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HomeMy WebLinkAboutMinutes 04/16/1996 3256 CITY COUNCIL MEETING Port Angeles, Washington April 16, 1996 CALL TO ORDER - Mayor Ostrowski called the special meeting of the Port Angeles City Council to SPECIAL MEETING: order at 6:35 p.m. ROLL CALL: Members Present: Mayor Ostrowski, Councilmembers Braun, Campbell, Doyle [arrived at 6:35 p.m.], Hulett, McKeown, and Wiggins. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, B. Becker S. Brodhun, K. Godbey, S. Ilk, B. Titus, D. Sawyer, K. Ridout, B. Jones, M. Campbell, R. Ellsworth, Y. Ziomkowski, T. Smith, G. Kenworthy, and D. McKeen. Public Present: G. Stratton, S. Mathews, and J. Pearce. Interview Applicants for The City Council interviewed candidates Mary Craver and Julie Bondy to fill a Boards and Commissions vacancy on the Planning Commission. ADJOURN SPECIAL The special meeting was adjourned at 6:50 p.m. MEETING: CALL TO ORDER - Mayor Ostrowski called the regular meeting of the Port Angeles City Council to REGULAR MEETING: order at 7:05 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Ostrowski. ALLEGIANCE: APPROVAL OF Councilman Braun moved to approve the minutes of the regular meeting of MINUTES: April 2, 1996. Councilman Wiggins seconded the motion. Councilman Doyle requested a change to Page 8 regarding the discussion of the street vacation. The minutes state that the property would be more valuable if excavated, but should state it would be more valuable as a parking lot as it currently exists. A vote was taken on the motion, which carried by a majority vote, with Councilmen Hulett and Wiggins abstaining as they were absent from the meeting. CEREMONIAL Mayor 'Ostrowski explained that while there were no ceremonial matters listed on the MATTERS/ agenda, there were three to be placed before the Council at this time. PROCLAMATIONS: Earth Day Proclamation 1. Proclamation for Earth Day Mayor Ostrowski read a proclamation declaring April 21, 1996 as Earth Day. Bob Jones, Superintendent of Solid Waste, announced that Earth Day was going to be celebrated on Sunday, April 21, 1996, at the Landfill. Instead of allowing residents to dump their solid waste free of charge, as was done last year, a fee of $2.00 or four food items per load will be charged. All proceeds will go to the Food Bank. National Community 2. National Community Theater Week Theater Week Mayor Ostrowski read a letter written by President Clinton recognizing National Community Theater Week. -1- 3257 CITY COUNCIL MEETING April 16, 1996 CEREMONIAL $. Introduction of New Fire Marshal MATTERS/ PROCLAMATIONS: Fire Chief Becker introduced Dan McKeen as the City's new Fire Marshal. Mayor (Cont'd) Ostrowski presentod Fire Marshal McKeen with a badge of office and congratulated him on his achievement. Fire Marshal FINANCE: 1. Agreement with Brown & CaMwell for Services Related to Outfall and Permitting Agreement with Brown & Caldwell for Services Mayor Ostrowski reviewed the information provided by the Public Works Related to Outfall and Department. Councilman Campbell moved to authorize the Mayor to execute the Permitting contract with Brown and Caldwell to provide wastewater related engineering support services in an amount not to exceed $244,700.00. Councilman Braun seconded the motion. After limited discussion, a vote was taken on the motion, which carried unanimously. A g r e e m e n t w i t h 2. Agreement with Parametrixfor Groundwater Monitoring at the Landfill Parametrix for Groundwater Monitoring Mayor Ostrowski reviewed the information provided by the Public Works Department, and Councilman Wiggins inquired if the original contract was let by bid. Bob Jones, Superintendent of Solid Waste, explained that this was part of another contract when first let. This will be the second extension to the contract, and the scope of work included in this extension did not exist during the letting of the original contract. Manager Pomeranz explained that this contract was not done through a formal bid process, but the City had accepted proposals from several qualified firms and selected Parametrix. Councilmember McKeown moved to authorize the Mayor to sign a contract extension with Parametrix in an amount not to exceed $24,652. Councilman Doyle seconded the motion, which carried unanimously. Agreement with 3. Agreement with Parametrix for Landfill Design - Phase I Parametrix for Landfill Design Mayor Ostrowski reviewed the information provided by the Public Works Department. Councilman Campbell moved to authorize the Mayor to enter into the attached contact with Parametrix. Councilman Hulett seconded the motion, which carried unanimously. Delta Star Contract 4. Declare Contract Complete with Delta Star for College Sub Transformer Declared Complete Mayor Ostrowski reviewed the information provided by the Light Department. Councilman Wiggins moved to declare contract CL95-1 with Delta Star, Inc. complete and authorize the retainage payment of $16,463.75 to be paid upon receipt of releases from the Department of Revenue and the Department of Labor & Industries. Councilman Campbell seconded the motion, which carried unanimously. CONSENT AGENDA: Councihnan Doyle inoved to accept the Consent Agenda, including: 1) Out-of- state travel to APWA National Conference in Washington, D.C.; 2) Out-of-state travel to NENA annual conference in Denver by Police Communications Manager; 3) Authorize travel in excess of $750 for City Light Director to attend NWPPA annual meeting in Victoria, B.C.; 4) Authorize travel in excess of $750 for City Light Maintenance Conference in Seattle; 5) Payroll for April 7, 1996 - $359,317.59; 6) Voucher List - April 12, 1996 - $539,073.53. Councilman Braun seconded the motion. After brief discussion, a vote was taken on the motion, which carried unanimously. ITEMS FROM THE Manager pomeranz asked to discuss a funding request for submission to the AUDIENCE/COUNCIL/ Department of Natural Resources for assistance on aquatic lands enhancement. This STAFF TO BE was added as Item D.7. CONSIDERED OR PLACED ON A l. Request front Story People of Clallam County for reconsideration of funding FUTURE AGENDA: request in support of the Second National Storytelling Festival. Story People of Don Patzman, Treasurer and Co-Chair of the Second Storytelling Festival, reminded Clallam County the Council that they had approached the Council for funding assistance last year, but it was too late in the budget process and no funds were available. The Council had -2 - 3258 April 16, 1996 ITEMS FROM TIlE assured the Storytellers that they would receive consideration during this year's AUDIENCE/COUNCIL/ budgeting process. The Storytellers applied; however, the funding request was STAFF TO BE inadvertently fled in with the request made by the Juan de Fuca Festival of the Arts. CONSIDERED OR Mr. Patzman clarified there i~,no connection between the two entities. He stated that PLACED ON A the Storytellers have met all of the City's funding requirements. An error led to FUTURE AGENDA: them not being considered for funding, and they wish to appeal to the Council for (Cont'd) consideration of a funding request for the Second Storytelling Festival to be held September 27 - 29, 1996. Mr. Patzman then quoted from a letter of support from Story People of the Chamber of Commerce. Clallam County (Cont'd) Josephine Pedersen, President and Co-Chair of the Festival, thanked the Council for their consideration of this request. Last year's Festival was very successful as it helped fill hotel/motel rooms and restaurants. Ms. Pedersen felt this festival was of cultural significance and strongly urged the Council to be involved by approving the funding request. Elsa Johnson informed the Council that the Storytelling Festival held last year was one of the larger ones in the nation. She felt this year twice as many people would attend, and the City should be prepared for a large influx of visitors. Five hundred people attended the festival last year. Mayor Ostrowski stated that the Council appreciated the fine work of the Story People of Clallam County. Cultural activities definitely need to be encouraged, and those who give of their time and effort for these events are praiseworthy. However, he reminded the Council that there is a budget approval process. The Storyteller's request for funding was reviewed during the hotel/motel tax allocation process. That request was denied due to lack of funds. Many groups received reduced or no funding. It was suggested that the Storytellers work with the Festival of the Arts, and, unfortunately, it appears this did not work out. The Mayor suggested the Storytellers pursue involvement with the Festival of the Arts, and he encouraged the Council to honor the budget process. Ms. Pedersen explained that she had met with the Festival of the Arts, however, due to a difference in philosophies, it was not possible for them to work together. At Councilmember McKeown's request, Tim Smith reviewed the process for consideration for hotel/motel tax funds, and explained that the Storytellers request for funds had been judged on its own merits, and the steering committee felt the program had value and hoped that possibly the $6,000 given to the Festival of the Arts could be shared with the Storytellers. Clerk Upton explained that when the original awards were made, the suggestion was included in the letter to Juan de Fuca that they might collaborate and include the Storytellers; however, it was not a contractual requirement. Councilmember McKeown moved that this item be referred back to the Councilmembers Campbell and Wiggins, Manager Pomeranz and Tim Smith for further discussion and possible solution. Councilman Doyle seconded the motion, which carried unanimously. PUBLIC HEARINGS: None. LEGISLATION: A. Ordinances not Requiring Public Hearings Street Vacation - Library 1. Street Vacation Request - STV 96(03)01: Portion Of Orcas Street Between Ordinance No. 2913 Chase Street atgl Peabody Street Mayor Ostrowski reminded the Council this ordinance was held in abeyance pending a determination as to the amount of compensation. Deputy Public Works Director Ridout stated a Real Estate Committee meeting had been held, and it was agreed that $3.52 per square foot for the 35,000 square feet, or a total of $123,200, was a fair price. The proponent would pay 50% of this amount or $61,600. This money goes into the City sidewalk fund. Councilman Doyle explained how the Committee arrived at the purchase amount, and Mayor Ostrowski read the Ordinance by title, entitled ORDINANCE NO. 2913 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of Orcas Street between Chase and Peabody Streets. Councilman Hulett moved to adopt the Ordinance as read by title. Councilmember McKeown seconded the motion, which carried unanimously. -3- 3259 CITY COUNCIL MEETING April 16, 1996 LEGISLATION: Clerk Upton pointed out that there were Findings and Conclusions which needed to (Cont'd) be cited as well. Councilman Hulett moved to cite Findings 1 - 7, Conclusions A - B, and one Condition of approval as set forth in Exhibit 'A", which is Street Vacation - Library attached to and Imcomes a part of these minutes. Councilman Doyle seconded Ordinance No. 2913 the motion, which carried unanimously. (Cont'd) Request to Receive Water 2. Request to Receive Water at Port Facilities for Use Outside the City and at Port Facilities for Use Consideration of Ordinance Establishing Surcharge Rate for Water Resale Outside City or Transfer Outside of Port Angeles Ordinance No. 2914 Mayor Ostrowski reviewed the information provided by the Public Works Department. Ralph Ellsworth, Superintendent of Water/Wastewater, explained that the Port of Port Angeles had received a request to sell 1.5 million gallons of water to Terry Spragg from Spragg and Associates. The Port felt the City should be consulted on a sale of this magnitude. Mr. Ellsworth spoke to Mr. Spragg who explained his plans and ideas for transporting water. April is about the only time of year this quantity of water would be available for sale. Brief discussion followed, and Mr. Ellsworth responded to questions directed by the Council. Mayor Ostrowski then invited Mr. Spragg to address the Council. Terry Spragg thanked the Council for the opportunity to speak and stated the water he is requesting to purchase will only be used in the State of Washington, as it is for a demonstration tour from Port Angeles to Seattle and Tacoma. Mr. Spragg then gave a summary of the procedures he will follow and what he hopes to achieve with this project. He then stated that there were two issues for Council consideration: 1) whether the City will sell him the water; and 2) what he will be charged for the purchase if it is approved. If this project proves successful, it could create jobs for the Olympic Peninsula. Mr. Spragg then addressed the purchase price and explained what potable water could mean to the Mideast. Discussion followed, and Mr. Spragg responded to questions directed by the Council. Mr. Spragg then demonstrated the new zipper developed to connect the bags into a train. Mr. Spragg pointed out that the Ordinance under consideration tonight will not take effect until five days after publication. If this is so, when he fills up on Saturday the Ordinance will not be in effect, and the City will not be able to charge him the new rates. Attorney Knutson explained that the. effective date cannot be changed as that is established by State law; however, the language of the ordinance can be changed so that the Ordinance is retroactive. Further discussion followed, and Councilman Campbell expressed concern over the sensitivity of the river and felt that the information on this issue was not presented to the Council in a timely manner. Councilmember McKeown echoed Councilman Campbell's concerns and asked how many jobs would be created in Port Angeles. Mr. Spragg deferred to Joe Schmidt. Joe Schmidt explained that he did the last two test deployments in 1990 and 1991. He had six people working around the clock for 72 hours. Approximately $20,000 in wages, machinery costs, and fuel was charged to Mr. Spragg at that time. Mr. Johnson stated that water has been purchased through the Port facility in the past, and the City was never involved. The City was informed of this purchase as a courtesy, to ensure the pumps were all in line. Councilman Braun felt the Council must be good stewards of the City's resources. It is difficult to turn away business; however, the Council's first concern is taking care of resources whether it is the budget or water from the Elwha River. Councilman Doyle felt the water would not be missed in the system particularly given the April weather. Councilman Hulett pointed out that the Lower Elwha Tribe was comfortable with this one time sale of water; therefore, it should not be a problem. Mayor Ostrowski pointed out that the Council has a procedure which must be followed. He was concerned that the Council was not notified of the request in a timely manner, and that Representative Buck and Congressman Dicks had been told that the City had refused the sale of the water when the Council had not yet even been notified of the request. Mr. Spragg apologized and accepted full responsibility for any problems created by this request. Attorney Knutson stated that if the Council wished to approve this water sale with the conditions set forth in the Ordinance, rather than amend the Ordinance, it can be accomplished by contract. A motion could be made to approve the sale and authorize the Mayor or City Manager to sign a contract with the same terms and conditions as set forth in the Ordinance. The Ordinance can be adopted as well to take care of any future water sales. Councilman Doyle moved to authorize the Mayor and City Manager to enter 3260 April 16, 1996 LEGISLATION: into a contract with Terry Spragg and Associates for the sale of 1.5 million (Cont'd) gallons of water for a total price, to be paid in advance,' of $5,013.37. Councilmember McKeown seconded the motion. Councilmember McKeown urged Request to Receive Water Mr. Spragg to ~..'~~lf with the rules of procedure for Port Angeles before at Port Facilities for Use undertaking anYf~(i~ P~(~jects which impact the City. Attorney Knutson responded Outside City to a Council inquiry by explaining how the purchase price was calculated. Manager Ordinance No. 2914 Pomeranz stated the money would be used to enhance the City's water supply. A (Cont'd) vote was taken on the motion, which carried by a majority, with Councilman Braun voting in opposition. Mayor Ostrowski read the Ordinance by title, entitled ORDINANCE NO. 2914 AN ORDINANCE of the City of Port Angeles, Washington, establishing rates and conditions for the sale of water for resale or transfer outside of Port Angeles and amending Chapter 6 of Ordinance 2181, as amended, and Chapter 13.44 of the Port Angeles Municipal Code. Councilman Hulett moved to adopt the Ordinance as read by rifle. Councilman Campbell seconded the motion. After brief discussion, a vote was taken on the motion, which carried by a majority vote, with Councilman Braun voting in opposition. B. Resolutions not Requiring Public Hearings None. Planning Commission/ C. Planning Commission Minutes/Action Items Action Items I. Preliminary Subdivision - Highland Commons, Melody Lane: Proposal to Preliminary Subdivision subdivide two lots (approximately 6. 88 acres) of a previous short plat into Highland Commons four new tots, with one being an open space parcel, in the RHD, Residential High Density Zone. Mayor Ostrowski reviewed the information provided by the Planning Department and Senior Planner Sawyer offered clarification of the issue. Councilman Hulett moved to approve the Highland Commons Preliminary Subdivision subject to Conditions 1 - 18 and citing Findings 1 - 10 and Conclusions A - D, as set forth in Exhibit 'B' which is attached to and becomes a part of these minutes. Councilman Braun seconded the motion, which carried unanimously. D. Other Considerations Appointment to Planning 1. Appointment to Planning Commission Commission Mayor Ostrowski stated there was a vacancy on the Planning Commission for an unexpired term ending March 1, 1999. He asked Clerk Upton to poll the Council in left to right seating order. Mayor Ostrowski and Councilmembers Doyle, Campbell, and Hulett cast votes for Mary Craver. Councilmembers Braun, Wiggins, and McKeown cast votes for Julie Bondy. Mary Craver was, therefore, selected by a majority vote. Set Time and Date for 2. Set Time and Date for Annual Council/Staff Goal-Setting Session Annual Council/Staff Goal-Setting Session Manager Pomeranz reminded the Council that this is an annual presentation. Current goals and accomplishments are reviewed, and goals are set for the new year. Mayor Ostrowski has offered the use of the Clallam Transit Facilities, and the proposed date is Monday, May 20, 1996. Councilmembers will check their schedules and staff will contact them for confirmation of the date. [Clerk's Note: During the break, Councilmembers further discussed the proposed date for goal setting, and it was discovered there are some conflicts for May 20. Therefore, it was agreed that Thursday, May 23, may be a preferred meeting date.] -5- 3261 C1TY COUNCIL MEETING April 16, 1996 LEGISLATION: 3. Report on Analysis of the Use of Local Sales Tax as a Criteria for Bid (Cont'd) Award Report on Analysis for Mayor Ostrowski reviewed the information provided by the Public Works Use of Local Sales Tax as Department. Deputy Director Ridout explained why using local sales tax as criteria Criteria for Bid Award for bid awards would not be feasible. Councilman Wiggins moved that local sales tax not be considered in the award of construction contracts. Councilmember McKeown seconded the motion, which carried unanimously. Grant Contracts 4. Authorize Mayor to Sign Grant Contract for: Food Bank Plan; Housing Rehabilitation Phase III; and Coordinated Recycling Grant Mayor Ostrowski reviewed the information provided by the Public Works Department regarding the Food Bank and Housing Rehabilitation Phase III. Councilmember McKeown moved to authorize the Mayor to sign, after City Attorney approval, the contracts and related documents with the Department of Community, Trade and Economic Development, accepting $750,000 in Block Grant funds for the implementation of Phase III of the Port Angeles Housing Rehabilitation Project, and accepting $21,875 in Block Grant funds for the development of a building plan for a new Port Angeles Food Bank. Councilman Wiggins seconded the motion, which carried unanimonsly. Mayor Ostrowski reviewed the information provided by the Public Works Department regarding the Coordinated Prevention Grant for recycling activities. Councilman Hulett moved to authorize the Mayor to execute the contract with the Washington State Department of Ecology accepting grant funds for the 1996- 1998 Coordinated Prevention Grant. Councilman Campbell seconded the motion. After limited discussion, a vote was taken on the motion, which carried unanimously. Break Mayor Ostrowski recessed the meeting for a break at 8:50 p.m. The meeting reconvened at 9:10 p.m. Marine Lab Expansion 5. Review and Acceptance of Marine Lab Expansion Feasibility Study Feasibility Study Mayor Ostrowski deferred to Tim Smith, Contracts and Projects Administrator for the Public Works Department. Mr. Smith introduced some of the project proponents for the Marine Lab expansion idea, including: Dr. Pete Schroeder of Marine Mammal Research, Dr. Jim Walton of Peninsula College, Mark Nakatani of KCM, and Ray Lovely, President of the Friends of the Lab. Mr. Smith stated the Council is being asked to accept the £mal report for the feasibility phase of the project; he then reviewed the history of the expansion idea. Mark Nakatani, representative of KCM, described the highlights of the draft report and explained the nature of the final report. He stated the feasibility study makes several points: 1) the existing visitor traffic is sufficient to support operating costs for a larger facility; and 2) capital costs would need to be carefully and creatively funded. Tim Smith stated that the existing Lab is financially challenged. Peninsula College currently supports the Marine Lab, but there is doubt that support will continue in the future. The future of a waterfront Marine Lab may be dependent upon its ability to sustain itself. Mr. Smith then invited questions from the Council. Dr. Pete Schroeder, Marine Mammal Research, encouraged the Council to accept the feasibility study. The study shows that building a large marine lab would be an encouragement to visitors to remain in Port Angeles for a longer time. Another 'benefit is the creation of new jobs. Dr. Schroeder felt that a steering committee should be formed to work on this project, and it should be liaisoned with the Downtown Forward Committee to create a master plan. Jim Walton of Peninsula College stated that the College spends about $45,000 per year financing the Lab. He had presented the Marine Lab concept to the Society of American Foresters, and they were considering a building to showcase some of the forests of the Northwest Peninsula. Mr. Walton pointed out that there is a forest within the Marine Lab which will need to be interpreted. He suggested that the Foresters consider that several hundred thousand visitors per year will pass through the Marine Lab and would see the forest exhibit. Mr. Walton has been notified that the Foresters thought this was a great idea, and they are willing to adopt a portion of this exhibit. -6- 3262 April 16, 1996 LEGISLATION: Tim Smith closed by sharing several reports from past years which all allude to (Cont'd) waterfront parks, trails and an enhanced marine lab as methods of increasing tourist traffic. He asked that one or two Council members volunteer to serve on the Marine Lab Expansion steering committee Feasibility Study (Cont'd) After brief discussion, Councilman Doyle moved to accept the final report on the Economic Feasibility Analysis for the Expansion of the Arthur D. Feiro Marine Laboratory. Councilman Wiggins seconded the motion. After further limited discussion, a vote was taken on the motion, which carried unanimously. Manager Pomeranz asked that any Council member interested in serving on the steering committee contact his office. Committee members will be discussed at a future meeting. 1995 Annual Financial 6. 1995 Annual Financial Report Report Mayor Ostrowski was pleased to report that the City's revenues exceeded budget estimates and expenditures decreased. Thanks to careful spending, the reserve balance was also increased. Manager Pomeranz stated the report focused not only on revenues and expenditures, but on the accomplishments and productivity of the individual departments. All across the nation, there are cities facing bankruptcy, and governments are unable to balance their budgets. They are forced to make payroll and expenses via deficit financing. The City of Port Angeles has achieved a balanced budget, despite facing the difficulties of poor economy. As Port Angeles faces unanticipated expenditures, it has the flexibility of a strong reserve. Manager Pomeranz praised staff for striving to keep a balanced budget, and at Mayor Ostrowski's request, he explained the types of expenditures for which the reserve balance can be used. Using the overhead projector, Finance Director Godbey summarized the revenues and expenditures for each department and reviewed departmental goals and accomplishments. Yvonne Ziomkowski, City Treasurer, then reported on the City's investments and explained how interest is projected on the various investment funds. Mayor Ostrowski and the Council thanked staff for all their efforts in keeping a balanced budget and for preparing an excellent presentation. Funding Request to DNR 7. Resolution Authorizing Funding Request to the Department of Natural Resolution No. 5-96 Resources for Assistance for Aquatic Lands Enhancement Mayor Ostrowski read the Resolution by title, entitled RESOLUTION NO. 5-96 A RESOLUTION of the City Council of the City of Port Angeles, authorizing application to the Department of Natural Resources for funding assistance for an aquatic lands enhancement account project. Manager Pomeranz stated he felt this was clearly in line with the goals established by the City Council at its recent meeting with the Port of Port Angeles. He explained that City and Port staff have worked together on a grant application, and with Council's support, there is an excellent chance that the community will be successful in this grant application. At Mayor Ostrowski's request, Tim Smith summarized the events that have taken place since the meeting with the Port which led to this Resolution. Mr. Smith also explained the grant application process and stated the DNR has been very encouraging. Councilman Campbell moved to pass the resolution as read by title. Councilmember McKeown seconded the motion, which carried unanimously. Break Mayor Ostrowski recessed the meeting for a break at 10:35 p.m. The meeting reconvened at 10:45 p.m. ADJOURN TO The meeting adjourned to Executive Session at 10:45 p.m. to discuss litigation. EXECUTIVE SESSION: -7- 3263 CITY COUNCIL MEETING April 16, 1996 RETURN TO The meeting returned to open session at 11:15 p.m. OPEN SESSION: ADJOURNMENT: The meeting was adjourned at 11:45 p.m. -8- 3264 Exhibit "A" CONDITION, FINDINGS & CONCLUSIONS - STREET VACATION STV 96(03)01 - NORTH OLYMPIC LIBRARY SYSTEM: Condition: 1. Appropriate utility easements for water, sewer, and electrical facilities shall be required as requested in the memorandum received February 21, 1996 from the City Light Department (March 13, 1996 Staff Report for CUP 96(03)02, STV 96(03)01, & PKV 96(03)01 Attachment I) and the memorandum received February 22, 1996 from the Public Works Department (March 13, 1996 Staff Report for CUP 96(03)02, STV 96(03)01 & PKV 96(03)01 Attachment G). Findings: 1. The applicants, City of Port Angeles and the North Olympic Library System (NOLS), have applied for a street vacation to facilitate the construction of a new Port Angeles Branch Library and Service Center facility in the Commercial, Office (CO) zone as proposed in the March 13, 1996 Staff Report for CUP 96(03)02, STV 96(03)01, & PKV 96(03)01 Attachment F. 2. The procedure for vacating rights-of-way is set forth in 35.79 RCW. 3. A valid petition was received requesting vacation of that portion of the Orcas Street right- of-way abutting Lots 1 and 2, Block 18, Lots 1 through 6, Block 22 (owned by the Holy Trinity Lutheran Church)), Lots 7 through 10, Block 22 (owned by the Jamestown Klallam Indian Tribe and JKT Development Inc.) of the Puget Sound Cooperative Colony's Second Addition, Section 10, Township 30N, Section 6W, Clallam County, Washington located between Chase Street and Peabody Street. 4. A public hearing before the City Council was set by Resolution No. 3-96, thereby satisfying 35.79.020 RCW for notification of a heating on the proposal. 5. The vacation of public rights-of-way is categorically exempt from threshold determination and environmental impact statement requirements per Section 197-11-800 (2) (h) of the Washington Administrative Code. 6. Property adjacent to the subject right-of-way is designated Commercial and LOw Density Residential by the City's Comprehensive Plan and is zoned CO, Commercial Office and RS -7. 7. Reviewing City departments, Public Works, Fire, and Light, had no comment regarding . the vacation proposal. 3265 Conclusions: A. As conditioned, the proposed street vacation is consistent with the intent of the City's Comprehensive Plan Land Use Policies A2 and D1, Utilities and Public Services Policy B2, and Conservation Policies Al, A3, B15 and B17. B. As conditioned, the proposed vacation of the subject right-of-way is in the public interest and serves a public purpose.  ted by the Port Angeles City Council at its meeting of April 16, 1996. '"~dsper~Os~rows~J, Ma'yo-r ' - B'-~ky J. U~n, ~j~ty 61~rkT- --- 3266 Exhibit "B" CONDITIONS, FINDINGS & CONCLUSIONS PRELIMINARY SUBDIVISION - HIGHLAND COMMONS, Melody Lane: Conditions: 1. The final plat shall be substantially in accord with the revised preliminary plat of Highland Commons Subdivision as prepared by Northwestern Territories Inc., dated received March 13, 1996, except as may be modified by conditions stated below: 2. The Highland Commons plat shall be consistent with the requirements of the City's Wetlands Protection Ordinance prior to application for final plat approval. 3. Any dwelling unit built in the subdivision shall be provided with a residential sprinkler system. 4. Fire hydrants shall be spaced no farther than 1,000 feet apart for the subdivision. 5. Any cul-de-sac improvement for the subdivision shall have a minimum 90 foot curb to curb diameter with on-street parking allowed or a minimum 80 foot diameter with no on- street parking allowed. 6. Ten (10) foot utility easements shall be provided to the City on all sides of Melody Circle. 7. All power lines serving this subdivision shall be installed underground per City Light design and easement requirements. 8. Grid North shall be shown on the plat. 9. A cul-de-sac rather than a hammerhead turnaround shall be provided at the end of Melody Circle. 10. A 100 foot diameter turnaround shall be provided at the intersection of Melody Lane/Circle. 11. Storm detention/treatment shall be provided, and the outfall to White's Creek shall be extended. HPA will be required as well as a maintenance agreement. 12. Sewer and water extensions and easements to serve each lot shall be provided. The 8 inch water main shall be looped through the site to Melody Lane. Fire hydrants shall be installed as required by the Fire Department. 13. Melody Lane shall be improved to city standards with a 34 foot roadway to Golf Course Road including curb and gutter both sides. Storm drain improvements shall be included. All improvements to be completed to the satisfaction of the Public Works Department prior to final plat or bonded for completion prior to occupancy. 3267 14. The Highland Communities PRD and Highland Commons Subdivision perimeter walkway shall be a dedicated public easement and public walkway signing shall be installed at all connections with public streets and private roadways and at the southwest comer of the site near the trail head into White's Creek Ravine. 15. Lot 4 (.68 acres) which is not proposed for residential buildings but required as open space for the Highland Communities PRD shall be improved as a recreation facility per a plan approved by the City Parks Director, and the improvements shall be completed before application for final plat approval. 16. Street lighting shall be provided per the approval of the City Light Department. 17. A stormwater permit application shall be made at least 30 days prior to commencement of construction, if an NPDES permit under their Baseline General Permit for Storm Water Discharges Associated with Industrial Activities is required for the subdivision by the Department of Ecology. 18. Alternate setbacks per Table "A" Conditional Uses in Residential Single Family Districts and Chapter 17.16 Homes for the Elderly shall be noted on the final plat. Findings: 1. The request is for approval of a 4 lot subdivision northwest of the west end of Melody Lane. 2. The site is designated High Density Residential on the Comprehensive Plan Land Use Map. The proposal has been reviewed with respect to the goals, policies and objectives of the Plan, the most relevant of which have been identified in the staff report. 3. There are a number of level of service standards contained in the Comprehensive Plan which have been considered in the staff report. 4. The proposal has been reviewed with respect to the areas of concern listed in Section 58.17.110 RCW. 5. The property is zoned RHD. The lots meet the minimum lot area of the RHD Zone. 6. Melody Lane is the local access street for Highland Commons Subdivision, and Golf Course Road is the nearest arterial and closest street improved to City street standards. 7. A Determination of Non-Significance and adoption of the existing EIS for Highland Communities PRD was issued on March 2, 1996. 8. Timely comments on the DNS were received on April 8, 1996, from the Department of Ecology. 3268 9. The preliminary subdivision for Highland Commons was first submitted on March 11, 1996, and revised on March 13, 1996. Conclusions: A. As conditioned, the subdivision is consistent with the Port Angeles Comprehensive Plan. B. As conditioned, the subdivision is consistent with the Port Angeles Zoning Ordinance and Subdivision regulations. C. Appropriate provisions have been made for the public health, safety and general welfare and for such open spaces, drainageways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, sidewalks and safe walking conditions for students who walk to and from school. D. The public use and interest is served in the platting of this subdivision. The subdivision implements the desired land use pattern for this area as articulated in the Comprehensive Plan and Zoning Ordinance. The subdivision also provides for development of new housing within the City of Port Angeles Urban Growth Area, consistent with the Growth Management Act and increases the availability and affordability of housing opportunities for the community. .AdOpted by t~Angeles City Council at its meeting of April 16, 1996. "'th'dsp[r 01~r-0ws~,--'~ayor B~ky J. U~n, ~ty Cle~-