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HomeMy WebLinkAboutMinutes 05/03/2005 5631 CITY COUNCIL MEETING Port Angeles, Washington May 3, 2005 CALL TO ORDER - Mayor Headrick called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 6:00 p.m. ROLL CALL: Members Present: Mayor Headrick, Councilmembers Braun, Ericksun, Munro, Pittis, Rogers, and Williams. Members Absent: None. Staff Present: Acting Manager / Attorney Bloor, Clerk Upton, M. Madsen, D. McKeen, T. Riepe, Y. Ziomkowski, G. Kenworthy, T. Pierce, S. Roberds, M. Puntenney, D Bellamante, and B. Coons. Public Present: P. Schaefer, T. Roth, M. Butler, M. Lang, E. King, C. Kay, P. Lamoureux, L. Rasmussen, J. Jones, B. Reid, A. Holzschuh, and B. & L. Lumens. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilmember Williams. ALLEGIANCE: PUBLIC CEREMONIES, 1. Recognition of Earnest L. Main: PRESENTATIONS AND PROCLAMATIONS: Mayor Headrick and Police Chief Riepe read and presented a proclamation honoring Earnest L. Main, a 94-year-old former City employee who recently turned in his Recognition of Earnest L. driver's license. Chief Riepe noted the recognition was most deserving in light of the Main Highway 101 Safety Project. Mr. Main, joined by his wife and other family members, accepted the recognition and shared memories of past employment, particularly that related to the construction of the Alaska-Canada Highway. Proclamation in 2. Proclamation in Recognition of Transit Employee Appreciation Day: Recognition of Transit Employee Appreciation Mayor Headrick read a proclamation in recognition of Transit Employee Appreciation Day Day, May 18, 2005. Proclamation in 3. Proclamation in Recognition of Older Americans Month - May 2005: Recognition of Older Americans Month - May Mayor Headrick read a proclamation declaring the month of May, 2005, as Older 2005 Americans Month. The proclamation was accepted by D Bellamente, Senior Center Supervisor, who was joined by members of the Senior Center. Downtown Revitalization 4. Downtown Revitalization Excellence in Design Award - Carnegie Library: Excellence in Design Award - Carnegie Library Arla Holzschuh, Executive Director of the Port Angeles Downtown Association, presented a Downtown Revitalization Excellence in Design Award received from the Department of Community Trade and Economic Development for the Carnegie Library. She presented the award to Community & Economic Development Director -1- 5632 CITY COUNCIL MEETING May 3, 2005 Downtown Revitalization Madsen and Clallam County Historical Society Executive Director Kathy Monds. The Excellence in Design award was received during the Downtown Revitalization Institute recently held in Award - Carnegie Library Centralia, Washington. Director Madsen noted that Odyssey Books had also received (Cont'd) an award for design excellence. Ms. Holzschuh announced that Port Angeles will be hosting the Institute this coming year, May 2 - 4, 2006. Recognition of Dan 5. Recognition of Dan McKeen: McKeen Councilmember Pittis, on behalf of Representative Lynn Kessler and the Cities of Hoquiam and Aberdeen, recognized Fire ChiefMcKeen for his work on the ambulance bill. Councilmember Pittis read an e-mail submitted by Representative Kessler lauding ChiefMcKeen for his assistance, and he presented the Fire Chief with a gift certificate from the two cities. WORK SESSION: None. LATE ITEMS TO BE Acting Manager Bloor added two items to the agenda: Award of Pool Hatch Project, PLACED ON TItIS OR added as Agenda Item D.2. and an Amendment to the Consultant Agreement with FUTURE AGENDAS & CH2M Hill, added as Agenda Item D.3. He also advised the Council of a need for an PUBLIC COMMENT: Executive Session to discuss potential litigation for approximately 15 minutes, with no action anticipated. Peter Ripley, 114 E. 6th, # 102, expressed concern on behalf of some of his disabled neighbors with regard to the upcoming chip seal project in the area and the potential for not installing wheelchair ramps. Mayor Headrick responded that the City will provide wheelchair ramps where needed, but it is not intended that ramps be placed at every intersection. He asked that Mr. Ripley discuss the matter with Deputy Director of Engineering Kenworthy. Paul Lamoureux, 602 Whidby, was pleased that the Council listens to public concerns. He expressed the desire to have more public representation on the Utility Advisory Committee, and he sought an increase in hotel/motel taxes. Finance Director Ziomkowskiinformed him that the taxes are at maximum, and the only other source of revenue could be generated by counties with a population of more than 40,000 after forming a "tourist promotion area" with an assessment of $2.00 per room per night. The county must be petitioned by the lodging owners before this could be instituted. Mr. Lamoureux then discussed the slide area behind the Red Lion Hotel, asking that consultants study the area after which repairs should be completed. Councilmember Rogers explained how City staff and officials have repeatedly attempted to get the State to do the repairs, all to no avail. Councilmember Pittis explained that repairs would be more than cosmetic, as the slide is due to rotting vegetation and settling under the roadway. Mr. Lamoureux addressed the legal notice for nine new vehicles, expressing disapproval with the purchase. FINANCE: Electrical Materials - Procurement: Electrical Materials - Deputy Director of Operations Puntenney, along with Deputy Director of Engineering Procurement Kenworthy, presented information relative to the procurement of electrical materials for the extension of electric service to the Western UGA, as well as for Phase III of the Elwha Underground Rebuild Project. Tammy Ratliff, 50 Benson Road, asked if the annexation in the Western UGA had been approved by the Boundary Review Board. Attorney Bloor responded that, technically, the BRB had not approved the annexation. However, four appeals were filed, and agreement has been reached with Fire District II, and it is expected that an agreement with the Dry Creek Water Association will be approved. Yesterday was the deadline for filing briefs with the Boundary Review Board. A brief wasn't filed by the Public Utility District, and the City has been advised that the P.U.D. plans to withdraw its -2- CITY COUNCIL MEETING 5633 May 3, 2005 FINANCE: appeal. Attorney Bloor indicated there is, therefore, one remaining appeal, which he (Cont'd) understands is invalid. Electrical Materials - Councilmember Rogers pointed out that the City has a long lead time in obtaining Procurement (Cont'd) supplies, which makes the acquisition of electrical materials especially timely. She added that the City would need these supplies anyway, whether or not they are used for the annexation area. If the annexation proceeds, the City must have the supplies on hand in order to honor the November 1 date for completion. Couneilmember Braun moved to authorize the City Manager or his designee to sign purchase orders for a total of $407,000. The motion was seeunded by Couneilmember Williams and carried unanimously. Award of William Shore 2. Award of William Shore Memorial Pool Hatch Project: Memorial Pool Hatch Project Deputy Director Puntenney reviewed the need to install a new safety hatch in the pool deck of the William Shore Memorial Pool. The installation of the safety hatch would correct a safety deficiency identified during this year's safety inspection. Couneilmember Pittis moved to award the contract for the William Shore Memorial Pool Hatch Project to Aldergrove Construction Co., Inc., and authorize the Mayor to sign the contract in the amount of $21,822.45. The motion was seconded by Councilmember Rogers and carried unanimously. Amendment No. 2 to 3. Amendment No. 2 to Consultant Agreement with CH2M Hill, Contract #04- Consultant Agreement with 11: CH2M Hill, Contract #04-11 Deputy Director Puntenney summarized information regarding the need to amend the consultant's agreement with CH2M Hill for the provision of engineering services related to the design of utility extensions for the proposed annexation area in the Western UGA. Deputy Director Kenworthyprovided additional information in that, based on a requirement of the Department of Ecology, it is necessary to study the downstream impacts of the sewer before the contract can be completed. Mr. Kenworthy indicated that CH2M Hill is working in concert with Brown & Caldwell on the project. Following further brief discussion, Couneilmember Braun moved to authorize the Mayor to sign Amendment No. 2 to the Consultant Agreement with CIt2M Hill, in the amount of $62,472.00, for a total contract amount not to exceed $904~531.00. Couneilmember Williams seconded the motion. Councilmember Munro inquired as to what would happen if this action were delayed, and Deputy Director Kenworthy indicated the City couldn't serve the Western UGA. Councilmember Rogers indicated the City is still negotiating with DOE on the Combined Sewer Overflow time lines, and Councilmember Pittis explained that the DOE requires planning in advance. To do otherwise would initiate the process on a project-by-project basis, which can severely delay the timely completion &projects. A vote was taken on the motion, which carried unanimously. CONSENT AGENDA: Couneilmember Rogers moved to accept the Consent Agenda, to include: 1.) Minutes &April 19, 2005 City Council Meeting; 2.) Expenditure List - April 22, 2005 - $716,856.45; and 3.) Pool Oversight Committee Membership. The motion was seconded by Councilmember Williams and carried unanimously. Councilmember Williams, referencing Page 6 of the April 19, 2005, City Council minutes, noted his motion to table discussion on fees until such time as there is a comprehensive fee schedule for all programs across the board. He asked if someone intended to track that issue so that it eventually comes offthe table. Finance Director Ziomkowski indicated that staffwould address the issue of fees in the fall. CITY COUNCIL None. COMMITTEE REPORTS: -3- 5634 CITY COUNCIL MEETING May 3, 2005 RESOLUTIONS: None. Break Mayor Headrick recessed the meeting for a break at 7:03 p.m. The meeting reconvened at 7:17 p.m. PUBLIC HEARINGS - 1. ECLIPSE et al Annexation ANX 05-01: Southwest Urban Growth Area OTHER: (SWUGA): ECLIPSE et al Annexation Attorney Bloor informed the Council that this is the continuation of a public hearing Southwest Urban Growth from the last Council meeting and, at the conclusion of the public heating, it is Area (SWUGA) recommended that the Council adopt the Ordinance. He noted that the Boundary Ordinance No. 3196 Review Board process has not been completed, so the Ordinance wouldbe conditioned upon the completion of that process. Assistant Planner Roberds, noting that some of the residents and business owners from the Western UGA were present in the audience, indicated that one of the issues that has arisen with regard to the annexation is zoning. Because the City is working on its Comprehensive Plan at this time, it would be timely for these zoning issues to be addressed so that any changes can be incorporated into the Comprehensive Plan. Planner Roberds indicated there is some confusion on the part of those who mightbe annexed, plus there are questions as to the costs associated with an application for a zoning change. She informed the Council that, since discussed at the last meeting, nothing has changed with regard to the annexation. She added that a bus tour of the proposed area to be annexed as conducted by the Boundary Review Board went very well. Planner Roberds displayed a map showing the zoning in the proposed annexation area, and Attorney Bloor noted that some of the residents are currently zoned as residential so, in keeping with the law, they must be annexed as a residential zone. Once that area comes into the City, then there is a process to be followed in seeking a rezone, with the first step being to change the Comprehensive Plan. Mayor Headrick re-opened the public hearing at 7:25 p.m. Curt DeHaven, a resident in the Western UGA and an opponent to the annexation, understood that the opposing residents didn't have enough signagtres to make their appeal valid. However, he expressed displeasure with the tone used by Director Cutler in announcing that fact during the bus tour conducted of the annexation area. Mr. DeHaven felt the group had not received an appropriate level of communication with regard to the annexation, and Mayor Headrick assured him that the City was concerned with their feelings and wanted to ensure the group had sufficient information. Mr. DeHaven felt that some of the residential areas should be zoned commercial. Director Madsen introduced the Chair of the Planning Commission, Leonard Rasmussen, to provide a summary of the process to be followed in seeking zoning changes in the Comprehensive Plan. Director Madsen felt it timely to make such changes, as the City is currently addressing other changes to the Comp Plan. Mayor Headrick informed Mr. DeHaven that changes can only be accomplished after the annexation has been finalized, and Mr. DeHaven stated his desire to obtain some benefit from the annexation which could be satisfied by a zoning change of his property to commercial or industrial. CouncilmemberWilliams reviewed the process for City and County zoning changes, explaining there are many layers to the process. Mr. DeHaven continued that better communications should have been provided to all residents. For example, he had not been informed of the intention to place a sewer pump station on his property. Attorney Bhior invited Mr. DeHaven to meet with him the next day in order to discuss the annexation and a means by which Mr. DeHaven could reach his goals. As was suggested earlier, Attorney Bloor felt that a fee waiver -4- CITY COUNCIL MEETING 5635 May 3, 2005 PUBLIC HEARINGS - was within the realm of possibility. OTI-IER: (Cont'd) Leonard Rasmussen, 2133 W. 14t~ Street and Planning Commission Chair, indicated that the current zoning in the annexation area is determined by the County, and the City ECLIPSE et al Annexation can't change that zoning until the areahas been annexed into the City. He explained Southwest Urban Growth the process whereby zoning changes are considered by the Planning Commission Area (SWUGA) before proceeding to the City Council. Mr. Rasmussen was hopeful that the Planning Ordinance No. 3196 Commission would be involvedin discussions pertinent to utility plans for the area, and (Cont'd) Councilmember Rogers explained to Mr. Rasmussen that matters related to utilities were subject to negotiation and were not, therefore, brought before the Commission. Mr. Rasmussen acknowledged that fact and, on behalf of the Planning Comrmssion, offered assistance to the Council in the annexation process. Conncilmember Williams added that the City didn't have planning for the urban growth areas, something that was determined by a prior Planning Commission. The suggestion was made that the area residents be contacted as to specific zoning changes they would like to see accomplished. Tammy Ratliff, 50 Benson Road, has also been opposed to the annexation, and she explained that some of the area residents chose to file an appeal so as to not lose their rights in the process. She felt the need to slow things down in order to obtain more information, and she felt more information should be forthcoming from the applicants and the City. Responding to questions posed by Ms. Ratliff, Director Madsen explained that the Growth Management Act does not allow cities to leave islands of properties not annexed or, in other words, annexations with irregular boundaries. Ms. Ratliffthought the City could provide services without annexing property, and Deputy Director Kenworthy explained that sewer could be provided without annexation, and water could be provided once agreement with the Dry Creek Water Association is reached. However, the City must annex in order to provide electrical power. He further explained that the City wouldn't have to go through the permitting process with the Depariraent of Transportation by virtue of the City's annexation of Highway 101. Ms. Ratliff, wanting to receive benefits from the annexation, indicated she would want her properW to be changed to a commercial zoning designation. She inquired as to the time lines and associated costs. Director Madsen explained the process for zoning changes, noting it could take a month to 6 weeks. He reviewed the fee structure which could be alleviated in this instance. He answered Councilmember Pittis that the rezone and the Comp Plan changes could be accomplished in a parallel fashion, and Councilmembers were of the opinion that this special situation is such that any fees should be waived. Ms. Ratliff further discussed the lack of commtmication, and Attorney Bloor extended an invitation for her to meet with staff for needed clarification. Councilmember Rogers provided a anmmary of the Growth Management Act and the means by which the Urban Growth Area boundaries had been set following a significant public process. Bill Hermann, property owner, advised the Council he hadn't talked to any of the other property owners with the exception of those in the industrial area. He stressed the fact that, as an applicant, they had strictly adhered to the roles. They were certain to send out the required notices regarding the meetings; everyone was invited. In addition, every effort was made to avoid impacting the residential property owners to any great extent, as they tried to lessen the financial impacts on those property owners. Charlotte Patterson, 31 Benson Road, raised a question as to the cost of a sewer hook- up, and Deputy Director Kenworthy explained that those residents with a working septic are not required to hook up to the sewer. He referenced informational flyers that had been sent out in an effort to answer questions such as this. Director Madsen indicated that many of the costs have been borne by the industrial applicants. Councilmember Williams introduced the notion of having people sign up at today's prices and pay into a fund in order to have the cost of the sewer hook-up largely paid 5636 CITY COUNCIL MEETING May 3, 2005 PUBLIC HEARINGS - by the time it is needed. He urged the City to study the possibility for future review by OTHER: the Utility Advisory Committee. Deputy Director Kenworthy then explained how the (Cont'd) hook-up to the water system would be revenue neutral based on the agreement negotiated with the Dry Creek Water Association. Councilmember Rogers agreed that ECLIPSE et al Annexation staff should research the possibility of a sewer layaway program, and Conncilmember Southwest Urban Growth Munro related his experience in the creation of an LID for sewer services on the east Area (SWUGA) side of town. He noted the folks in the Western UGA wouldn't have the same costs, Ordinance No. 3196 and he encouraged them to talk further with staff and to consider withdrawing their (Cont'd) appeal to the annexation. Mr. Hermaun felt that the matter of LIDs had been a driving force in their decision to absorb some of the infrastructure costs. Mr. DeHaven returned to the podium, indicating it was his understanding that the appeal of the residents was void because of the lack of numbers. He then expressed displeasure with the 45-day process for the appeals, and Attorney Bloor explained that the 45-day factor was part of the Boundary Review Board process, and notifications of that process were an obligation of the County. Director Madsen shared with the Council his observation that the City's Community Development staff had been most diligent in reaching out to the residents of the proposed annexation area in order to provide information and needed clarification. Mayor Headfick closed the public hearing at 8:29 p.m. Coancilmember Pittis, referencing Page 2, Section 2.B. of the Ordinance, suggested that language be added to the extent, "and the City will undertake a future detailed comprehensive review of the zoning applied to the area". It was agreed that this should be included as an amendment to the Ordinance. Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. 3196 AN ORDINANCE adjusting the corporate boundary of the City of Port Angles to include property consisting of approximately 358.50 acres west of the current City limits, south of Highway 101. Councilmember Braun moved to adopt the Ordinance as read by title and as amended, subject to either completion of the Boundary Review Board review or the termination of those proceedings. Councilmember Williams seconded the motion, which carried unanimously. Street Vacation Petition 2. Street Vacation Petition - STV 05-01 - Reid/City of Port Angeles: Vacation Reid/City of Port Angeles: of a portion of "A " Street and a portion o fl 7'~ Street west of Tumwater Truck Portion of"A' Street and Route: Portion of 17® Street West of Tumwater Track Route Director Madsen provided a summary of information pertinent to the proposed sheet Ordinance No. 3197 vacation that is an effort on the part of Mr. Reid to consolidate properties to make them more usable. The recorranendation forwarded to the City Council is for approval. Mayor Headrick reopened the public hearing at 8:32 p.m. Attorney Bloor informed the Council that, as a result of further survey work completed, the amount of square footage for the street vacation had been slightly reduced, so the amount for compensation was lowered to $18,768.09. Planner Roberds showed a map of the area in question, and Attorney Bloor noted there is reference to an associated easement, so it would be appropriate to adopt the Ordinance, and the Conditions, Findings, and Conclusions, and authorize the Mayor to execute the easement as provided in the agenda packet. Burt Reid, 919 W. Lauridsen Boulevard, the applicant, indicated he would like to have the Ordinance contain specific language referencing the easement, since the easement is part of the overall plan. ARer brief discussion, it was agreed that such language -6- CITY COUNCIL MEETING 5637 May 3, 2005 Street Vacation Petition could be incorporated in Section 3 of the Ordinance. Reid/City of Port Angeles: Portion of"A" Street and Mayor Headrick read the Ordinance by title, entitled Portion of 17th Street West of Tumwater Track Route ORDINANCE NO. 3197 Ordinance No. 3197 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of 17t~ Street abutting Lots 11 - 15, Block 444, and Lots 6 - 10, Block 447, Townsite of Port Angeles, and a portion of"A" Street from the south line of 16th Street to the south line of 17th Street, in Port Angeles, Clallam County, Washington. Councilmember Rogers moved to adopt the Ordinance as read by title, amending Section 3 and citing Conditions 1 - 2, Findings 1 - 11, and Conclusions A - D, as set forth in Exhibit "A" which is attached to and becomes a part of these minutes, and authorizing the Mayor to execute the easement. The motion was seconded by Councilmember Williams and carried unanimously. ORDINANCES NOT Proposed Pedestrian Interference Ordinance: REQUIRING PUBLIC HEARINGS: Police Chief Riepe summarized the draft Ordinance that was prepared in order to address intimidating and threatcnfing individuals who have been blocking the sidewalks, Proposed Pedestrian particularly in the downtown area. He indicated the Ordinance will be the tool by Interference Ordinance which the Police Department can address disorderly behavior. Attorney Bloor added Ordinance No. 3198 that it has been difficult to control behavior on public streets, and this Ordinance has been modeled after a Seattle Ordinance that has been upheld by the Appellate Court as being valid. Lengthy discussion ensued, with Councilmembers posing questions as to specific portions of the Ordinance. It was suggested that the matter of noise be addressed in terms of loud musical instruments, something that Chief Riepe indicated he would further research. In addition, by the language contained in the Ordinance, Councilmember Williams felt that sidewalk signs would be prohibited; however, Chief Riepe and Attorney indicated that the matter of signs is addressed elsewhere in the Code. Additionally, with regard to Section 11.12.080 F., it was suggested that the language be changed to allow flagpoles or standards therefore placed or authorized by the City. Similarly, it was suggested that the same language be added to Section L. as well. It was noted that Attachment A should be referred to as ExhibitA. Bob Lumens, owner of Ravens World, spoke in support of passage of the Ordinance, as there is a specific citizen who has been very defiant and who feels the City has no authority to stop his behavior. Chief Riepe felt the Ordinance would be helpful in dealing with individuals such as that. Ada Holzschuh, Executive Director of the Port Angeles Downtown Association, 105 ¼ East First, thanked Chief Riepe and Attorney Bloor, as well as the committee members who worked onthis Ordinance. She indicated she has seen this developing problem in the downtown area, and the Ordinance would resolve some of the concerns on the part of downtown business owners. Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. 3198 AN ORDINANCE of the City of Port Angeles, Washington, prohibiting interference with pedestrians on public sidewalks in the City limits of Port Angeles, amending 11.12.080 and creating a new chapter, Chapter 11.18, of the Port Angeles Municipal Code. -7- 5638 CITY COUNCIL MEETING May 3, 2005 ORDINANCES NOT Attorney Bloor indicated that, under normal circumstances, the Council doesn't adopt REQUIRING PUBLIC an Ordinance at the time of its initial presentation. However, in this instance, it is HEARINGS: recommendedthat the Council proceed to adoption. Therefore, Couneilmember Pittis (Cont'd) moved to suspend the normal rule regarding the adoption of Ordinances. The motion was seconded by Councilmember Rogers and carried unanimously. Proposed Pedestxian Interference Ordinance Councilmember Rogers moved to adopt the Ordinance as read by title, Ordinance No. 3198 incorporating the amendments as proposed. Councilmember Munro seconded the (Cont'd) motion, which carried unanimously. OTHER 3. Appointment of Members to Port Angeles Forward Committee: CONSIDERATIONS: Attorney Bloor advised the Council that appointment of the members of the Port Appointment of Members Angeles Forward Committeeis follow-up to the adoption of the Ordinance formalizing to Port Angeles Forward the Committee. Councilmember Pittis moved to appoint the members of the Port Committee Angeles Forward Committee for the term, March 1, 2005 - February 29, 2008. The motion was seconded by Councilmember Rogers and carried unanimously. IBEW Labor Contract for 4. IBEW Labor Contract for 2005 - 2007: 2005 - 2007 Human Resources Manager Coons summarized the terms of the labor contract with IBEW Local//997 in that wage increases would be instituted in the amount of 4% for 2005, 3.5% for 2006, and 3.5% for 2007. Wages would be retroactive to January, 2005. The City would pay a matching amount of up to $100 per month into a deferred compensation program, and the employees would pay 12% of the medical insurance premimn as of May, 2005. Councilmember Braun moved to approve the labor contract between the City of Port Angeles and the IBEW covering the period of January 1, 2005 - December 31, 2007, and authorize the Mayor to sign the contract, inclusive of retroactive wages to January I, 2005. The motion was seconded by Councilmember Williams, after which discussion followed relative to the fact that wages beyond 2% would be paid out of the electric reserve. Councilmember Braun urged the continuation of the apprentice program, and Councilmember Rogers asked for a comparative spreadsheet itemizing benefits for all groups of employees. A vote was taken on the motion, which carried unanimously. Dry Creek Water 5. Dry Creek Water Association Agreement: Association Agreement Attomey Bhior presented for consideration the proposed agreement with the Dry Creek Water Association to facilitate annexation of the City's Western UGA. He noted the summary of the agreement that was made a part of the agenda packet, indicating it is expected that the Dry Creek Water Association will approve the agreement and, therefore, withdraw its appeal before the Boundary Review Board. Attorney Bloor advised the Council that this is intended to be a long-term agreement as encouraged by the Growth Management Act and County policy. Councilmember Williams moved to approve and authorize the Mayor to sign the DCWAICity of Port Angeles Water Service Agreement, and authorize the City Manager or the Acting City Manager to negotiate minor changes to the agreement, if necessary. Councilmember Braun seconded the motion, which carried unanimously. Councilmember Braun noted that staffhas done an excellent job in working through these agreement issues. PUBLIC HEARINGS - None. QUASI-JUDICIAL: INFORMATION: None. -8- CITY COUNCIL MEETING 5639 May 3, 2005 EXECUTIVE SESSION: Based on input from Attorney Bloor, Mayor Headrick announced the need for an Executive Session for approximately 15 minutes under the authority of RCW 42.30.110(i), to discuss with Legal Counsel an item of litigation or the legal risks ora proposed action. No action was anticipated. The Executive Session convened at 9:27 p.m. RETURN TO OPEN The Executive Session concluded at 9:50 p.m., no action was taken, and the Council SESSION: reconvened in regular open session. ADJOURNMENT: F--'~e meeting was adjourned at 9:50 p.m. ta~, ~ IRichardA. Headri~k,M~yor ~1~.~ ' ~ecky J. upt~ Cit~lerk -9- Exhibit "A" 5640 CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF STREET VACATION PETITION - STV 05-01 - REID: Conditions: 1. Industrial access to the site shall be per the access agreement between the City of Port Angeles and Burt Reid and his heirs and successors which defines the ingress/egress route to the private property as being from Lauridsen Boulevard. No access will be developed via the Tumwater Track Route except for emergency issues. The Citywill install fencing at the western edge of the existing "A" Street surface and will establish a hammer head T turn around at the 17~ Street intersection. The City will be responsible for maintenance of that portion of the access easement from Lauridsen Boulevard up to and including the 17th Street T turn around. Mr. Reid and Iris heirs and successors will be responsible for fencing surrounding his property, will provide necessary drainage control along "A" Street as required by the City Engineer, and will maintain the ingress/egress easement north of 17th Street to the vacated 16/17 alley in good condition. 2. Lots owned by the petitioner in Block 444 shall be combined into one building site per Zoning Lot Covenant prior to the issuance of any building permit for the property. Findings: 1. A petition requesting the vacation of that portion of right-of-way located west of the Tumwater Truck Route legally described as abutfmg Lots 11 - 15, Block 444, Lots 1 and 20, Block 443, and Lots 6 - 10, Block 447, Townsite of Port Angeles was submitted on March 3, 2005, by Mr. Burt Reid and co sponsored by the City of Port Angeles. The petitioners are the owners of t 00% of the abuttingproperties. The subject properties are generally described as that portion of West 17t~ Street located between the Tumwater Truck Route and "A" Street, and that portion of"A" Street from 17th Street north to 16th Street. 2. The subject area is zoned IL Industrial Light while "A" Street north of 16th Street is zoned RS7 Residential Single Family. The IL zone allows for a variety of industriai uses which are largely devoid of exterior nuisances and typically involve the manufacture of finished products from pre-fabricated materials, material storage or product wholesaling. The zone does not permit residential development but provides the basic urban land use pattern for light industrial uses with direct access to an arterial street and requires a minimum of 10' wide buffering of mature trees between the zone and adjacent residential uses. The RS7 zone does not allow industrial uses. 3. 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; Land Use Element Commercial Goals and Policies Goal D, and Policy D.3; and Industrial Element Goals and Policies Goal G, Policy G.2, and Goal H are relevant to the proposal. 4. The City of Port Angeles' Real Estate Committee met on March 7, 2005, and established the value of the unopened right-of-way at $2.30 per square foot. The subject area is approximately 250' x 35'. 5641 Conditions, Findings, and Cbnclusions STV 05 OI Ma), 3, 2005 Page 2 5. RCW 58.17 requires that right-of-way be equally divided between immediately abutting property owners. Mr. Reid has agreed to quit claim interest in that portion of "A" Street abutting his property ownership north of the 16/17 alley (to 16th Street) to the City of Port Angeles per an easement agreement as a condition of vacation. The 17th Street right-of-way is proposed to be vacated equally to abutting property owners. 6. The 16/17 alley right-of-way within Block 444 was vacated in January, 2005, to abutting property owner Burt Reid along with undeveloped City properly within the block west of the Tumwater Track Route ravine. The vacation will facilitate both the consolidation of Mr. Reid's properties in the area and the City's existing corporation yard activities in the area. 7. The vacating of a street is categorically exempt from a State Environmental Policy Act (SEPA) review per Section 197-11-800 (2) (h) of the Washington Administrative Code. 8. The site was posted for a land use action on March 18, 2005, with required publication notification in the Peninsula Daily News on March 3, 2005. 9. At its March 22, 2005, regular meeting, the Port Angeles City Council established a public hearing date by resolution for action on the street vacation petition as May 3, 2005. 10. The Port Angeles Planning Commission held a public hearing on the proposed street vacation on April 13, 2005, and forwarded a favorable recommendation to the City Council for final consideration. 11. The Port Angeles City Council conducted a public hearing on the proposed street vacation on May 3, 2005, and approved the petition with conditions. Conclusions: A. As conditioned, the access easement agreement will ensure that the established residential neighborhood north of the site will not be negatively impacted by the vacation by preventing industrial traffic from using the residential neighborhood as a traffic corridor. The agreement will ensure cooperation between land owners within the industrial area with regard to ingress/egress in a manner that will be in the public's interest, safety, and welfare. B. As conditioned, site development will consolidate industrial property in a more logical manner in order to ensure practical development of the site under the EL Industrial Light zone. Specific access to the industrial site will be defined as a result of the vacation as proposed which is in the public interest and safety. 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; Land Use Element Commercial Goals and Policies Goal D, and Policy D.3; and Industrial Element Goals and Policies Goal G, Policy G.2, and Goal H were found to be relevant to the proposal. 5642 Conditions, Findings, and Conclusions STV 05-01 May 3, 2005 Page 3 D. The street vacation is in the public interest as it places unused right-of-way on the tax roles, provides for the consolidation of industrial uses in the area, and provides safe and logical ingress/egress to the industrial area while allowing for the retention and expansion of existing businesses in the area. ed by the Port Angeles City Council at its meeting of May 3, 2005. Richard A. Headrick, Mayor Becky J. Ut~n, ~l/ty ~l~rl~~'- -