HomeMy WebLinkAboutMinutes 05/16/2006
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CALL TO ORDER-
REGULAR MEETING:
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
PRESENTATIONS,
CEREMONIAL
MATTERS &
PROCLAMATIONS:
National Police Week &
National Peace Officers
Memorial Day
WORK SESSION:
LATE ITEMS TO BE
PLACED ON TillS OR
FUTURE AGENDAS &
PUBLIC COMMENT:
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5897
CITY COUNCIL MEETING
Port Angeles, Washington
May 16, 2006
Mayor Rogers called the regular meeting of the Port Angeles City Council to order at
6:10 p.rn.
Members Present:
Mayor Rogers, Deputy Mayor Williams, Councilmembers
Braun, Headrick, Munro, and Wharton.
Members Absent:
Councilmember Erickson.
Staff Present:
Manager Madsen, Attorney Bloor, D. McKeen, T. Riepe,
Y. Ziornkowski, C. Hagar, S. Johns, G. Kenworthy, T.
Pierce,M. Puntenney, and N. West.
Public Present:
R. Leach, E. Beckett, P. Lamoureux, D. Stofferahn, B. &
S. Neff, A. LoPresti, C. Kidd, M. Wall, T. Irwin, C.
Arakawa, T. Jennings, L. Rasmussen, 1. Ralston, P. Miller,
P. Hall, L. Olsen, D. Danner, C. Shillington, H. Simpson,
M. Turner, and F. Cavanaugh.
The Pledge of Allegiance to the Flag was led by Councilmember Wharton.
1. Proclamation: National Police Week & National Peace Officers
Memorial Day:
A proclamation declaring the week of May 14 - May 20, 2006, as National Police
Week and May 15, 2006, as National Peace Officers Memorial Day was read and
presented by Mayor Rogers to Chief of Police Riepe.
None.
Mayor Rogers read aloud a press release announcing the resignation ofCouncilmember
Lauren Erickson effective May 31,2006, due to health issues and work obligations.
City Manager Madsen asked to add the appointment to fill a vacancy on the Parks,
Recreation and Beautification Commission as Item'4 under Other Considerations, and
to add the Change Order Approval, Olympic Discovery Trail Landslide Debris as Item
5 under Finance. Mayor Rogers noted that the Committee appointment was on the
agenda as Item H. 2. An updated memo on the issue had been distributed to the
Council prior to the beginning of the meeting.
Deputy Mayor Williams asked to add the approval of the Resolution amending the
Council Selection Process rule. This was added as Item 4. under Other Considerations.
Larry Little 1234 E. 2nd St., spoke regarding the closure of the Discovery Trail due to
the landslide and its effect on the Olympic Discovery Marathon. However, he stated
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5898
CITY COUNCIL MEETING
May 16, 2006
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS &
PUBLIC COMMENT:
(Cont'd)
CITY COUNCIL
COMMITTEE
REPORTS:
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
Skateboard Ordinance
Ordinance No. 3245
he had received a message from Bill Sterling stating the Trail would be reopened in
time for the Marathon. Mr. Little thanked Council and Bill Sterling for taking.
immediate care of this problem. . At Councilmember William's request, Mr. Little .a
explained that certifying an alternative route would take time and effort and could not .
be done prior to the Marathon.
Elizabeth Beckett, Beckett's Bike Shop, 421 E. 12th St., spoke in opposition to the
Skateboard Ordinance and asked that bicycles be removed from the Ordinance
language. Ms. Beckett further noted that it was unsafe to bicycle in downtown Port
Angeles and that bicycle lanes were necessary. She opposed the section of the
ordinance regarding forfeiture and seizure of bicycles. At Council's request, Deputy
Director of Engineering Services Kenworthy explained that, in order to put bicycle
lanes in the downtown, parking would have to be removed from one side of the street.
Maureen Wall, 314 W. First St., supported Ms. Beckett's request to remove bicycles
from the Ordinance and echoed her comments on the need for bicycle lanes in the
downtown area.
Paul Lamoureux, 602 Whidby, referenced comments previously made on Solid Waste,
asked if a report on Gateway would be forthcoming, asked if Walmart would be
allowed to take debris from derelict buildings to the Landfill, and expressed the opinion
that funds for redesign of the 8th Street Bridges would be better spent to maintain the
existing bridges for the next 20 years. Mr. Lamoureux also stated his preference on
options considered for water, stormwater, and CSO rates. Mr. Lamoureux then
presented the Council with a slightly altered version of the fluoridation information
distributed by the City. Discussion followed, and the Council and staff responded to
Mr. Lamoureux' questions.
Peter Ripley, 114 E. 6th St., #102, spoke in regard to the Skateboard Ordinance,
reiterating previous comments on the skateboard park that was gifted to the youth of
Port Angeles.
Cherie Kidd, 101 E. 10th St., asked for consideration of placing receptacles in the
downtown for smoking material waste.
None.
Skateboard Ordinance:
Mayor Rogers read the Ordinance by title:
ORDINANCE NO. 3245
AN ORDINANCE of the City of Port Angeles Washington, relating to the use
of skateboards, roller skates, in-line skates, bicycles, and similar devices,
and creating a new Chapter 10.26, of the Port Angeles Municipal Code.
Chief Riepe noted this was the second hearing for this Ordinance. A number of issues
have been covered, including the number of complaints from downtown businesses.
Bicycles are prohibited from riding on downtown sidewalks by WAC, many kids have
been told to stay off the sidewalks, so now it is time to have a consequence. There are
many bike lanes in Port Angeles that are used regularly. Staff would support increasing
the number of bike lanes; however, due to the number of pedestrians, Chief Riepe did _
not believe bicycles should be allowed on the sidewalks. Further, he felt traffic was too .
heavy in the downtown area to safely allow children to ride. Chief Riepe noted that if
it so desires, Council can change the wording so bikes are not subject to seizure.
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r-
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ORDINANCES NOT
REQillRING PUBLIC
HEARINGS:
(Cont'd)
Skateboard Ordinance
Ordinance No. 3245
(Cont'd)
Break
PUBLIC HEARINGS -
OTHER:
2006 Comprehensive Plan
and Land Use Map
Amendments - Various
Cronin Comprehensive
Plan Land Use Map
Amendment
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,l
CITY COUNCIL MEETING
May 16, 2006 'J"
5899
Attorney Bloor reminded the Council that there were three questions regarding the
ordinance at the last meeting; and those items have been addressed in the Ordinance
presented tonight. They include clarification of the definitions for sidewalks, wheeled
devices, and disabled persons. Attorney Bloor informed the Council that seizure and
forfeiture are not intended to be the first line of enforcement of the ordinance, but
rather the last means used. Amendments can be addressed at a future meeting.
Mayor Rogers opened the matter to public comment at 6:54 p.m.
Kevin Thompson, 130 W. Front Street, President of the Downtown Port Angeles
Association, stated the Association had discussed the Ordinance and asked for stiffer
penalties for repeat offenders. The downtown is only four blocks in length, and a bike
rider could easily walk the bike for that short distance. He asked that bicycles remain
in the Ordinance, as it provides an opportunity to tame those riders that are out of
control. The Association took a vote on the Ordinance, which passed with only one
dissenting vote.
Council discussion followed, and staff provided further clarification, especially as
regards to where bikes can and cannot be ridden, whether seizure and forfeiture are
discretionary or mandatory, and whether wheeled devices included strollers. Deputy
Mayor Williams asked if Railroad A venue was wide enough to accommodate a bicycle
lane, to which Deputy Director Kenworthy applied affrrmatively. However, Mayor
Rogers felt there were safety issues to be considered due to heavy ferry traffic on that
street. After thanking staff for making the requested changes and clarifications,
Deputy Mayor Williams moved to adopt the Ordinance as read by title.
Councilmember Headrick seconded the motion, which carried unanimously.
Mayor Rogers recessed the meeting for a break at 7: 18 p.m. ~e meeting reconvened
at 7:33 p.m.
1.
2006 Comprehensive Plan and Land Use Map Amendments - Various:
Associate Planner Johns presented information on the Comprehensive Plan
Amendments, reading aloud each of the 30 proposed Comprehensive Plan amendments
and three Land use Map changes and noting the recommendations for each as made by
staff and the Planning Commission. The amendments to the Comprehensive Plan
include changes to defmitions, growth management, transportation, housing, capital
facilities, and economic development.
Using PowerPoint slides, Mr. Johns exhibited the three land use amendments,
describing the zoning changes. The area described as Land Use Map Change 2 is
currently designated High Density Residential (HD R) and is zoned Residential Medium
Density. If approved, the zoning would change to HDR.
Land Use Map Change 3 is currently zoned Low Density Residential (LDR); the
amendment would change the zoning to Commercial (C).
2. Cronin Comprehensive Plan Land Use Map Amendment:
Manager Madsen noted one more Comprehensive Plan Amendment which was first
discussed during the 2004 Comprehensive Plan review. At that time, it was suggested
the change be brought back for consideration at a later date. This Land use Map
change would affect Race Street from Fourth Street to Sixth Street, changing the zoning
from MDR to C. Manager Madsen suggested combining this item with the first
Comprehensive Plan Land Use Map amendment for the sake of time and discussion.
The Council agreed, and again Mr. Johns used PowerPoint slides to demonstrate the
area under discussion. During the presentation, Mr. Johns responded to questions and
provided additional information and clarification on the various elements.
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5900
CITY COUNCIL MEETING
May 16, 2006
Break
PUBLIC HEARINGS -
OTHER:
(Cont'd)
2006 Comprehensive Plan
and Land Use Map
Amendments - Various
(Cont'd)
Cronin Comprehensive
Plan Land Use Map
Amendment (Cont' d)
Mayor Rogers recessed the meeting for a break at 9: 10 p.rn. The meeting reconvened
at 9:22 p.rn.
Mayor Rogers read the Ordinances by title:
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ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles Washington, adopting an
Updated Comprehensive Plan and Land Use Map.
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles Washington, amending the
Comprehensive Plan Land Use Map.
Mayor Rogers opened the public hearing at 9:23 p.rn.
Loran Olsen, 1152 Highland Ave., spoke against Land Use Map Change 2, stating it
was not in the best interest of the homeowners in that area, as it could potentially alter
the area from long-term to a transient population.
Penny Hall, 1107 Grant A ve., spoke against Land Use Map Change 2, stating it was not
in the best interest of the homeowners in that area, as it could potentially alter the area
from long-term to a transient population.
Sam Tikka, 1119 E. Park Ave., spoke against Land Use Map Change 2, noting he built
his home in an area zoned RS7 and RS9, and the City changed the zoning to RMD
without notifYing homeowners.
Penny Miller 1130 E Park Ave., spoke against Land Use Map Change 2 , echoing the
comments of Ms. Hall.
John Ralston, POBox 898, owner of the property under discussion, reminded the
Council the agenda item is the Comprehensive Plan, not zoning issues. He supported
the high density zoning, noting that there is a need for nursing homes, assisted living,
and other types of mixed housing.
Len Rasmussen, 2133 W 14th addressed item Comprehensive Plan Amendment T3,
asking staff to enhance the amendment.
Cynthia Shillington, 322 Doyle Rd. , addressed Map Change 3, spoke against the
rezone, as she felt it would negatively impact the quality of life of those living in the
area.
Heidi Simpson, 302 Doyle Rd., also addressed Map Change 3, asking the Council to
leave the zoning residential.
Margo Turner, 3904 S. Reddick Rd., owner of property in Map Change 3, felt housing
on Hwy. 101 was not conducive to good use. She suggested that a small business on
the highway portion of the land was logical, and she further noted that Commercial
zoning would allow for housing as well.
Taylor Jennings, 629 E. Front St., addressing the Land Use Amendments allowing for
an Artists' Initiative, distributed information to the Council regarding the research she
had done supporting this issue.
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There was no further testimony, and Mayor Rogers closed the public hearing at
10:09 p.m.
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Extend Meeting Beyond
10:00 p.m.
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PUBLIC HEARINGS -
OTHER:
(Cont'd)
2006 Comprehensive Plan
and Land Use Map
Amendments - Various
(Cont'd)
Cronin Comprehensive
Plan Land Use Map
Amendment (Cont'd)
OTHER
CONSIDERATIONS:
Preliminary Subdivision -
Rose Garden Subdivision
Park Commission
Candidate Selection
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CITY COUNCIL MEETING
May 16, 2006
5901
Deputy Mayor Williams moved to extend the meeting beyond 10:00 p.m.
Councilmember Braun seconded the motion, which carried unanimously.
Following brief discussion regarding the time frame for passing the Ordinance
amending the Comprehensive Plan, the item was continued to the June 6, 2006, City
Council meeting.
Noting the lateness of the hour, Mayor Rogers moved to Item H. 3. on the agenda in
order to accommodate the applicant.
3.
Approve Preliminary Subdivision - Rose Garden Subdivision:
Associate Planner Johns reviewed the proposed preliminary subdivision and used a
PowerPoint map to show the area under consideration. The subdivision would consist
of 24 lots on 7.7 acres and is zoned Residential Medium Density. The Planning
Commission forwarded a favorable recommendation for approval of the preliminary
subdivision. Mr. Johns responded to questions posed by the Council, especially as
related to the development of sidewalks and streets to urban standards.
Mayor Rogers posed questions relative to appearance of fairness. Deputy Mayor
Williams disclosed he is a real estate agent and has no interest in the area of the
subdivision. He felt he could be neutral in hearing the matter. Mayor Rogers added
that her husband is a real estate agent, and he has no interest in the property to be
considered. Therefore, the Council qualified for consideration of this subdivision.
Dave Stofferahn, 54 Clary Ln., Sequim, the applicant, approached the podium at
Council's request to provide clarification regarding the development of the streets and
sidewalks and other possible development of a trail offering ingress and egress to the
subdivision from Milwaukee Drive, to which Mr. Stofferahn then deferred to his
engineer, Mr. Bob Leach.
Bob Leach, 717 S. Peabody St., provided further clarification regarding a utility
easement and the possibility of a walking trail connected to Milwaukee Drive.
Following further discussion, Deputy Mayor Williams moved to concur with the
Planning Commission's recommendation and approve the preliminary
subdivision, citing Conditions 1 -11, Findings 1 - 24, and Conclusions A - D, as set
forth in Exhibit" A", which is attached to and becomes a part of these minutes.
Councilmember Headrick seconded the motion, which carried unanimously.
2.
Park Commission Candidate Selection:
Again noting the lateness 'of the hour, Councilmember Munro asked to move to Item
H. 2. on the agenda, as the candidate selected by the Parks Commission was present in
the audience. Manager Madsen noted the Council had received an updated memo on
this issue. There were four applicants for the position, and the Parks Commission
forwarded a recommeridation to appoint Taylor Jennings to fill the vacancy.
Councilmember.Munro moved ,to appoint Taylor Jennings to fill the vacant
position on the Parks Coriunission. Councilmember Braun seconded the motion,
which carried unanimously.
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5902
; ~./4{
Crry COUNCIL MEETING
May 16,2006
RESOLUTIONS:
2006-2012 Transportation
Improvement Program
(TIP) and Capital Facility
Plan (CFP)
Resolution No. 10-06
OTHER
CONSIDERATIONS:
(Cont'd)
Water Facilities Agreement
with Clallam Co. PUD #1,
Rook Road
Amending Council's Rules
of Procedure
Resolution 11-06
FINANCE:
Lincoln Street Storm Sewer
Project 05-13
1.
2006-2012 Transportation Improvement Program (TIP) and Capital Facility
Plan (CFP):
Deputy Director of Engineering Services Kenworthy stated the purpose of the
Resolution was to set a date to hold a public hearing on the Transportation
Improvement Program and Capital Facility Plan. Mayor Rogers read the Resolution
by title:
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RESOLUTION NO. 10-06
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, setting a public hearing date of June 6, 2006 for review of the
Six-year Transportation Improvement Program (TIP) and the Capital
Facilities Plan (CFP) for the years 2006-2012.
Councilmember Braun moved to pass the Resolution as read by title.
Councilmember Headrick seconded the motion, which carried unanimously.
1. Water Facilities Agreement with Clal/am Co. PUD #1, Rook Road:
Deputy Director Kenworthy summarized information pertinent to the Water Facilities
Agreement with the Clallam County PUD #1, which will transfer 905 feet of 8-inch
water main to the City at no cost to either party, and disconnect it from the PUD
system. Deputy Mayor Williams moved to authorize the City Manager to sign the
Intergovernmental Water Facilities Agreement and accept the facilities described
therein. Councilmember Braun seconded the motion. Following brief discussion
and clarification, a vote was taken on the motion, which carried unanimously.
4. Amending Council's Rules of Procedure:
Mayor Rogers noted this has been discussed at a previous meeting, and she asked that
the Council pass the Resolution, as any future Council can amend as it sees fit. Mayor
Rogers read the Resolution by title:
RESOLUTION NO. 11-06
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, creating a new section in the Council's Rules of Procedure,
Section 14, for filling Council vacancies.
Deputy Mayor Williams moved to pass the Resolution as read by title.
Councilmember Wharton seconded the motion. Deputy Mayor Williams stated he
did not support this resolution, but he would not vote against it, but would rather
abstain from voting. Councilmember Munro asked if this could wait until the next
election instead of making an appointment. Attorney Bloor explained that statute
requires that the Council to fill the vacancy within 90 days. After further discussion,
a vote was taken on the motion, with Deputy l\iayor Williams abstaining. As
abstention counts as an affirmative vote, the motion passed unanimously.
1.
Lincoln Street Storm Sewer, Project 05-13:
Deputy Director Kenworthy noted ouly one bid had been received, which greatly
exceeded the budget. He recommended the Council reject the bid and direct staff to
reduce the scope of the project for rebidding later in the year. Councilmember Munro
moved to reject the single bid for the Lincoln Street Storm Sewer, Project 05-13,
and direct staff to reduce the scope of the project with the goal of reducing the e
project cost, then to be rebid later this year. Councilmember Headrick seconded
the motion which, after brief clarification, carried unanimously.
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Cedar Street Retaining
Wall Repair, Project 05-22
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8th Street Bridge
Replacements, Amendment
No.3 to the Exeltech
Consultant Agreement for
Redesign
Park/Campbell
Improvements, Project
Nos. 04-04 & 05-12,
Change Order 3
Change Order Approval,
Olympic Discovery Trail
Landslide Debris Removal
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i,i-_"';;';
CITY COUNCIL MEETING
May 16, 2006
5903
2.
Cedar Street Retaining Wall Repair, Project 05-22:
Deputy Director Kenworthy summarized the information pertaining to the project.
Four bids had been received, all of which exceeded the Engineer's estimate. In
addition, one bidder has filed abid protest. Following further discussion, Deputy
Mayor Williams moved to reject the bids for the Cedar Street Retaining Wall
Repair, Project 05-22 and direct staffto revise the plans with the goal of reducing
the project cost and rebid the project. Conncilmember Munro seconded the
motion, which carried unanimously.
3. 8th Street Bridge Replacements, Amendment No.3 to the Exeltech Consultant
Agreement for Redesign:
Deputy Director Kenworthy summarized the information pertaining to the 8th Street
Bridge Replacement, Amendment No.3 to the Exeltech Consultant Agreement for
Redesign. The City had received an estimate from Exeltech for $750,00 to redesign
the bridge. After discussion and negotiations, Exeltech agreed to eliminate its
professional fee as well as some of the overhead, which reduced the estimate to a
$622,500 lump sum payment. Councilmember Munro asked if it would be more
feasible to change fIrms for the redesign, to which Mr. Kenworthy replied negatively,
as it would be more costly to start over from the beginning. Discussion followed, and
Mr. Kenworthy responded to questions and provided clarification. Council expressed
its frustration at the increase in costs due to the world tragedies, including Hurricane
Katrina, which have affected the world market for steel.
Councilmember Headrick moved to approve and authorize the Mayor to sign
Amendment No.3 to the Consultant Agreement with Exeltech in the lump sum fee
amount of$622,500 and to authorize allocation of added matching funds from the
Governmental Fund for 2006 capital projects. Councilmember Braun seconded
the motion. Councilmember Wharton announced that she would abstain from voting,
as she felt she was not well enough acquainted with the project information. A vote
was taken on the motion, which carried unanimously, with Councilmember
Wharton abstaining.
4. Park/Campbell Improvements, Project Nos. 04-04 & 05-12, Change Order 3:
Deputy Director Kenworthy summarized the change order which is necessary due to
trench backfIll failures. It is difficult to establish responsibility for the failures, but
Jordan Excavating, who performed the backfIlling, has offered to share the cost of
repairs. Councilmember Munro moved to approve and authorize the City
Manager to sign Contract Change Order No.3 for Projects 04-04 and 05-12 in the
estimated amount of $18,980, including applicable taxes. Councilmember Braun
seconded the motion which, following brief discussion, carried unanimously.
5. Change Order Approval, Olympic Discovery Trail Landslide Debris Removal:
Deputy Director Kenworthy summarized information provided to the Council just prior
to the meeting. A landslide occurred on Sunday, May 14, 2006, causing a blockage
on the Olympic Discovery Trail east of the Rayonier Mill site. Time is ofthe essence
in clearing the landslide, as a bicycle event is scheduled for this coming weekend, and
a marathon is scheduled the following weekend. The estimated cost of the change
order is between $15,000 and $20,000. Washington Department ofFish & Wildlife
mitigation measures, if any, are unknown at this time; therefore, the cost could vary.
Councilmember Munro moved to approve and authorize the City Manager to sign
a Contract Change Order with the selected contractor for the Olympic Discovery
Trail Repairs in the estimated amount of $20,000 including applicable taxes.
Deputy Mayor Williams seconded the motion, which carried unanimously.
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5904
CITY!,COUNCIL MEETING
May 16, 2006
CONSENT AGENDA:
INFORMATION:
EXECUTIVE SESSION:
RETURN TO OPEN
SESSION:
ADJOURNMENT:
Councilmember Munro moved to accept the Consent Agenda, to include: 1.)
City Council Minutes of May 2,2006; 2.) Expenditure Approval List: 4/22/06-5/5/06,
$2,946,149.30; 3.) Benefit Dump Day - June 11, 2006. The motion was seconded by
Deputy Mayor Williams and carried unanimously.
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None.
Based on input from Attorney Bloor, Mayor Rogers announced the need for an
Executive Session under the authority of RCW 42.30.11 O(l)(i) - potential litigation,
42.30.110(g) and 42.30.140(4)- employee evaluation and discussion of professional
contract for approximately 20 minutes, with action that may follow. The Executive
Session convened at 11 :30 p.m. and, at 12:00 Midnight, was extended for an additional
15 minutes by announcement of the Mayor.
The Executive Session concluded at 12: 17 a.m., and the Council convened in regular
open session. Deputy Mayor Williams moved to amend the City Manager's base
salary contract for 2006 to $122,000. Councilmember Headrick seconded the
motion, which carried by a majority vote, with Councilmember Braun voting in
opposition.
The meeting was adjourned at 12:20 a:m.
AD ~.LJpm^-
Becky J. Upton, ity erk
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- 8 -
Exhibit "A"
5905
CONDITIONS, FINDINGS, AND CONCLUSIONS IN PRELIMINARY APPROVAL OF THE
ROSE GARDEN SUBDIVISION:
Conditions:
1. The interior street identified as Rose Court and Kaitlyn Way shall be dedicated and
constructed per the City's standards, with a 34-foot wide travel surface, curbs and
gutters, and sidewalks prior to approval of the final plat.
2. 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 per the
Fire Departments standards.
3. Electric utility service shall be underground.
4. Prior to\ final plat approval, water service shall be extended to the lots as required by the
Public Works and Utilities Department with an 8 inch main.
5. Stormwater improvement plans showing either connection to the Walker Subdivision
storm water outfall or, if access is not available, provisions for on-site detention for the
individual home sites at the time of their construction shall be submitted for approval per
the City's Urban Services Standards and Guidelines and made prior to final plat approval.
Any requirement for on-site detention shall be noted on the final plat to inform future
purchasers.
6. Sanitary sewer shall be extended to the new lots as required by the Public Works
Department from Fourteenth Street and shown on the preliminary plat.
7. Building setbacks shall be shown and address numbers provided, by the Building
Division, shall be placed on the lots on the final plat.
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. No ~cces~ shall be permitted to Lots #1,5,6, 7, 8, 13, or 14 from Milwaukee Drive.
10. Fourteenth Street improvements shall be made to Public Works and Utilities Department
standards prior to final plat approval. A total 27-foot wide paved surface (112 of34' + 10')
with curb, gutter, and sidewalk along the site frontage is required. A hammerhead
turnaround at the west end of 14th Street in the Milwaukee Drive right-of-way is required
unless 14th Street has been extended beyond Milwaukee Drive by other projects in the
area.
11. A No Protest Agreement shall be filed with the final plat and recorded on each deed for
the future development of Milwaukee Drive.
5906
Conditions, Findings, and Conclusions
Preliminary Rose Garden Subdivision
May 16, 2006
Page 2
Findings:
1. Chapter 16.08 ofthe Port Angeles Municipal Code (PAMC) sets forth local requirements
for the approval of subdivisions.
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 of the City Departments, and
shall either approve or disapprove the submittal. A recommendation thereon shall be
forwarded to the City Council within a period of 90 days after a preliminary plat has been
submitted to the City Community and Economic Development Department. The City
Council shall either approve or disapprove the proposed preliminary plat at a public
meeting.
4. The Port Angeles Public Works and Utilities, Parks Division, Community and Economic
Development, 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 March 27,2006, prepared
for Rose Garden R. E. by Northwestern Territories, Inc.
6. The subject property is identified as Medium 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, Policy B.1, B.3, BA, B.5, B.6, B.7, Goal C, Policy C.1, C.2, C.3, CA, C.5, and C.7.
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.
5907
Conditions, Findings, and Conclusions
Preliminary Rose Garden Subdivision
May 16, 2006
Page 3
10. The Comprehensive Plan (Transportation Element Policy A. 3) requires special
emphasis on pedestrian safety.
11. The subject property is identified by the Port Angeles Zoning Map as Residential
Medium Density, which allows a density of up to 12.44 units per acre and
requires minimum 3,500 square foot lots. The proposed drawing indicates that
each lot in the proposed subdivision will be at least 8,396 square feet in size for a
density of3.25 dwelling units per acre.
12. Urban street standards, including curbs and gutters, are required in the RMD zone.
The Comprehensive Plan Transportation Element Goal A, Policy 3 indicates that
local streets should serve local traffic with special emphasis on safety for
pedestrian traffic.
13. The site is currently served by 14th Street, which is neither an arterial, a
designated school walking route, or a designated bicycle route.
14. There are no environmentally sensitive areas on the site. The site is gently rolling
and generally slopes 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.
15. Transit service is available along "N" Street east of the site.
16. Building permits are required for all structures on the completed sites. All local
building and Fire Codes shall be complied with during construction including
residential sprinkler systems.
17. The Port Angeles School District has been notified of the development to allow
them to plan for needed public school facilities and routes. School busses travel
on "N" Street.
18. The City's Parks Division has responded that they are aware of the preliminary
proposal and do not believe the level of service for the area will be hampered as a
result of the development.
19. All utilities including potable water, sanitary waste, and refuse collection are
available in the area.
20. The City's Police, Fire, and Public Works and Utilities Departments will service
the site.
21. The City's State Environmental Policy Act (SEPA) Official issued a
Determination of Non significance (DNS #1152B) on April 26, 2006, therefore
satisfying the City's responsibility under the Act.
22. Improvements to 14th Street will be required such that the final roadway is an
improved width of 34 feet with curbs, gutters, and sidewalk. The applicant is
responsible for developing the south side of the street plus 10 feet.
23. The Port of Port Angeles operation of the Fairchild International Airport is
located in the area south of the site. The Port staffhas been notified of the
proposed subdivision proposal and it is expected that those who purchase
5908
Conditions, Findings, and Conclusions
Preliminary Rose Garden Subdivision
May 16, 2006
Page 4
24. The Planning Commission's decision is a recommendation to the City Council.
The Planning 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.
Conclusions:
A. As conditioned, the proposed preliminary subdivision is consistent with the. Port
Angeles Comprehensive Plan Growth Management Element Goal A; Land Use
Element Goal A, Policy A.2, Goal B, Policy B.I, 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, Policy B.1,
B.3, BA, B.5, B.6, B.7, Goal C, Policy C.1, C.2, C.3, CA, C.5, and C.7, and
Zoning Code.
B. 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.
C. As conditioned, appropriate provisions have been made for the public health,
safety and general welfare and for such open spaces, drainage ways, streets or
roads, alleys, other public ways, transit stops, potable water supplies, sanitary
wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks
and other planning features that assure safe walking conditions for students who
only walk to and from school.
D. As conditioned, the public interest is served in the platting of this subdivision as
articulated in the City's Comprehensive Plan, Subdivision, and Zoning
Ordinances. The subdivision provides for development of new homes within the
City of Port Angeles consistent with the Growth Management Act and serves the
public interest.
Adop ed by the Port Angeles City Council at its meeting of May 16, 2006.
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Karen A. Rogers, Mayor