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HomeMy WebLinkAboutMinutes 07/21/1998 3757 CITY COUNCIL MEETING Port Angeles, Washington - July 21, 1998 CALL TO ORDER - Mayor Braun called the regular meeting of the Port Angeles City Council to order at 5:35 REGULAR MEETING: p.m. ROLL CALL: Members Present: Mayor Braun, Councilmembers Campbell, Doyle, McKeown, Wiggins, and Williams. Members Absent: Councilman Hulett. Staff Present: Interim Manager Pittis, Attorney Knutson, Clerk Upton, B. Becker, B. Collins,' S. Ilk, P. Rose, L. Haehnlen, P. Burrett, Y. Ziomkowski, B. Titus, G. Kenworthy, T. Smith, and S. Kenyon. Public Present: L. Lee, N. VanSickle, G. Gleason, K. Bailey, J. Ralston, S. Crrainger, D. Hart, T. Schmid, M. Pearson, D. May, M. Jacobs, S. Grainger, M. Jacobs, L. Olson, S. Baxter, and A. Frederick. PLEDGE OF The Pledge, of Allegiance to the Flag was led by Patrick Ibarra. ALLEGIANCE: Mayor Braun introduced and welcomed Patrick Ibarra, the new City Manager. ADJOURN TO Mayor Braun adjourned the meeting to Executive Session at 5:40 p.m. to discuss a matter EXECUTIVE SESSION: of real estate for approximately 15 minutes. RETURN TO The meeting returned to open session at 6:00 p.m. OPEN SESSION: CEREMONIAL Mayor Braun read aloud a Resolution recognizing the efforts of Interim Manager Jack MATTERS/ Piths. PROCLAMATIONS: Resolution Recognizing the Efforts of Interim Manager Jack Pittis Resolution No. 14-98 WORK SESSION: None. APPROVAL OF Councilman Doyle moved to approve the minutes of the regular meeting of July 7, MINUTES: 1998. Councilman Wiggins seconded the motion, which carried by a majority vote, with Councilmember McKeown abstaining due to her absence from that meeting. LATE ITEMS TO BE Interim Manager Piths stated there were two items to add to the agenda: one was an item PLACED ON THIS OR of real estate, and the second was with regard to a July 27, 1998, Utility Advisory FUTURE AGENDAS: Committee meeting and the status report of the Electrical Strategic Plan. Interim Manager -1- 3758 CITY COUNCIL MEETING July 21, 1998 LATE ITEMS TO BE Pittis suggested the meeting could serve as a special Council meeting which would PLACED ON THIS OR eliminate the need for the consultant to make two trips to report on the Electrical Strategic FUTURE AGENDAS: Plan. (Cant'd) FINANCE: A. Advertise for Fire Engine Bids Fire Engine Bids Mayor Braun reviewed the information provided by the Fire Department. Chief Becket stated Pete Burrer and Pat Rose, members of the Apparatus Committee, and Yvoune Ziomkowski from the Finance Department, were present to answer any questions the Council may have. Councilman Doyle, who participated on the Apparatus Comm/ttee, summarized why a new truck is needed and how it will be funded. Councilman Doyle asked if the old track could be utilized in the future if annexation should occur and a spare track was needed. Chief Becker responded there may be liability issues, and it would be his recommendation that consideration not be given to retention of the truck. He noted that the track wouldn't even be marketable to another mumcipality. Councilman Doyle stated he hoped that a program can be instituted so that, in the future, this money would not have to come fi'om the General Fund. Interim Manager Pittis stated that the City may qualify for a low interest State loan for this purchase. Yvonne Ziomkowski, City Treasurer, explained the loan program through the State Treasurer may prove to be beneficial in light of the favorable interest rate, which is currently at 4 1/2%. ChiefBecker responded to questions and provided clarification. At Council's request, Pete Burrett, Equipment Superintendent, explained why it will cost less to order a fire track this year instead of waiting until 1999. Lengthy discussion followed, and Chief Becker provided an explanation as to changes in technology and regulations, which make a new fire engine essential. Councilmember McKeown moved to authorize Equipment Services to advertise for bids for a new fire engine. Councilman Campbell seconded the motion, which carried unanimously. Bids for Landfill Expansion B. Award Bids for Landfill Cell #3 Expansion Mayor Braun reviewed the information provided by the Public Works Department and asked Interim Manager Pittis for further input, which he provided. Interim Manager Pittis was pleased to have Delhur awarded the bid, as the company provides quality work and is a local contractor. Councilman Campbell moved to accept the bid from Delhur Industries in the amount of $1,711,207.84 and authorize the Mayor to execute the construction contract. Councilman Wiggins seconded the motion, which carried unanimously. High School Sidewalk C. FinaI Acceptance and Pcryment for High School Sidewalk Project Project Mayor Braun reviewed the information provided by the Public Works Department. Interim Manager Pittis noted this project was complete and was made possible by State TIB funding in the amount of $200,000. Councilman Wiggins moved to accept the project, authorize f'mal payment to Lakeside Industries in the amount of $23,655.85 and release the retainage bond upon the receipt of clearances from the Department of Revenue and Labor & Industries. Councilman Williams seconded the motion, which carried unanimously. Interim Manager Pittis announced that the City had received a grant from TIB for sidewalks on 'T' Street. Airport Road Realignment D. Amendment to Contract with HIM, Inc. for Airport Road Realignment Project Project Mayor Braun reviewed the information provided by the Public Works Department and asked City Engineer Kenworthy for further input, which he provided. -2- 3759 July 21, 1998 Airport RoadRealignment Mr. Kenworthy responded to questions and prOvided clarification, after which Project (Cont'd) Councilmember McKeown moved to authorize the Mayor to sign the Supplemental Agreement (Amendment No. 2) in the added amount of $22,027.21 to the current agreement with Harding Lawson Associations Infrastructure, Inc. which increases the total not to exceed fee of the agreement to $222~237.30. Councilman Doyle seconded the motion, which carried unanimously. CONSENT AGENDA: Councilman Doyle moved to accept the Consent Agenda including! A. Acceptance of grant for school resource officer, B. Payroll - July 12, 1998 - $361,887.17; and C. ChecI( list - July 17, 1998 - $582,833.85. Councilman Campbell seconded the motion. Following brief discussion, a vote was taken on the motion, which carried unanimously. COMMITTEE Councilman Doyle stated he attended the ribbon cutting of the new teen scene which will REPORTS: be called "The Alley". It is a very nice facility and a great place for kids. Mayor Braun noted that Doyle McCfinley, Collection/Pre-Treatment Coordinator at the Wastewater Treatment Plant, had earned a Certificate of Competency for the Water District Manager #2. At Mayor Braun's request, Interim Manager Pittis explained what this entailed. The City Council has sent a letter of congratulations to Mr. McGinley. Councilman Doyle announced that the YMCA would be holding a grand opening for its cardiovascular unit at 1:00 p.m., Wednesday, July 22, 1998. Ordinances Not Requiring Public Hearings Senior Discount Income A. Senior Discount Income Level Adjustments Level Adjustment Ordinance No. 2994 Mayor Braun reviewed the information provided by the Finance Department and asked Scott Kenyon, Customer Service Representative, to summarize the proposed ordinance. Mayor Braun then read the Ordinance by title, entitled ORDINANCE NO. 2994 AN ORDINANCE of the City of Port Angeles, Washington, revising income limitations for the low income utility discount for senior citizens and amending Ordinance 2663 and Chapter 13.20 of the Port Angeles Municipal Code. Councilman Wiggins moved to adopt the Ordinance as read by title. Councilman Campbell seconded the motion, which carried unanimously. Construction Codes and B. Adoption of New Comtruction Codes and Fees Fees Ordinance No. 2995 Mayor Braun reviewed the information provided by the Public Works Department and asked Lou Haehnlen, Sr. Building Inspector, for a summary of any changes in the codes. Mr. Haehnlen noted that, at this time, no fee increases are recommended. After discussions with the Homebuilders Association, it was agreed that the level of fees will be revisited during the budget process. Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. 2995 AN ORDINANCE of the City of Port Angeles, Washington, adopting the 1997 editions of the Uniform Building, Mechanical, Fire, Plumbing and Sign Codes, the Washington State Energy Code, and the Uniform Code for the Abatement of Dangerous Buildings and amending -3- 3760 CITY COUNCIL MEETING July 21, 1998 Construction Codes and Ordinance 2552 as amended and Chapters 14.03 and 14.21 Fees of the Port Angeles Municipal Code. Ordinance No. 2995 (Cont'd) Counciimember McKeown moved to adopt the Ordinance as read by title. Councilman Wiggins seconded the motion, which carried unanimously. Resolutions Not Requiring a Public Hearing: None. Planning Commission Minutes: None. Other Considerations Alteration of Subdivision A. Alteration of Subdivision - SHP 78(2)8 Mayor Braun reviewed the information provided by the Planning Department, and Planning Director Collins provided additional input. Councilman Campbell moved to authorize the Mayor to sign the Mylar allowing amendment to the 1978 short plat, citing Findings 1-6, and Conclusions A-C as set forth in Exhibit "A" which is attached to and becomes a part of these minutes. Councilmember McKeown seconded the motion, which carried unanimously. Acceptance of Solid Waste B. Consideration of Acceptance of Solid Waste from Jefferson County. from Jefferson County Mayor Braun reviewed the information provided by the Public Works Department and asked Interim Manager Pittis for additional input. Interim Manager Pittis indicated that Jefferson County was quite anxious to obtain a decision from the City. Revenue generated by this endeavor would assist Port Angeles with post-closure costs. Councilman Doyle stated that he understood the Jefferson County Commissioners would be contacting the City Council members regarding ds issue; however, he has had no such contact. Local haulers pay $63 per ton; therefore, Councilman Doyle felt a 50% reduction, or $31.50 per ton, would be an appropriate rate. Discussion followed, after which Councilman Doyle moved to offer to accept the waste from Jefferson County at a rate of $31.50 per ton. Councilmember McKeown seconded the motion, which carried unanimously. C. Amendment to PUD Wholesale Water Contract PUD Wholesale Water Contract Deferred to next Council meeting. Agreement with Transit and D. Interlocal Agreement with Transit and Downtown Association for Port Angeles Downtown Association for International Gateway Transportation Center Gateway Project Deferred to next Council meeting. Industrial Water Supply E. Amendment to Industrial Water Supply Contract Contract Deferred to next Council meeting. PUBLIC HEARINGS A. REZONE APPLICATION- REZ 98-04 - OLYMPIC MEMORIAL HOSPITAL, QUASI-JUDICIAL: between Georgiana and Caroline adjacent to Chambers Street. Request to rezone property designated CO, Commercial Office, to PBP, Public Buildings Rezone - Olympic Memorial and Parks. Hospital Ordinance No. 2996 Councilman Doyle announced that he and his wife own property in this block; however, he did not feel the rezone affected him. He offered to step down from discussion should there be any objection. No objections were voiced, and Councilman Doyle remained with the Council. -4- 376q CITY COUNCIL MEETING July 21, 1998 Mayor Braun reviewed the information provided by the Planning Department. Director Collins offered several minor corrections to the information contained in the packet,. including a new Page 108 which had been distributed prior to the meeting. Mayor Braun opened the public heating at 7:05 p.m. Bill Lindberg, Lindberg Architects, 319 S. Peabody Street, represented Olympic Memorial Hospital. Mr. Lindberg described the project, explained why the rezone was requested, and responded to a question posed by the Council. There being no further public testimony, Mayor Braun closed the public heating at 7:07 p.m. and read the Ordinance by title, entitled ORDINANCE NO. ~996 AN ORDINANCE of the City of Port Angeles rezoning property located in Hart and Cookes Subdivision of Suburban Block 31 of the Townsite of Port Angeles from Commercial Office to Public Buildings and Parks and amending Ordinance 2801, as amended. Councilman Wiggins moved to adopt the Ordinance as read by title, citing Findings 1 - 10 and Conclusions A - C, as set forth in Exhibit "B', which is attached to and becomes a part of these minutes. Councilman Wimams seconded the motion. Following brief discussion, a vote was taken on the motion, which carried unanimously. Mayor Braun stated the next item would be the hearing on the Olympic Memorial Street vacation. PUBLIC HEARINGS - A. STREET VACATION PETITION- STV 98-02 OLYMPIC MEMORIAL OTHER: HOSPITAL: A portion of the alley between Georgiana and Caroline directly west of Chambers. Street Vacation - Olympic Memorial Hospital Councilman Doyle again offered to step down fi.om the issue, however, there were no objections to his participation. Mayor Braun reviewed the information provided by the Planning Depamnent and asked Director Collins for further input. Director Collins noted several corrections which were necessary, and referred to a corrected page of the Ordinance which had been distributed to Council prior to the meeting. Director Collins offered additional clarification on the issue and responded to questions. Mayor Braun opened the public hearing at 7:20 p.m. Bill Lindberg, Lindberg Architects, 319 S. Peabody Street, represented Olympic Memorial Hospital. Mr. Lindberg offered clarification to Condition #3 of the Ordinance. He informed the Council that the alley is actually be relocated rather than vacated. This will allow residences to the west to have access to their property from the alley. The relocation of the alley will improve parking and patient flow into the facility. Using the overhead projector, Director Collins provided additional clarification regarding the location of the alley, the parking facilities, and ingress and egress as noted in Condition #3. There being no further public testimony, Mayor Braun closed the public hearing at 7:30 p.m. and read the Ordinance by rifle, entitled -5- 3762 CITY coUNcIL MEETING July 21, 1998 PUBLIC HEARINGS - ORDINANCE NO. __ OTHER: (Cont'd) AN ORDINANCE of the City of Port Angeles vacating a portion of the alley between Georgiana and Caroline Street Vacation - Olympic Streets in Hart and Cookes Subdivision of Suburban Memorial Hospital Blocks 31 of the Townsite of Port Angeles. (Cont'd) Councilmember McKeown moved to adopt the Ordinance as read by title, citing Findings 1 -9, and Conclusions A - D as set forth in Exhibit "C" which is attached to and becomes a part of these minutes. Councilman Campbell seconded the motion. Following brief discussion, Attorney Knutson noted the compensation amount was blank in the ordinance. Apparently this matter had not been referred to the Real Estate Committee to determine that amount. Councilman Doyle stated a Real Estate Committee meeting is scheduled for Monday, July 27, 1998, and this was an agenda item. Attorney Knutson said the Ordinance cannot be adopted until the compensation amount has been determined; however, the Council can vote on approval of the street vacation. The previous motion was withdrawn, and Councilman Wiggins moved to approve the street vacation citing Findings 1-9 and Conclusions A - D, as set forth in Exhibit "C', which is attached to and becomes a part of these minutes. Councilman wimams seconded the motion, which carded unanimously. Director Collins expressed concern over the closing of the public heahng, as it precludes discussion of the compensation amount Councilman Doyle moved to reopen the public hearing. Councilmember McKeown seconded the motion, which carded unanimously. Mayor Braun and Councilman Williams excused themselves from the public hearings for Northwest Permit due to appearance of fairness and conflict of interest. Break Mayor Braun declared a recess at 7:32 p.m. The meeting reconvened at 7:40 p.m. Mayor Braun and Councilman Williams had departed the meeting. PUBLIC HEARINGS - B. REZONE APPLICATION- REZ 98-03 - NORTHWEST PERMIT, Ninth Street QUASI JUDICIAL: between Lincoln and Laurel Street: Request to rezone property designated RS- (Cont'd) 7, Residential Single Family, to CSD, Community Shopping District. Rezone - Northwest Permit Deputy Mayor Doyle reviewed the information provided by the Planning Department and asked Director Collins for additional input. Director Collins reviewed revisions made to the proposed Findings & Conclusions which, he noted, did not change the conclusions of the Planning Commission. Rather, they removed references to the specific project, except in Conclusion F. Deputy Mayor Doyle reopened the public hearing at 7:45 p.m. Scott Grainger, 600 University, Seattle, Washington, spoke on behalf of the applicant, Northwest Permit, and the owner, The Baldridge Group. Mr. Grainger stated that the applicant's Traffic Engineer and Architect were also present to answer any questions staff or Council might have. Theresa Schmid, 114 E. 9th Street, spoke in opposition to the rezone. Seventy-seven residents signed a petition against this rezone, and she urged the Council to listen to what the people are saying. Ms. Schmid expressed fear that the rezone would cause increased noise and traffic levels and perhaps invite voyeurism on 9th Street. Commercial growth should not be encouraged away from downtown, when commercial property is readily available for stores of this size. Ms. Schmid also felt the rezone would make this neighborhood a less desirable place to live. Councilman Campbell asked Ms. Schmid about her 9th Street traffic concerns, and she -6- 3763 July 21, 19~8 PUBLIC HEARINGS - replied by reading aloud from a statement she had prepared regarding possible future 9th QUASI JUDICIAL: Street traffic. (Cont'd) Nancy VanSiekle, 819 S. Laurel Street, spoke in opposition to the rezone. Ms. VanSickle Rezone - Northwest Permit agreed with Ms. Sehmid. She informed the Council that there is an espresso stand on the (Cont'd) comer of 9th and Lincoln Streets. Watching the morning traffic, Ms. VanSickle noted traffic would leave 8th Street, drive down Laurel to 9th Street (speeding) to reach the espresso stand. A child was almost hit by a car that was driving up to that stand. Commercial traffic has already increased due to Albertson's relocation to Lauridsen Blvd. Another commercial enterprise would make a bad matter worse. Ms. VanSielde also feared that the project would create another teenage hangout, such as is located at the AM/PM gas station. Businesses that remain open 24-hours seem to become the newest hangout. Ms. VanSickle also felt that parking would be decreased for the existing businesses in this area which would result in employees parking on 9th Street. Marsha Pearson, 118 E. 9th Street, spoke in opposition to the rezone. Ms. Pearson also was concerned about traffic and safety issues and echoed thc comments of Ms. Schmid and Ms. VanSickle. Ms. Pearson did not feel this rezone was advantageous to the City as it would not increase economic activity, but Would result in the displacement of existing businesses. Ms. Pearson stated that Mr. Grainger, Rite Aid's representative, gave sworn testimony at the Planning Commission public hearing, that if this rezone were denied, Rite Aid would not leave the area, but would remodel at its current location. Ms. Pearson urged the Council to deny this rezone. Discussion followed, and Ms. Pearson responded to questions and provided clarification regarding parking and traffic flow. Kathleen Bailey, 817 S. Laurel Street, did not oppose the rezone; however, she did agree that traffic was a problem on 9th Street and in the 8/9 alley. Ms. Bailey stated she grew up in this neighborhood and the commercial businesses have always been good neighbors. She felt Rite Aid was being blamed for a traffic problem that they did not create. Nancy VanSickle, 819 S. Laurel Slxeet, agreed that the existing businesses have been good neighbors. Ms. VanSielde was not opposed to Rite Aid, but rather to a 24-hour type of business. Theresa Sehmid, 114 E. 9th Street, stated that the Planning Commission vote was three to two on this issue, not four to two. The Planning Commission was divided on the issue based on traffic. Scott Grainger, 600 University, Seattle, Washington, thought Ms. Schmid was referring to the vote on the alley vacation and not the rezone. He stated that this was not going to be a 24-hour store. Marsha Pearson, 118 E. 9th Street, stated the increase in traffic at any hour of any given day was the main concern regardless of how long the store was open. She asked the Council to take into consideration an already over loaded street and not increase the problem by approving this rezone. A traffic study has proven an increase of 29 cars per hour turning onto 9th Street. Ms. Pearson was glad to learn it was not going to be a 24- hour business, but she maintained her opposition. Councilman Campbell asked Mr. Grainger if it were true that the existing store would be remodeled if the rezone was denied. Mr. Grainger stated he did not recall his exact words at the heating; however, this would be an option. Other options would be closing the store or looking for an alternative site. The final decision would rest with Rite Aid. Councilman Campbell asked why this site was chosen by Rite Aid, and Mr. Grainger described the basic criteria. -7- 3764 CITY COUNCIL MEETING July 21, 1998 PUBLIC HEARINGS - Councilman Campbell asked how many parking spots were proposed and Mr. Crrainger QUASI JUDICIAL: deferred to Mr. David May, the architect for this project. (Cont'd) David May, Mulvaney Partnership, 112 Fifth Ave. N., Seattle, Washington, stated 69 Rezone - Northwest Permit parking stalls are required and would be provided. (Cont'd) Director Collins stated Mr. Grainger's testimony fi.om the Planning Commission meeting could be found on Page 136 of the packet. Councilman Campbell asked for an explanation of the different tra~c ratings. Director Collins deferred to the applicant's traffic engineer. Mark Jacobs, traffic engineer, 2101 112th Ave. NE, Bellevue, Washington, explained the traffic analysis and ratings system. There was no further testimony, therefore, Deputy Mayor Doyle closed the public hearing at 8:40 p.m. and read the Ordinance by title, entitled ORDINANCE NO. ~ AN ORDINANCE of the City of Port Angeles rezoning property located in Block 268 of the Townsite of Port Angeles fi.om Residential Single Family to Community Shopping District and amending Ordinance No. 2801, as amended. Discussion ensued. Councilmember McKeown spoke in opposition to the rezone. She felt it would be an invasion of a residential district, and the traffic would be threatening to the safety of the children. Couneilmember McKeown felt allowing this rezone would compromise the quality of life in exchange for sales tax revenue. Councilman Wiggins agreed with Councilmember McKeown and felt the rezone would be an imposition on the neighbors and, therefore, he would be voting against it. Councilman Campbell stated he had walked around that neighborhood and sympathized with the residents; however, this neighborhood is already substantially commercial. Several businesses will be replaced, and the traffic fi.om those businesses should be subtracted fi.om that created by Rite Aid. This rezone is in compliance with the Comprehensive Platt or can be made to be in compliance. The City needs to be concerned with economic development. When investment is discouraged, the potential for the tax base is decreased and forces the cost of city services and infrastructure improvements back onto the citizens. The traffic problem on Lincoln Street is difficult; however, if the increase in traffic is the criteria for economic development, the City will have to shut its doors and no further investment will be possible. Councilman Campbell stated he was concerned about turning down this rezone and the opportunity to this new investment. Deputy Mayor Doyle agreed with Councilman Campbell. He also sympathized with the neighborhood. However, denying this rezone would not improve the existing traffic problem. Eventually this area will be developed. A future project may be less desirable than the current one. Councilmember McKeown agreed this area will be developed, however, she did not want to see development cross the 8/9 alley, and that is the issue. Councilman Wiggins understood Deputy Mayor Doyle's point of view. This is an opportunity to develop those four lots and get some return out of them. At Deputy Mayor Doyle's request, Director Collins explained the Comprehensive Plan map and what it reflects. Councilman Campbell moved to adopt the Ordinance as read by title, citing Findings 1 - 19 and Conclusions A - F. The motion failed for lack of a second. Couneilmember McKeown moved to instruct staff to bring back Findings and Conclusions to support denial of the rezone. Councilman Wiggins seconded the -8- 3765 July 21, 1998 PUBLIC HEARINGS - motion, which resulted in a tie with Councilmembers McKeown and Wiggins voting QUASI JUDICIAL: for the motion and Deputy Mayor Doyle and Councilman Campbell voting in (Cont'd) opposition. Rezone- Northwest Perrmt Attorney Knutson explained that, assuming Councilman Hulctt will have had thc (Cont'd) opportunity to listen to thc tapes, this item can be placed on thc next agenda and another motion can bc considered at that time. Discussion ensued regarding attendance at future Council meetings. Couneilmember McKeown moved to hold a special meeting regarding this rezone. Councilman Wiggins seconded the motion. Following brief discussion and clarification, a vote was taken on the motion, which carried unanimously. Director Collins reminded the Council that only parties of record will be notified of the special meeting; therefore, anyone who wishes to be notified should sign in and identify their interest in this matter. PUBLIC HEARINGS- B. STREET VACATION PETITION- STV 98-01 NORTHWEST PERMIT: A OTHER: portion of the 8th/9th Street alley between Lincoln and Laurel Streets: A proposal to vacate right-of-way Street Vacation - Northwest Permit Deputy Mayor Doyle reviewed the information provided by the Planning Department and asked Director Collins for further input. Director Collins pointed out that the compensation amount for the Ordinance needed to be addressed by the Real Estate Committee. Therefore, this action could not be completed tonight and should be continued. Director Collins pointed out that if the rezone is denied, this may be a moot issue. The public hearing must be conducted due to statutory time limits. Director Collins noted that the correct Findings and Conclusions had been distributed prior to the meeting.. Deputy Mayor Doyle reopened the public hearing at 9:10 p.m. Director Collins reminded the Council that anyone wishing to speak to this issue must indicate such on the sign in list. Scott Grainger, 600 University, Seattle, Washington, representing the applicant and property owner, stated Rite Aid and the Baldridge Group would cooperate with any requests the Police Department may have in monitoring the high risk/activity areas. Also, proposed development will include access to the alley; therefore, through access to Laurel Street would still be possible. Mark Ja6obs, Transportation Planning and Engineering, stated the City is aware of the traffic concerns on Lincoln at 8th and 9th Streets and has a transportation services and facilities plan that contains long-range issues and solutions. Implementation of some of these plans would alleviate some of the concerns for this intersection. Theresa Schmid, 114 E. 9th Street, spoke against the street vacation. She felt it would have a negative impact on the 9th Street residents. Ms. Schmid then listed the five street vacations which have occurred in recent years within this small area. All five vacations closed off an avenue of transportation connected in some way to 8th or Lincoln Streets. Ms. Schmid urged the Council to deny this vacation, again reciting her concerns regarding traffic and the safety of children walking to school. Nancy VanSickle, 819 S. Laurel Street, asked about traffic mitigation. Director Collins replied that $10,000 referred to for traffic mitigation was to identify improvements that might be needed to the intersection of 8th and Lincoln Streets to facilitate traffic flow. Ms. VanSickle stated the alley was not really being vacated. Part of the alley was going to be blocked offwith access to go around the building. There are presently problems in that alley. MS. VanSickle feared the alley would become a short cut for young people leaving the bowling alley and going over to Rite Aid to meet in the parking lot. Ms. VanSiclde was also concerned about ~ial Irucks driving through that area and parking for the other -9- 3766 CITY COUNCIL MEETING July 21, 1998 PUBLIC HEARINGS - commercial entities in that area. OTHER: (Cont'd) Kathleen Bailey, 817 S. Laurel Street, spoke in support of the alley vacation. Ms. Bailey gave the definition of an alley and stated this alley is being used as a by-product of 8th and Street Vacation - 9th Streets. Ms. Bailey stated she had surveyed Peninsula Counseling Center regarding Northwest Permit traffic flow and discovered 820 vehicles would pass through the alley in a week. (Cont'd) Estimating the use of the alley for the other businesses, the amount of traffic would not fit the definition of an alley. Ms. Bailey would like to see the alley vacated rather than being used as a street, as is currently occurring. Nancy VanSickle, 819 S. Laurel Street, stated she had performed her own traffic study and contacted Glass Services and they rarely use alley. She did not believe the sheet rock business used it either. Director Collins stated the remaining alley would remain open to the parking lot for the proposed project. There would be continued access through the alley for utility and emergency vehicles, therefore access for residential or commercial businesses accessing on the alley including Rite Aid. There was no further public testimony and Deputy Mayor Doyle closed the public hearing at 9:32 p.m. and read the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles vacating a portion of the alley between Lincoln and Laurel Streets located in Block 268 of the Townsite of Port Angeles. Councilmember McKeown voted to not accept the Ordinance as read by title and to request that staff draft f'mdings and conclusions to support this denial. Councilman Wiggins seconded the motion. The vote resulted in a tie with Councilmembers McKeown and Wiggins voting in support of the motion and Deputy Mayor Doyle and Councilman Campbell voting in opposition. Deputy Mayor Doyle stated a special meeting will be held when Councilman Hulett is available and the applicant and all participants will be notified of the meeting time and place. Attorney Knutson informed the Council that this issue cannot be discussed at all prior to the final decision being voted on. Break Deputy Mayor Doyle recessed the meeting for a break at 9:35 p.m. The meeting reconvened at 9:50 p.m., at which time Mayor Braun and Councilman Williams returned to the meeting. Ralston Short Plat Appeal C. Ralston Short Plat Appeal Mayor Braun reviewed the information provided by the Planning Department. Attorney Knutson asked for a revision of the usual public hearing order, as this is an appeal of a decision made by the Planning Director as short plat administrator. Attorney Knutson suggested the public hearing be opened and Director Collins be the first speaker to address the issue. Mayor Braun opened the public hearing at 9:55 p.m. Director Collins described the area under discussion and gave a review of the issue. He advised the Council that, in 1994, John Ralston had received preliminary approval to a short plat of Lot 4, Block 1, Highland View Acre Tracts. Having not fmalized that short plat, Mr. Ralston applied for a new short plat in 1998, which would subdivide the lot into three lots, all accessing on Park Avenue. The prior short plat included subdivision into four lots, with two fi'onting on Park Avenue and two fronting on Highland Avenue. - 10- 3767 July 21, 1998 Ralston Short Plat Appeal Director Collins continued that short plat design standards establish that panhandle, flag, (Cont'd) or dogleg lots may be permitted if the original parcel has insufl%ient width to reasonably provide each lot with a dedicated fight-of-way occurring within the interior of the plat and if there is no reasonable likelihood that standard rights-of-way could be provided in cooperation with abutting properties. With the use of overheads, Director Collins noted that, in this pa~dctdar situation, there is sufficient width to reasonably provide each lot with a dedicated fight-of-way as established by the 1994 preliminary plat approval. Therefore, in his opinion, the design standard for permitting panhandle lots has not been met. Further, Director Collins did not feel that the creation of more access curb cuts on Park Avenue would be desirable. He, therefore, denied the short plat. John Ralston, P. O. Box 1405, Port Angeles, appealed the denial of his short plat. Referring to Page 289 of the packet, Mr. Ralston stated that it can not be assumed that there will be more cufo cuts if he is allowed this short plat. Mr. Ralston felt one curb cut would allow access to three lots, and he expressed his willingness to enter into an agreement stating one curb cut would access all three parcels. Mr. Ralston cited other areas where one curb cut accesses a multitude of homes. Mr. Ralston stated Highland Avenue is currently 382 feet long. If Highland is extended to Race Street, wetlands will have to be crossed. Mr. Ralston suggested that the owner of Lot Three discuss with the City, a etd de sac or turn around. Using the overhead projector, Mr. Ralston demonstrated there was no access to Lot Four from Highland Avenue, and responded to questions posed by the Council. Loren Olson, 1132 Highland Avenue, spoke in opposition to the short plat reading from a letter he had sent to the Council on this issue which chronicled Mr. Ralston's efforts relative to the property in question. Mr. Olson felt Highland Avenue should be improved if more residences are going to be added. Director Collins spoke in rebuttal to Mr. Ralst°n's comment regarding the extension of Highland Avenue. State law requires adequate right-of-ways provisions must be made for future development of properties. Mr. Ralston believes Lots A, B and C could coordinate access to Park, it also easy for Lots l, 2, 3, 4, and 17 to coordinate access to Highland Avenue. Director Collins described how the property can be accessed while avoiding dogleg lots and without interfering with the value of Mr. Ralston's property. Director Collins responded to questions and provided additional clarification. Arliss Frederick, 1103 Grant Avenue, did not wish to see any additional homes added to this area. Ms. Frederick was concerned with the sewer system in tl~s area, as it is inadequate, and this situation must be resolved prior to new construction being allowed. John Ralston didn't feel he or Director Collins were qualified to discuss water drainage issues. He didn't feel his short plat would make any difference to the sewer problems that exist in that area. Mr. Ralston also spoke in rebuttal to Director Collins's suggestions regarding Highland Avenue. There was no further public testimony and Mayor Braun closed the public hearing at 10:43 p.m. Councilman Doyle moved to concur with the Planning Department and deny the appeal and uphold the denial of the proposed short plat of Lot 4, Block 1, Highland View Acre Tracts, citing Findings 1 - 11 and Conclusions A - C, as set forth in Exhibit "D', which is attached to and becomes a part of these minutes. Councilman Campbell seconded the motion. Discussion followed, and Councilmen Campbell and Williams explained why they felt the denial must be upheld. A vote,was taken on the motion, which carried unanimously. -ll- 3768 CITY COUNCIL MEETING July 21, 1998 Six-Year TIP and CFP D. Six-Year Transportation Improvement Plan (TIP) and Six-Year Capital Resolution No. 15-98 Facilities Plan (CFP) Mayor Braun reviewed the information provided by the Public Works Department and opened the public hearing at 10:50 p.m. Gary Gleason, 2211 E. 7th Avenue, a member and representative of the Non-Motorized Advisory Committee, reviewed the information provided by the Committee which was contained in the packet. Mr. Gleason thanked City staff for all the help in acting as advisors. Discussion followed, and Director Collins and Interim Manager Pittis responded to questions posed by the Council regarding the TIP and bicycle routes. Bob Titus, Deputy Director of Utility Services, pointed out that the TIP needs to be adopted this evening and forwarded to the State, but it is not required to be funded. The CFP must be funded and, therefore, the bicycle needs can be considered when decisions are made to allocate dollars. There being no further public testimony, Mayor Braun.closed the public hearing at 11:05 p.m. and read the Resolution by title, entitled RESOLUTION NO. 15-98 A RESOLUTION of the City Council of the City of Port Angeles, Washington, adopting the Six-Year Transportation Improvement Program for 1998-2003. Councilman Campbell moved to pass the Resolution as read by title. It was pointed out that the Resolution must be corrected to 1999 - 2004, which was acknowledged by Councilman Campbell as part of the motion. Councilman Wiggins seconded the motion, which carried unanimously. School Resource Officer E. Allocation of Federal Grant Funds for School Resource Office Program Program Vehicle. Mayor Braun reviewed the information provided by the Police Department and opened the public hearing at 11:10 p.m. There was no public testimony, and Mayor Braun closed the public hearing at 11:10 p.m. No action was necessary. Special UAC Meeting Councilman Doyle informed the Council that there would be a special UAC meeting on Monday, July 27, 1998, to hear a presentation on the Electrical Strategic Plan. Council is invited to participate in this event. Real Estate Other Considerations (Continued) Closure of the Heckman Property Interim Manager Pittis stated the option to purchase the Heckman property expires prior to the next Council meeting. The owner is holding the City's option money, which will be credited towards the purchase price of $150,000. Staff recommends this purchase move forward to aid the Gateway Project and improve downtown parking. Councilmember McKeown moved to exercise the option to purchase the Heckman property. Councilman Williams seconded the motion, which carried unanimously. Councilman Doyle asked if a work session can be held to give the Council more information on the Interlocal Agreement with Transit and the Downtown Association for the Gateway Project. A work session will be held at the next regular meeting. - 12- 3769 CITY COUNCIL MEETING July 21, 1998 Councilman Doyle requested a brief explanation of Item A, Information which was provided by Attorney Knutson.. ADJOURNMENT: The meeting was adjourned at 11:17 p.m ~-~ky-J. Upt~t~lerk I- - Gary~aun, Olayo~ - 13- 3770 This Page Intentionally Left Blank 3771 Exhibit "A" FINDINGS AND CONCLUSIONS IN SUPPORT OF ALTERATION OF SHP 78(2)8 - Morris: 1. Short Plat No. SHP 78(2)8 is located at the southeast comer of Eunice and Tenth Streets, in an RS-7, Residential Single Family zone. 2. The original two lot short plat was finaled on May 24, 1978. 3. On July 13, 1998, Mr. and Mrs. Richard Morris applied to alter the setback wording for SHP 78(2)8 to be consistent with standard setback requirements found in the RS-7 zone. 4. Wording placed on the two lot short plat is incomplete in that it does not provide for accessory structures to observe reduced setbacks such as are normally found in residential zones. It is believed this restriction was unintentional on the part of the original plattor. 5. The procedure for alteration of a subdivision is specified in RCW 58.17.215 and was followed in this proposal. 6. Ms. Elizabeth Montgomery, the remaining property owner in the platted area, agreed with the alteration and signed the proposed mylar along with the applicants as a result of the City's notification of the proposal. Conclusions: A. The action is in compliance with the prescribed alteration procedure for platted properties found in RCW 58.17. B. The resulting building footprint is in compliance with the City's RS-7 zoning and subdivision regulations and the City's Comprehensive Plan. C. Structures permitted on the properties as a result of the alteration will not be inconsistent with other property developments in the area. Adopted by the Port Angeles City Council at its meeting of July 21, 1998. Gary-)3raUn, l~layor- A-~-TEsT: B~k~--l~ton, Cit3~iffrk 3772 Exhibit "B" FINDINGS, AND CONCLUSIONS IN SUPPORT OF REZONE APPLICATION REZ 98-04, Olympic Memorial Hospital: Findings: Based on the information provided in the public record including the application file, the staff report and its attachments, comments received during the public comment period, and the Planning Commission's deliberation, the City of Port Angeles Planning Commission hereby finds: 1. The applicant, Olympic Memorial Hospital, submitted an application for rezone to the Planning Department on May 5, 1998. A Determination of Completeness was issued onMay 22, 1998. The public's written comment period ran from May 22, 1998, to June 3, 1998. 2. The proposal is to rezone 5½ lots, approximately 38,500 s.f. of property, from CO (Commercial, Office) to PBP (Public Buildings and Parks). (See Attachment A to the Planning Department Staff Report for REZ 98-04 dated June 24, 1998.) 3. The proposed rezone is part of the applicant's overall proposal to develop the subject site (the area of the proposed rezone) with a 15,000 to 20,000 s.f medical building. The overall proposal includes this rezone request and a street vacation petition for a portion of the Caroline/Georgiana alley adjacent to the subject lots. 4. The SEPA Responsible Official issued a Mitigated Determination of Non-Significance for the proposal on June 8, 1998 (included as Attachment B to the Planning Department StaffReport for REZ 98-04 dated June 24, 1998). The MDNS comment period for the MDNS ran until June 23, 1998. 5. No written comments were received for either the rezone application or the MDNS. 6. The area of the proposed rezone is designated Commercial by the City's Comprehensive Plan and is zoned Commercial, Office. 7. The properties adjacent to the subject site are designated by the City's Comprehensive Plan as follows: To the north: Commercial; To the south: Commercial; To the east: Commercial; and To the west: Commercial. 8. The adjacent properties are zoned as follows: To the north: CO; To the south: CO; To the east: CO; and To the west: CO. 3773 9. The area is level and is currently developed with two single-family residences and a multi-unit structure. The adjacent properties are developed with the following uses: To the north: medical offices; To the south: single family residences; To the east: single family residence; and To the west: single family residences. 10. The Hospital is a publicly operated health facility. Conclusions: Based on the information provided in the public record including the application file, the staff report and its attachment, written comments received during the public comment period, the Planning Commission's deliberation, and the above findings, the City of Port Angeles Planning Commission hereby concludes: A. The following Comprehensive Plan Policies are most relevant to the proposal, Land Use Policies A1 and A2, and D1 and D2. B. The proposed rezone is consistent with Comprehensive Plan Policies A1 and A2, and D1 and D2. C. The proposed rezone is in the public use and interest and is compatible with the surrounding zoning and land uses. Adopted by the Port Angeles City Council at its meeting of July 21, 1998. Gary l~raun, ~ayor ~ B~-ky-J. Up( 7 Clerk! C:\WPXDAILYhMEMO.CC3 3774 Exhibit "C" FINDINGS AND CONCLUSIONS IN SUPPORT OF STREET VACATION PETITION STV 98-02, Olympic Memorial Hospital: 1. The applicant for the requested vacation is Olympic Memorial Hospital. The application/petition is attached as Attachment A of the June 24, 1998 Planning Department Staff Report for STV 98-02. 2. The applicant revised the original site plan to address the concerns of the Police Department. The revised site plan is attached as Attachment A of the July 8, 1998 Planning Department Staff Report for STV 98-02. 3. The requested vacation is for that portion of the alley between Caroline Street and Georgiana Street abutting Lots 1, 2, 16, 17, 18, and the east one-half of Lot 3 of Hart and Cookes Subdivision of Suburban Block No. 31 in the Townsite of Port Angeles. 4. The street vacation is categorically exempt from threshold determination and Environmental Impact Statement requirements per Section 197-11-800(2)(h) of the Washington Administrative Code. 5. The subject right-of-way and adjoining properties are currently designated on the City's Comprehensive Plan Land Use Map as Commercial and zoned Commercial Office. 6. Multiple utilities including sewer and electrical lines are located in the subject right-of-way. 7. The subject right-of-way is currently improved. 8. The Public Works, Fire, and Police Department's original comments are included as Attachments B, C, and D of the June 24, 1998, Planning Department Staff Report for STV 98-02. 9. As noted in their letter presented to the Planning Commission on July 8, 1998, the Police Department's concerns, expressed in their letter dated May 19, 1998, have been adequately mitigated to their satisfaction. Conclusions: A. The Comprehensive Plan's Utilities and Public Services Policies C2 & 3 and Transportation Policy B18 as listed in the June 24, 1998 Planning Department Staff Report for STV 98-02 directly relate to the proposed vacation. B. As conditioned, the proposed vacation is consistent with the Comprehensive Plan's Utilities and Public Services Policies C2 & 3 and Transportation Policy B 18. C. As conditioned, the proposed vacation will result in improved public health facilities in the community. 3775 D. As conditioned, the proposed vacation will benefit the public health, safety and welfare. Adopted by the Port Angeles City Council at its meeting of July 21, 1998. Gary-~Braun, t~ayor' Be~cky J. Ut~,, ~ty ~let/~-- - 3776 Exhibit "D" FINDINGS AND CONCLUSIONS IN SUPPORT OF DENIAL OF RALSTON SHORT PLAT APPEAL - SHP 98-01' F n ngs: 1. A preliminary plat for four lots was prepared by the applicant, John Ralston, and approved on April 22, 1994. 2. A new preliminary plat prepared by the applicant, John Ralston, was submitted on April 13, 1998. 3. The subject property is identified by the Port Angeles Comprehensive Plan as Low Density Residential, which encourages residential development of up to 9 units per acre. 4. The subject property is identified by the Port Angeles Zoning Map as RS-7, which allows single-family dwellings on 7,000 square foot lots. 5. The proposed short plat creates three rectangular lots ranging from 9680 square feet to 12,544 square feet in size with widths that exceed the minimum 50 feet for the RS-7 zone. 6. The subject property is adjacent to Park Avenue which is a paved public street, and Highland Avenue, which is partially developed. Existing right-of-way on Park Avenue is 50 feet, and 30 feet on Highland Avenue. 7. Section 16.04 of the Port Angeles Municipal Code (PAMC) sets forth requirements for the submittal and approval of short plats. 8. Section 16.04.100 PAMC requires the Port Angeles Planning Director to determine if appropriate provisions for public health, safety and general welfare of the community have been made, and whether the public use and interest is served by approval of a proposed short plat application. 9. The Port Angeles Public Works, Light and Fire Departments reviewed the proposed short plat. Their comments have been incorporated in the preliminary review. . 10. The submitted preliminary short plat proposes two side by side panhandle lots. 11. Section 16.04.070(B)(5)(a) reads "Panhandle, flag, or dogleg lots may be permitted if the original parcel has insufficient width to reasonably provide each lot with a dedicated right-of-way occurring within the interior of the plat and if ' there is no reasonable likelihood that standard rights-of-way could be provided in cooperation with abutting properties." 3777 Conclusions: A. The proposed short plat is consistent with the Port Angeles Comprehensive Plan and Zoning Code. B. The proposed short plat is not consistent with the Port Angeles Short Plat Ordinance, Chapter 16.04 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW. C. The original parcel has sufficient width to reasonably provide each lot with a dedicated right-of-way. Adopted by the Port Angeles City Council at its meeting of July 21, 1998. AT~EST:' B~kyL~ton~ ~it~-~lerk --