Loading...
HomeMy WebLinkAboutMinutes 09/01/1998 3804 CITY COUNCIL MEETING Port Angeles, Washington September 1, 1998 CALL TO ORDER - M~yor Braun called the regular meeting of the Port Angeles City Council to order at 5:35 REGULAR MEETING: p.m. ROLL CALL: Members Present: Mayor Braun, Councilmembers Campbell, Doyle, Hulett [arrived at 6:50 p.m.], McKeown, Wiggins, and Williams. Mere bers Absent: None. Staff Present: Manager Ibarra, Attorney Knutson, Clerk Upton, B. Becket, S. Brodhun, B. Collins, K. Godbey, and J. Pitfis. Public Present: C. Owens, L. Lee, T. Saar, T. Schmid, N. Van Sickle, M. Pearson, M. Wegmann, D. Schmid, and J. Bohman. WORK SESSION: Joint Meeting with Lower Elwha Tribal Councik The members of the City Council joined the members of the Lower Elwha Tribal Council for a work session held m the Carver Joint Meeting with Lower Conference Room of the Port Angeles Library. Present on behalf of the Lower Elwha Elwha Tribal CoUncil Tribal Council were Chairman Russell Hepfer, Vice-Chairman Frances Charles, Councilmember Dennis Sullivan, Secretary-Treasurer Georgianne Charles, Attorney Russ Busch, and staff representative Carol Brown. Mayor Braun welcomed everyone to the meeting, noting the importance of establishing a rapport between the two governing bodies. After introductions of all those present, the Mayor presented to the members of the Lower Elwha Tribal Council a copy of a letter sent by the City to Senators Gorton and Murray and Congressman Dicks regarding salmon funding and Elwha River dam removal. Russell Hepfer welcomed the opportunity to have this meeting, as he was certain that a meeting of this type had never been held between the Tribal Council and the City Council. Mayor Braun agreed and emphasized the furore opportmfities for the two groups to work together on common goals. An informal exchange of information followed, with discussions held concerning the makeup and election process of the two governing bodies, the possible involvement of City and County government in intertribal meetings relating to youth issues, and the possible involvement of officials in multi-ethnic meetings held at the School District. Also discussed was the desire of the Tribal Council to have the Lower Elwha Tribe included in publications relating to tourism opportunities on the North Olympic Peninsula. It was suggested that Erl Hansen, Chamber of Commerce, and Rick Hert, North Olympic Peninsula Visitor & Convention Bureau, be contacted by the Tribal Council for inclusion in brochures, pamphlets, and the like. It was noted that the City Council may be of assistance in providing an entre' with the two agencies. Further discussion followed with regard to Tribal efforts toward creating a walking trail for the public, possible interest on the part of the public to tour the Tribe's fish hatchery, social -1- 3805 CITY COUNCIL MEETING September 1, 1998 Joint Meeting with Lower services offered by the Tribe, law enforcement programs presently being enhanced by the Elwha Tribal Council Tribe, and current housing programs on Tribal property. (Cont'd) In conclusion, Mayor Braun assured the members of the Tribal Council that the City is desirous of continuing this type of dialOgue. To that end, Councilman Campbell queried as to the City Council's intent to meet with the Tribal Council on a quarterly basis. The members of the City Council and the Tribal Council agreed to participate in those meetings as suggested. The work session was concluded at 6:20 p.m., at which time the City Council members departed for City Hall to continue with the remainder of the Council agenda. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Braun. ALLEGIANCE: CEREMONIAL Recognizing "Good Neighbor Day": Mr: Todd Holm, who was to make a presentation MA'I'FERS this evening regarding "Good Neighbor Day", was unable to attend. PROCLAMATIONS: LATE ITEMS TO BE Chuck Owens, Joyce, Washington, reminded the Council that he had asked for a discussion PLACED ON THIS OR of the Makah whaling issue at this particular Council meeting and was told by Councilman FUTURE AGENDAS: Campbell that this was not within the Council's purview. Mr. Owens felt the matter was, in fact, within Council's purview. He distributed documentation fi.om the National Marine Fishehes regarding the number of strikes allowed in a whale hunt while, at the same time, he placed a box of 41 miniature plastic whales on the dais to make a point as to how many whales could conceivably be injured during a hunt. Mr. Owens felt the City's work crew would be hauling whale carcasses off the beach. Mr. Owens again asked the Council to place this issue on its next agenda and denounce the action of the Makah people: Councilmember McKeown stated she was opposed to one mumcipality remarking against another jurisdiction. This issue is between the Makah's and the Federal Government; as a Council member she could not support sending a letter of objection. Mr. Owens stressed that the whale hunt would impact the citizens of Port Angeles; therefore, the City Council should take a stand. Mayor Braun thanked Mr. Owens for his time. Dorothy Duncan, 921 S. Washington Street, Chair of the Taxpayers for the Clallam Crisis Center, addressed the Council on the need for a crisis center in Port Angeles. Ms. Duncan distributed a description of the crisis center, noting the need for the distribution of more information on this issue to the public. Ms. Duncan felt this proposition was very important to the County and its citizens. Discussion followed, and Councilman Wiggins asked if the center would be used basically for detoxification or if it would really be used as a mental health crisis center. Ms. Duncan stated it was not intended to be a treatment facility, but to stabilize people during the first 72-hours of the crisis whether it be for a drinking or mental health problem. Councilman Campbell commended Ms. Duncan and her associates for the work and leadership they have provided in educating the community regarding the need for this facility. Ms. Duncan responded to questions directed by the Council. PUBLIC HEARINGS - None. QUASI-JUDICIAL: PUBLIC HEARINGS - A. Municipal Code Amendment - MCA 98-04 - City of Port Angeles, City-wide: OTHER: proposal to amend the City's Municipal Code with respect to the installation of aboveground flammable liquid storage tanks -2- 3806 September 1, 1998 Municipal Code Mayor Braun reviewed the information provided by the Planning Department and asked Amendment Director Collins for additional input. Director Collins pointed out several corrections that Ordinance No. 2999 had been made to the original ordinance document, all of which did not substantively impact the intent. Mayor Braun opened the public hearing at 7:13 p.m. There was no public testimony; therefore, Mayor Braun closed the public hearing at 7:13 p.m. and read the Ordinance by rifle, entitled ORDINANCE NO. 2999 AN ORDINANCE of the City of Port Angeles amending Fire Code and Zoning Code regulations for aboveground storage of flammable liquids amending Chapters 14.21,17.08, and 17.34 of the Port Angeles Municipal Code. Councilman Wiggins moved to adopt the Ordinance as read by title, citing the changes noted and Findings 1 - 8 and Conclusions A - E as set forth in Exhibit "A', which is attached to and becomes a part of these minutes. Councllmember McKeown seconded the motion. Discussion followed, and Councilman Doyle asked about the intent of the Ordinance to which Director Collins responded. A vote was taken on the motion, which carried unanimously. FINANCE: A. Acceptance of Downtown Watermain and $idewaIk Replacernent Project Downtown Watermain and Mayor Braun reviewed the information provided by the Public Works Department and Sidewalk Project asked Director Pitfis for further input. Director Pittis reviewed the cost overrun smnmary and explained how and why cost ovemms occur. He stated that, while it was regrettable to have overruns, the City has a completed project of which it can be proud. Director Pittis then restx)nded to questions directed by the Council. Discussion followed regarding other downtown projects, such as pavers on Front Street, and how these projects would be funded. Manager Ibarra explained that, as part of the 1999 budget process, the Capital Facilities Plan would be revisited. Following further discussion and commendations from Councilman Campbell regarding the success of this project, Couneilmemher MeKeown moved to accept the project, authorize final payment to Strider Construction, Inc. in the amount of $170,246.90 and release retalnage in the amount of $121,789.S0 upon receipt of clearances from the Departments of Revenue and Labor & Industries and the satisfaction of any claims received by the City resulting from execution of the contract. Councilman Campbell seconded the motion, which carried unanimously. CONSENT AGENDA: Councilmembers McKeown and Wiggins stated they would abstain from voting on the minutes due to their absence from that meeting. Councilman Hulett moved to accept the Consent Agenda including: A) Approval of Minutes of August 18, 1998, Regular Meeting, B) Out of State Travel - Public Works & Utilities; C) Payroll - August 23, 1998 - $371,373.41; D) Check List - August 26, 1998 - $339,556.26. Coundlman Campbell seconded the motion, which carded unanimously. COMMITTEE Councilman Doyle had no report; however, he pointed out that each Council member had REPORTS: received a final copy of procedures for street vacations. Street Vacations Councilman Williams stated he attended a very informative State Conference in Tacoma Clallam Transit in which the Clallam Transit had participated. Public Health Councilman Wiggins 'stated the Public Health area has been active, and he is involved in discussions regarding teenage pregnancies. A report will be presented to the Public Health -3- 3807 CITY COUNCIL MEETING September 1, 1998 COMMITTEE Committee on September 8, 1998. Councilman Wiggins has also been involved in the REPORTS: (Cont'd) Opportunity Fund, along with Manager Ibarra. Thc cities involved will make a Opportunity Fund presentation to the County Commissioners. Port Angeles Works! Councilman Campbell reported the Port Angeles Works! Committee held a meeting regarding the highest and best usc study.for the Rayonier site. The consultants have researched all types of businesses appropriate to this site and have considered the economic feasibilities. Copies of this information will be forwarded to the City. Rayonier has been very cooperative in this endeavor. K-Mart Closing Mayor Braun referred to the letter Council received fi.om K-Mart stating its store would close on October 28, 1998. Also, Council had received a letter fiom Dave DeLaney, Gambling Tax President of the Port Angeles Pub, Tavern, and Lounge Association, regarding gambling tax. Mayor Braun stated he would pass this letter on to the City Manager. A committee of council members has been working on the gambling tax issue. Ordinances Not Requiring Public Hearings: None. Resolutions Not Requiring Public Hearings: Post - 2001 Power Authority for Post-2001 Power Purchases from BPA Purchases fi.om BPA Resolution No. 20-98 Mayor Braun reviewed the information provided by the Public Works Department, and Director Pittis provided additional input. Discussion followed, and Director Piths noted that the City must try to preserve its priority right to federal power from Bonneville once the cm'r~t contract expires in 2001. The resolution and letter of transmittal would be sent' to BPA, if approved by Council, at an appropriate time during discussions with BPA on public power preferences. Councilman Campbell felt the City's priority right could only be removed by Congress, and he asked if there was legislation proposed toward this end. Director Pittis responded in the negative; however, the Western Public Agencies Group (WPAG) is concerned that Bonneville is developing strategy whereby it can sell preferred power at a different rate that would be much higher. Mayor Braun read the Resolution by title, entitled. RESOLUTION NO. 20-98 A RESOLUTION of the City of Port Angeles directing the City Manager to initiate with the Bonneville Power Admimstration the process of entering into a long term power supply contract. Councilman Doyle moved to pass the Resolution as read by title. Councilman Campbell seconded the motion. Following brief discussion, a vote was taken on the motion, which carried unanimously. Other Considerations Denial of Rite Aid Rezone A. Findings & Conclusions for Denial of Rite Aid Rezone and Street Vacation and Street Vacation Mayor Braun and Councilman Williams stepped down fi-om this issue due to appearance of fairness. Therefore, Deputy Mayor Doyle accepted chairmanship of this portion of the meeting. He reviewed the information provided by the Planning Department. -4- 3808 CITY COUNCIL MEETING September 1, 1998 Denial of Rite Aid Rezone Couneiimember MeKeown moved to deny Northwest Permit Applications REZ 98- and Street Vacation 03, citing Findings 1 - 20 and Conclusions A - E, as set forth in Exhibit "B' which (Cont'd) is attached to and becomes a part of these minutes. Councilman Hulettseconded the motion; Discussion followed regarding Conclusion C, and Councilman Wiggins suggested the wording be changed to "stn'renmdmg adjacent residential zoning and land uses". Deputy Mayor Doyle also felt Conclusion D should be changed to read, "...rezone --,51! would likely result in an increase in commercial activity...". Councilmember McKeown, as maker of the motion, and Councilman Hulett as seconder agreed to the amendment. A vote was taken on the motion, which carried by a majority vote, with Mayor Braun and Councilman Williams abstaining. Councilman Hulett moved to deny Northwest Permit Application STV 98-01, citing Findings 1 - 11 and Conclusions A - D, as set forth in Exhibit "C" which is attached to and becomes a part ofthese minutes. Councilman Wiggins seconded the motion, which carried by a majority vote, with Mayor Braun and Councilman Wimams abstaining. Break The meeting was recessed for a break at 8:03 p.m. The meeting reconvened at 8:15 p.m. Doug Wood Easement to B. Doug Wood Easement to City for Trail Purposes City for Trail Purposes Mayor Braun reviewed the information provided by the Parks and Recreation Department. Director Brodhun indicated it was not necessary for the Mayor to sign the easement, rather Council could vote to accept the easement. Director Brodhun noted that Jeff Bohman, Acting Chair of the Peninsula Trails Coalition, was present in the audience and would like to say a few words. JeffBohman, 3753 Canyon Circle, Vice Chair of the Peninsula Trails Coalition, expressed appreciation and admiration for the work staff and Council have done in regards to the trail. Mr. Bohrnan stated that the easement given by Mr. & Mrs. Wood provides more than the area necessary to build the ramp structure for access to the eastern side of the trestle. It also affords additional land between Strait View Drive and Morse Creek which wil.1 allow for a small park. At Mayor Braun's request, Mr. Bohman explained that Jefferson County has recently opened its first section of the Trail. It is five miles, nmning west fi-om Port Townsend and is referred to as the Larry Scott Memorial Park. Mr. Bob_man then described the route of this trail and the future plans for that trail. Discussion followed, and Director Brodhun responded to questions and provided clarification. Councilman Doyle moved to accept the easement from Douglas B and Ann K. Wood. Councilman Williams seconded the motion, which carried unanimously. Councilman Wiggins felt a letter of thanks should be sent to Mr. & Mrs. Wood. Housing Rehabilitation C. ,4greement with Clallam-Jefferson Community Action Council for Services for Program Phase IV Housing Rehabilitation Program Phase IV Mayor Braun reviewed the information provided by the Public Works Department, and Director Pittis stated Community Action has administered this program during the first three phases and has done an excellent job. He stated representatives fi-om Community Action were present should the Council have any questions. Martin Rowe of Community Action, 106 Iq. Lincoln Street, responded to questions and thanked the Council and staff for their support which enabled this program to be a success. Approximately 80% of the people who received loans and assistance are disabled or elderly. Councilman Campbell moved to approve the contract with Clallam-Jefferson Community Action Council for services to implement Phase IV of the Port Angeles -5- 3809 CITY COUNCIL MEETING Septem~r 1, 1995 Housing Rehabilitation Homing Rehabilitation Program. Counciimember McKeown seconded the motion, Program Phase IV (Cont'd) which carried unanimously. FERC License D. Surrender of FERC License for Morse Creek Mayor Braun reviewed thc information provided by the Public Works Department and stated Director Pittis was prepared to give a presentation on this issue. Using a map, Director Pittis demonstrated the location of thc pipeline installed for thc Morse Creek water project. Due to the age of the pipeline and the contours of the land, there were problems with this pipeline. There is a leak in the pipeline, and FERC has ordered thc City to repair it by September 20th at an estimated cost of $25,000. Staffis concerned with the integrity of the pipeline, as there can be leaks in the pipeline in the future. Director Pittis indicated there are many considerations regarding the surrender of thc license.. Thc tumual operating costs are $13,000 more than the revenues fi.om this project; if the City gives up its FERC liconse, it will never get it back. Should the City decide to keep the license, there is a commitment to FERC to make thc necessary repairs. Staff estimates it would cost $1.3 million to line the pipeline with high density, polyethylene pipe which would reduce the likelihood that it would not break in the foreseeable future. Director Pittis then explained the process for surrendering the license. Discussion followed, and Director Pittis responded to questions and provided further clarification. Councilmember McKeown and Councilman Wiggins expressed concern with the possibility of surrendering the license only to learn that it may be needed again in the future. Director Pittis reminded the Council that during the license surrender process, ff it is discovered that the mitigation costs are too steep, there is an opportunity to proceed with pipeline repairs and retainage of the license. After further discussion, Manager Ibarra suggested that staffrequest written confunnation from FERC as to the mitigating costs of surrendering the license and whether the license could, in fact, be retained should the City decide that to be the appropriate action. This issue could then be readdressed at the next Council meeting. Discussion continued, and Director Pittis responded to further questions regarding the City's retention of its water rights. Attorney Knutson explained that Tom Pors, the City's water rights attorney, has advised staffon the Morse Creek water rights issue relating to surrendering the FERC license. The Department of Ecology will be asked to modify the water right, which would allow usage of the water for domestic purposes as a back-up water supply source. However, the water would need to be treated, which is why the City does not use it as a water source now. Councilman Williams expressed concern over giving up resources such as power generation and water. He felt if surrendering the license could not be reversed, he would vote against it. Councilman Campbell felt this should be separated into two issues, the water and thc power. He admitted to being biased against hydro projects of this size, as they are uneconomical. He felt the City should focus on retaining its water rights and opposing unreasonable measures imposed by federal agencies. It was the general consev, sus of the Council that staff should attempt to get a written answer fi.om FERC and discuss this issue again at the next regular meeting. ADJOURN TO The meeting adjourned to Executive Session at 9:20 p.m. to discuss litigation and potential EXECUTIVE SESSION: litigation for 15-20 minutes. RETURN TO OPEN The meeting returned to Open Session at 9:40 p.m. SESSION: -6- 3810 CITY COUNCIL ~G September 1, 1998 INYO~TION: City Manager's Report AWC Regional Meeting Manager Ibarra noted the Association of Washington Cities Regional Meeting will be held Thursday, October l, 1998, at 6:00 p.m. in Bremerton. All Council members are invited. EDC 2020 Meeting The Economic Development Council (EDC) is holding its next 2020 meeting on Thursday, September 17, 1998, from 2:00 p.m. to 4:00 p.m. at the Transit facility. Manager Ibarra encouraged the Council to attend. The EDC's funding for next year will be discussed, and Opportunity Fund structure and services received fi.om the EDC will be revisited. Manager Ibarra gave an update on the Opportunity Fund, which will be considered at the EDC Executive Board meeting on Friday, September 4, 1998, at 9:00 a.m. Council was encouraged to attend. Oak Street Property Report on Oak Street Property Manager Ibarra reviewed the City's role in the development of the Oak Street property. It is recornmended the City act as lead agency for the development of this property; there wouldbe no cost to the City except for stafl'tirne. Manager Ibarra felt this was a positive step, and he was pleased to report that interest in the property has already been expressed by one party. It was the general consensus of the Council that the City should proceed as the lead agency in marketing and developing the Oak Street property. Consent Agenda Changes Recommended Changes to Consent Agenda Director Godbey explained the proposed changes to the Consent Agenda which are being offered in an effort to streamline the information presented to the Council. Those changes included submitting the cheek register on a monthly basis and deleting the payroll information. Discussion followed, and Council agreed to these changes. Utility Advisory Committee Utility Advisory Committee Manager Ibarra informed the Council that the UAC has rescheduled its meeting from September 14, 1998, to September 21, 1998. The Solid Waste User Fee Analysis will be discussed at that meeting. Following brief discussion, it was agreed to meet at 9:00 a.m. for that meeting. Presentation to City Clerk Presentation to Clerk Becky Upton Manager Ibarra presented Clerk Upton with a check for $500 as part of the Employee Suggestion Program for her efforts in collecting more than $50,000 in back taxes fi.om AT&T. Reception for City Manager Councilman Wiggins reminded the Council that the County was sponsoring a reception for Manager Ibarra on Wednesday, September 2, 1998, noon, at Downriggers. Visit from Mayor of Mutsu City Mayor Braun stated that Mayor Sugiyama from Mutsu City will be in Port Angeles for the day on September 21, 1998. He will be touring some of the City's facilities while here. Manager lbarra noted that Peninsula International Relations Association will be sponsoring a dinner that evening as well; the Council is invited. ADJOURNMENT: The meeting was adjourned at 10:03 p.m. B~cky J. uPt~-~t~ierk r-- aryl~ an, Ma3~ -7- 3811 This Page Intentionally Left Blank 3812 Exhibit "A" FINDINGS AND CONCLUSIONS IN SUPPORT OF MUNICIPAL CODE AMENDMENT - MCA 98-04 - CITY OF PORT ANGELES: Findings: 1. The City's Comprehensive Plan Land Use Policy H5 states: "Because they are hazardous to the community and detrimental to the general environment of the area petroleum refineries, liquefied natural gas and liquefied petroleum gas facilities, energy facihties, energy plants and their associated faciBties and associated transmission facilities, as defined in Chapter 80. 50 RCW, should not be permitted outside the heavy industrial use area and without conditional use review." 2. A Determination of Non-Significance for the proposed amendment was signed by the City's SEPA Responsible Official on August 7, 1998 (attached as Attachment A) 3. Chapter 14.21.030, Sub-Section A of the City of Port Angeles Fire Code addresses above ground storage of fuels for direct use "dispensing" purposes and Sub-Section B deals with above ground bulk storage of fuel for "distribution" purposes. 4. The current wording of Chapter 14.21.030, Sub-Section A, prohibits above ground storage of fuels for direct use "dispensing" purposes (regardless of capacity) in all residential zones, certain commercial zones, the PBP and IL zones and the IH zone south of the airport. It does allow above ground storage of fuel for "dispensing" purposes if the total maximum capacity is less than 24,000 gallons in the CA and CBD zones. 5. The current wording of Chapter 14.21.030, Sub-Section B, prohibits above ground bulk storage of fuel for "distribution" purposes in all zones except the IH zone west of Cedar Street. 6. The proposed amendment will prohibit all new above ground commercial fuel tanks in residential zones. It will permit above ground "dispensing" fuel tanks with a capacity of less than 24,000 gallons in all non-residential zones and will conditionally permit fuel yards and gas manufacturing and storage in the III zone only if the site is located west of Cedar Street. 7. The acronyms ACD, CSD1, CSD2 and M-2 are no longer valid references to current City zoning classifications. 8. Section 7902.2.2.1 of the Uniform Fire Code reads "Locations where above ground tanks are prohibited. Storage of Class I and II liquids in above ground tanks outside of buildings is prohibited within the limits established by law as the limits of districts in which such storage is prohibited." 3813 Conclusions: A. It is not the intent of Chapter 14.21.030 Sub-Section A to prohibit dispensing tanks in all zones that permit residential units. B. The intent of Chapter 14.21.030, sub-Section B is to allow bulk storage facilities in the areas of town where they currently exist but not to permit new facilities in other areas. C. The proposed amendment is consistent with Comprehensive Plan Land Use Policy H5. D. The proposed amendment does not change the intent of the current Municipal Code. E. The proposed amendment is in the public use and interest. Adopted by the Port Angeles City Council at its meeting of September 1, 1998. GaryB~aun,~ayor B~cky J. Ul~n, C~y Cl~rkr-' -- 3814 Exhibit "B" FINDINGS AND CONCLUSIONS IN SUPPORT OF DENIAL OF REZONE - REZ 98-03 NORTHWEST PERMIT: Based on the information provided in the public record including the application file, the staff report and its attachments, comments received during the public comment period, the Planning Commission's deliberation, and public hearing testimony, the Port Angeles City Council finds: 1. The applicant, Northwest Permit submitted the application to the Planning Department on February 9, 1998. A Determination of Completeness was issued on February 12, 1998, and the written public comment period initially ran from February 12, 1998 to February 27, 1998. In response to public request, the public written comment period was extended to March 6, 1998. 2. The proposal is to rezone four lots (Lots 13, 14, 15 and 16 of Block 268 in the Townsite of Port Angeles), approximately 28,000 square feet of property, from RS-7, Residential Single Family to CSD, Commercial Shopping District (Attachment A to the Planning Department Staff Report for REZ 98-03 dated July 8, 1998). 3. The proposed rezone is part of the applicant's overall proposal to develop 90,000 s.f. of the southwest comer of Lincoln Street and 8th Street (extending to 9th Street) with an approximately 17,000 s.f. retail store. The overall proposal includes this rezone request and a street vacation request for the eastern portion of the Eighth/Ninth Streets alley. 4. As part of the application's SEPA review, a traffic analysis was requested of the applicant on February 13, 1998. 5. On April 20, 1998, the Planning Department received a letter from the applicant waiving the City's 120 day permit processing requirement due to the applicant's delay in preparing the requested traffic analysis. 6. On May 14, 1998, the Planning Department received the requested traffic analysis and on June 3, 1998, the Planning Department received an addendum to the analysis with comments regarding Ninth Street, Laurel Street, and the Eighth/Ninth Streets alley. 7. This application was originally scheduled for Planning Commission consideration on March 11, 1998, at which time it was continued, due to lack of a traffic report and a SEPA determination, to April 22, 1998. On April 22, 1998, it was again continued for the same reason until June 10, 1998, at which time it was continued until July 8, 1998, to accommodate the resulting Mitigated Determination of Non Significance (MDNS) required comment period. 3815 8. The SEPA Responsible Official issued a MDNS for the proposal on June 3, 1998 (Attachment B to the Planning Department Staff Report for REZ 98-03 dated July 8, 1998). The MDNS was mailed to all persons who submitted written comments related to the applicant's environmental checklist, and the comment period for the MDNS ran until June 19, 1998. 9. In a June 14, 1998, review letter, the Washington State Department of Transportation commented that the proposed project would degrade traffic flow below the Department's Level of Service "D" and will require mitigation to achieve LOS "D" for the Horizon Year of 2000. Safety of permitted/protected operation at the signal was also noted as a concern, and the Department preferred protected phasing. 10. On June 26, 1998, the City's SEPA Responsible Official re-issued the Mitigated Determination of Non-Significance with an additional mitigation measure requiring certain development aspects of the project be subject to further review. 11. The public had an opportunity to comment on the proposal during the written comment period from February 12 to March 6, 1998. All of the written comments received during this time are included as Attachment D to the Planning Department Staff Report for REZ 98-03 dated July 8, 1998. The issues addressed include increased traffic on Ninth Street, potential crime, increased noise and lighting, the general impact of the project on the Cherry Hill residential area, and the availability of altemative commercial properties. 12. The subject area is located within a undesignated area between the Comprehensive Plan's Commercial land use designation to the north and the Residential designation to the south. It is currently zoned RS-7. 13. The subject area is level and is currently developed with two single-family residences and an unimproved parking lot used by a business located on property to the north of the rezone area. The adjacent properties are developed with the following uses: To the north: commercial uses; To the south: single family residences; To the east:single family residence; and To the west:single family residences. 14. The adjacent properties are zoned as follows: To the north: CSD; To the south: RS-7; To the east: CSD; and To the west: RS-7. 15. The City's Comprehensive Plan identifies Lincoln Street as a principal arterial street and Eighth Street as a minor arterial street. 16. The traffic analysis noted the Eighth and Lincoln intersection currently functions at 3816 an average level of service (LOS) D, and projected that in the year 2000 it will continue to function at an average LOS of D with and without the proposed project. 17. The traffic analysis noted the Eighth and Lincoln Street intersection currently functions at a seasonal level of service (LOS) E, and projected that in the year 2000 it will continue to fimction at a seasonal LOS of E without the proposed project, and a seasonal LOS of F with the project as proposed. The report projects the intersection will operate at a seasonal LOS of E with the project if the project is subject to the report's mitigation measures. 18. The City Engineer reviewed the traffic analysis and recommended a revision to the report's mitigation measures. With the project subject to the revised mitigation measures, the City Engineer states the average LOS for the Eighth and Lincoln Streets intersection will remain at D in the year 2000, and the seasonal LOS will remain at E. 19. The Department of Transportation comments are included as Attachment E to the Planning Department Staff Report for REZ 98-03 dated July 8, 1998. They address the impact of the overall project on the Lincoln Street and 8th Street intersection, storm water issues, signage requirements, and a recommendation the proposed development of the overall site be accessed from 9th Street instead of Lincoln Street (SR 101). 20. Public testimony was provided about the traffic safety concerns of neighborhood residents, about the proximity of the proposed store to residences, and about the impacts of increased commercial activity in the residential neighborhood. Conclusions: Based on the information provided in the public record including the application file, the staff report and its attachments, written comments received during the public comment period, the Planning Commission's deliberation, public heating testimony, and the above findings, the Port Angeles City Council concludes: A. The following Comprehensive Plan Policies are most relevant to the proposal, Land Use Policies A1 and A2, C1, D1, and E7. B. There is no certainty that the property will be developed without expanding commercial access along 9th Street to the four lots of the subject rezone, and therefore, the rezone is not consistent with Comprehensive Plan Policies Al, A2, C 1, D1, and E7. C. The proposed rezone is not in the public use and interest and is not compatible with the adjacent residential zone. D. The proposed rezone would likely result in an increase of commercial activity in the Cherry Hill residential neighborhood. 3817 E. Commercial access resulting from the proposed rezone could have a negative impact on adjacent residentially zoned and developed properties along Ninth Street. Adopted by the Port Angeles City Council at its meeting of September 1, 1998. Gary l~raun, l~la~,or B~ck~ ~I.'U-~,, ~ty C]-er~'----- -- 3818 Exhibit "C" FINDINGS AND CONCLUSIONS IN DENIAL OF STREET VACATION REQUEST - STV 98-01 NORTHWEST PERMIT: 1. The applicant for the requested vacation is Northwest Permit. The petition was determined to be valid on February 13, 1998, and is filed with the City as STV 98-01. 2. The requested vacation is for that portion of the alley between 8th Street and 9th Street abutting Lots 1-6 and 13-18 of Block No. 268 in the Townsite of Port Angeles. 3. The street vacation is categorically exempt from threshold determination and Environmental Impact Statement requirements per Section 197-11-800 (2) (h) of the Washington Administrative Code. 4. The subject right-of-way and abutting properties fall within the undesignated area between the Comprehensive Plan's Commercial land use designation to the north and its Residential designation to the south. The majority of the abutting properties are zoned Commercial Shopping District (CSD) with four of the properties currently zoned Residential, Single-Family (RS-7). 5. The Public Works Department has indicated a 24" sanitary sewer main and overhead electrical lines are located in the alley and will need to be relocated if the vacation is approved. 6. The subject right-of-way is currently improved. 7. The Public Works, Fire, and Police Department's comments are included as Attachments B, C, and D of the July 8, 1998, Planning Department Staff Report for STV 98-01. 8. The Police Department originally submitted written public safety concerns related to the proposed vacation. These concerns include the current use of the alley for traffic diversion in the event of an accident at the 8th Street and Lincoln Street intersection, the use of the alley by officers in response to calls fi:om the bank located at the comer of 8th Street and Oak Street, and the use of the alley for access to and observation of the 24 hour retail/gas station use at the comer of 8th Street and Lincoln Street. 9. At the July 8, 1998, Planning Commission meeting, the Police Department's concerns were further explained. Deputy Chief Tom Riepe stated that the July 7, 1998, memorandum from the Police Department was intended to point out issues for consideration but the concerns do not warrant denial of the proposed vacation. 10. At the August 10, 1998, City Council meeting, the Council directed staffto prepare findings and conclusions to support denial of REZ 98-03 and STV 98-01. 3819 11. At the September 1, 1998, City Council meeting, the Council denied the proposed rezone of Lots 13-16, Block 268, TPA. Conclusions: A. The Comprehensive Plan's Utilities and Public Services Policies C, 2 and 3 and Transportation Policy B 18 are the most relevant to the proposed vacation. B. Without conditions that could be applied for the proposed project that was dependent upon a rezone for portions of the subject site, the proposed vacation is not consistent with the Comprehensive Plan's Utilities and Public Services Policies C, 2 and 3 and Transportation Policy B 18. C. Without conditions, the proposed vacation will have an adverse impact on the public health, safety and welfare. D. Without a rezone of lots abutting the south side of the subject alley, the public use and interest in the alley vacation are lost. Adopted by the Port Angeles City Council at its meeting of September 1, 1998. Gary ~Braun,(~laYo~ BeCky J~ ~/~,-~it~ Clerk