand why they now have to put in a sewer system. To date, the Petersen's have invested over $1,600.00. -9- 4690 CITY COUNCIL MEETING June 17, 2002 Petersen Short Plat Appeal Director Collins responded that the City's view on the first issue of the improvements to (Cont'd) 16th Street would be reasonably consistent with what Mr. Petersen has stated. He expressed the opinion that the City is in error about the curb and gutter and that the only requirement would be a paving of 20 feet of asphalt to "N" Street and would include a 3 ft. and a 6 ft. graveled shoulder. On the issue of the sanitary sewer, stated Director Collins, Mrs. Petersen is correct; the City erroneously advised them that they could get a septic exception for this property because of the distance and the cost but, after review of the Ordinances, it was discovered that it would only be applicable to existing lots prior to January 1, 1995, or existing septic systems that needed to be re-done. For a new short plat or a new subdivision of any kind, that exception wasn't allowed. The City has informed the Petersen's of the claim provision. On the matter of the right-of-way dedication along Evans, this is a multi-family-zoned property; once three or more lots are platted, it does not necessarily have to be developed as single-family. So, it's possible that in the future there will be more development. The surrounding undeveloped property is expected to be developed and would require more rights-of way. A subdivision is the only occurrence when issues of street improvements and dedication and utility improvements are normally put in place. The City is not asking that the right- . of-way on Evans be improved at this time, since the frontage of the lots on 16~' would provide for that access. According to Director Collins, the main issue then is really the sanitary requirement. He indicated that, if the Council were to direct the staffto change those conditions, staff would bring back new Findings and Conclusions to the next meeting. Until development on the east side of Evans and on the south side of the Petersen property is put forward, it is not known what will happen with Evans Street. At this point, therefore, the City would need to obtain the right-of-way. There is also the possibility that what the Petersen's refer to as wetland could be delineated as drainage. Councilman Williams referred to PAMC 13.61, Page 13-81, and the January 1, 1995, date regarding dividing property after this date requires a sanitary sewer. And because of this date, he saw no reason not to deny the appeal. Councilman Headrick inquired if the Council could accept the street as an expense and not require the curb and the pavement and would the developers have the opportunity to recoup some of their costs from parties to the west that may be required to hook up to the sewer line. Director Collins responded in the affirmative; if the septic systems in the trailer park were failing, they might take advantage of the sewer system. They would have to reimburse the developer, or in this case, the Petersens. Mr. Petersen stated that if the sewer system failed in the trailer park, there would be an elevation problem as the park is lower than the sewer line. The appeal hearing was closed. Councilman Campbell felt it advisable to determine the precise conditions that would apply to this short plat, and Director Collins responded that the precise requirement would be 20 feet of pavement back to a fully-improved street which would also include some graveled shoulders on either side of the pavement. Curb and gutter are required on arterial streets which are asphalt, not chip seal. After further deliberation, Councilman I-Ieadriek moved to deny the appeal, with the exception of Item B relative to street paving. The motion died for lack of a second. Councilmember Rogers stated she would like to see a proactive approach for street requirements so that an LID would be attractive to the residents. Manager Quinn suggested that, since Deputy Director Kenworthy did not have an opportunity to review this appeal, once that was done the matter would be returned to Council with an attitude that the City would try to make this work. One idea would be to create demand for development. Councilman Braun moved to defer the matter to staff to look at the three issues involved. Councilman Williams seconded the motion. Following further discussion, the motion passed unanimously. - 10- CITY COUNCIL MEETING 4691 June 17, 2002 Street Tree Watering 3. Street Tree Watering: Councilmember Erickson moved to give the Parks Department $10,000 to cover the cost of an irrigation system for the new trees. Councilman Braun seconded the motion, which passed unanimously. PUBLIC HEARINGS - None. QUASI-JUDICIAL: INFORMATION: Manager Quinn noted the Annual Recycling Report on Page 240 of the Council Packet. Break Mayor Wiggins recessed the meeting for a break at 10:00 p.m. The meeting reconvened at 10:12 p.m. EXECUTIVE SESSION: The meeting was adjourned to Executive Session at 10:12 p.m. to discuss real estate for 40-45 minutes. RETURN TO OPEN The meeting returned to Open Session at 11:10 p.m. SESSION: ADJOURNMENT: The meeting was adjourned at 11:10 p.m. Becky J. Upt~ler~ -- I- -11- Exhibit "A" 4692 FINDINGS AND CONCLUSIONS IN SUPPORT OF 2002 COMPREHENSIVE PLAN AMENDMENTS - CPA 02-01: FINDINGS: 1. Thc State Legislature mandated that cities and counties subject to the Growth Management Act complete a comprehensive review of the Comprehensive Plan by September 2002 and in thc Spring 2002 changed thc deadline for this update to 2004 for the City of Port Angeles. 2. The City started its comprehensive update of thc Comp Plan in the Fall 2001 and focused attention on the Harbor Planning Area, including Downtown and the Rayonier Mill site. 3. The Planning Commission has held numerous informal public meetings starting in November 2001 through March 2002. 4. Many of public agency and private property stakeholders in the Harbor and Downtown areas have participated and made suggestions and comments regarding amendments to the Comprehensive Plan initially adopted by thc City in June 1994 in compliance with the Growth Management Act. 5. The Department of Community Development staff prepared twelve applications for Comprehensive Plan changes by March 31, 2002, expanding particularly the Comp Plan objectives to incorporate projects and land use actions that the Harbor and Downtown stakeholders want to see happen in thc next five years. 6. One of thc twelve applications was thc proposed utility extension policy change for services outside the City limits, and, despite the recent State Supreme Court decision nullifying the petition method of annexation on which the utility extension policy was based, the City has elected to withdraw consideration of that proposed amendment. 7. The eleven remaining proposals resulted in 13 additional Land Use Element policies and objectives, 4 additional Transportation Element objectives, 1 additional Conservation Element objective, 2 additional Capital Facilities Element objectives, and 3 proposed Land Use Map changes. 8. The Comprehensive Plan was reviewed for the proposed Comprehensive Plan Amendments, and the most relevant goals, policies, and objectives included, but were not limited to, Growth Management Element Goal A, Policy A(1)(a-m), Goal B, Land Use Element Goals D, F, H, and J, Transportation Element Goals A and B, Conservation Element Goal D, and Capital Facilities Element Goal A. 4693 9. The Comprehensive Plan Land Use Map was reviewed relative to land use changes that may be necessary for planned development and redevelopment along the Harbor shoreline. The City has endorsed the Rayonier Mill Site Draft Remedial Investigation Plan, which will provide sampling data and analysis needed for site cleanup and redevelopment. 10. A primary purpose of the proposed Comp Plan Amendments CPA 02-01 is to improve the Plan as a planning tool for facilitating the desired urban design of the City and encourage growth that the community wants to take place in the next five years. 11. A series of formal public hearings on the proposed Comp Plan Amendments began on May 8, 2001 and are scheduled through June 4, 2002. 12. Updates of other planning areas in the Comp Plan over the next two years, focusing on the east side next year and the west side the following year, is scheduled for completing the City's Comprehensive Plan update by the 2004 deadline. The next Comprehensive Plan review under the Growth Management Act will be due 2011. 13. PAMC 18.04 Comprehensive Plan Implementation and Amendment sets forth procedures for annual amendment which include deadlines for applications, requirements for public hearings, deadlines for decisions and criteria for applications and approvals of amendments. Proposed amendments shall demonstrate: why existing provisions should not continue, consistency with the Growth Management Act goals and specific requirements, compliance with County-Wide Planning Policy, compliance with capital facilities and related plans, why it is in the public interest, consistency with public health, safety, and welfare, and consideration of the cumulative effects of the amendments. 14. The proposed amendments were sent to the State Office of Community Development (OCD), affected property owners and businesses in the Harbor Planning Area, Port of Port Angeles, Lower Elwha Klallam Tribe, Clallam County, and other City Departments for review. 15. Six written comments have been received from Mr. Edward A. Chadd, the State of Washington Office of Community Development, the Port of Port Angeles, Clallam County Department of Community Development, Mr. William G. and Mrs. Carol A. Knebes, and Ms. Thelma M. Hetrick. 16. On May 22, 2002, the City's SEPA Responsible Official issued a Determination of Non-Significance (DNS) #981 and adopted the existing FEIS for the City's Comprehensive Plan (August 6, 1993), the Addendum to the FEIS for the City's Comprehensive Plan (June 14, 1994), and FSEIS to the City's Comprehensive Plan for the Zoning Implementation (November 14, 1995). 4694 17. The Planning Commission held public hearings on the proposed Comprehensive Plan Amendments CPA 02-01 on May 8 and May 22, 2002, and the City Council held a public hearing on CPA 02-01 for June 4, 2002. CONCLUSIONS: 1. The City has reviewed its Comprehensive Plan and proposed updates in compliance with the Growth Management Act, the OCD grant received by the City for the mandated review, and the State Legislature's review deadline of September 2002. 2. The proposed Comprehensive Plan Amendments are consistent with the Port Angeles Comprehensive Plan, in particular with the most relevant goals, policies, and objectives including, but were not limited to, Growth Management Element Goal A, Policy A(1)(a-m), Goal B, Land Use Element Goals D, F, H, and J, Transportation Element Goals A and B, Conservation Element Goal D, and Capital Facilities Element Goal A. 3. The Comprehensive Plan Land Use Map proposed changes will facilitate planned development and redevelopment along the Harbor shoreline. Any redesignation of the Rayonier Mill Site should wait until work under the Draft Remedial Investigation Plan, which will provide sampling data and analysis needed for site cleanup and redevelopment, has been provided to the City of Port Angeles. 4. The proposed Comprehensive Plan Amendments are consistent with the PAMC 18.04 Comprehensive Plan Implementation and Amendment procedures for annual amendment which include deadlines for applications, requirements for public heatings, deadlines for decisions and criteria for applications and approvals of amendments. 5. The proposed amendments are consistent with the Clallam County-Wide Planning Policy, in compliance with the City's capital facilities and related plans, and consistency with public health, safety, and welfare. 6. Consideration of the cumulative effects of the proposed amendments based on the City's Capital Facilities Plan and compliance with the State Environmental Policy Act through adoption of the existing FEIS for the City's Comprehensive Plan (August 6, 1993), the Addendum to the FEIS for the City's Comprehensive Plan (June 14, 1994), and FSEIS to the City's Comprehensive Plan for the Zoning Implementation (November 14, 1995) determined there were no significant adverse environmental impacts. 4695 7. The proposed Comp Plan Amendments CPA 02-01 are in the public interest and will improve the Plan as a planning tool for facilitating the desired urban design of the City and encourage growth that the community wants to take place in the next five years. Adopted by the Port Angeles City Council at its meeting of June 17, 2002. "~enn Wiggins, Mayor Beck~y j. U~,~t~ty Cl~rk/---