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HomeMy WebLinkAboutMinutes 04/04/2006 I'; e CALL TO ORDER- REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PRESENTATIONS, CEREMONIAL MATTERS & PROCLAMATIONS: Genealogical Society Days Presentation of GFOA Award for Financial Reporting WORK SESSION: 8th Street Bridges Replacement Decision e J;. -, :~~ ::~,) 5859 ';;,,'~ J;:;~ ;"{~ CITY COUNCIL MEETING Port Angeles, Washington April 4, 2006 Mayor Rogers called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Rogers, Deputy Mayor Williams, Councilmembers Braun, Headrick, and Munro. Members Absent: Councilmembers Erickson and Wharton. Staff Present: Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler, D. McKeen, Y. Ziomkowski, L. Dunbar, C. Hagar, J. Norberg, K. Clark, T. Agesson, R. Hostetler, N. West, S. Roberds, G. Kenworthy, T. Gallagher, J. Dunbar, T. Rook, T. McCabe, T. Nevaril, C. Possinger, B. Coons, and M. Puntenney. Public Present: V. & L. Embree, V. Flake, L. Sproat, P. Lamoureux, K. Hopf, C. Kidd, B. Alton, E. Chadd, M. Doherty, G. Gleason, P. Milliren, and M. Harbaugh. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Headrick. 1. Proclamation in Support of Genealogical Society Days, April 7 - 8, 2006: Mayor Rogers read the proclamation declaring April 7 - 8, 2006, as Washington State Genealogical Society Days. The proclamation was accepted by Ms. Carol Foss of the Clallam ,County Genealogical Society. 2. Presentation ofGFOA Awardfor Financial Reporting: Finance, Director Ziomkowski, accompanied by the Finance staff members, joined Mayor Rogers in accepting the Certificate of Achievement for Excellence in Financial Reporting from Mr. Mark Neary, a Washington representative of the National Governmental Finance Officers Association. 8th Street Bridges Replacement Decision: Public Works & Utilities Director Cutler opened the work session on the 8th Street Bridges Replacement proj ect,'introducing SantoshKuruvilla, Exeltech Consulting, who used PowerPoint slides to discuss bid results that exceeded the engineer's estimate by over 50%. Mr. Kuruvilla reviewed the alternates made a part of the bid, which included an architectural illumination and architectural bridge railing. He provided an in-depth analysis of the bids received, discussing factors related to risk, mobilization, schedule and liquidated damages, temporary bridges, the cost of steel, superstructure erection, and other miscellaneous details. He sunnnarized input provided by the - 1 - ~'~~ih< 5860 CITY COUNCIL MEETING April 4, 2006 WORK SESSION: (Cont'd) 8th Street Bridges Replacement Decision (Cont'd) LATE ITEMS TO BE PLACED ON TIDS OR FUTURE AGENDAS & PUBLIC COMMENT: Break CITY COUNCIL COMMITTEE REPORTS: PUBLIC HEARINGS - QUASI-JUDICIAL: Bradow Rezone REZ 06-01 ;->--t contractors, who expressed the desire to negotiate and indicated they could build prestressed concrete girder type bridges. Mr. Kuruvilla indicated the recommendation is for the Council to reject all bids due to inadequate funding, to proceed with conventional prestressed concrete girder bridges, and to re-advertise in December, 2006. He showed slides of how the conventional design would appear. Discussion followed, with Mr. Kuruvilla answering questions posed by the Council regarding the design, the expected response from other potential contractors and subcontractors, the suggestion to have two different designs for the bridges, the frustration being experienced by the situation, and the projected costs to redesign the bridges. Mayor Rogers noted that much of this is due to the rebuilding of the south coast that was devastated by the hurricanes, which fostered discussion as to the prudent use of taxpayer dollars and the risks associated with the proposed design. e Councilmember Munro noted the Council will be under intense pressure to build the bridges within budget, and Councilmember Munro moved to reject the bids and authorize the Director of Public Works & Utilities to enter into negotiations with Exeltech for the redesign. The motion was seconded by Councilmember Williams and, following discussion on the public process required and the matter of possibly building both bridges at the same time, a vote was taken on the motion, which carried unanimously. Mayor Rogers added Agenda Item HA., the process for filling vacant Council positions. Cherie Kidd, 101 E. loth Street and a City resident, spoke in favor of the item added to the agenda pertinent to Council replacements. She addressed the need for respect and, referencing the process noted on the City's website, she supported taking out the word, generally, and supported an interview process. She asked the Council not to ignore the democratic election process. Leroy Sproat, 615 Thistle Street, addressed the lack of street maintenance in his neighborhood, which impacts health and safety because of the dirt. He queried as to how the Council can spend money on the Gateway Project while stating the money isn't available for street maintenance. Mayor Rogers explained the funding parameters for street maintenance. Peter Ripley, 114 E. 6t\ #102, a Port Angeles resident, commented on the process for filling a Council position, noting he had not been contacted for an interview. Paul Lamoureux, 602 Whidby, speaking on behalf of Concerned Citizens of Port Angeles, offered assistance to the City in writing an Ordinance for Initiative and Referendum powers. He also addressed expenditures on the Gateway Project. Mayor Rogers recessed the meeting for a break at 7: 15 p.m. The meeting reconvened at 7:25 p.rn. None. Bradow Rezone - REZ 06-01: Mayor Rogers posed questions relative to appearance offairness, indicating her queries would apply for this rezone, as well as the Heritage Court Subdivision and the Juan de Fuca Bluffs Subdivision. Councilmember Williams disclosed he is a real estate agent and has some clients in the rezone area, but he has not discussed the rezone, has no contracts in the area, and he would refer to another realtor where appropriate. He felt he could be neutral in hearing the matter. Mayor Rogers added that her husband is a ,e - 2- Ii. I I I I e e PUBLIC HEARINGS - QUASI-JUDICIAL: (Cont'd) Bradow Rezone REZ 06-01 (Cont'd) PUBLIC HEARINGS - OTHER: Lunderville Street Vacation STY 05-04 Solid Waste Rate Adjustments ,,:'.:';"~, ,\,';,.~" i/\,; ,), ':si' ;X":::}V~~"~~:'~;~f~lf)VV' )lj:~~~ CITY COUNCIL MEETING April 4, 2006 5861 . f?1W,'~~k real estate agent, and he has no interest in any of the properties to be considered. PrincipalI)lanner West rey~e'Y~? ,the proposed rezone that involves approximately 24.86 acres that would be rezoned from RS-ll, Residential Single Family, to IH, Industrial Heavy. He summarized the criteria considered in terms of the Comprehensive Plan goals, policies, and objectives; site location; and surrounding developing. The Planning Commission forwarded a favorable recommendation for appf()yal of the rezone. In keepingwith the requirement to conduct a first reading of the Ordinance, Mayor Rogeis'read the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, rezoning From RS-Il (Residential, Single Family) to IH (Industrial Heavy). Mayor Rogers opened the public hearing at 7 :33 p.m. There being no public testimony, the public hearing wafclosed at 7:33 p.m. The second reading of the Ordinance will be conducted on April 18, 2006. 1. Lunderville Street Vacation - STV 05-04: Mayor Rogers stated she lives in the vicinity of the proposed vacation, but stands to have no gain. Councilmember Headrick used to own property in the area, but has not met the applicant. Planning Manager Roberds reviewed the proposed street vacation for a portion of the unopened "F" Street right-of-way located immediately south of West 12th Street, north of Stevens Middle School. Councilmember Williams indicated the vacation was considered by the Real Estate Committee for entire width of "F" Street, at which time the west 20' were to be reserved for a school walking route. He indicated the amount of compensation was based on a blended rate because of the topography; however, the rate reflected in the Ordinance was different than that considered by the committee. Therefore, he suggested that the street vacation be referred back to the Real Estate Committee to reconsider the amount of compensation. In keeping with the requirement to conduct a first reading of the Ordinance, Mayor Rogers read the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City ofPort Angeles, Washington, vacating a portion of"F" Street in Port Angeles, Clallam County, Washington. Mayor Rogers opened the public hearing at 7:38 p.m. There being no public testimony, Mayor Rogers closed the public hearing at 7:39 p.m. Councilmember Williams moved to refer the street vacation back to the Real Estate Committee to consider the purchase price ofthe property. The motion was seconded by Councilmember Braun and carried unanimously. 2. Solid Waste Rate Adjustments: Director Cutler introduced the issue of solid waste rate adjustments noting that, based . on the 2004 cost of service study, rate adjustments are needed to support the increased costs of the new transfer station and waste export system. An adjustment to City collection rates is needed, as well as new rates for the Transfer Station and Blue Mountain drop-box facility, which must be made in accordance with the City/County interlocal agreement. He indicated the public hearing should be continued to April 18, 2006. At this time, Mayor Rogers recognized County Commissioner Mike Doherty, Craig Jacobs from Clallam County, and John Miller, Executive Director of the Lower Elwha Tribe. - 3 - 5862 CITY COUNCIL MEETING April 4, 2006 Solid Waste Rate Adjustments (Cont'd) ,~ Power Resources Manager Dunbar used PowerPoint slides to provide background information pertinent to the closure of the Landfill by the end of2006, the associated interlocal agreement with Clallam County, and the requests for proposal that were submitted in 2004. He discussed the cost of service study conducted in 2004, the agreement entered into with Waste Connections, and the rate-setting process. Mr. Dunbar reviewed acronyms and definitions pertinent to the issue, and discussed in depth the proposed changes to be made in terms of residential collection rates, options available to the public as relates to the frequency of pick ups, unbundling rates for optional yard waste service, and the lead time for implementation planning and execution. He noted the residential rates would be effective as of July 1, 2006. e . Mr. Dunbar then reviewed commercial collection rates and the options available to those customers. He discussed the Ordinance amendments associated with these changes, as well as the amendments associated with the Landfill and Transfer Station rates. He also summarized Transfer Station commercial hauler rates and self-hauler rates, noting that Transfer Station rates would be effective as of January 1, 2007. Mr. Dunbar indicated staff may be returning as soon as January, 2008, with further adjustments based on certain unknown factors at this time. Discussion followed, with the Council posing questions ofMr. Dunbar and Solid Waste Superintendent McCabe, concerning current costs, increased fuel costs, how the process will allow every other week pick-up, the issue of yard waste and associated charges, and the rationale that one-third of the customers are participating in yard waste recycling while the costs are paid by 100% of the customers. Discussion also centered around the rate equity issue and the need to have the compost facility break even. Director Cutler clarified that citizens have asked for alternatives, so many ofthe rates were unbundled in response to those requests. Compost will be sold at market price, and it is anticipated it will be sold in bulk as opposed to being bagged. Initially, it will be used for Landfill cover. In meeting the requirement for a first reading of the Ordinance, Mayor Rogers read the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending the City's solid waste utility, garbage collection, and sanitary landfill regulations and rates, Chapters 13.52, 13.54, and 13.56 of the Port Angeles Municipal Code, adopting a new chapter, 13.57 - Solid Waste Processing Facility, and amending utility fees, Chapter 3.70 of the Port Angeles Municipal Code. Mayor Rogers opened the public hearing at 8:28 p.rn. John Miller, 2832 Mt. Pleasant Road, a County resident and a patron of the landfill for many years, referenced his graduate study in economics, feeling the City should be decreasing the waste stream by increasing the cost of each additional pound. He took issue with a statement made in the presentation that City rates may not have increased since 1995, but his rate as a self-hauler to the landfill has increased 600% in a dozen years, going from a $2.00 minimum to an $8.00 minimum. Although not begrudging the $8.00 minimum, he carries more weight of recycling in his pickup once a month than he does in garbage that goes into the landfill, and he felt recycling should be encouraged in the new rate structure. Mr. Miller noted an internal contradiction in the example of a 90-gallon commercial container that's only 2/3 full, but the customer is only charged 2/3 because of the weight. It appeared there is a disincentive to conserve _ based on that charge and if, in fact, customers are charged by volume and the City is ., paying by weight to have it hauled, then the contradiction should be balanced out in some manner. Mr. Miller suggested that, with the inevitable increase in rates, the result - 4- Solid Waste Rate Adjustments (Cont'd) e e CITY COUNCIL MEETING April 4, 2006 5863 will be the promotion of illegal dumping in the County. He suggested that the three municipalities" the four tribe~,~nd the County itself should work together through intergovernmental agreements so' that there is very strict enforcement of penalties against illegal dumping in order to promote the success of the regional landfill. Gary Gleason, 2211 E. 7th Avenue, a County resident, initially discussed the City's contribution to the Peninsula Trail's coalition website, as well as the wonderful maintenance provided by the City on the Trail this past winter. Mr. Gleason then referenced a letter he had sent to the City Council concerning solid waste rate adjustments, noting he is a self-hauler who recycles extensively. He expressed concern with the fees for the recycling of yard waste, feeling he should place the yard waste and recycling in with his trash so he doesn't have a major fee on yard waste. He asked the Council to consider some type of a small, basic charge and a charge based on the tonnage; otherwise, he foresees placement of recyclables into the trash. Mr. Gleason has noticed people using trash cans at the Boat Haven to deposit household waste, and he has heard City residents discussing how their trash cans have been filled by others. He felt the City would be promoting this type of activity if there will be a charge of$l 0 per truck load at the landfill. Based on winter cleanup of his property, he has generated many cans of yard waste but, because ofa charge of$IO per load, he wouldbe paying a significant amount to haul the debris to the landfill. He reiterated there must be a weight factor incorporated so that people will continue to place yard waste appropriately at the landfill. Pat Milliren, 1703 West 8th Street, a City resident, felt it to be a mistake to send garbage away, as the City should be responsible for its own garbage to encourage citizens to create less waste. Ms. Milliren opined that increasing garbage rates for those who put out garbage every three to six months is unfair and intolerable. She suggested charging by the pick up, calculating that people with less garbage are being penalized. She acknowledged there may be a problem in recording whose garbage is picked up each week, but she felt there would be encouragement to create less garbage which might means the drivers and their assistants could record the pick up addresses a little more easily. Ms. Milliren has watched residents cram their garbage cans full " every week while she tries to recycle ,as much as possible and only put out a: can of garbage every few months. She found it frustrating that she has paid the same price for years., She didn't thinls this plan would work, and she asked the Council to consider her suggestions as well as those suggested by others. Ed Chadd, 307 W. 6th Street, a City resident, appreciated this is a new situation and acknowledged the time spent on calculating new rates. With the basic idea that rates need to go up in a way that is equitable but still creates incentives, Mr. Chadd posed questions as to long-term goals in terms of reduction, which Director Cutler said are being addressed in the Comprehensive Solid Waste Management Plan that is currently under review. Addressing the intimidation associated with the Solid Waste Advisory Committee, Mr. Chadd suggested this might be the appropriate time to form a separate citizens advisory panel to think at a broader level. He noted the amount of participation in recycling and yard waste, questioning how the estimates are reached, and he questioned how there will be enforcement of those not placing recyclables in the waste containers. Director Cutler clarified this would be an educational process with the public. Mr. Chadd didn't see any reason to treat yard waste differently than recyclables, as there will be a disincentive to do something reasonable with yard waste. He preferred its inclusion in the overall fee, and he suggested folding the $7 monthly fee into those having garbage pick ups every other week. Showing a visual aid ofthree weeks of his bagged waste, Mr. Chadd felt that recyclables should be charged as with yard waste and regular waste, and he hoped.the same educational effort would apply to yard waste. Further, Mr. Chadd felt that a minimuin charge of $1 0 is too high at the landfill; he suggested $5 would be more equitable. Also, he supported the idea of bagging the compost for sale, as the City wouldn't be competing with local businesses. He urged the City to carry through on its commitment to explore ways to charge people - 5 - 5864 CITY COUNCIL MEETING April 4, 2006 Solid Waste Rate Adjustments (Cont'd) Break by the amount they generate, which is the only way to minimize waste. He stressed the importance of tracking the results in order to track the amount of tonnage of waste hauled to Oregon. e Paul Lamoureux, 602 Whidby, felt there is an inequity of representation on the Utility Advisory Committee, and he suggested the combination of a waste advis9ry group into the UAC. Agreeing with Mr. Chadd's comments, Mr. Lamoureux asked about a reduced rate for once-a-month pick ups. He supported the opportunity for public input at the Utility Advisory Committee meetings, and he then inquired as to fees being charged "snowbirds" who are gone for six months or those on fixed income. He felt that enforcement penalties need to be addressed, and he stated his intent to place everything in the garbage since he doesn't have a truck to do self hauling. Leroy Sproat, 615 Thistle, asked about the recycling of glass and reconfrrmed it can go into the garbage and not recycling. Solid Waste Superintendent McCabe and Director Cutler provided further clarification, noting the impacts of broken glass and the fact there will be three locations for glass drops. Joe Tschimperle, 624 Vashon, Port Angeles, discussed how little garbage he has generated over the past thirty years, but he was appalled at the rate he will pay for garbage, as well as other future expenses in all utilities. Mr. Tschimperle felt there is a need for more citizen input to utilities; he had been told he could attend the meetings, but he wouldn't be allowed to speak. Regarding the 81h Street Bridges project, Mr. Tschimperle has been in construction for thirty years and has seen many engineering estimates go over bid. He felt the Council didn't have the expertise to fully understand, and it should refer questions to staff. He suggested the engineers need to do bidder design, which Director Cutler indicated is prohibited in the State of Washington with a few exceptions. Mike Doherty, Clallam County Commissioner, noted the Commissioners had made comments about the presentation, but he failed to see any reference to those comments at this time. Referencing the citizens advisory group on solid waste that existed several years ago, he felt it would be worthwhile to re-institute such a committee again. Mr. Doherty expressed concern with single-stream recycling, feeling that newspaper should be kept on the Peninsula in order to support local mills and jobs. Some communities recycle. glass into asphalt, and he suggested that contact be made with Lakeside to explore that possibility. Mr. Doherty suggested the possibility of privatizing materials coming into landfill and taking items to retail. He discussed the possibility of a biomass plant in Port Angeles, and he indicated he would be sympathetic with local projects to sell compost for various fund-raising efforts. He expressed the need to ramp up the public education process, and he suggested consideration of a Master Recycler Program, whereby advocates would go block-to-block to speak in support of recycling, sustainability, and the like. He proposed that community leaders should step up to provide leadership in this area, and he volunteered his time toward the cause. Discussion ensued with the Council asking questions of staff pertinent to rate reductions for charitable and City-sponsored organizations, senior citizens, low income citizens, and low income disabled citizens; as well as future Benefit Dump Days. Also, discussion centered around stopping people from dumping their garbage, a monthly pick up rate, the size of the smallest can that can be picked up by the equipment, and the technology of bar codes. Mayor Rogers continued the public hearing to April 18, 2006, and she noted the value of ~ Recycle Education Team. Mayor Rogers recessed the meeting for a break at 9:41 p.m. The meeting reconvened at 9:50 p.m. e - 6 - e e I:. OTHER CONSIDERATIONS: Juan de Fuca Bluffs Subdivision (P Street & Milwaukee Drive) Extend Meeting Beyond 10:00 p.m. Heritage Court Subdivision (12th/0 Street) ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Anderson Street Vacation STY 06-01 Ordinance No. 3242 RESOLUTIONS: CITY COUNCIL MEETING April 4, 2006 5865 1. Juan de Fuca Bluffs Subdivision (P Street & Milwaukee Drive): Planning'M~rtager Roberds s~rized information relative to the Juan de Fuca Bluffs Subdivision of 10.16 acres being developed into 24 residential lots, located at the northwest comer of the unopened 14th and "P" Streets. She discussed details pertinent to the subdivision, displaying a map of the area, and describing the layout of the subdivision, roads, sidewalks, access, improvements and other new developments in close proximity.Councilmember Headrick moved to approve the preliminary subdivision, citing Conditions 1 - 9, Findings 1 - 22, and Conclusions 1 - 5, as set forth in Exhibit"A", which is attached to and becomes a part of these minutes. Councilmember Braun seconded the motion, which carried unanimously. Councilmember Williams moved to extend the meeting beyond 10:00 p.m. The motion was seconded by Councilmember Braun and carried unanimously. 2. Heritage Court Subdivision (l2/h/O Street): Planning Manager Roberds reviewed information pertinent to the Heritage Court Subdivision of 4.14 acres being developed into 15 residential lots on the north side of 12th Street, east of its intersection with "0" Street. She displayed a map showing the layout of the subdivision, relating that some neighbors had expressed concern with drainage; however, the area will drain into the existing stormwater system on 10th Street. Steve Zenovic, 519 S. Peabody, representing the applicant, clarified this is not an arterial nor a school walking route, so sidewalks aren't required. "0" Street will eventually have sidewalks since it is an arterial, and "0" Street is 90% close to being fully paved. Brief discussion followed with regard to the proximity ofthe subdivision to the airport; staff felt that airport noise was not considered to be an issue. Councilmember Munro moved to approve the preliminary subdivision, citing Conditions 1 - 9, Findings 1 - 23, and Conclusions 1 - 4, as set forth in Exhibit "B", which is attached to and becomes a part of these minutes. Councilmember Braun seconded the motion, which carried unanimously. 1. Anderson Street Vacation - STV 06-01: Planning Manager Roberds reviewed the proposed street vacation for a portion of"P" Street and 16th Street, displaying a map of the area in question. Mayor Rogers , conducted the second reading of the Ordinance by title, entitled ORDINANCE NO. 3242 AN ORDINANCE of the City of Port Angeles, Washington, vacating portions of "P" Street and Sixteenth Street, in Port Angeles, Clallam County, Washington. Following brief discussion; Councilmember Braun moved to adopt the Ordinance as read by title, citing Findings 1 - 9 and Conclusions A - C, as set forth in Exhibit C, which is attached to and becomes a part of these minutes. The motion was seconded by Councilmember Munro. Discussion followed on the possibility of including notes on the titles of residences in the new developments south of 14th Street concerning the proximity to the. airport. A vote was taken on the motion, which carried unanimously. None. -7- 5866 CITY COUNCIL MEETING April 4, 2006 2005 Financial Year End Report Process for Filling Vacant Council Position FINANCE: Equipment Purchase - Asphalt Paver Department of Ecology Coordinated Prevention Grant G0600218 CONSENT AGENDA: INFORMATION: EXECUTIVE SESSION: RETURN TO OPEN SESSION: EXECUTIVE SESSION: 2. 2005 Financial Year End Report: Due to the lateness of the hour, Mayor Rogers suggested that the 2005 Financial Report be rescheduled to the Work Session at the April 18, 2006, City Council meting. e 3. Process for Filling Vacant Council Position: Mayor Rogers reported she had yet to receive a communication from the Port Angeles Business Association relative to the process for filling vacant Council positions. The Council agreed by consensus that, once the information is received, staff should prepare the appropriate document for presentation at the April 18th Council meeting. Manager Madsen clarified that, the intent is to establish protocol that interviews would be conducted as part of the process for filling vacancies. 1. Equipment Purchase - Asphalt Paver: Director Cutler informed the Council that bids received on the asphalt paver were above the amount budgeted. Therefore, Councilmember Braun moved to reject bids for contract 06-12. Councilmember Munro seconded the motion, which carried unanimously. 2. Department of Ecology Coordinated Prevention Grant G0600218: Director Cutler summarized the Coordinated Prevention Grant approved by the Department of Ecology for collection, recycling, and/or disposal activities at the new Moderate Risk Waste Collection facility, as well as waste reduction and recycling public awareness and education activities. Councilmember Munro moved to accept the Coordinated Prevention Grant for total eligible costs of $217,609 and authorize the Director of Public Works & Utilities to sign the agreement. The motion was seconded by Councilmember Headrick and carried unanimously. Councilmember Braun moved to accept the Consent Agenda, to include: 1.) City Council Minutes of March 21,2006 regular meeting; 2.) Expenditure Approval List: 3/11/06 - 3/24/06, $2,558,575.95; 3.) Shane Park Renovation Project 05-04, Accept Completion; and 4.) Combined Sewer Overflow Renovation Projects 05-24, Accept Completion. It was noted that Finance Director Ziomkowski was in attendance at the March 21,2006, City Council meeting, so the minutes should be corrected accordingly. Councilmember Munro seconded the motion, which carried unanimously. None. Based on input from Attorney Bloor, Mayor Rogers announced the need for an Executive Session for approximately 25 minutes under the authority of RCW 42.30.140(4)(a) to discuss contract negotiations; RCW 42.30.11O(1)(g) to review performance of public and professional employees; andRCW 42.30.11 0(1) (i) to discuss with legal counsel potential litigation. Action may follow. The Executive Session convened at 10:25 p.m. and, at 10:50 p.rn., the Executive Session was extended for an additional 35 minutes by announcement of the Mayor. The City Council convened in regular open session at 11 :23 p.rn. Councilmember Williams moved to approve the Non-Represented and Management Group Comprehensive Salary Review and Proposal, with an effective date of April 1, 2006. Councilmember Headrick seconded the motion, which carried unanimously. The Council again adjourned to Executive Session at 11 :27 p.rn. to continue discussion as set forth above. e - 8 - e e I: RETURN TO OPEN SESSION: ADJOURNMENT: CITY COUNCIL MEETING April 4, 2006 5867 The Executive Session concluded at 11 :35 p.m., and the Council convened in regular open sessi<>'Il. No further acti()nwas taken. The meeting was adjourned at 11 :35 p.m. ~%~::4~'~k j)ptnA- - 9- Exhibit" A" 5868 CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF PRELIMINARY APPROVAL OF THE mAN DE FUCA BLUFFS SUBDIVISION: Conditions: 1. The interior street shall be dedicated and constructed per the City's urban service standards, which includes a 24- foot travel surface, roadside vegetated swales for drainage, and 4- foot sidewalks prior to approval of the final plat. Signage shall be placed on the internal street indicating that on-street parking is prohibited. 2. The fire hydrant spacing shall be as required by the City Fire Department to a maximum 1000' of separation distance. Residences shall be fitted with sprinkler systems. 3. Electric utility service to the subdivision shall be underground. 4. Prior to final plat approval, water service shall be extended to the lots as required by the Public Works Department with an 8-inch main. 5. Stormwater improvement plans shall be submitted for approval per the City's Urban Services Standards and Guidelines and installed prior to final plat approval. 6. Sanitary sewer shall be extended to the new lots as required by the Public Works Department from Milwaukee Drive and shown on the preliminary plat. 7. Building setbacks shall be identified on the final plat and address numbers provided by Public Works and Utilities Department placed on the lots. 8. The applicant shall place a statement on the plat and make it known to all subsequent purchasers of subject lots that said lots are in the proximity of the William R. Fairchild International Airport and that the Port of Port Angeles does not warrant that these lots will always be outside the lowest noise contour currently established for residential use. 9. Fourteenth Street and "P" Street improvements shall be made to Public Works Department standards prior to final plat approval. The applicant shall improve the north Y2 plus 10 feet of 14th Street with curb, gutter, and a 6-foot wide sidewalk. "P" Street shall be improved to a total 24- foot travel width with vegetated drainage swales and a 4- foot wide concrete sidewalk along the west side. Findings: 1. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the approval of subdivisions. RCW 58.17. 2. The Revised Code of Washington 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 school grounds, 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. 5869 Preliminary approval- Juan De Fuca Bluffs Subdivision April 4, 2006 Page 2 3. Section 16.08.050(B)(1) PAMC provides that the Planning Commission shall examine the proposed plat, along with written recommendations ofthe City Departments, and shall either approve or disapprove the submittal. A recommendation thereon shall be ~orwarded to the City Council within a period of 90 days after a preliminary plat has beensubmitted to the City Planning Department. The City Council shall either approve or disapprove the proposed preliminary plat at a public meeting. 4. The Port Angeles Public Works, Light, Parks, and Fire Departments reviewed the proposed Subdivision. Their comments have been incorporated in the Department's recommendation. 5. Preliminary approval is based upon a drawing dated received January 27,2006, prepared for Kenneth Hopfby 4 Seasons Engineering. 6. The subject property is identified as Low Density Residential on the Port Angeles Comprehensive Plan land use map. 7. The proposal has been reviewed with respect to the Comprehensive Plan. 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, Policy B.1, B.2, B.3, and BA, Goal C; Transportation Element Goal A, Policy A.3, A.6, and B.11; Utilities and Public Services Element Policy C.2; Capital Facilities Element Goal A, B, PolicyB.1, B.3, BA, B.5, B.6, B.7, C.2, C.3, CA, and C.5. 8. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service and electrical service (Capital Facilities Element Policy A.9). 9. The City's Comprehensive Plan (Land Use Element Policy B.3) states that development should be designed to further the grid system pattern. Preliminary approval will be based upon the dedication of right-of-way to ensure compliance with the policy. 10. The subject property is identified by the Port Angeles Zoning Map as Residential Single Family RS-11, which allows a density of up to 3.96 dwelling units per acre. The proposed drawing indicates that each lot in the proposed subdivision will be at least 11,000 square feet in size. 11. The site will be served by 14th Street, which is neither an arterial, a designated school walking route, or a designated bicycle route. 12. The marine bluff along the north side of the site is considered an environmentally sensitive area. The appropriate buffer area from the bluff is indicated on the plan. The site is generally level with only a slight slope from south to north. The site is not considered a frequently flooded area as it is not listed on the Federal Emergency Management Act (FEMA) maps which denote those areas that are in 100-year flood areas. 13. The closest transit service is available along "N" Street east of the site. "N" street at the intersection of 1 Oth is the nearest school walking route. The Port Angeles School District evaluates school bus routes and school walking routes on an annual basis. 5870 Preliminary approval- Juan De Fuca Bluffs Subdivision April 4, 2006 Page 3 14. The Port Angeles School District has been notified ofthe development to allow them to plan for needed public school facilities and routes. School busses travel on "N" Street. 15. Building permits are required for all structures on the platted lots. All local building and Fire Codes shall be complied with during construction including residential sprinkler systems. 16. All utilities including potable water, sanitary waste, and refuse collection are available in the area. 17. The City's Police, Fire, and Public Works Departments will service the site. 18. The City's State Environmental Policy Act (SEP A) Official issued a Determination of Nonsignificance (DNS #1145) on March 2,2006, therefore satisfying the City's responsibility under the Act. 19. Improvements to the internal roadway and "P" Street will be required such that the final roadway is an improved width of24 feet with a vegetated drainage swale and a 4' concrete sidewalk established on one side per the City's suburban low impact development standards. Improvements to 14th Street will require 27 feet of paved travel surface with curb, gutter, and a 6-foot concrete sidewalk on the north side. 20. The Port of Port Angeles operation of the Fairchild International Airport is located in the area south ofthe site. The Port staff has been notified ofthe proposed subdivision proposal and it is expected that those who purchase properties in the final subdivision will be aware of the existing on-going airport operation. 21. The City's low impact development standards in suburban areas adopted earlier in 2003 were adopted with the understanding that subdivisions developed under the 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 drainage swales developed under low impact development standards should be kept free of debris by adjacent property owners. 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 ofthe proposed subdivision to the general purposes of the City's Comprehensive Plan and to planning standards and specifications adopted by the City. Conclusions: 1. As conditioned, the proposed Subdivision is consistent with the Port Angeles Comprehensive Plan and Zoning Code. 2. As conditioned, the proposal is consistent with the Port Angeles Subdivision Ordinance, Chapter 16.08 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW. 3. 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, -~ 5871 Preliminary approval- Juan De Fuca Bluffs Subdivision April 4, 2006 Page 4 playgrounds, schools and school grounds, sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. 4. Signage educating residents and visitors to the prohibition of on-street parking should be included in the conditions for subdivision approval in those areas developed under the City's low impact development standards in order to prevent public safety issues that could result if on-street parking clogged streets that are allowed to be reduced in size. 5. 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. Adopt d by the Port Angeles City Council at its meeting of April 4, 2006. , r--- d '~~ Karen A. Rogers, Mayor bp~0 .-tJribA. < Becky J. Upton, City Clerk Exhibit "B" 5872 CONDITIONS, FINDINGS AND CONCLUSIONS IN SUPPORT OF PRELIMINARY APPROVAL OF THE HERITAGE COURT SUBDIVISION: Conditions: 1. The interior street shall be identified and shall be dedicated and constructed per the City's urban service standards, including a 34-foot travel area with curb and gutter prior to approval of the final plat. " 2. The applicant shall dedicate 30 feet of right-of-way along the entire frontage of Ith Street. 3. The fire hydrant spacing shall be as required by the City Fire Department to a maximum 1000' of separation distance. Residences shall be fitted with sprinkler systems. 4. Electric utility service to the subdivision shall be underground. 5. Prior to final plat approval, water service shall be extended to the lots as required by the Public Works Department. 6. Stormwater management plans per the City's Urban Services Standards and Guidelines shall be submitted to Public Works and Utilities Department for review and approval, and installed prior to final plat approval. 7. Sanitary sewer shall be extended to the new lots as required by the Public Works Department from Ith Street and shown on the preliminary plat. 8. Building setbacks shall be identified on the final plat and address numbers placed on the lots, which will be provided by the Building Division. 9. Twelfth Street improvements shall be made to Public Works Department standards prior to final plat approval. A total 34-foot wide paved surface with standard curb is required. Findings: 1. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the approval of subdivisions. RCW 58.17. 2. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform division ofland 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 school grounds, 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. 3. Section 16.08.050(B)(1) PAMC provides that the Planning Commission shall examine the proposed plat, along with written recommendations ofthe 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. i 5873 Heritage Court Subdivision Preliminary approval Page 2 4. The Port Angeles Public Works and Utilities, Light, Parks, and Fire Departments reviewed the proposed Subdivision. Their comments have been incorporated in the Department's recommendation. 5. Preliminary approval is based upon a drawing dated received January 13, 2006, prepared for LBR Construction Co. Inc. by Zenovic and Associates. 6. The subject property is identified as Low Density Residential on the Port Angeles Comprehensive Plan land use map. 7. The proposal has been reviewed with respect to the Comprehensive Plan. 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, Policy B.1, B.2, B.3, and BA, Goal C; Transportation Element Goal A, Policy A.3, A.6, and B.11; Utilities and Public Services Element Policy Co2; Capital Facilities Element Goal A, B, Policy B.1, B.3, BA, B.S, B.6, B.7, Goal C, Policy C.1, C.2, C.3, CA, C.S, and C.S. 8. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service and electrical service (Capital Facilities Element Policy A.9). 9. The City's Comprehensive Plan (Land Use Element Policy B.3) states that development should be designed to further the grid system pattern. Preliminary approval will be based upon the dedication of right-of-way to ensure compliance with the policy. 10. The subject property is identified on the Port Angeles Zoning Map as RS-9 Residential Single Family, which allows a density of up to 4.84 units per acre. The proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000 square feet in size. 11. The site is currently served by 12th Street, which is neither an arterial, a designated school walking route, or a designated bicycle route. "0" Street, which abuts the western 70 feet ofthe subdivision is a collector arterial. 12. Transit service is available along "N" Street east ofthe site. 13. Building permits are required for all structures on individual building lots. All local building and Fire Codes shall be complied with during construction including residential sprinkler systems. 14. 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 currently operate on "N" Street and 14th Street. The Port Angeles School District evaluates school bus routes on an annual basis. 15. All utilities including potable water, sanitary waste, and refuse collection are available in the area and will be extended to the newly created lots in the subdivision. 16. The City's Police, Fire, and Public Works Departments will service the site. 17. The City's State Environmental Policy Act (SEP A) Official issued a Determination of Nonsignificance (DNS #1144) on March 1,2006, therefore satisfying the City's responsibility under the Act. .Ai' 5874 Heritage Court Subdivision Preliminary approval Page 3 18. Improvements to lih will be required such that the final roadway is an improved width of 34 feet with a standard curb. 19. The Port of Port Angeles operation of the Fairchild International Airport is located in the area south ofthe site. The Port staff has been notified of the proposed subdivision proposal and it is expected that those who purchase properties in the final subdivision will be aware of the existing on-going airport operation. 20. 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. 21. There are no environmentally sensitive areas on the site. The site has a minimal slope to the north. The site is not considered a frequently flooded area and is not listed on the Federal Emergency Management Act (FEMA) maps which denote those areas that are within 100-year flood areas. 22. The City's Parks Department has noted 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 less than 1'2 mile northeast of the subject site along "N" Street. The nearest public playground area is located approximately one mile northeast (Crown Park) or one and a quarter mile southeast (Lincoln Park). 23. The Port Angeles School District has been notified ofthe development to allow them to plan for needed public school facilities and routes. The Port Angeles School District provides school bus pick-up for students at Hamilton Elementary School and Stevens Middle School at 12th and "N" Streets. Conclusions: 1. As conditioned, the proposed Subdivision is consistent with the Port Angeles Comprehensive Plan and Zoning Code. 2. As conditioned, the proposal is consistent with the Port Angeles Subdivision Ordinance, Chapter 16.08 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW. 3. 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. 4. 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. ii; 5875 Heritage Court Subdivision Preliminary approval Page 4 Adopted by the Port Angeles City Council at its meeting of April 4, 2006. ~~i(~ Karen A. Rogers, Mayor l._:t Exhibit "e" 5876 FINDINGS AND CONCLUSIONS IN SUPPORT OF STREET VACATION PETITION - STY 06-01 - ANDERSON: Findings: 1. A petition requesting vacation ofthat portion ofthe unopened "P" Street right-of-way south of Milwaukee Drive and north of 16th Street and the north 5' of 16th Street abutting Suburban Lot 83 was submitted on January 10,2006. Abutting properties are owned by the petitioners Mr. Charles Anderson and David Stofferahan. 2. RCW 58.17 requires the signatures of two thirds of abutting property owners to be valid when a vacation of right-of-way is proposed. The subject petition is signed by 100% ofthe abutting property owners. 3. Abutting properties are zoned RS-9 and RS-ll Residential Single Family and those that are developed contain single family structures. The RS, Residential Single Family zones allow the basic single family development uses including accessory structures with lot coverage up to 30%~ 4. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right-of-way. Land Use Map Goal, Policies, and Objective Element Goal A is relevant to the proposal. 5. The City of Port Angeles' Real Estate Committee met on February 13, 2006, and established a value for the unopened right-of-way. 6. The vacating of a street is categorically exempt from a State Environmental Policy Act (SEP A) review per Section 197-11-800 (2) (h) of the Washington Administrative Code. 7. The site was posted for a land use action on February 22,2006, with required publication notification in the Peninsula Dai/v News on February 26,2006. 8. At its February 21, 2006, regular meeting, the Port Angeles City Council established a public hearing date by resolution for action on the street vacation petition as March 21, 2006. The Real Estate Committee ofthe City Council discussed compensation for the right-of-way and decided upon a value of$1.86 per square foot. 9. The Port Angeles Planning Commission held a public hearing on the proposed street vacation on March 8, 2006. Conclusions: A. The unopened right-of-way serves no purpose to the current or long range transportation needs ofthe City. The proposed vacation will place unused property on the City's tax roles and therefore, the vacation serves the public interest. B. The vacated right-of-waywill be consolidated with surrounding residential property and shall be developed in a manner consistent with the RS-9 zone which would therefore be in compliance with Section 17.11 ( RS-9 Zone) of the Port Angeles Municipal Code. 5877 Anderson STV 06-01 Findings and conclusions Page 2 C. The proposal is consistent with the goals and policies of the City's Comprehensive Plan specifically Land Use Map Goal, Policies and Objective Element Goal A. Adopted by the Port Angeles City Council at its meeting of April 4, 2006. ~ ('7) ~~,k' Karen A. Rogers, Mayor