Loading...
HomeMy WebLinkAboutMinutes 10/23/2007 e CALL TO ORDER- SPECIAL MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES/ PRESENTATIONS: Recognition of Gary Stempin, Retiring Street Superintendent PUBLIC HEARINGS - OTHER: Street Vacation - City of Port Angeles - Peninsula Daily News - STV 07-01 Ordinance No. 3303 e 6150 CITY COUNCIL SPECIAL MEETING Port Angeles, Washington October 23, 2007 Mayor Rogers called the special meeting of the Port Angeles City Council to order at 6:05 p.m. Members Present: Members Absent: Staff Present: Public Present: Mayor Rogers, Deputy Mayor Williams, Councilmembers Braun, Headrick, Munro, and Petersen. Councilmember Wharton. Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler, T. Gallagher, D. McKeen, Y. Ziomkowski, G. Stempin, C. Delikat, N. West, J. Mahlum, and S. Roberds. R.Veenema, S. Oliver, M. Haggerty, P. McCarty, D. Perry, D. DiGuilio, J. Cornell, P. Lamoureux, J. Brewer, C. Kidd, J. White, D. Miller, and C. Vollmer. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Munro. 1. Recognition of Gary Stempin, Retiring Street Superintendent: Mayor Rogers, who was joined by Public Works & Utilities Director Cutler, read and presented a proclamation to Gary Stempin, Retiring Street Superintendent, recognizing his service to the City of Port Angeles. 1. Street Vacation - City of Port Angeles - Peninsula Daily News - STV 07-01: Manager Madsen informed the Council that the matter ofthe proposed street vacation of a portion of Cherry Street between the FrontlFirst Street alley and Front Street came up on September 21st in conjunction with the pending Purchase and Sale Agreement for the Lights Operations building. Staff thoroughly reviewed the proposed vacation, fully understanding the need to move expeditiously. Manager Madsen detailed the chronology of public notice provided on the proposed street vacation, to include public hearings before the Planning Commission and the City Council. He noted that the Real Estate Committee met and forwarded a recommendation for approval. Principal Planner West summarized the proposed vacation, indicating that 100% of the abutting property owners, the City and the Peninsula Daily News, had signed the petition. The Real Estate Committee recommended compensation at $9.00 per square foot. Mr. West indicated that Cherry Street is one of four (4) north/south collectors in the downtown area, and with the use of Power Point slides, he showed the specific area under consideration, as well as the overall flow of traffic in the downtown. He indicated the vacation will enhance site development options by providing off street parking needs; staff recommended that the public hearing be conducted, and that the second reading of the Ordinance be waived. - 1 - 6151 CITY COUNCIL SPECIAL MEETING October 23, 2007 PUBLIC HEARINGS - OTHER: (Cont'd) Lengthy discussion followed, and Planner West responded to questions posed by the Council, such as the number of accidents at the Valley Street and First/Front intersection, which totaled four in seven years. He also addressed the fact that access will be maintained through the First/Front alley and the southerly portion of Cherry Street. The question was raised as to whether alley access could be opened behind the Peninsula Daily News, and Manager Madsen indicated that the southerly portion of Cherry Street would likely be considered a parking lot. Mr. West added that parking to the east of the Light Operations building cannot be allocated to specific uses that would occur in the building. e Street Vacation - City of Port Angeles - Peninsula Daily News - STY 07-01 Ordinance No. 3303 (Cont'd) Mayor Rogers opened the public hearing at 6:20 p.m. Russ Veenema, representing the Port Angeles Regional Chamber of Commerce, was pleased to see the progress of Family Medicine moving into the downtown area, as it will have a significant positive impact. Mr. Veenema stated the Chamber is on record promoting the need to diversify the types of business in the downtown, and the addition of the medical clinic will help dramatically. He applauded Olympic Medical Center and the City for working with the clinic. Noting that parking is a necessary component, Mr. Veenema felt that the use of Cherry Street would be a good move. He added that the Chamber frequently asks for the use of Cherry Street for some of its activities, as the street is used less often than others in the downtown area. Jerry Cornell, a County resident living at 1597 Deer Park Road and owner of property in the City, referenced the parking lot used by DSHS and First Federal, clarifying the lot is not under PBIA control, and it is not totally used by businesses. He expressed concern . with the loss of access to buildings only for the benefit of one. Mr. Cornell stated there are three individuals who own six lots downtown who have been studying the possibility of combining efforts to offer the property for sale. He asked the Council to defer action so the group could study possible uses for their property, as well as possible negative impacts. He expressed hope that a second public hearing would be conducted. Bill Jackson, 903 W. 15th Street, manager ofa business in the Cornell Building, discussed traffic flow and impacts of the street vacation on deliveries he receives in the alley. He felt the vacated street would hinder the ability of his store to operate, and it would hinder parking for his customers, as they use Cherry Street from Front Street. The vacation would hinder other businesses in the area as well. Edwin Brown, 112 West Front Street, spoke in support of the physicians' move to the downtown area; however, he didn't feel it was the City's place to close the street to create parking. In reading the staff report, Mr. Brown didn't feel the report addressed what would happen after the clinic is built. Additionally, he indicated that a presentation had not been made to the Port Angeles Downtown Association, so he felt he was limited on information. He felt it would be a mistake to close Cherry Street, and he also felt the City hasn't made the same effort to provide parking to Mr. Dorssers or Mr. Cronauer for their business ventures. Jerry Cornell returned to the podium, providing information on the valuation of the property based on reassessments by the County Assessor. He felt the compensation set by the Real Estate Committee was too low and should be reconsidered. There being no further testimony, Mayor Rogers closed the public hearing at 6:30 p.m. At the request of the Mayor, Manager Madsen provided a summary of the time lines necessitated by these transactions, discussing the Purchase and Sale Agreement, the lease with the Port of Port Angeles, and the need to move forward on the relocation of Light Operations in view of the fast-approaching winter season. He clarified that a waiver of the second reading of the Ordinance is a matter of Council policy, not State law. In addition, the question had been raised as to access to the alley behind the Peninsula Daily e - 2 - e PUBLIC HEARINGS - OTHER: (Cont'd) Street Vacation - City of Port Angeles - Peninsula Daily News - STV 07-01 Ordinance No. 3303 (Cont'd) Break e CITY COUNCIL SPECIAL MEETING October 23,2007 6152 News, and Manager Madsen clarified that a Right-of-Way Use Permit allowed the closure of that portion of the alley. For safety reasons, the City installed a collapsible barricade. Previous requests for vacation ofthe alley have been denied in order to retain emergency access. John Brewer, 510 South Liberty, advised the Council that the barricade was put in place in 1997, as there were several drivers using the alley as a raceway. In order to protect the newspaper employees using the alley, the barricade was installed. Lengthy discussion followed, and clarification was provided on how the Real Estate Committee arrived at the compensation figure. Deputy Mayor Williams pointed out that research of comparable sales was related to full use of property. However, this particular property will be significantly encumbered by easements and by the reservation of air space for walkways and other coiweyances. In response to another inquiry, Mayor Rogers indicated there was no formal input provided by the Port Angeles Downtown Association. Deputy Mayor Williams moved to waive the second reading of the Ordinance. Councilmember Headrick seconded the motion, which carried 4 - 2, with Councilmembers Petersen and Munro voting in opposition. Mayor Rogers noted the revised Ordinance that had been distributed, and she read the Ordinance by title, entitled ORDINANCE NO. 3303 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of Cherry Street, in Port Angeles, Washington, Clallam County, Washington. Deputy Mayor Williams moved to adopt the Ordinance as read by title, incorporating a compensation figure of$9.00 per square foot, and citing Conditions 1 - 2 as modified, Findings 1 -11, and Conclusions 1 - 3, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councilmember Braun seconded the motion. Discussion followed, with the Councilmembers providing individual commentaries on the proposed street vacation. Discussed were the importance of doing things differently to consolidate property and leverage downtown redevelopment, the need to locate medical practices downtown as was done in years past, the benefit of the development for the entire community, and the benefit of increased investments now taking place in the downtown corridor. Deputy Mayor Williams called for the question. Manager Madsen noted a number of people had just arrived at the Council meeting, and he suspected there may have been confusion as to the time the public hearing was to be conducted. He suggested the Mayor recess the meeting until 7:00 p.m., at which time the public hearing could be reopened in order to receive input from those just arriving. Deputy Mayor Williams withdrew his previous call for the question, after which he moved to table the motion. Councilmember Headrick seconded the motion to table, which carried unanimously. Mayor Rogers recessed the meeting for a break at 6:55 p.m. The meeting reconvened at 7:05 p.m. Mayor Rogers re-opened the public hearing at 7:05 p.m. Jerry White, owner of property at 229 W. 1 sl Street and a County resident, expressed concern that the value of his property would be reduced by the restriction of available parking. Further development of his property would be impossible, and the only ingress and egress to the remainder of the street would be through the alley, which would then impact those businesses receiving deliveries of supplies in the alley. Mr. White indicated people often cut through the DSHS parking lot, since Cherry Street is now one-way, and - 3 - 6153 CITY COUNCIL SPECIAL MEETING October 23, 2007 PUBLIC HEARINGS - OTHER: (Cont'd) Street Vacation - City of Port Angeles - Peninsula Daily News - STY 07-01 Ordinance No. 3303 (Cont'd) Break FINANCE: Purchase and Sale Agreement of City Property he wondered about the long-term implications on traffic flow and access to the downtown. He felt it would be an irreversible process. Cypress Vollmer, 1839 W. 5th Street and owner of Crazy Fish, supported the idea of Family Medicine moving downtown, hoping their landscape would be similar to that at the current location. However, she was concerned with the closure of Cherry Street, the increased use of the alleyway, the reduction of parking for her customers, the safety factor for those using the alley,and the already present congestion in the area because of the closure of the 81h Street bridges. She inquired as to whether the Police and Fire Departments support the street vacation, as she felt access would be important for emergency response. Ms. Vollmer felt that very little information had been provided to the public on the street vacation, and she emphasized the permanent nature of such an action. At the Mayor's request, Fire Chief McKeen and Police Chief Gallagher provided input from their perspective, indicating they had thoroughly studied the proposed street vacation and found there would be no operational problems for their departments. e Dan Miller, 1901 Hamilton Way, representing Armory Square LLC, was concerned with the proposed street vacation, as Cherry Street is used as a route to Armory Square. He spoke in favor of the medical clinic moving downtown, but he felt other options were available for parking. Mr. Miller made various suggestions as to alternative locations that could be pursued, and he suggested changes be made to the Parking Code in order to accommodate parking needs. He expressed concern with the permanency of the street vacation. Paul Lamoureux, 602 Whidby, inquired as to what would happen if the street vacation were to be approved but the Purchase and Sale Agreement not finalized. He encouraged the Council to postpone action. Attorney Bloor provided clarification in that the Ordinance is written so that it wouldn't take effect until compensation is paid, which would likely be concurrent with the sale. If compensation is not paid, then the Ordinance would be rescinded. There being no further testimony, Mayor Rogers closed the public hearing at 7:25 p.rn. Council again deliberated, after which Deputy Mayor Williams moved to remove the motion from the table. Councilmember Headrick seconded the motion, which carried unanimously. Councilmembers again provided input, and Planner West clarified it is not intended to use the alley as a thoroughfare. Ingress and egress will be closely monitored, and ifit is deemed to not be working, then modifications will be made. It was noted that the Planning Commission unanimously supported the street vacation. A vote was taken on the motion, which carried unanimously. Mayor Rogers recessed the meeting for a break at 7:32 p.m. The meeting reconvened at 7:45 p.m. 1. Purchase and Sale Agreement of City Property: Manager Madsen advised the Council that, during the break, the Real Estate Committee met to review the transaction for the finalization of the Purchase and Sale Agreement with Cherry Hill Associates as the purchaser of the Light Operations building. He indicated the Committee negotiated with the doctors on the purchase price of the property, legally described as Lots 8, 9, and 10, Block 14, Townsite of Port Angeles. The purchase price to which all agreed was $863,200, with a closing date of February 15,2008. Deputy Mayor Williams moved to authorize the Mayor or City Manager to sign the Real Estate Purchase and Sale Agreement with Cherry Hill Associates at the purchase price of $863,200. Councilmember Braun seconded the motion. e Discussion followed, with Manager Madsen and Attorney Bloor providing clarification as to the time lines associated with the Purchase and Sale Agreement, the lease with the - 4 - e e FINANCE: (Cont'd) Purchase and Sale Agreement of City Property (Cont'd) Waste Connections Washington Incorporated Settlement Agreement ADJOURNMENT: CITY COUNCIL SPECIAL MEETING 6154 October 23, 2007 Port of Port Angeles, and the status of the earnest money. A vote was taken on the motion, which carried unanimously. Bill Hennessey, M.D., 303 W. 8th Street, a County resident, indicated his first contact with Manager Madsen about moving the medical clinic downtown was in February, 2006, and the first time the Lights Operations building was discussed as a possibility was in June, 2006. He was pleased with the outcome tonight, and he thanked staff for its work in bringing the project forward. Dr. Hennessey also commended the Council for its vision and leadership, indicating he was looking forward to being a part of the downtown community. 2. Waste Connections Washington Incorporated Settlement Agreement: Director Cutler presented the Waste Connections Settlement Agreement, something that has been dealt with for 1 Y2 years. He noted there has been significant effort from staff on the negotiations, and the settlement agreement resolves outstanding issues related to the new Regional Transfer Station in an amount of$700,000. Director Cutler indicated the issues that were addressed in the negotiations have been set forth in the Council packet memo, and a transfer offunds will be necessary. The Council lauded stafffor its efforts, and Councilmember Headrick was thanked for his assistance during the mediation. Councilmember Munro moved to approve and authorize the Mayor or City Manager to sign a settlement agreement for $700,000 with Waste Connections Washington, Incorporated, and direct staff to transfer funds in the amount of $350,000 from the Solid Waste Collections Fund to the Transfer/Landfill Fund. The motion was seconded by Councilmember Petersen and carried unanimously. The meeting was adjourned at 8:05 p.m. - 5 - Exhibit" A" 6155 CONDITIONS, FINDINGS AND CONCLUSIONS IN SUPPORT OF THE VACATION OF A PORTION OF CHERRY STREET - STV 07-01: Conditions: 1. The Grantor shall provide and maintain a 10-foot wide sidewalk for public use in that portion of said vacated Cherry Street. Said sidewalk will extend from the south margin of the West Front Street right-of-way to the north margin ofthe First/Front alley right-of-way. No structures may be developed by Grantee within the easement area or to hinder pedestrian access cross the site. Reserving unto the Grantee airspace rights above the vacated Cherry Street for the purpose of potential future overhead pedestrian walkways and other conveyances. 2. The vacated right-of-way shall be combined with the abutting property. Redevelopment of the combined site shall include adequate off-street parking for site activities. Findings: 1. A petition requesting the vacation of that portion of the Cherry Street right-of-way situated immediately south of the First/Front alley abutting Lot 10, Block 14, and Lot 1, Block 13, Townsite of Port Angeles, Washington, was submitted on September 28,2007. The subject area is approximately 140' x 70' or 9,800 square feet in area. 2. RCW 58.17 requires the signatures of two thirds of abutting property owners in order for a petition for the vacation of public right-of-way to be considered valid. The subject petition is signed by 100% of the abutting property owners. 3. The subject area is zoned CBD Central Business District, and is largely developed as commercial and office uses. The CBD zone is primarily intended to strengthen and preserve the area commonly known as the Downtown for major retail buildings, service, financial, and other commercial operations that serve the entire community, the regional market, and tourists. 4. The City's entire Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right-of-way. The Land Use Element Land Use Map, Goals, Policies, and Objectives Goal A, Goal D, Policy 3, Goal F, Objective 4 and the Economic Development Element Goal A, Policy 4, are relevant to the proposal. 5. The Port Angeles City Council's Real Estate Committee met on September 28,2007, to discuss the matter and established a value for the unopened right-of-way based on the value of surrounding property assessments at $9 per square foot. 6. The vacating of a street is categorically exempt from the State Environmental Policy Act (SEP A) review per Section 197-11-800 (2) (h) of the Washington Administrative Code. 7. The site was posted notifying the public of the proposed land use action consideration on September 27,2007. Legal publication appeared in the Peninsula Dailv News on September 30, 2007, informing those interested of a scheduled public hearing before the Planning Commission in the matter for October 10, 2007, 6 p.m. 8. At its October 2,2007, regular meeting, the Port Angeles City Council established a special public hearing date by resolution for action on the street vacation petition as October 23, 2007, 6 p.rn. 9. The subject right-of-way provides a one-way access for traffic between First and Front Streets. Given the development and access points of abutting properties, the right-of-way is not required for primary or secondary access to those properties and is situated approximately 300 feet from the furthest west line of the Downtown area. 6156 Conditions, findings, and conclusions Street Vacation STV 07-01 Page 2 10. Parking in the Downtown is largely provided through the PBIA. On street parking cannot be counted upon for any particular use because it is available for the public use. On street parking has been dedicated in the short term in the area for use by the City's Light Operations facility, which lacks adequate parking. New development is encouraged to provide adequate on-site parking. 11. The City's Waterfront Trail system is located along Front Street in the subject area. Current access to the Downtown area through the subject corridor would allow continued pedestrian circulation throughout the area in a positive manner. Conclusions: A. As conditioned, consolidation of the right-of-way with the petitioner's property is in accordance with expected land management and development policies found in the City's Comprehensive Plan, specifically with Land Use Map, Goal, Policies and Objective Goal D, Policy 3. Combination of the vacated right-of-way with the adjacent property will result in a building site that will allow greater use of a commercial property and will result in a lot size that is more consistent with modem urban planning and development needs. B. The proposal is consistent with the goals and policies of the City's Comprehensive Plan specifically Land Use Element Land Use Map, Goals, Policies, and Objectives Goal A; Goal D, Policy 3; and Goal F, Objective 4; and Economic Development Element Goal A, Policy 4. Site development shall be consistent with the City's zoning standards. C. The right-of-way is one of four (4) north/south through routes between Front and First Streets, and is a redundant collector with limited functionality. As conditioned, the proposed vacation will require that future development of the combined site include adequate off street parking and a pedestrian link between Front and First Streets through the site. As such, the vacation is in the public interest as it will allow for the redevelopment ofthe right-of-way with the abutting property in a manner that will lessen the impact of future development of the site with regard to off street parking in the Downtown area. Adop d by the Port Angeles City Council at its special meeting of October 23, 2007 G~~ Karen A. Rogers, Mayor