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HomeMy WebLinkAboutMinutes 06/21/1994 2765 CITY COUNCIL MEETING Port Angeles, Washington June 21, 1994 CALL TO ORDER - Mayor Sargent called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:35 p.m. ROLL CALL: Members Present: Mayor Sargent, Councilmembers Braun, Doyle, Hulett, McKeown, and Ostrowski. Members Absent: Councilman Schueler Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, S. Brodhun, B. Collins, K. Godbey, J. Pittis, B. Tiros, B. Coons, B. Becket, G. Thomas, D. Sawyer, S. Kenyon, K. Ridout, and J. Doyle. Public Present: D. Stalheim, R. Wheeler, S. Segle, P. Lamoureux, W. Clark, I. McKeown, M. Craver, A. Dunker, G. Snell, S. Rat, J. Tschimperle, L. Colby, M. Lucas, C. Souders, C. Kirkman, B. Phillips, J. Tmmbo, K. Lorentzen, L. Torres, D. Randles, G. Pepperdine, B. Pepperdine, B. Randles, R. Neske, N. Pennington, G. Neske, F. Butch, K. Hanan, J. & J. Schwagler, J. Rood, G. & S. 'Lappier, C. Baumann, G. Unger, J. Bunger, J. Hallett, S. Feiro, and T. Honnold. ADJOURN TO The meeting adjourned to Executive Session at 6:35 p.m. to one items of labor EXECUTIVE SESSION: negotiations and one item of potential litigation for approximately 25 minutes. RETURN TO OPEN The meeting returned to open session at 7:00 p.m. SESSION: CALL TO ORDER - Mayor Sargent called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:05 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Sargent. ALLEGIANCE: APPROVAL OF Councilmember McKeown moved to approve the minutes of the regular meeting MINUTES: of June 7, 1994. Councilman Braun seconded the motion. Councilman Ostrowski noted that the Council decided to conduct a ribbon-cutting for the pier floats and Waterfront Trail lights on Thursday, June 23, 1994, at 5:30 p.m. However, the Soroptimist Jet Set has asked that the event be held later in the evening to capture the essence of the new lights. Mayor Sargent noted the Chamber of Commerce has been inVolved in the planning of the event in view of the first concert to be held on the pier that evening at 6:00 p.m. It is anticipated that a better crowd will be available to participate in the ribbon cutting. The Council, therefore, agreed to conduct the ribbon-cutting as originally scheduled. A vote was taken on the motion, which carried unanimously. CEREMONIAL None. MATTERS/ PROCLAMATIONS: CITY COUNCIL Councilman Braun attended the Capital Facilities meetings, where project review is COMMITTEE ongoing. He attended the Utility Advisory Committee meeting where consideration REPORTS: was given to the recycling contract. He also attended the Clallam Transit Board meeting. Councilman Doyle also attended the Capital Facilities meetings, as well as the AWC annual meeting in Spokane. Councilmember McKeown attended the Utility Advisory Committee meeting, the - 1 - 2766 CITY COUNCIL MEETING June 21, 1994 CITY COUNCIL AWC annual meeting, and two meetings with citizen groups regarding a golf course COMMITTEE athletic facility. REPORTS: (Cont'd) Councilman Hulett attended the AWC annual meeting and the Chamber of Commerce Board meeting. Councilman Ostrowski attended the AWC annual meeting. Mayor Sargent also attended the AWC annual meeting; she announced that the City of Port Angeles received a Municipal Achievement Award for its Reinventing Government project. This particular award was for those cities ranging in population from 15,000 - 40,000. A new district within the AWC was formed which includes the Olympic Peninsula. Mayor Sargent was elected as the Board member to represent this new district. She attended a meeting of the AWC Employee Benefit Trust at which time a 5 % reduction in insurance premiums was agreed upon. This represents an approximate savings to the City of $50,000. Mayor Sargent also attended the dedication of the Wastewater Treatment Plant. FINANCE: I. Final Pay~nent and Acceptance of Pier Float Replacement Final Payment of Pier Mayor Sargent reviewed the information provided by the Parks Department. Float Replacement Councilman Ostrowski moved to accept the project and authorize the final payment of $69,509.98 to American Construction, $3,377.55 to retainage, and release of $9,653.15 from retainage upon receipt of clearances from the Departments of Revenue and Labor & Industries. Councilman Doyle seconded the motion, which carried unanimously. Waterfront Trail Bids 2. Consideration of Waterfront Trail Bids Mayor Sargent reviewed the information provided by the Public Works Department. Councilmember McKeown moved to accept the bid from Lakeside Industries for construction of the Waterfront Trail and 4" Sewer Force Main (Daishowa to Harbor View Park) for the bid of $631,068.84 plus applicable Washington State sales tax and authorize the Mayor to execute the construction contract. Councilman Doyle seconded the motion. After limited discussion, a vote was taken on the motion, which carried unanimously. CONSENT AGENDA: Councilman Ostrowski moved to accept the Consent Agenda, including: (1) Bid award for Senior Community Center furnishings; (2) Request approval for Chamber of Commerce public fireworks display; (3) Acceptance of resignation of Planning Commissioner Carl Alexander; (4) Payroll for June 5, 1994, of $344,616.86; and (5) Voucher list for June 17, 1994, of $965,069.96. Councilman Braun seconded the motion. Councilmember McKeown acknowledged the recent report submitted by Public Works Deputy Director Ridout on the matter of backhoe rental. Council members individually noted their reluctance to accept Carl Alexander's resignation from the Planning Commission. It was noted how much of an asset Carl has been to the Planning Commission and City Council. After further limited discussion, a vote was taken on the motion, which carried unanimously. ITEMS FROM THE None. AUDIENCE/COUNCIL/ STAFF TO BE CONSIDERED OR PLACED ON A FUTURE AGENDA: LEGISLATION: A. Public Hearings Councilman Hulett requested a change in the agenda, placing the Lappier Annexation public heating before the Comprehensive Plan public heating, as it would be a relatively short hearing. Lappier Annexation 1. LAPPIER ANNEXATION- ANX 92(11)02 - ORDINANCE REVISION: Between Melody Lane ami Woodhaven Lane, west of Golf Course Road Mayor Sargent reviewed the information provided by the Public Works Department, and opened the public hearing at 7:30 p.m. Rick Neske, spoke on behalf of his mother who lives at 1120 S. Golf Course Road. He questioned the substation to be built between his mother's property and Melody -2- 2767 CITY COUNCIL ~G June 21, 1994 LEGISLATION: Lane, as it will devalue two acres of property when they sell. Any home built at that (Cont'd) location would look out on the substation. When the property above his mother's home was developed, Mr. Neake thought the City performed three perk tests, all of Public Hearings which failed. Development took place anyway. A sewer line should have been installed at the time the 20 acres was purchased and developed, and an annexation Lappier Annexation should have taken place. Mr. Neske requested that, since his mother has the most (Cont'd) road frontage, etc., the City pay for the 30 feet of roadway needed. Councilman .Doyle pointed out that the City had not performed the perk tests, as this property is located in the County. Mr. Neske stated that regardless of who performed the tests, they did not pass. Councilman Hulett indicated that installation of a sewer line would be part of the annexation process. Mr. Neske noted that a sewer line functions on gravity, and most of the lots on Woodhaven Lane slope down, so a sewer line would probably have to be placed in two different locations on his mother's property. A pumping station may even be required on his mother's property. This issue involves more than signing a piece of paper; this is a lot of money. He is concerned with the cost, because if they cannot meet the costs, he will be forced to sell: However, he indicated his desire for the neighbors to have what is right for them also. He is not against the annexation, he just wants his mother reimbursed for the property needed for the road. Mayor Sargent requested that Deputy Public Works Director Ridout display a transparency showing the proposed annexation area, and the Neske property in particular. Planning Director Collins pointed out that the land on the opposite side of Golf Course Road is part of the Ron6 annexation and would require the same dedication of roadway. Deputy Director Ridout then gave an explanation of which rights-of-way were already acquired, and which needed to be acquired. Discussion followed regarding an LID. Director Collins felt that if the City purchased the Neske property, it would have to purchase ail of the rights-of-way on both the east and west sides of Golf Course Road to be included in the entirety of the LID. The City could not justify purchasing one property and having the others dedicated to the LID. Attorney Knutson indicated that, if the Council wishes to purchase the property through the LID, then all three parcels would have to be treated the same. The ordinance would have to be changed to provide for acquisition during the LID.process, rather than requiring dedication. Shirley Lappier, 924 Golf Course Road, and her neighbor, Terry McDonald, are donating the right-of-way in order to be annexed and acquire a sewer line. Mr. Root, another neighbor, is also 100% in favor of the annexation. Mr. Neske returned to the podium and asked the Council where the annexation goes from here. He agreed with Ms. Lappier that a lot of people need the annexation. What happens if the request is denied by the Council? Mayor Sargent reviewed the options available to the Council, one being to let the ordinance stand as written with the required dedication of right-of-way, and the other to change the ordinance so that the property can be purchased through the LID process. There being no further testimony, Mayor Sargent closed the public hearing at 7:50 p.m. Discussion followed, and Attorney Knutson indicated that even if the City Council agrees to purchase the rights-of-way via the LID process, the City could still accept donations of property for the roadway dedication. Councilman Doyle moved to not change the Ordinance conditions so that dedication of right-of-way is still required, and if the property owner does not dedicate the right-of-way by August 17, 1994, the Ordinance will not become effective. The motion died for lack of a second. Councilmember McKeown moved to change the Ordinance so that the property will be purchased through the LID process rather than dedicated. Councilman Braun seconded the motion, which carried unanimously. Comprehensive Plan 2. Final Draft Comprehensive Plan Review Review Mayor Sargent reviewed the information provided by the Planning Department. She then recognized ail those involved in the hard work that went into the development of the Comprehensive Plan, to include members of the Growth Management Advisory Committee, the Planning Commission, and Planning staff. The Mayor reviewed the protocol by which the public hearing would be conducted and opened the public hearing at 8:05 p.m. Planning Director Collins and Senior -3- 2768 CITY COUNCIL MEETING June 21, 1994 LEGISLATION: Planner Sawyer made a presentation on various facets of the Comprehensive Plan. (Cont'd) Director Collins emphasized that the draft is essentially the same as the one recommended to the Council by the Planning Commission at the March 15 meeting. Comprehensive Plan There are two substantial changes, one being the definition of "shall", "should" and Review (Cont'd) "will", and the second is the change to the school policy based on the Council's public heating and direction of May 17. Director Collins read the changes into the record. In addition, he referenced various editorial changes made, all of which were not substantive in terms of changing the content. He explained and clarified the land use map. Planner Sawyer then reviewed the responses prepared by the Growth Management Advisory Committee, the Planning Commission and staff in response to comments submitted by State agencies. Planning Director Collins informed the Council that the State comments were received in May, prior to any action the Council had directed at the May 17 meeting. Therefore, the State comments do not necessarily reflect the direction the Council took at that meeting. A memo was sent to the State, with the March 15 draft of the Comprehensive Plan, stating that the City would look at the different options on school concurrency. Attorney Knutson indicated that the City recently faxed to the DCD the specific suggestions as read by the Planning Director this evening. This was an attempt to include provisions that would implement the Council's preliminary decision to remove school concurrency provisions from the Plan. In talking to representatives of DCD, it was indicated that the changes were consistent with the Growth Management Act. It was pointed out by a DCD representative that, by stating the "City shall not require concurrency for K-12 public school facilities", it could be interpreted as being in conflict with another State law, the Subdivision Act. This act stipulates that when the City approves subdivisions, it must take into account whether or not there are adequate provisions for schools. If the Council opts to retain the preliminary determination it made earlier, some wording should be added to make it clear that the City is not trying to conflict with the provision in the State Subdivision Act. Attorney Knutson further stated that, at the same time, it could be indicated that the provision changed in the Capital Facilities element regarding the school district submitting a Capital Facilities Plan that meets the level of service standards is also a means of dealing with the school issue. This is an attempt to insure that there will be adequate provision for schools. Jim Bunger, 620 S. Liberty, addressed the transportation plan, noting he has been involved in transportation for the past 25 years, has a degree in transportation from the University of Washington, and has been involved in the Peninsula Regional Transportation Policy. The road system has failed, and the transportation plan presented to the Council is a band-aid approach. One cannot go east/west and bring the flow of traffic back into Race Street. The City must look into the future. Gene Unger, 1401 W. 7th Street, referenced a letter from Wendy Clark, the County Transportation Planner, dealing with the subject matter at hand, copies of which he distributed to the Council. Mr. Unger has been involved with the Port Angeles Regional Transportation Committee and. finds the City staff has included some talk about future roadway networks. The Committee feels there needs to be more emphasis on the long-range goals. One of the major goals of the County Transportation Committee is the Heart of the Hills Parkway. This is the time to designate a route which is needed to alleviate the problem with Hwy. 101 being the only route in and out of Port Angeles to the east and west. A new facility, which would be a main conduit for heavy vehicles and would facilitate the Multi-modal Transportation Center, is necessary. Mr. Unger asked that items such as this be included in the Transportation section of the Comprehensive Plan. Jerry Moore, 830 Durrwachter Road, was the Chairman of the Port Angeles Regional Transportation Subcommittee for the County and worked with WSDOT as the Project Engineer in the area. He echoed Mr. Unger's comments regarding the Heart of the Hills Parkway. The State, County and City should work together to develop this plan to make sure all appropriate elements are handled. A long-term plan is needed. David Stalheim, Clallam County Planning Director, spoke on behalf of the Board of County Commissioners regarding the transportation issue. The Board of Commissioners also supports the regional study done on HWY. 101 to be coordinated with the City and believes it is a working solution for this community. The Board would like to find a long-term solution to Hwy. 101 and urge the City to incorporate the recommendations of the group in the City's Comprehensive Plan. Mr. Stalheim then underscored the importance of the County's letter, dated May 24, 1994, which was partly dismissed in the recommendations to the Council. The County also provided a letter dated June 20, regarding the County's position on school adequacy. The Board of Commissioners offered to have a work session with the City Council prior to the adoption of the Plan. The County's technical staff in the areas of transportation and planning could be included to review some of the -4- 2769 June 21, 1994 LEGISLATION: issues within the Planl There are some conflicting interpretations of the Growth (Cont'd) Management Act. The County recognizes the expertise of the City on urban issues, and the Commissioners would like to invite the City staff to discuss the issues in Comprehensive Plan front of the Board of County Commissioners prior to the adoption of the County Review (Cont'd) plan. Mr. Stalheim felt the opinion of all the technical resources needed to be shared and considered. The County has several major issues with the City's plan, including urban and rural densities, urban services and facilities, and school adequacy. Mr. Stalheim indicated the County does not want the City defining rural densities. In addition, it is felt there is a need to identify ways to increase density in the current City limits. Bart Phillips, Executive Director of the Economic Development Council, spoke on the transportation corridor issue. The Board of the EDC feels this is a major consideration and should be incorporated in the Comprehensive Plan. Carl Alexander, 235 W. 12th Street, lodged a formal protest against the recent revisions made by the City staff to the draft Comprehensive Plan at the direction of the City Council on May 17, 1994. It was Mr. Alexander's opinion that the revisions are not in compliance with the Growth Management Act and, in particular, with RCW 36.70.A.020, Paragraph 12, Public Services and Facilities. Also, he did not believe the revisions to be internally consistent with the stated goals and policies of the Capital Facilities Element of the draft Comprehensive Plan, nor with the City's Capital Facilities Plan itself. Mr. Alexander explained the intent of RCW 36.70.A.020, Paragraph 12. The addition of a new policy in the Comprehensive Plan which states the City shall not require concurrency for schools does not remedy this deficiency. Similarly, the revision of Policy No. 1 is completely inconsistent with RCW 36.70. A.020 and is contrary to all State law. The GMA does not authorize the City of Port Angeles to mandate requirements such as this onto any special district, which has its own elected officials and taxing authority. At present, no existing State law or regulation allows the City of Port Angeles to compel the School District to submit a Capital Facilities Plan or a six-year financing plan to this municipality. It is not the School District's responsibility "to meet anticipated residential growth as provided for in the land use element of the City Comprehensive Plan". Under the Growth Management Act, it is the City's responsibility to see that anticipated residential growth does not overwhelm the capacity of public facilities, including K-12 public school facilities. Finally, Mr. Alexander protested the fact that the revisions to the Plan were made at the last minute prior to adoption of the Plan, without copies being available for public study until one day prior to the public hearing. RCW 36.70.A. 140 states early and continuous publication are a requirement of comprehensive planning under the GMA. Norma Turner, a county resident and local business owner, quoted from the Plan that the City would be a supporter of schools. Policy 4 states the City will develop public facilities cooperatively. Ms. Turner cannot understand why the City would not want to set up a Task Force and work together to define concurrency. One of the primary criteria used by new businesses seeking to locate in a new community is the quality of the schools. She urged the Council to reconsider adoption of the objectives on Page 76 regarding school concurrency. Margaret Crawford, 2619 S. Race Street, a former member of the Growth Management Advisory Committee and a current member of the Port Angeles School Board, felt that the approach to the east/west transportation problem was limited, as the Committee was made up of only City residents, and the committee members did not feel qualified to make decisions which affected non-residents. Considerations were limited to what was possible 'within City limits. She felt the identification of a corridor would be of great benefit. Ms. Crawford also addressed the school concurrency language changes and echoed the remarks of Ms. Turner and Mr. Alexander. She felt this issue needed much more discussion and urged the Council to work in concert with the School District. Ms. Crawford felt that to rely on SEPA to address the issue of school adequacy would result in a contentious and negative environment on singular issues. Carol Johnson, 123 Henry Boyd Road, Port Angeles Chamber of Commerce, requested that the Council consider an element for traffic corridors inclusion in the Comprehensive Plan, as this is important to the business community and the City's economic health. She reminded the Council that the Chamber had already taken a position against concurrency, as new development doesn't necessarily mean more children in the schools. The Chamber supports schools, but not concurrency. Kirk Lorentzen, 204 Orcas, addressed the cross-town route. He used the Planning 2770 CITY COUNCIL MEETING June 21, 1994 LEGISLATION: Department's transparency to point out an inconsistency between the goals and (Cont'd) policies and the map itself. Items 2 - 7 of the transportation policies are described as coexisting along Lanridsen Boulevard, then on Page 50 which describes Comprehensive Plan commercial policy of the land use map, Item 6 states that new commercial areas shall Review (Cont'd) not be located along the alternate cross-town route or cross-town truck route. Using the map, he demonstrated that land east of Lincoln Street to Vine Street is mostly low and medium density residential. Moving this into a commercial bubble goes against the language of the Comprehensive Plan. He requested that the land use map be changed to reflect the goals and policies stated in the Plan. Councilman Hulett pointed out that the area Mr. Lorentzen referred to is zoned Office Commercial, not residential. Mr. Lorentzen asked that the map be modified in order to show the apartments, as well as other slight changes to perfect the map. Cheryl Baumann, 2310 S. Chase Street, stated that this neighborhood has never before been designated on a land use map and has never been part of the commercial element. Ms. Baumann stated she believes it was made to become part of the commercial element because of Albertson's desire to come into the area. She expressed concern that there is a flexible boundary. If land is designated residential and then changed to commercial, there is no security for the homeowner. She was concerned about there being a buffer. If the City is looking for commercial areas to plan they should look to the west end. She felt there should be a low and high density land use for commercial, not just one designation. Ms. Baumann also stated that she is for concurrency. Jim Hallett, 312 E. llth Street, thanked the Council for indulging the public and echoed the comments made regarding school concurrency. He was pleased with the document presented to the Council at its May meeting, and became disturbed with the decision to eliminate school concurrency. Page 1 of the draft Plan states, "The best community is that which provides the best environment for the experience of living". This sets the tone for the entire document. The best environment would include public education, and the City cannot ignore that. The Planning Commission document, despite the suggested removal of concurrency, continues to reference the term "schools'. To remove concurrency flies in the face of what the Council is really intending to do. Sound planning doesn't always equate to increased costs or development fees. Nowhere in the Comprehensive Plan does it suggest concurrency means more fees. The absence of concurrency may actually be more costly, not only to those who make a living selling property to attract people here in the first place due to this quality of life, but to those who make a living developing the property as it grows. He called the Council's attention to the April 28, 1993, letter from John Jimerson to the Planning Commission. Mr. Hallett then read from that letter. Approval of subdivisions has to be mitigated by addressing the long-range impact on school facilities. It was Mr. Hallett's understanding that no building can occur in the subdivision without school adequacy being addressed, as that was a mitigated measure. He then asked Attorney Knutson for his opinion on this. Attorney Knutson stated that the State Subdivision Act does require that the City take into account schools and make sure there is adequate provision for schools when approving subdivisions. There is certain discretion involved in how this is accomplished. He understood the condition Mr. Hallett read and felt the suggested change staff made to implement the City Council's preliminary determination is consistent with that. The change to the Capital Facilities Policy, C-l, says that there will be a capital facilities plan for schools that meets level of service standards that the school district itself has established. Mr. Hallett urged the Council to reconsider this issue, not be concerned about what may happen in the future if proper planning is addressed, but be concerned over what might happen if it is not. Break Mayor Sargent recessed for a break at 9:40 p.m. The meeting reconvened at 9:55 p.m. Tom Keywood, 209 W. 5th Street, a property owner of land on Marine Drive, asked the Council to consider the adverse economic impact on him if the Council designates his property as open space. Lorraine Ross, 418 E. Front Street, felt that the policy of Port Angeles should be that every neighborhood should have to accept a certain amount of high density residential. In addition, she stressed the importance of making plans for the crossing of White's Creek, as it will help the traffic problem. Roger Wheeler, 514 Erving Jacobs Road, President of the North Olympic Builders Association, stated that the Association is opposed to concurrency. Concurrency takes away affordable housing. -6- 2771 June 21, 1994 LEGISLATION: Rick Riski, 2310 S. Chase Street, a member of the Lauridsen Neighborhood (Cont'd) Association, expressed interest in seeing the permanent sawtooth areas of the map defined in tho ~urrent land ~map and in the new Comprehensive Plan. The zoning Comprehensive Plan around Lauridsen needs to be precise and not flexible. He also stated that he Review (Cont'd) supports concurrency. Meeting Extended Councilman Braun moved to extend the meeting past 10:00 p.m. Councilman Past I0:00 p.m. Hulett seconded the motion, which carried unanimously. Louis Torres, 1620 W. 13th Street, was concerned over the lack of development on the west side. He asked Council to look at the area adjacent to Bean Road, which is currently zoned multi-family, and think about zoning it commercial as opposed to mixing residential/commercial. He further stated his appreciation of Council's change to the draft Plan regarding school concurrency. There is a need for continued discussion on this issue, and the County, City and School Districts should bring proposals to the public on how concurrency will be accomplished. Ida McKeown, 2510 W. 10th Street, Associate Director of the North Olympic Home Builders Association, opposed the original Comprehensive Plan which contained policies restrictive to growth development. The City and County signed on to follow the Growth Management Act due to size; they were not mandated to do so. The GMA notes that new growth and funds are not to be used for existing, or to replace existing, schools. The economic health of Port Angeles is in jeopardy. Cindy Souders, 219 W. Park Street, stated that in February several City Council members stated they were unsure of school concurrency, because of so much testimony against it. Ms. Souders started a petition and collected 400 + names from people who do support concurrency. The school district was not involved in this petition process. Ms. Souders quoted from a letter in the Council packet received from DCTED regarding the Comprehensive Plan. She further requested that the zoning on Lanridsen Boulevard stay the same for the land use map. Ms. Souders felt the City must know there is a need for a bypass before plans for building one are begun. Mary Craver, 3002 Maple Street, commended the City Council for the intent of removing concurrency from the Comprehensive Plan; however, she felt removal has not occurred. The new draft states the Port Angeles School District shall submit Capital Plan Facilities. Ms. Craver quoted from page 75, Number 14 of the Plan. She felt concurrency should be removed entirely from the Plan. Art Dunker, 2114 W. 6th Street, read a letter presented to the Mayor from the Port Angeles Business Association opposing school concurrency. Mr. Dunker stated that, as of three weeks ago, the County was not considering school concurrency. He could not understand why this was changed. School concurrency will mean fees which will be paid by a minority. He explained his theories on the payment of these fees. This community cannot afford to have more fees added to its burden. School concurrency has two aspects to it, one is control, and the other is extraction. School concurrency will take something that could be good and turn it into something unaffordable. Susie Rao, representing the Building Industry Association of Washington in Olympia, addressed the issue of concurrency. There is nothing in the Growth Management Act which states concurrency is mandated for schools or parks and recreation facilities. The only mandate relates to the transportation element as stated in 36.70A 0707E. It does allow concurrency for schools in a back door approach. She read from Page 75 of the Comprehensive Plan and stated that the Association is against concurrency being mandated for parks and recreation facilities. She requested that the record be held open for another week so she could submit further questions and comments in writing. There being no further testimony, Mayor Sargent closed the public hearing at 10:35 p.m. Mayor Sargent suggested that the Council hold a work session on Tuesday, June 28, 1994, and stated that she felt the formation of a task force to consider and study the options available on school concurrency would be advisable. Councilmember McKeown moved to establish a seven member task force for the purpose of reviewing the issue of school concurrency, with the motion including the following parts: (1) The School Concurrency Task Force would report back to the City Council in written form all of their findings, to include the consensus findings and the minority findings. (2) In the community's best interest, this task force must include individuals from varied backgrounds and interests and -7- 2772 CITY COUNCIL MEETING June 21, 1994 LEGISLATION: should, therefore, be made up of a member of the Port Angeles School District, (Cont'd) a City staff member, a representative from the development community, a member of the City Council, and three citizens at large who are individuals with Comprehensive Plan an interest in this project regardless of their background. (3) The task of Review (Cont'd) forming this seven member School Concurrency Task Force is to be referred to three members of the City Council. Councilmember McKeown would like to be one of the participants. (4) That City Attorney assistance be sought as to recommended wording to accomplish the intent of the motion, if passed. Councilman Braun seconded the motion. After further consideration, it was agreed there could be an inclusion in the Comprehensive Plan that this task force is being formed. It was suggested that the County have representation on the task force and, therefore, Councilmember McKeown agreed to amend the motion to include a County Commissioner or his/her representative and modify the number of citizens at large to two. Councilman Braun, as seconder of the motion, accepted the amendment. A vote was taken on the motion, which carried unanimously. Councilman Ostrowski moved to seta special meeting for Tuesday, June 28, 1994, at 7:00 p.m., for further review of the Comprehensive Plan. Councilmember McKeown seconded the motion. After a brief discussion, the motion was amended to schedule the meeting for 6:00 p.m. This was agreed to by the make and seconder of the motion. Councilman Braun suggested amending the motion to have City staff work with the County staff to address some of the problems presented this evening. After further discussion, a vote was taken on the motion, which carried unanimously. Councilmember McKeown requested to be on the committee to form the Task Force, Mayor Sargent and Councilman Hulett also volunteered. Wastewater Rate Increase 3. Water ami Wastewater Rate Increases Mayor Sargent reviewed the information provided by the Finance and Public Works Departments. She opened the public hearing at 10:50 p.m. City Manager Pomeranz informed the Mayor that the Public Works Director had a brief presentation with overheads that might help the public and the Council understand the issues. Public Works Director Pittis provided a brief history of water/wastewater rates, showed comparisons and reviewed the new impact to the rate payers. Water rates haven't changed a great deal due to the emphasis in the wastewater area, and now the City is looking at a dramatic increase in water rates. He explained why this occurred. He. further explained the debt service to pay for the wastewater treatment plant which is incorporated into the new rate projections for wastewater service, as well as other expenses incurred. Discussion followed. Paul Lamoureux, 602 East Whidby, reluctantly supported the increase and expressed resentment over the federal government mandating something that was unnecessary in the secondary treatment plant. If water/wastewater rates must go up, he suggested giving the residents a minimum of 1500 cf for a certain rate. A rate structure based on a higher minimum use will make people feel better about the increase, as they can still water their lawns and keep Port Angeles beautiful. Jim Reed, 485 Blue Mountain Road, owner of rentals in Port Angeles, was opposed to the flat rate. Using a flat rate removes some of the incentive to conserve water. Jerry Schwagler, 233 Alice Road, owner of multi-family units in the City, indicated that a majority of his renters are elderly, retired, and fixed-income residents. He was concerned with the impact the rate increase will have on them. He asked how his rentals would be affected by the increase, and Director Pittis explained the percentages to him. There being no 'further testimony, Mayor Sargent closed the public hearing at.11:25 p.m. Discussion followed. By consensus, the Council agreed that a study should be done on the possibility of a tiered system rate increase to be brought back to the Council at its special meeting of June 28, 1994. Mr. Lamoureux approached the podium and stressed that the problem is tying water to wastewater. He felt the City should get the word out to the people that there is a debt service to pay and they will understand. -8- 2773 June 21, 1994 LEGISLATION: B. Ordinances Not Requiring a Public Hearing (Cont'd) I. REZONE REQUEST - REZ 94(04)01 - ALBERTSON'S, between Laurel Rezone Request- and Lincoln Streets, south of Lauridsen Boulevard: Request to rezone Albertson's- property from RS-7, Residential Single-family, to CSD, Community Ordinance No. 2809 Shopping District Mayor Sargent reviewed the information provided by the Planning Department and read the Ordinance by title, entitled ORDINANCE NO. 2809 AN ORDINANCE of the City of Port Angeles rezoning approximately 1.6 acres located between Laurel and Lincoln Streets south of Lauridsen Boulevard from RS-7, Residential Single-Family, to CSD, Community Shopping District. Director Collins noted the Findings had been revised to reflect' the action of the Council. Councilman Ostrowski moved to adopt the Ordinance as read by rifle, firing Findings 1 - 16 and Conclusions A - C, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councilman Braun seconded the motion, which carried unanimously. Street Vacation - 2. STREET VACATION REQUEST- STV94(04)01 - ALBERTSON'S, San Juan Albertson's - Avenue: Request to vacate a portion of San Juan Avenue lying between Ordinance No. 2810 Laurel and Lincoln Streets, south of Lauridsen Boulevard Mayor Sargent reviewed the information provided by the Planning Department and read the Ordinance by title, entitled ORDINANCE NO. 2810 AN ORDINANCE of the City of Port Angeles vacating a portion of San Juan Avenue, Port Angeles, Washington. Director Collins noted the Findings had been revised to reflect the action of the Council. Councilman Braun moved to adopt the ordinance as read by rifle, subject to Conditions 1 - 3 and citing Findings 1 - 9 and Conclnsions A - B, as set forth in Exhibit "B", which is attached to and becomes a part of these minutes. Councilmember McKeown seconded the motion, which carried unanimously. Annexation Request - 3. ANNEXATION REQUEST- ANX 94(02)01 - RON~, et al, East of Golf Ron6- Course Road between Liadberg and Maddock Roads: Request for Ordinance No. 2811 annexation of approximately 37.96 acres of property as RS-9, Residential Single-Family District Mayor Sargent reviewed the information provided by the Planning Department and read the Ordinance which excludes the Edwards' property by title, entitled ORDINANCE NO. 2811 AN ORDINANCE of the City of Port Angeles, Washington, annexing approximately 37.96 acres into the City of Port Angeles. It was nOted that, because of' the exclusion of the Edwards' property, the approximated acreage in the ordinance title should be decreased to 36.78 acres. Therefore, Councilman Hulett moved to adopt the corrected Ordinance as read by title, citing Findings 1 - 13 and Conclusions A - D, as set forth in Exhibit "C", which is attached to and becomes a part of these minutes. Councilmemher McKeown seconded the motion, which carried unanimonsly. Firearms Range Fund - 4. Law Enforcement Firearms Range Fund Ordinance Ordinance No. 2812 Mayor Sargent reviewed the information provided by the Police Department and read the Ordinance by title, entitled -9- 2774 CITY COUNCIL MEETING June 21, 1994 LEGISLATION: ORDINANCE NO. 2812 (Cont'd) AN ORDINANCE of the City of Port Angeles, Firearms Range Fund - Washington, establishing the Law Enforcement Ordinance No. 2812 Firearms Range Fund for administration of funds (Cont'd) in connection with the construction, operation and maintenance of a law enforcement firearms range and further providing for the setting of fees for use of the firing range. Councilman Braun moved to adopt the Ordinance as read by title. Councilman Doyle seconded the motion, which carried unanimously. Solid Waste Rates for 5. Revising Solid Waste Rates on Federal Accounts Federal Accounts - Ordinance No. 2813 and Mayor Sargent reviewed the information provided by the Finance Department and Ordinance No. 2814 read the first Ordinance by title, entitled ORDINANCE NO. 2813 AN ORDINANCE of the City of Port Angeles, Washington, pertaining to an exemption from the solid waste collection tax and amending Ordinance No. 2317, as amended, and Chapter 13.56 of the Port Angeles Code. Councilman Ostrowski moved to adopt the Ordinance as read by title. Councilmember McKeown seconded the motion, which carried unanimously. Mayor Sargent read the second Ordinance by title, entitled ORDINANCE NO. 2814 AN ORDINANCE of the City of Port Angeles, Washington, revising the solid waste rate schedule to allow for the excise tax exemption for federal accounts, and amending Ordinance 2317, as amended, and Section 13.54.040 of the Port Angeles Municipal Code. Councilman Ostrowski moved to adopt the Ordinance as read by title. Councilman Braun seconded the motion, which carried unanimously. Utility Connection and 6. Revising Utility Connection and Collection Fees Collection Fees - Ordinance No. 2815 Mayor Sargent reviewed the information provided by the Finance Department and read the Ordinance by title, entitled ORDINANCE NO. 2815 AN ORDINANCE of the City of Port Angeles, Washington, pertaining to fees and deposits for the connection and disconnection of utility services, repealing PAMC 13.12.091, and amending Title 13 of the Port Angeles Municipal Code. Councilman Braun moved to adopt the Ordinance as read by title. Councilman Hulett seconded the motion, which carried unanimously. Peddler's Ordinance 7. Amendment to Peddler's Ordinance Revising Door-to-Door Solicitation Amended - Regulations to Comply with Recent Federal Court Decision Ordinance No. 2816 Mayor Sargent reviewed the information provided by the City Attorney, Police Chief, and City Clerk and read the Ordinance by title, entitled ORDINANCE NO. 2816 AN ORDINANCE of the City of Port Angeles, Washington, revising the restriction against peddling without an invitation and amending Ordinance 2050 and Chapter 5.56 of the Port Angeles Municipal Code. - 10- 2775 June 21, 1994 LEGISLATION: Councilmember McKeown moved to adopt the Ordinance as read by title. (Cont'd) Councilman Braun seconded the motion, which CalTied unanimously. Peddler's Ordinance Amended - Ordinance No. 2816 (Cont'd) Amendment to Criminal 8. Amendment to' Criminal Code Revising Penalties and Other Provisions to be Code - Consistent with Recent State Statutes Ordinance No. 2817 Mayor Sargent reviewed the information provided by the City Attorney's office, and read the Ordinance by title, entitled ORDINANCE NO. 2817 AN ORDINANCE of the City of Port Angeles, Washington, revising the City's criminal code to comply with recent statutes and court decisions, amending Ordinance Nos. 2129, 2149, 2188, 2194, 2213, 2220, 2241, 2404, 2442, 2445, 2447 and 2612 and Title 9 of the Port Angeles Municipal Code, and repealing PAMC 9.16.180, 9.34.040, 9.34.080 and 9.34.085. Councilman Doyle moved to adopt the Ordinance as read by title. Councilmember McKeown seconded the motion, which carried unanimously. C. Resolutions Not Requiring Public Hearings None. Planning Commission D. Planning Commission Minutes/Action Items Minutes/Action Items None. E. Other Considerations Juan de Fuca Festival 1. Report on Juan de Fuca Festival of the Arts of the Arts Report Manager Pomeranz reported that Karen Hanan, President of the Juan de Fuca Festival of the Arts, would be contacting the Councilmembers individually to report on the 1994 festival. Report on State and 2. Report on State and Federal Mandates Federal Mandates Mayor Sargent summarized the report submitted by Public Works Director Pittis. Rebecca Barry, representing the Clallam County Chapter of United We Stand America, read into the record a letter from Ed Tuttle asking that the City of Port Angeles act as the lead agency in a County-wide action against the State to force compliance with RCW 43.135.010. In addition, Ms. Barry distributed copies of a document setting forth proposed legislation which would demand Federal recognition of States rights and would insist that the Federal Government cease and desist on the issuance of mandates. Discussion followed, and the question was raised as to why the City should function as the lead agency in a County-wide effort. There appeared to be no clear and concise answer to this question. Consideration was given to the possibility of the City sending a letter in support of the proposed legislation as referenced by Ms. Barry. The Council agreed by consensus to have Manager Pomeranz draft such a letter for consideration at the June 28 special Council meeting. Labor Contract Between 3. Food Bank Use of ~Oid" Senior Center City and Teamsters Mayor Sargent reviewed the information provided by the Human Resources Manager. Councilmember Braun moved approve the labor agreement between the City of Port Angeles and the Teamsters//589 non-sworn unit.for the contract duration of January 1, 1994 through December 31, 1996. Councilman Doyle seconded the motion, which carried unanimously. -11- 2776 CITY COUNCIL MEETING June 21, 1994 LEGISLATION: 4. Cronauer Letter on "0' Street LID (Cont'd) Mayor Sargent reviewed the information provided by the Public Works Department. Cronauex Letter Councilman Ostrowski moved to accept the petition from the property owner and authorize the Public Works Department to include 14th Street from "O" Street to "P" Street in the "O" Street LID. Councilman Braun seconded the motion, which carried unanimously. Approval to Fill 5. Approval to Fill Two (2) Firefighter/EMT Positions Firefighter/EMT Positions Mayor Sargent reviewed the information provided by the Fire Department. Councilman Braun moved to authorize the filling of two (2) positions for Firefighter/EMT. Councilmember McKeown seconded the motion, which carried unanimously. ADJOURNMENT: The meeting was adjourned at 12:17 a.m. - 12- 2777 Exhibit "A" Rezone Request - REZ 94(04)02 - ALBERTSON'S Findings: 1. The following findings and conclusions are consistent with the entire record of this rezone request. The Council has considered the entire record, and to the extent that relevant facts from said record are not specifically identified in these findings and conclusions, said facts shall be considered incorporated herein. 2. The request is to rezone Lots 1-10, Block 24, PSCC 2nd Addition to Port Angeles, and the adjacent San Juan Avenue right-of-way from RS-7 to CSD. 3. The site is identified as urban residential environment in the Comprehensive Plan. The following goals, policies and objectives have been identified as being most relevant to the proposal: Goals Nos. 2, 3 & 5; Commercial Policies Nos. 1-3; 4, 5 & 12; Social Objective No. 2; Economic Objective No. 1; and Land Use Objectives Nos. 1, 2 & 5. 4. The applicant has indicated an intent to assemble the 4.33 acre site, along with the San Juan Avenue right-of-way and the block of property to the north, for construction of a 47,000 s.f. grocery store. There are no comparable sites on Lincoln Street. Other large sites along the First/Front Street corridor have recently been developed. 5. A Mitigated Determination of Non-Significance was issued for the rezone and construction of the site with a 47,000 s.f. grocery store. The mitigated DNS was appealed to the Planning Commission pursuant to the City's SEPA ordinance, and the Planning Commission upheld the MDNS. 6. The rezone would extend the CSD property 170 feet further south at this location. The depth of the CSD zone would match the depth of the OC zone of the property adjacent to the east. 7. The rezone would result in CSD and RS-7 property being separated by a 20 foot wide alley. This is fairly common in the City along the Eighth Street corridor where CR and RS-7 property share alleys. 8. The CSD zone district contains standards for compatibility with residential zones including setback and landscaping requirements. 9. The site is located on Lauridsen Boulevard which acts as a boundary between neighborhoods and provides excellent access from more distant neighborhoods. 10. There are eight single family residences on the rezone site which will become non-conforming with the rezone approval. 2778 11. The proposed development does not exactly conform to the design configuration of either strip or cluster commercial as described in the Comprehensive Plan, since it has characteristics of both. 12. The site enjoys immediate access to two arterial roadways - Lauridsen Boulevard and Laurel Street. Lauridsen Boulevard and Laurel Streets are also identified as school walking routes. 13. The applicant was unsuccessful in assembling a sufficient site for the proposed development at Albertson's present location in the block on Lincoln Street between 6th and 7th Streets. 14. The proposed rezone is for the same zone (Community Shopping District) and in the same vicinity of Highway 101 along Lincoln Street, as Albertson's present location. 15. The Washington State Department of Transportation has reviewed the impacts that may result directly and indirectly from the rezone and has found the City's mitigation measures to be adequate for subsequent traffic circulation on Highway 101. 16. Within the City limits, Albertson's and Safeway are the only large supermarkets serving the City residential neighborhoods. Conclusions: A. The rezone is in the public use and interest and is compatible with the surrounding neighborhood. The subject site including the rezone portion is sufficient in size for Albertson's to construct a new supermarket of similar size to other supermarkets located within the City limits. Street improvements including new lanes and channelization, intersection alignment and signalization, crosswalk alignment and signalization, and sidewalks will provide safety for pedestrians including school children and traffic level of service operating standards for street segments presently operating below accepted City standards. B. The rezone is consistent with most of the Goals, Policies, and Objectives of the Comprehensive Plan, specifically, those identified in Finding No. 2. There is a lack of sites within the Lincoln leg of the commercial "T" to accommodate a modem grocery store. C. Circumstances have changed since the Comprehensive Plan was adopted and since the property was zoned RS-7. Adjacent properties to the north have not thrived commercially as evidenced by the vacant land and former convenience store. The larger commercial sites in the city have been developed, leaving fewer parcels of adequate land for large commercial developments. Full 2779 service grocery stores now require larger areas of land. The commercial "T" has expanded further south on Lincoln Street. Adopted by the Port Angeles City Council at its meeting of June 21, 1994. A~FEsT: l~cky~. Uptor(, City Clerk 2780 Exhibit "B" Street Vacation Request - STV 94(04)01 - ALBERTSON'S Conditions: 1. The street vacation shall not be finaled until the following are completed: A. The property is rezoned pursuant to the rezone application (REZ 94(04)01) also filed by Albertson's. B. All the habitable structures on Lots 1-10, Block 24, PSCC 2nd Addition are removed. C. A final short plat which consolidates the 18 lots and the vacated right- of-way into one lot is recorded with the County Auditor's Office. 2. The applicant shall reimburse City Light for the cost of removing the electrical service from San Juan Avenue. 3. After the buildings are removed from the site, Albertsons shall be responsible for cutting and capping the water line at Laurel and Lincoln Streets and the sewer line at Lincoln Street and for removing or filling the manhole near the west end of San Juan Avenue. Findings: 1. The request is to vacate the San Juan Avenue right-of-way between Laurel and Lincoln Streets. The area to be vacated consists of about 0.8 acres. 2. The adjacent property to the south is zoned Residential Single Family (RS-7) and to the north is zoned Community Shopping District (CSD). 3. There are ten lots with eight houses which abut San Juan Avenue to the south. There are eight lots which abut San Juan Avenue to the north but which have primary access and frontage along Lauridsen Boulevard. 4. San Juan Avenue is a local access street and does not extend beyond Laurel and Lincoln Streets. 5. The utilities located in the right-of-way are there to serve those properties located on San Juan Avenue, and not properties beyond. 6. The purpose of the vacation is to allow the creation of a 4.33 acre site which is large enough to support a 47,000 square foot Albertsons grocery store. 7. Vacation of the street without removing the homes would result in inadequate access for fire protection. 2781 8. Vacation of the street without replatting the site would result in nine lots that do not meet the City's requirement for frontage on a public road. 9. The comprehensive plan encourages a diversified and healthy economic base (Economic Objective No. 1). Conclusions A. As conditioned, vacation of San Juan Avenue is in the public use and interest as it would provide a commercial site of adequate size to support a competitive grocery store. B. The street vacation is consistent with the Goals, Policies and Objectives of the Comprehensive Plan listed in the staff report. It will encourage economic diversity and will not adversely affect the circulation system. Adopted by the Port Angeles City Council at its meeting of June 21, 1994. Sargent, M(a~or - ATTEST: t~ec~<'/J. Uptor/~-t~ity Cle--~k 2782 Exhibit "C" ANNEXATION REQUEST - ANX 94(02)01 - RONE' etal Conditions: 1. Compensation shall be provided to the City for obtaining the P.U.D. facilities located within the annexation area in a manner and amount consistent with the recommendation of the Utilities Advisory Committee and City Light. 2. The following road dedication shall be made prior to the annexation going into effect: a. The east half (30 fee0 of Golf Course Road shall be dedicated along the south 988 feet of frontage of the annexation site (McCartney, Schmuck and Rone' properties). b. The north half (30 feet) of Maddock Road shall be dedicated along those portions of the annexation area where it doesn't currently exist (McCartney, Abraham and Edwards properties). c. Property on Lindberg Road shall be dedicated to create the minimum 60 foot wide right-of-way (Heerschap, Ballard, Cooper and Balch properties). 3. Separate no-protest agreements for the formation of a Local Improvement District for each of the following improvements shall be entered into by property owners of no less than 60% of the assessed value of the property within the annexation: Upgrading of Lindberg, Maddock and Golf Course Roads to City standards including storm drainage; upsizing the sewer line as outlined in a report prepared by a licensed engineer and approved by the City; extending the sewer line from its current location north of Melody Lane to the site; and water system improvements for the area including storage and distribution facilities. 4. The south boundary of the annexation shall include the south edge of the Maddock Road right-of-way. 5. The annexed area shall bear the pro rata share of the City's general obligation indebtedness existing as of the date of the annexation. 6. Prior to development of new residential structures or remodel of existing homes by greater than sixty percent, fire hydrants shall be placed within five hundred feet of the structure, to a flow of five hundred gallons per minute, and structures shall be constructed with an automatic sprinkler system. Findings: 1. The proposal is to annex approximately 38 acres south of the existing City limits between Maddock, Golf Course and Lindberg Roads. 2783 2. Pursuant to Section 17.95.110 of the zoning ordinance, the annexed property will be zoned RS-9. 3. There are twelve lots in the annexation area, all of which exceed the minimum dimension requirements of the RS-9 zone district. 4. The area is designated as Suburban Residential Environment in the City's Comprehensive Plan. 5. The site is within Clallam County's Interim Urban Growth Area for the City of Port Angeles. 6. Water is provided to the site by Clallam County P.U.D. and the City. New development will receive water from the city. 7. City Light is required to purchase the P.U.D.'s electrical facilities in the annexation area within 24 months of annexation or install their own. 8. The nearest sewer line is located north of Melody Lane. Improvements to the downstream sewer line are necessary to support additional facilities. 9. Golf Course, Maddock and Lindherg Roads are not constructed to full city standards and do not provide the minimum right-of-way width of 60 feet. As conditioned, Golf Course and Lindberg Road rights-of-way would be expanded to 60 feet and the north half of Maddock Road would provide 30 feet of right-of- way. 10. A study of the water system was prepared by CH2M Hill which indicates that water system improvements are necessary to serve additional development. 11. City Council resolution states that every proposed annexation shall be analyzed to ensure that the existing city improvements are adequate to meet the increased burden which would be generated by the proposed annexation and that it will not become necessary for city funds to be expended to enlarge such existing improvements. 12. The City of Port Angeles SEPA Responsible Official issued an MDNS for the annexation which states that future residential development shall go through the SEPA review process to ensure adequate utilities and roads are provided. 13. The Fire Department commented that habitable structures constructed after annexation would have to be provided with automatic sprinkler systems due to the long response time to the area. 2784 Conclusions: A. As conditioned, the proposal is consistent with the Port Angeles Comprehensive Plan annexation policies. B. The proposed annexation is consistent with the procedural requirements of Chapter 35A. 14 RCW. C. As conditioned, the annexation is consistent with the Council Resolution 18-78. D. As conditioned, the annexation is in the public interest. Adopted by thc City Council at its meeting of 1une 21, 1994. Jo~,~.~ Sargent, Mayor (~ ' ATTEST: ~clo~I. Upton1, City Clerk