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HomeMy WebLinkAboutMinutes 08/03/2004 5377 CITY COUNCIL MEETING Port Angeles, Washington August 3, 2004 CALL TO ORDER - Mayor Headrick called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 6:03 p.m. ROLL CALL: Members Present: Mayor Headrick, Councilmembers Braun, Erickson, Munro, Pittis, Rogers, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Bloor, Clerk Upton, B. Collins, M. Con_nelly, D. McKeen, T. Riepe, S. Sperr, T. Smith, G. Kenworthy, S. Roberds, and J. Hebner. Public Present: E. Tuttle, S. Zenovic, T. Ahlgren, R. Melvin, D. Vincent, Q. Boe, C. Kidd, M. Langley, C. Warne, W. Carson, and D. Yakovich. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilmember Pittis. ALLEGIANCE: PUBLIC CEREMONIES, None. PRESENTATIONS AND PROCLAMATIONS: WORK SESSION: WORK SESSION: Presentation on Sedimentation, Water Quality, and Dam Removal lssues : Bill Laitner, Superintendent of Olympic National Park, indicated this presentation was being made Presentation on at the invitation of the City Council for the purpose of addressing sediment behind the Sedimentation, Water Elwha Dams, as well as the effect the sediment would have on downriver resources. Quality, and Dam Removal Dr. Bill Jackson was present for this portion of the presentation. Secondly, Issues Superintendent Laitner and Dr. Brian Winter, who is the National Park Service Elwha Project Manager, plan to address the Elwha Dam removal options, the ultimate decision made on removal, and provide information relative to low flows. Superintendent Laitner informed the Council that Dr. Jackson is Acting Chief of the National Park Service Water Resources Division, Fort Collins, Colorado. Dr. Jackson, the recognized expert on sediment, received his doctorate in hydrology and has been working on the sediment issue and process on the Elwha Dams for about a decade. Dr. Jackson proceeded with the presentation, Elwha River Ecosystem Restoration Sediment Management. He indicated that controlled river erosion of sediments is the method of sediment management that was selected in the mid-60's, as it is a method that is quite compatible with the preferred method of deconstmction of the dams. It is an approach that keeps costs down, allows the budget to address anticipated impacts to downstream users and property, and it takes maximum advantage of the natural ability of rivers and river systems to heal themselves. Dr. Jackson cited the eruption of Mount -1- 5378 CITY COUNCIL MEETING August 3, 2004 WORK SESSION: Saint Helens and the abihty of the area rivers to heal themselves following a huge (Cont'd) magnitude of sediment. He indicated that the level of engineering and science involved in this sediment management alternative has been at an extremely high level. Presentation on Sedimentation, Water Dr. Jackson discussed an experimental draw down of Lake Mills that was conducted Quality, and Dam Removal in the late 90's. Several sediment experts gathered from around the world to observe, Issues (Cont'd) measure and quantify how sediments would be eroded, and the information gained resulted in the development, calibration and validation of some fairly elaborate computer models. These experts also helped in developing some monitoring options for this project. Subsequent to that effort, there was peer review and value engineering review where external experts from the government and private sector were brought in to look at this process, which was a very well thought out analysis. With the use of PowerPoint slides, Dr. Jackson advised the Council that the sediment volumes in Lake Aldwell and the Elwha Dam equate to 17.7million cubic yards. The delta is made up of boulders, cobbles, gravel, sand, and logs, and the lakebed is comprised of silt, clay, and logs. Showing pictures of the lake, Dr. Jackson indicated that much of the delta is comprised of sand, and the lakebed is basically muck. He explained how the dams will be removed in increments with the use of a diamond saw that would cut the dam into notches. A 7 ½ foot notch would be removed, followed by a two-weekpause in the stepdown process. Dr. Jackson explained that, when the lake is dropped, sand will hit the lake and begin to form a delta. He advised the Council that a replica of the dams has been constructed at the University of Minnesota so that the experts have a good feel for how the sediment will erode and redistribute into sediment terraces. Dr. Jackson described what to expect on the river during this effort noting that every time there is a notch removed there will be an increase in the flow. He discussed turbidity, and then addressed how much sediment would be released from the reservoirs. Referring to the suspended and bedload transport, Dr. Jackson indicated suspended sediment would efficiently wash to sea; however, the bedload sediment may temporarily reside as channel bars and floodplain deposits. Dr. Jackson discussed the Lake Aldwell drawdown related to the fish windows, and he indicated it is expected that turbidity in the river will increase significantly in the following three to five years, with a temporary impact on the aquatic environment. In addition, there will be short-term and long-term deposition of sand and gravel on the river bed, with increased rates of channel migration or avulsion. Dr. Jackson advised the Council that sediment impacts would be controlled to a manageable level by controlling the rate of dam removal, and removal would be temporarily halted if there was an indication that sediment impacts are significantly greater than predicted. The flood stage may increase 2 - 2 1/2 feet, but Dr. Jackson felt that figure might be conservative. He noted there would be a return of large woody material. Dr. Jackson summarized other factors that would be monitored, and he reviewed other alternatives that were considered but rejected. He then summarized the restoration plan to remove both dams concurrently in controlled increments in a 2 - 3 year time frame, to fully restore the site, to leave portions of the Glines Canyon Dam in place for historic preservation, to protect people and property, and to monitor and control sediment impacts to manageable levels. Discussion ensued, and Councilmember Pittis asked about Dr. Jackson's level of confidence in the stability of the terraces left behind that will revegetate. Dr. Jackson felt that, other than the terraced deposit, everything will become vegetated and will become fairly stable. Conncilmember Munro inquired as to whether the seasons have a bearing on the removal of the dams, and Dr. Jackson noted that the notches are designed to allow a flow of 1500 cubic feet per second, and the process would stop due to high flows or concerns about migrating fish. Councilmember Munro then asked how -2- CITY COUNCIL MEETING 5379 August 3, 2004 WORK SESSION: much the river will rise, and Dr. Jackson indicated that the cobbles will return and there (Cont'd) could be as much as a 2 1/2 foot of long-term continuing elevation increase of the lower river. He added that modeling has been very conservative, but he thought it may be Presentation on less. Councilmember Braun asked if there was any possibility that some of the dam Sedimentation, Water would break away during removal, and Dr. Jackson responded that the Bureau of Quality, and Dam Removal Reclamation had engineers evaluate the conditions of the upper dam, and it was learned Issues (Cont'd) the dam is in remarkably good condition in view of its age. Councilmember Rogers referenced the use of the word, reservoir, and she asked if that referred to a small pool that might form on the side. Dr. Jackson agreed that a reservoir is a pond of water and, when removed, the deposits of sediment would be left behind. Councilmember Rogers then asked for more information relative to the portions of the dam that would be left behind, Dr. Brian Winter approached the podium to respond, noting that the intent is to remove the concrete gravity arch to let the sediment go down stream and the fish up stream. The concrete monolith abutments on the side will be retained, as will the spillway, the light poles, the power house, and other structures that would involve low maintenance in order to provide the public with an interpretation as to why the dams were originally constructed and then ultimately removed. Councilmember Rogers posed a question as to the compatibility of the fish windows with the removal of the dams. Dr. Winter indicated that, for about 5 'A months out of each calendar year, the contractor will not be allowed to notch the dams, as the purpose is to allow the sediment to be released so the rivers cleans up to a point where the fish can survive in the background and not suffer through high spikes in sediment. He referenced the eruption of Mount Saint Helens, indicating the adult salmon avoided the mouth of the Toutle River. Because that threshold is unknown, the effort on the Elwha involves taking a conservative approach by having the contractor cease work during those periods when the river is cleaning itself. Dr. Winter added that high flow events may extend the period when work is not being conducted. Councilmember Rogers then noted the difficulty of having faith in the model of the 3 '/2 - 5 year time frame, and she inquired as to what the worst case scenario might be. Dr. Jackson responded this particular model was constructed using some very standard and traditional sediment transport models that have been used in the engineering field for a long time with a long history of performance. Those models were adapted to this situation with the added benefit of having more information available on how everything would behave. They have attempted to address the worst case situation through some of the selections ofhydrologies, but he acknowledged there may be some uncertainty which is why they developed the robust monitoring system. Councilmember Pittis inquired if the contractor will be prepared for a work stoppage in the event of any unforeseen circumstance, and Dr. Jackson responded that the contractor will be well aware that monitoring outcomes could result in a work stoppage. Mayor Headrick asked if any other dams of similar size have been removed, and Dr. Jackson was unaware of any removed that are of comparable size. Also, the Mayor asked if any other studies exist that could be applied in this particular removal, and Dr. Jackson indicated that, when this study was initiated, there was very little information available from other dam removals in terms of forethought and engineering design. Dr. Winter reviewed other systems that had been removed, and he indicated that data from Mount Saint Helens had been studied, but he was unable to find any other scientific data to apply to this situation. Councilmember Williams, referencing the Toutle River situation as well as others, inquired as to whether other cities had drawn water from the affected rivers and what was the impact. Dr. Winter indicated some of the rivers were effected by the depth of flow from the eruption, and the municipalities had to do dredging to get their Ranney wells operational again. Brief discussion followed, and Superintendent Laitner returned to the podium to address the question of why the National Park Service decided to remove both dams -3- 5380 CITY COUNCIL MEETING August 3, 2004 WORK SESSION: at one time. In so doing, Superintendent Laitner addressed the dam removal options (Cont' d) that were considered but rejected, explaining in detail the advantages and disadvantages of each option. In reviewing the option selected, that being to remove both dams at Presentation on once, Superintendent Laitner indicated this would be the most cost-effective method Sedimentation, Water to fully restore the Elwha River Ecosystem, and it would save the most fish during the Quality, and Dam Removal only one dam removal impact period. Further, this option would realize the maximum Issues (Cont'd) environmental and economic benefits. Mr. Laitner reviewed when low flows occur in the river on a month-to-monthbasis, and he summarized the projected hatchery water use by the Washington Department of Fish & Wildlife and the Elwha Tribe. The presentation concluded, and Mayor Headrick thanked Dr. Jackson, Superintendent Laitner, and Dr. Winter for the presentation. Break Mayor Headrick recessed the meeting for a break at 7:05 p.m. The meeting reconvened at 7:21 p.m. PUBLIC HEARINGS- Development Agreement- Green Crow Campbell Avenue Subdivision and Proposed OTHER: Planned Residential Development: Development Agreement- Mayor Headrick opened the public hearing at 7:22 p.m. Economic Development Green Crow Campbell Director Smith reviewed in detail the memorandum from the Council packet on the Avenue Subdivision and background of the proposed Development Agreement with Green Crow. The Proposed Planned agreement is the result of an effort to bring forward a proposed Green Crow Campbell Residential Development Avenue residential development, providing for the City and Green Crow to share in the improvement to public infrastructure in a broad area both onsite and offsite of the proposed development. Completion of the proposed onsite improvements and homes within the Green Crow Campbell Avenue 45-acre development would increase the City's tax base by substantially increasing the assessed value of the property in the amount of $25,000,000. Mr. Smith indicated that the offsite improvements would solve significant existing deficiencies regarding sewer infrastructure north of the proposed project. The project as envisioned and implemented through the proposed Development Agreement would be the City's first candidate for the NICE Neighborhoods Program as adopted by the City Council in April, 2004. Mr. Smith reviewed the potential costs to the City for the project, to include offsite improvements for the Park Avenue sewer reconstruction - $303,000; the Campbell Avenue street improvements- $50,000; power transformer cost sharing - $19,990; and a subsidy for the multi-family unit fire sprinklers - $9,600. Mr. Smith then reviewed the timing of improvements, noting that Green Crow has committed to completion of Phases 1 and 2 within 36 months of the signing of the agreement. Rick Melvin, 1697 E. Wabash, referenced the requirements for street improvements from Porter east on Campbell, asking if Wabash would be included as well. He noted there is ingress and egress off of Wabash. Mr. Smith responded this is the type of public input that will be sought during the PRD process. Mr. Melvin indicated he was not opposed to the Green Crow development, but he was concerned about the safety of the children in the area due to poor lighting and the narrow width of Campbell Avenue. He indicated the area is heavily congested and will be even more so with the addition of more residences. Wayne Carson, 1727 E. Wabash, indicated that his concerns were parallel with those expressed by Mr. Melvin. He, too, was concerned with the condition of Campbell Avenue in that it is very narrow, very congested, and there are no sidewalks and gutter. School children walk Campbell Avenue daily, and he was concerned with their safety especially in the winter when they are walking in the dark. He was hopeful Campbell Avenue would be made more user-friendly and safe for the residents of the area. Mr. Smith advised Mr. Carson that the plans include a widening of Campbell Avenue, as well as an all-weather walking surface. Street lighting is intended for the intersections. City Engineer Kenworthy offered more detailed information as to what is intended for -4- CITY COUNCIL MEETING 5381 August 3, 2004 PUBLIC HEARINGS - Campbell Avenue improvements, and Councilman Williams inquired as to the cost of OTHER: a light pole to add more lighting. Engineer Kenworthy approximated the cost at $2,500 (Cont'd) each, and Councilmember Williams suggested the possibility of solar powered lighting. Development Agreement - Councilmember Munro was pleased with the arrangement, and he inquired as to what Green Crow Campbell would protect the City in the event the economy sustains a downturn, thus making it Avenue Subdivision and difficult to proceed with the development. Mr. Smith indicated this is a legally binding Proposed Planned agreement and, at the very least, Green Crow is required to complete 32 lots and homes Residential Development in the subdivision and 12 lots and homes in the PRD, for a total of 44 within 36 months (Cont'd) of the signing of the agreement. Dennis Yakovich, representing Green Crow, advised the Council he would want to commence work fight away if the agreement is approved. He informed the Council that, if the weather cooperates, Phase I should be complete and ready to sell before the rain arrives. Phase II will also be completed if the sewer is completed as planned by the City, so it will take the commitments made by both parties to see the project come to fruition. Phase I of the PRD process has also been committed to by Green Crow, and they will commence that process and have it submitted to the City in the fall. Mr. Yakovich indicated that Green Crow worked very hard with staff to get a working document, and he emphasized his desire that this effort constitute a parmership. He shared Green Crow's desire to create an asset for the City. Manager Quinn added that, from the City's perspective, even if the economy were to suffer a downturn, this is still a good project because it clears up infrastructure problems that will create opportunities for property development and jobs. He felt this will be a great partnership. Mr. Yakovich then proceeded to show the Council several pictures that depicted what Green Crow envisioned in terms of the style of homes in the new development. Peter Ripley, Port Angeles Journal, asked if the multi-family housing would have wheelchair access, and Mr. Yakovich responded that some of them would, in fact, have the appropriate access. Mr. Yakovich further described the "feel" and quality they are attempting to create with the development, and he cited examples from other housing areas. Councilmember Williams inquired as to the site development plan, and Director Collins indicated that would be addressed at the time of the PRD. Councilmember Pittis felt it would be helpful to have a thorough analysis of the impacts to the General Fund, which led to lengthy discussion as to a cost and benefit analysis, as well as ultimate impacts to services funded and provided. Lengthy discussion followed. Mayor Headrick closed the public hearing at 8:10 p.m. Councilmember Rogers moved to authorize the Mayor to sign the Development Agreement with Green Crow for their Campbell Avenue Subdivision and proposed Planned Residential Development. The motion was seconded by Councilmember Erickson and carried unanimously. Individual Councilmembers congratulated Green Crow and staff for their diligence in bringing this agreement forward. LATE ITEMS TO BE Mayor Headrick inquired as to the need for an Executive Session, and Attorney Bloor PLACED ON THIS OR responded there was a need to discuss two items subject to Subparagraph (i), RCW FUTURE AGENDAS: 42.30.110, to discuss with legal counsel representing the agency matters relating to potential litigation to which the agency is likely to become a party, when public knowledge regarding the discussion is likelyto result in an adverse legal or financial consequence to the agency. Cherie Kidd, 101 E. l0th Street, applauded the Council for its vote in support of development. She also offered kudos to Mayor Headrick, Manager Quinn, and Economic Development Director Smith for pioneering the Port Angeles Pride effort in -5- 5382 CITY COUNCIL MEETING August 3, 2004 LATE ITEMS TO BE cleaning up the City. PLACED ON THIS OR FUTURE AGENDAS: Cynthia Wame, 715 E. 4th Street, addressed the Council on the possibility of building (Cont'd) a new swimmingpool at the site of Jesse Webster Park. She felt the area did not need another concrete development at a cost much higher than renovations costs for the current pool. Councilmembers Pittis, Rogers, Erickson, and Braun shared their perspectives of the Council's direction to staff in considering the Jesse Webster Park as a potential site for a pool. Peter Ripley, 114 E. 6th Street, a member of the Swimming Pool Renovation Committee, spoke in support of a central location for the pool and inquired as to whether a bond issue was a consideration. Mayor Headrick and Manager Quinn responded that a bond issue would be a financing option to be considered. Ed Turtle, 3909 Old Time Place, felt it would be foolish to renovate the pool, and he expressed the opinion that Jesse Webster Park would be an ideal location for a new pool. FINANCE: Procurement of Electrical Transformers: Procurement of Electrical City Engineer Kenworthy presented information pertinent to the purchase of pad Transformers mounted, single phase distribution transformers. In selecting the companies to whom the bids will be awarded, he indicated that staff evaluates not only the unit price, but the life cycle cost for a tree cost of the transformer. Councilmember Munro cited the evaluated life cycle cost, presuming it related to maintenance over the long term, and he asked if a financial analysis had been conducted that incorporated a discount rate. Mr. Kenworthy indicated he was uncertain that such an analysis had been completed, and he offered to provide the analysis. After further discussion, Councilmember Rogers moved to table the matter pending further review. The motion was seconded by Couneilmember Pittis and carried unanimously. CONSENT AGENDA: CouncilmemberBraun moved to accept the Consent Agenda, to include: 1.) City Council Minutes of July 20, 2004 Regular Meeting and Special Meeting of July 22, 2004; 2.) Expenditure Approval List - July 23, 2004, - $660,360.54; 3.) Elwha Underground Electrical Rebuild, Phase I, Project 02-11; 4.) 2004 Water Main Improvements, Project No. 04-01; and 5.) Solid Waste Rate Study. The motion was seconded by Councilmember Erickson and carried unanimously. CITY COUNCIL None. COM1VIITTEE REPORTS: ORDINANCES NOT None. REQUIRING PUBLIC HEARINGS: RESOLUTIONS: Petition for Vacation of Property - STV 03-03 - Port of Port Angeles - Portion of "K" Street: Petition for Vacation of Property - Port of Port Community Development Director Collins informed the Council that the Resolution Angeles - Portion of"K" would set a public hearing for September 7, 2004; he noted that the time of the hearing Street should be corrected from 6:00 p.m. to 7:00 p.m. Councilmember Erickson moved Resolution No. 13-04 to pass the Resolution, the title of which is as follows: -6- CITY COUNCIL MEETING 5383 August 3, 2004 RESOLUTIONS: RESOLUTION NO. 13-04 (Cont'd) A RESOLUTION of the City Council of the City of Port Angeles, Petition for Vacation of Washington, setting a hearing date for a petition to vacate a portion Property - Port of Port of"K" Street in Port Angeles, Washington. Angeles - Portion of"K" Street Councilmember Braun seconded the motion, which carried unanimously. Resolution No. 13-04 (Cont'd) OTHER 1. Request from Clallam Transit System for City Council Representative to CONSIDERATIONS: Attend a Meeting to Review the Composition of the Governing Body of the Public Transportation Benefit Areas, as per RCW 36. 57,4: Request from Clallam Transit System for Council Mayor Headrick briefly reviewed the request submitted by Clallam Transit System, and Representative to Review Councilmember Pittis suggested that Councilmember Braun, as Chair of the Transit PTBA Governing Body Board, be appointed as the representative. Councilmember Erickson moved to appoint Councilmember Braun as the City Council's designated representative to review the PTBA Governing Body. The motion was seconded by Councilmember Rogers and carried unanimously. Preliminary Subdivision - 2. Preliminary Subdivision - Mountain View Estates - 2500 Block West 10'h Mountain View Estates Street: Request for Consideration o fa 33- Unit Subdivision in the RS-9 Zone: CommunityDevelopment Director Collins presented informationrelative to a proposal to develop a 33-unit subdivision on an approximately 10-acre site located between Milwaukee Drive and West 10~ Street. He advised the Council that the Planning Commission had recommended approval. Director Collins provided a correction to Condition 5, Packet Page 61, wherein the language should be changed from an 8-inch water service to an 8-inch water main. In addition, he noted that Conclusion E had been removed. With the use of an overhead map, Director Collins explained that the neighborhood prefers that improvementsbe made to West 10~ Street as opposed to Milwaukee Drive· Also, the property to the east of the proposed development is City-owned and is proposed as a City park. Therefore, should that occur, the City would be expected to participate in street improvements as well. Director Collins clarified that the conditions leave the option to the developer as to which road would be improved back to the fully developed street. Councilmember Pittis inquired as to who would be responsible for maintaining the small triangle of property in Milwaukee Drive, and Director Collins responded that an issue such as that would be resolved at the time of the f'mal plat, as it could be eliminated and made a part of the adjoining lot. Councilmember Pittis pointed out that it was unclear as to what would be approved for a play area, and Director Collins felt it would make sense for the developer to participate in and contribute to the City park as opposed to creating a minimal play area in the development. Additionally, he felt that the chosen location wouldbe the least safe for the children. Councilmember Pittis questioned the legitimacy of requiring participation in a City park that is as yet unplanned. Quint Boe, a principal in the corporation doing the development, approached the · ' podium and questioned the approl~riateness of Condition 2. He felt the developer was - ~ : ' being asked to.lm, prove a street beyond their development and, c~t~ng the Development ~ . - ' ' · '. ', ~ Agreement just appro,(ed~ he questioned the fairness of such a condition. Director Collins indicated this language had been crafted by the Planning Commission in response to a request from the applicant. Mr. Boe submitted to the City Clerk some proposed language that he had written as an alternative to Condition 2. -7- 5384 CITY COUNCIL MEETING August 3, 2004 Preliminary Subdivision- Lengthy discussion followed, and Councilmember Pittis moved to table Mountain View Estates consideration of the preliminary subdivision for two weeks to obtain resolution (Cont'd) on the street improvements. The motion died for lack of a second. Assistant Planner Roberds further addressed the street improvements, indicating that the Planning Commission had attempted to provide flexibility by writing Condition 2 as presented to the Council. Mayor Headrick suggested deleting the words, "...from the intersection of Milwaukee Drive ..." from Condition 2. Discussion centered around Condition 10, and Director Collins reminded the Council that recreational amenities must be provided in subdivisions greater than 30 lots. The Planning Commission had added the aspect of the developer contributing to the City park; however, Director Collins acknowledged that Councilmember Pittis was correct in that there is no formal plan for a park at that location. It was recalled that the Real Estate Committee had addressed this particular City property in conjunction with park considerations, and Councilmember Pittis pointed out that the City is in need of land for storm drainage in the area. After further consideration, Councilmember Williams moved to concur with the recommendation of the Planning Commission to approve the Mountain View Estates preliminary subdivision, citing Conditions 1 - 10, inclusive of amended Condition 2, corrected Condition 5; Findings 1 - 23; and Conclusions A - E, as set forth in Exhibit "A" which is attached to and becomes a part of these minutes. The motion was seconded by Councilmember Rogers and carried 6 - 1, with Councilmember Pittis voting in opposition. Councilmember Pittis noted that his vote was not in opposition to the subdivision but, rather, it was reflective of his concerns as stated. Preliminary Subdivision- 3. Preliminary Subdivision Ludwick - DelGuzzi Drive: Request for Ludwick Consideration of an l l-Unit Subdivision in the RS-9 Zone: Director Collins summarized the proposed development of an 11-unit subdivision on an approximately 5-acre site located on DelGuzzi Drive near the intersection with Lindberg Road, noting the Planning Commission had voted in support of approval. Director Collins advised the Council that Condition 6 had been rewritten by staff because of the landlocked properties adjacent to Lots 5 and 6. The developer must provide access through an easement, or sell the property to the adjacent property owner. Director Collins added that, when the City did its own preliminary plan for that property, there were seven lots in the development. However, with this particular developer, ten lots were made a part of the development. Mayor Headrick inquired as to whether the developer had contacted the adjacent property owners, and Steve Zenovic approached the podium to respond on behalf of the developer. He indicated his client had not yet contacted the property owners. There was, however, no concern, as his client fully intended to give the adjacent property owners 30 feet of property. Councilmember Munro asked if the Mantooth's had provided any input to this proposal, and Assistant Planner Roberds indicated there had been no input on this specific development. Director Collins briefly discussed the provisions related to stormwater, which will occur onsite. Following brief discussion, Councilmember Rogers moved to concur with the recommendation of the Planning Commission to approve the Ludwick preliminary subdivision, citing Conditions I - 7, inclusive of the amended Condition 6; Findings 1 - 24, and Conclusions A - I, as set forth ~ in Exh. i~}it "B" which is at. tna~chaed,,t.o.~n,d.~ecomes a PUBLIC HEARINGS- None. .e~0/~/l~ . QUASI-JUDICIAL: -8- CITY COUNCIL MEETING 5385 August 3, 2004 Break Mayor Headrick recessed the meeting for a break at 9:17 p.m. The meeting reconvened at 9:24 p.m. INFORMATION: Manager Quinn referenced items in the Information Packet, such as the Change Order status report and the update on the Elks Naval Lodge fire. Councilmember Williams inquired as to whether there had been any claims filed in conjunction with the recent BPA power outage; Manager Quinn responded that no such claims had been filed to his knowledge. EXECUTIVE SESSION: Mayor Headrick announced there was need for an Executive Session with two items subject to Subparagraph (i), RCW 42.30.110, to discuss with legal counsel representing the agency matters relating to potential litigation to which the agency is likely to become a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. The projected closing time for the Executive Session was 10:15 p.m., and it was announced that action may be taken. Councilmember Williams stated, for the record, if there was any possibility of an Executive Session about the Determination of Non-Significance appeal, other than a narrow band of talking about litigation, he would register his strong objection to anything other than an open session. Councilmembers Erickson and Pittis agreed. The Executive Session convened at 9:30 p.m., and at approximately 10:15 p.m., the Executive Session was extended to 11:30 p.m. by announcement of the Mayor. RETURN TO OPEN The Executive Session concluded at 11:30 p.m., and the Council reconvened in regular SESSION: open session. Councilmember Pittis moved to have an open meeting on deliberations on fluoride scheduled for the August 17, 2004, City Council meeting. The motion was seconded by Councilmember Williams and carried unanimously. Councilmember Rogers moved to approve the Memorandum of Understanding with the National Park Service and the Lower Elwha Tribe, to include the following three amendments: 1.) That exhibits referenced in the Authority Section be renumbered; 2.) That Section 9, Transfer Agreements, would have some minor language changes to clarify language relating to the transfer of facilities to be transferred; and 3.) To strengthen language in the MOU to the extent that nothing is intended to diminish the City's rights under EREFRA. The motion was seconded by Councilmember Erickson and carried 6 - 1, with Mayor Headrick voting in opposition. Councilmembers commented they were willing to supportthe agreement, as it was likely the best agreement in view of the consensus reached by the parties. It was suggested that a letter of transmittal accompany the Memorandum of Understanding, outlining the CiW's general concerns regarding the MOU. All concurred. ADJOURNMENT: ~ The meeting was adjourned at 11:38. p.m. v Richard A. H['a~drick,~Mayor ' B~cky ~I.-l~l~td~City~erk .... -9- Exhibit "A" 5386 CONDITIONS, FINDINGS AND CONCLUSIONS IN SUPPORT OF THE MOUNTAIN VIEW ESTATES PRELIMINARY SUBDIVISION: Conditions: 1. Local access streets shall be constructed per the City's urban service standards, which includes a 20' asphalt surface with ditches and a minimum 4' all weather surface walkway separated from the roadway by the ditch prior to approval of the final plat. Signage shall be placed on all streets developed to low impact development standards indicating that on-street parking is prohibited along both sides of the streets. 10' radii shall be identified on Lots 7, 8, 21, 22, and 23, and open space area for turning shall be located at roadway intersections. 2. Street improvement to the Milwaukee Drive right-of-way along the frontage of the subdivision shall be placed in accordance with the City's Urban Services and Design Standards for arterial streets/bicycle routes that includes an 8' all weather surface walkway and bike route. Street improvements from the western boundary of the subdivision along West 10th Street to N Street connecting to the nearest fully improved street shall be made per the City's Urban Services and Standards Guidelines that includes a 4' all weather surface walkway with ditches if developed to the City's low impact development standards. Street trees shall be planted on the fronting lots along West 10th Street per the City's Urban Services and Guidelines Policy 3G. 100 Street Trees and Landscaping. 3. Fire hydrants shall be placed and spaced as required by the City's Fire Department to a maximum 1000' of separation distance. Wording shall be placed on the final plat and recorded with the County Auditor upon filing of the final subdivision indicating that all residences shall be fitted with residential sprinkler systems prior to occupancy. 4. Electric utility service to the subdivision shall be underground. 5. Prior to final plat approval, an 8 inch water main shall be extended through the subdivision as required by the Public Works and Utilities Department. 6. Stormwater plans shall be submitted for approval per the City's Urban Services Standards and Guidelines and installed prior to final plat approval. 7. Sanitary sewer shall be extended to the new lots as required by the Public Works and Utilities Department. 8. Building address numbers provided by the City's Building Division shall be placed on the final plat. 9. The applicant shall place a statement on the plat and make it known to all subsequent purchasers of the lots that said lots are in the proximity of the William R. Fairchild International Airport and that the Port of Port Angeles does not wan'ant that these lots will always be outside the lowest noise contour currently established for residential use. 5387 Findings and Conclusions - Mountain View Estates August 3, 2004 Page 2 10. The applicant shall provide a play area suitable for small children living in or visiting the proposed residences or shall contribute to the development of the City's undeveloped park adjacent to the subject site per the approval of the City's Park and Recreation Director. Findings: 1. Preliminary approval is for the 33-unit subdivision submitted by Clark Land Office on June 8, 2004, for Darrel Vincent identified as being Suburban Lot 46 within the Townsite of Port Angeles and located in the 2300 Block of Milwaukee Drive extending to West l0th Street. The site is approximately 10 acres in size and is nearly square in configuration. 2. The subject property is identified by the Port Angeles Zoning Map as Single Family Residential (RS-9) which allows a density of up to 6 units per acre. The proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000 square feet in area. 3. The purpose of the City's RS-9, Residential Single Family zone is a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on larger than standard Townsite-size lots. Uses that are compatible with and functionally related to a single family residential environment may be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for a variety in the urban land use pattern for the City's single family residential neighborhoods, following a curvilinear street system of nonthrough public and private streets with irregularly shaped lots, minimum 75-foot front lot lines, and 60-foot rights-of-way for collector arterial streets in large rectangular blocks and usually located in outlying areas with large tracts of vacant buildable land. 4. The subject property is identified as Low Density Residential (LDR) on the Port Angeles Comprehensive Plan Land Use Map. 5. The Comprehensive Plan requires concurrency at the time of development for streets, water service, sanitary sewer service, and electrical service (Capital Facilities Element Policy A.9) and should require concurrency at the time of development for solid waste collection, stormwater management, telecommunications service, and emergency service (Capital Facilities Element Policy A. 10). The proposal has been reviewed with respect to the Comprehensive Plan and the following Comprehensive Plan policies are relevant to the proposal: Growth Management Element Goal A; Land Use Element Goal A and Policy A.2; Goal B and Policies B.1, B.2, B.3, B.4, and Goal C; Transportation Element Goal A and Policies A.3, A.6, B.10, B.11, B.14, and B.18; Utilities and Public Services Element Policy C.2; Capital Facilities Element Goals A and B and Policies B.1, B.3, B.4, B.5, B.6, B.7, and Goal C, Policies C.2, C.3 and C.4. Findings and Conclusions- Mountain View Estates 5388 August 3, 2004 Page 3 6. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the approval of subdivisions. Section 16.08.050(B)(1) PAMC provides that the Planning Commission shall examine the proposed plat, along with written recommendations of City Departments and shall either approve or disapprove the submittal. A recommendation thereon shall be forwarded to the City Council within a period of 90 days after a preliminary plat has been submitted to the City Department of Community Development. The City Council shall either approve or disapprove the proposed preliminary plat at a public meeting. Said preliminary approval shall become void unless a final plat is submitted and approved by the City within the five year period. 7. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform division of land within the State. Section 58.17.110 requires a city to inquire into the public use and interest proposed to be served by the establishment of a subdivision and determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys and other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and schools and shall consider all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school and whether the public interest will be served by the subdivision. A proposed subdivision shall not be approved unless the city can make written findings that these provisions are made. 8. The Port Angeles Public Works and Utilities, Department of Community Development, Parks and Recreation, and Fire Departments reviewed the proposed subdivision. Their comments and specific conditions have been incorporated into the Department's recommendation. Water, power, garbage pickup, telecommunications, sewer, and emergency services are available within acceptable standards to the site or will be extended through conditions to the preliminary plat. 9. The subdivision will create three new interior access streets that must be developed to City standards per the City's Urban Services and Standards Guidelines. 10. The site is currently served by Milwaukee Drive and West Tenth Street. Milwaukee Drive is improved to one-half width but West Tenth Street is unimproved with a gravel surface. Milwaukee Drive is an arterial and a designated bicycle route but is not a school walking route. "N" Street (to the east of the area) is partially designated as a school walking route. Improvements to Milwaukee Drive will be required such that the final roadway is an improved width of 24' with a ditch and 8' pedestrian/bicycle path established on the south side per the City's new suburban low impact development standards. West Tenth Street from the Milwaukee Drive/Tenth Street intersection east to the acceptable road improvement on West Tenth Street ( toward "N" Street) shall be developed to the City's Urban Services and Guidelines Standards which will include a 4' pedestrian path. 11. Using data provided in the Trip Generation Manual, 5th Ed. (Institute of Traffic Engineers, 1991), a maximum of 320 average daily vehicle trips (ADT) may be generated at full build out of the subdivision. Based on the 1989 "City and County Design Findings and Conclusions - Mountain l/Jew Estates 5389 August 3, 2004 Page 4 Standards for the Construction of Urban and Rural Arterials and Collectors", the appropriate width for a minor collector with an ADT of less than 400 is 20 feet of paved surfacing. Right-of-way for residential streets will be dedicated within the subdivision to provide a minimum 20' improved roadway surface with a pedestrian walking path. Adequate right-of-way exists within the existing 100-foot right-of-way for Milwaukee Drive to complete a 24-foot asphalt surface with ditching and 8-foot walking/bicycle path. Approximately 2.16 acres of land will be developed as streets. 12. The City's low impact development standards for suburban areas were adopted in 2003 with the understanding that subdivisions developed under the reduced standards would not allow for on-street parking. Site development and design for residential lots developed under the lower impact standards need to accommodate resident parking and visitor parking on-site. Roadside ditches developed under low impact development standards should be kept free of debris. 13. The proposal was reviewed with regard to the City's Subdivision Ordinance (Section 16.08 PAMC) which provides specific design standards which are expected of subdivisions within the City limits while the City's Urban Services Standards and Guidelines indicates that street trees should be planted along arterial streets and provides guidance for such placement and tree species. The design standards identified in Section 16.08.060 F PAMC state that street trees are a protection against excessive heat and glare and enhance the attractiveness and value of abutting property. The City will assist the subdivider in location of trees and species to use under varying conditions. It is recommended that trees be planted inside the property lines where they are less subject to injury, decrease the chance of motor accidents and enjoy more favorable conditions for growth. If trees are to be planted within the right-of-way, proposed locations and species to be used must be submitted for review and approval by the City. 14. There are no environmentally sensitive areas on the site. The site is flat and is not considered a frequently flooded area nor is it listed on the Federal Emergency Management Act (FEMA) maps which denote those areas that are within 100-year flood areas. 15. The owner of a construction site which disturbs a total of five acres or more of land area that has a discharge of stormwater to a surface water or storm sewer system must apply to the State Department of Ecology for a General Permit for Stormwater Discharge Associated with Construction Activities. 16. Building permits are required for all structures within the subdivision. All local building and Fire Codes shall be complied with during construction including residential sprinkler systems. 17. The Port Angeles School District has been notified of the development to allow them to plan for needed public school facilities and routes. School busses travel along "N" Street. Hamilton School is the closest school to the site. Findings and Conclusions - Mountain View Estates 5390 August 3, 2004 Page 5 18. The City's Parks Department responded that they are aware of the preliminary proposal and do not believe the level of service for the area will be hampered as a result of the development. The City's LOS for parks and recreational services is 1/3 acre for 1,000 population. An undeveloped wooded property donated to the City for a park use is located on property adjacent to the subject site along "N" Street. The nearest public playground area is located approximately one-half mile east (Crown Park) or east (Lincoln Park). 19. The site will be serviced by the City's Police, Fire, and Public Works Departments. All utilities including potable water, sanitary waste, and refuse collection are available in the area. Transit service is available along "N" Street east of the site. 20. The City's State Environmental Policy Act (SEPA) Official issued a Determination of Nonsignificance for the preliminary subdivision on July 9, 2004, therefore satisfying the City's responsibility under the Act. 21. The William R. Fairchild International Airport is located south of the site. Port of Port Angeles staff has been notified of the proposed subdivision proposal and per agreement with the Port, it is expected that those who purchase properties in the final subdivision will be aware of the existing on-going airport operation. 22. The Planning Commission's decision is a recommendation to the City Council. The Commission acts as the City's hearing body for preliminary_ subdivision approval. Reports are advisory only to ensure conformance of the proposed subdivision to the general purposes of the City's Comprehensive Plan and to planning standards and specifications adopted by the City. 23. Property owners within 300 feet of the proposed subdivision were mailed notice of the proposal and the property was posted on June 16, 2004. Publication appeared in the Peninsula Daily News on June 22, 2004. No written comments have been received to date. Conclusions: A. As conditioned, the proposed short plat is consistent with the Port Angeles Comprehensive Plan and Zoning Code. B. As conditioned, the proposal is consistent with the Port Angeles Subdivision Ordinance, Chapter 16.08 PAMC, and Chapter 58.17 RCW of the Washington State Subdivision Act C. As conditioned, appropriate provisions have been made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. Findings and Conclusions - Mountain l~iew Estates 5391 August 3, 2004 Page 6 D. As conditioned, signage educating residents and visitors as to the prohibition of on-street parking will ensure that interior streets remain passable for public safety situations where on-street parking could prevent ease of passage for emergency vehicles and sight distance safety issues. E. As conditioned, the public interest is served in the platting of this subdivision as articulated in the City's Comprehensive Plan, Subdivision, and Zoning Ordinances. The subdivision provides for development of new homes within the City of Port Angeles consistent with the State of Washington Growth Management Act. y the Port Angeles City Council at its meeting of August 3, 2004. Richard A. Headrick, Mayor Be-ckyS. Ul~n' l[~ty Cl~rk/''-- ' Exhibit "B" CONDITIONS, FINDINGS AND CONCLUSIONS IN SUPPORT OF THE LUDWICK 5392 PRELIMINARY SUBDIVISION: CONDITIONS: 1. Drainage and utility easements shall be shown on the final plat. 2. Stormwater drainage improvements shall be installed or bonded per the City's Urban Services Standards and Guidelines prior to final plat approval. 3. Residential fire sprinkler systems shall be installed in each residential unit as required by the Fire Department for all new residential building permits. Notice of this requirement shall be placed on the final plat and recorded separately with the plat. 4. Electrical utilities shall be installed as needed by the applicant or shall be bonded per the Public Works and Utilities standards prior to final plat approval. 5. Address numbers shall be identified and placed on the final plat as provided by the City. 6. Access easements or boundary line adjustments in favor of landlocked properties adjacent to Lots 5 and 6 shall be recorded and shown on the final plat. An additional 10' right-of-way shall be dedicated for Lindberg Road along the frontage of Lots 1 and 4 and shown on the final plat. 7. Erosion control measures shall be in place prior to grading and construction. FINDINGS: 1. The preliminary plat application includes a drawing dated received June 10, 2004, prepared for William and Carol Ludwick by Zenovic and Associates and used as the basis of the preliminary plat review. The final plat will be entitled Ludwick Subdivision. The City of Port Angeles acquired the subject property through a foreclosure on unpaid assessments for Local Improvement District 211 which was sold to the Ludwicks. 2. The preliminary plat subdivides the 5 acres of land into 11 residential lots. The residential building lots range in size from 9,290 to 21,430 square feet in area. 3. The proposed subdivision site is located along Del Guzzi Dr. between Lindberg Road and U.S. Highway 101 east of Peninsula Golf Course and is legally described as Lot 1 Ennis Creek Estates. 4. The site is wooded and several of the lots have significant topographical features which will need to be addressed in the site development process. 5. Surrounding properties are developed with low density single family residential uses to the southeast and one six-plex condominium at the southwest comer of the site, with a private golf course to the west, and U.S. Highway 101 to the north with commercial uses. 5393 Conditions, Findings and Conclusions Ludwick Preliminary Subdivision Page 2 6. The site ~s currently served by Del Guzzi Dr., which meets City street standards for a local access street. All 11 lots shown on the June 1 ! preliminary plat drawing have access from Del Guzzi Dr. Transit service is available along U.S. 101 north of the site at Del Guzzi Drive. 7. Drainage from Peninsula Golf Course comes through the site and must be addressed in a cleating/grading permit design by a licensed engineer. 8. The proposal has been reviewed with respect to the Comprehensive Plan. The subject property is identified as Low Density Residential (LDR) on the Port Angeles Comprehensive Plan Land Use Map. The following Comprehensive Plan policies are found to be most relevant to the proposal: Growth Management Element Goal A; Land Use Element Goal A, Policy A.2, Goal B, Policies B. 1-B.3~ Transportation Element Goal A, Policies A.3 and A.6~ Utilities and Public Services Element Policy D. 1 ~ Housing Element Goal A~ Conservation Element Goal A, Policies A. 1-A.3, Goal B, Policy B.4, and Objective B.4; Capital Facilities Element Goal A, Policies A.2, A.9-A. ! 0, Goal B, Policies B.6-B.7, Goal C, and Policies C.3 and C.4. 9. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service, and electrical service (Capital Facilities Element Policy A.9). 10. The Comprehensive Plan recommends concurrency for solid waste collection, stormwater management, telecommunications service, and emergency services (police, fire and emergency medical response) (Capital Facilities Element Policy A. ! 0). 11. The City's Comprehensive Plan (Land Use Element Goal B) states the intention to have a community where residential development and use of the land are done in a manner that is compatible with the enviro~nent, the characteristics of the use and the users, and the desired urban design of the City. 12. The subject property is identified by the Port Angeles Zoning Map as Single Family Residential (RS-9) which allows a density of up to 9 units per acre. The proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000 square feet in size. 13. Del Guzzi Dr. is designated as a local access street and is not designated as a school walking route. The City's Subdivision Ordinance and Urban Standards and Guidelines require the development of sidewalks on along arterials or school walking routes. 14. All required utility improvements including potable water, sanitary waste, electrical, and refuse collection have been provided to the subdivision or are available in the area. 15.The Port Angeles School District currently serves the area, and school capacity is not an issue with the present trend in declining enrollments. 16. The site is currently served by the City's Police, Fire, and Public Works and Utilities Departments. Conditions, Findings and Conclusions 5394 Ludwick Preliminary Subdivision Page 3 17. Building permits are required for all structures on any approved building lots. All local Building and Fire Codes apply to any new construction on the subject property. Residential sprinklers will be required as the site is outside of the City's four minute response area for fire response. Best management practices will be observed in the development of the lots including a clearing/grading plan that includes erosion control measures. 18. Clearing and grading permits are required for any initial site development on sites of one acre in size or greater. 19. The City's State Environmental Policy Act (SEPA) Official issued a Determination of Nonsignificance on July 8, 2004, satisfying the City's SEPA responsibility. 20. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the review of subdivisions. Preliminary subdivision applications must contain information relative to the arrangement and development of streets within and accessing a proposed development consistent with the City's Urban Services Ordinance and must consider the relationship to existing roads and topographic conditions, public convenience and safety issues, and whether the proposed use of the land is adequately served by such roads. Information regarding lot size and the relationship between depth to width in lot area development, vision triangles, building setback and building envelope areas, utility easements and improvements to those utility services that are needed to service a proposed development, street lighting, and public spaces. 21. The Revised Code o fWashington RCW 58.17 contains the State's guidelines for the uniform division of land within the State of Washington. Section 58.17.110 requires a city to inquire into the public use and interest proposed to be served by the establishment of a subdivision. It shall determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and shall consider all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school and whether the public interest will be served by the subdivision. A proposed subdivision shall not be approved unless the city can make written findings that these provisions are made. 22. Section 16.08.050(B)(1) PAMC provides that the Planning Commission shall examine the proposed plat, along with written recommendations of the City Departments, and shall either approve or disapprove the submittal. A recommendation thereon shall be forwarded to the City Council within a period of 90 days after a preliminary plat has been submitted to the City Planning Department. The City Council shall either approve or disapprove the proposed preliminary plat at a public meeting. 23. The preliminary plat was reviewed by the City's Fire, Public Works and Utilities, Parks and Recreation, and Community Development Departments. Those comments have been taken into consideration in the recommended conditions of preliminary approval. 24. Public notice of the subdivision application was published in the Peninsula Daily News on June 18, 2004, and posted on the site and mailed to property owners within 300 feet of the Conditions, Findings and Conclusions 5395 Ludwick Preliminary Subdivision Page 4 proposed subdivision on June 16, 2004. No written comment was received as a result of the notification. CONCLUSIONS: A. The Ludwick preliminary subdivision conditions are required by the City's Subdivision Ordinance and are necessary to implement the Comprehensive Plan goals and policies for residential development B. Storm drainage, electrical, and telecommunications improvements are the only street and utility requirements which have not been installed per the City's Urban Services Standards and Guidelines but will required as a condition of preliminary approval. C. Due to wooded nature of the subject property, street trees are not needed. D. The large lots proposed are necessary due to the topographical and other access/building constraints of the property. E. The RS-9 zone allows for an overall residential density much higher than is proposed. The subject site is not located in an area with a grid street system and should be developed with low density housing units and curvilinear streets to achieve the desired urban design of the City. F. As conditioned, the preliminary plat is consistent with the Comprehensive Plan and Zoning Code. G. As conditioned, the preliminary plat is in conformance with the Port Angeles Subdivision Ordinance, Chapter 16.08 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW. H. As conditioned, review has been done and appropriate provisions have been made for the public health, safety and general welfare and for drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation and other planning features. I. As conditioned, the public interest is served in the platting of this subdivision as articulated in the City's Comprehensive Plan, Subdivision, and Zoning Ordinances. The subdivision provides for development of new homes within the City of Port Angeles consistent with the Growth Management Act and beneficial to the City's tax base. the Port ~geles C, ity Council a] its meeting of August 3, 2004. Richard A. Headrick, Mayor }}ecky J. U~n, L~ty Cl~'rk