HomeMy WebLinkAboutMinutes 09/17/2002 4751
CITY COUNCIL MEETING
Port Angeles, Washington
September 17, 2002
CALL TO ORDER - Mayor Wiggins called the regular meeting of the Port Angeles City Council to order at
REGULAR MEETING: 6:00 p.m.
ROLL CALL: Members Present: Mayor Wiggins, Councilmembers Braun, Campbell,
Erickson, Headrick, Rogers, and Williams.
Members Absent: None.
Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B.
Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, Y.
Ziomkowski, D. McGinley, S. McLain, G. Kenworthy, and
K. Ridout.
Public Present: L. Lee, T. Price, P. Lamoureux, T. Marzullo, L. Nutter, S.
Zenovic, L. Rasmussen, L. Doyle, D. Maguire, T. & I.
McKeown, A. Harrison, K. Smith, and P. Walker.
PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilman Headrick.
ALLEGIANCE:
PUBLIC CEREMONIES, 1. Beautification Award: Traylor's Restaurant
PRESENTATIONS AND
PROCLAMATIONS: Mayor Wiggins read the recognition and appreciation award to Traylor' s Restaurant and
presented the award to Julie Price who acknowledged Wayne Roedell's efforts to
Beautification Award: maintain the flowers at Traylor's.
Traylor's Restaurant
Race Equality Week 2. Race Equality Week Proclamation
Proclamation
Following the Mayor's reading of the Proclamation for Race Equality Week, Manager
Quinn informed Council that the proclamation was the result of a collaboration which
had originally begun in 1996. Mayor Wiggins read the Multi-Cultural Statement, after
which Councilman Williams moved to accept the Race Equality Pledge.
Councilmember Rogers seconded the motion, which carried unanimously.
WORK SESSION: None.
LATE ITEMS TO BE Councilman Headrick added discussion concerning the sidewalk area at the Ford
PLACED ON THIS OR dealership as Agenda Item 1.3. Councilman Williams added the matter of the boiled
FUTURE AGENDAS: water advisory as Agenda Item 1.4.
FINANCE: Sole Source Resolution Contract for Magna Drive Unit Installation at Wastewater
Pump Station No. 4
Sole Source Resolution -
Magna Drive Installation Public Works & Utilities Director Cutler reviewed the proposal, following which
Resolution No. 11-02 Councilman Campbell moved to approve the Sole Source Resolution designating
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4752 CITY COUNCIL MEETING
September 17, 2002
FINANCE: Magna Drive as the provider of magnetic coupler units for the pumps at
(Cont'd) Wastewater Pump Station No. 4 and to authorize the Mayor to sign a contract with
Magna Drive to complete the installation for a price of $71,791.78, including tax.
Sole Source Resolution - Councilmember Eriekson seconded the motion. Councilmember Rogers noted that
Magna Drive Installation she would abstain from the vote and, following brief discussion, the motion carried
Resolution No. 11-02 6-0, with Councilmember Rogers abstaining.
(Cont'd)
CONSENT AGENDA: Councilman Braun asked that Item 5 be considered separately and, following
clarification on the Check Register, Councilman Braun moved to accept the Consent
Agenda to include: 1) Minutes of August 27, 2002 Special Meeting and September 3,
2002 Regular City Council Meeting; 2) Check Register - September 6, 2002 -
$414,622.69; 3) Electronic Payments - September 6, 2002 - $537,729.50; and 4) Town
of Granger Interlocal Joint Purchasing Agreement. Councilmember Erickson
seconded the motion, which carried unanimously. Item 5, Transmission Losses for
LG&E (Avista) Power Purchase Agreement, was reviewed by the Utility Advisoxy
Committee, according to Director Cutler, who then asked Deputy Director of Power
Systems McLain to address the agreement. Deputy Director McLain explained the City
must replace the transmission losses on its market power purchase, and Bonneville is
offering an indexed price for losses to the remainder of the power supply contract with
LG&E. Brief questions and answers followed, and Councilman Williams moved to
authorize the Director of Public Works & Utilities to sign a confirmation
agreement with the Bonneville Power Administration to provide transmission
losses for the City's LG&E (Arista) power supply for a one year period starting
October 1, 2002. Councilmember Rogers seconded the motion, which carried
unanimously.
CITY COUNCIL Councilman Headrick asked for a report on the construction of the Dream Playground,
COMMITTEE and Parks & Recreation Director Connelly stated that, in order to convey gratitude for
REPORTS: the Dream Playground, he would have to write a letter to the entire Port Angeles
community. He indicated he had never seen a single community pull together for a
project such as this, and he acknowledged Jim Bolton for having the vision to create
something this size. He expressed appreciation to all those who helped in the
construction, including Councilmembers and staff.
Councilman Headrick reported on a trip to Westport Marine, a yacht manufacturer
considering expansion into the Port Angeles area.
Councilmember Rogers commended Mayor Wiggins and Manager Quinn for the
September 11 ceremony, stating that it was well done and uplifting. She also attended
the Public Safety Tribute and. dedication of the monument and the Dream Playground
construction.
Councilman Braun attended the ice skating facility meeting, Gateway and Historical
Society meetings, the Dream Playground construction, and read into the record the list
of food contributors during the week of the playground's construction.
Mayor Wiggins referenced the letter from the Mayor of Sequim regarding regional
economic development and attended the Cascadia Center meeting.
RESOLUTIONS: Resolution Setting a Public Hearing for Vacation Right-of- PVay- STV0203: MISCHKE,
Portion of Highland Drive
Resolution Setting Public
Hearing for Vacation of Community Development Director Collins reviewed the Resolution, and Councilman
Right-of-Way Williams reported that the Real Estate Committee recommended moving forward on the
Resolution No. 12-02 vacation. Following brief clar/fication and discussion, Mayor Wiggins read the
Resolution by title, entitled
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CITY COUNCIL MEETING 4753
September 17, 2002
RESOLUTIONS: RESOLUTION NO. 12-02
(Cont'd)
A RESOLUTION of the City Council of the City of Port Angeles,
Resolution Setting Public Washington, setting a hearing date for a petition to vacate a
Hearing for Vacation of portion of unopened City fight of way between "K" and 'T' Streets
Right-of-Way south of 4th Street.
Resolution No. 12-02
(Cont'd) Councilman Headrick moved to pass the Resolution as read by title. The motion
was seconded by Councilman Braun and carried unanimously.
OTHER 1. Appointment of City Representaa've to Hurricane Ridge Public Development
CONSIDERATIONS: Authority
Appointment of City Councilman Campbell moved to approve the reappointment of Mayor Glenn
Representative to Wiggins to serve on the Board of Directors of the Hurricane Ridge Public
Hurricane Ridge Public Development Authority. Councilman Braun seconded the motion, which carried
Development Authority unanimously.
Referendum 51 (HB2969) 2. Referendum 51 (HB 2969,) Statewide Transportation Improvement
Statewide Transportation
Improvement Director Cutler reviewed the information provided in the Council packet, and
Councilman Campbell felt it would be useful to have discussion in a public forum
relative to Referendum 51. Therefore, following brief discussion, Councilman
Campbell moved to direct staff to provide appropriate public notice for permitting
individuals to speak at the October 1, 2002, Council meeting. Councilman Braun
seconded the motion, which carried unanimously.
Sidewalk Area at Ford 3. Sidewalk ,~rea at Ford Dealership
Dealership
Councilman Headrick stated that it is important for businesses to have support from the
City; therefore, to put sidewalks in front of the dealership may not be an improvement
from the dealership's perspective. He urged the City to work with the dealer to
determine the level of improvements. Director Cutler reviewed the project and
described other situations where compromises had been reached. Flexibility, even with
State funds, he added, is still possible.
Manager Quinn summarized meetings held with Mr. Martin of Port Angeles Ford and
their discussions regarding compromising City and business goals and rolled curbs
rather than straight-edge curbs. He further mentioned the planting of trees along that
particular property and the fact that accommodations are still under discussion.
Break Mayor Wiggins recessed the meeting for a break at 7:00 p.m. The meeting reconvened
at 7:15 p.m.
PUBLIC HEARINGS - None.
QUASI-JUDICIAL:
PUBLIC HEARINGS - 1. Stormwater Management Plan and Ordinance
OTHER:
Director Cutler reviewed the ordinance revisions based on previous public testimony,
Stormwater Management noting that the Council would not be adopting the Washington State Stormwater
Plan and Ordinance Management Manual, but would consider adoption at the time an NPDES Phase II
permit is issued or upon passage of the County Salmon Recovery Plan. Mayor Wiggins
continued the public hearing at 7:20 p.m.
Roger Wheeler, North Peninsula Building Association, expressed frustration with added
fees, time, and costs associated with stormwater management. As a property owner, he
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4754 CITY COUNCIL MEETING
September 17, 2002
PUBLIC HEARINGS - felt that adoption of the ordinance would be very painful. In retrospect, the streams in
OTHER: the area are improved, there is cohesiveness regarding stewardship of the land, and it
(Cont'd) would be a shame to penalize businesses that are straggling to survive by adding more
tax. Although acknowledging that something should be done, Mr. Wheeler did not feel
Stormwater Management it necessary to do everything the state and federal government dictates, as other
Plan and Ordinance alternatives are possible. From both the business and taxpayer perspective, Mr.
(Cont'd) Wheeler indicated adoption could be very harmful.
Steve Zenovic, a city property and business owner, expressed his preference that the
City have some kind of comprehensive plan for addressing current stormwater issues.
On the surface, he felt a stormwater utility is appropriate and necessary, and he felt the
Council's challenge would be to set priorities to repair existing problems with an
improved infrastructure. On the matter of the Puget Sound Water Quality Manual, he
noted the Manual's complexity and inaccuracy and urged the City to find an equivalent.
Larry Doyle, 3121 City Lights Place, former Mayor of Port Angeles, noted that a
stormwater utility has been discussed for the past several years. He was hopeful that
the fees for a stormwater plan would be earmarked for infrastructure improvements
such as for combined sewer overflows which need to be addressed. The fees, he added,
should not be used to implement a plan from Olympia that is not affordable to anyone
involved in development.
Discussion ensued regarding the expenditure of revenues generated on specific
stormwater projects, and Attorney Knutson directed Council's attention to Page 155
which indicates the Ordinance contemplates these types of things would be addressed.
Tom Marzullo, 823 W. 16% spoke as a multi-property owner in the City. Two of his
properties are affected by storm run off: one he can handle, the second is still
problematic. He, therefore, supports the stormwater fee and wants to see the money
spent wisely, which does not include another management position. He asked if there
was any plan to put in a stormwater dram system within the north maintenance yard of
the City. While he supports this plan, he wants the monies to correct standing problems.
Allan Harrison, 1834 E. 5th Street, affirmed that this ordinance is not a requirement but
an act of wisdom to forestall possible requirements from the state government. This
may be an act of strategy to pre-empt the City from state requirements, but in the field
of environment, strange things do emerge and a lot of money is spent on things which
a bureaucrat thinks is necessary. He suggested the City consider a stormwater utility
as part of the Sewer Department, which would eliminate one administrative entity and
put the $3.00 fee on the sewer fees. Then, if requirements are mandated at a later date,
the City has not been locked into something at this time. He urged the Council to give
the matter in-depth thought, as he has seen other cities take action in order to avoid
future problems, but they only experience problems in other areas. He cautioned that
Port Angeles should not do the same thing.
John Cambalik addressed the Council as the local liaison for the Puget Sound Water
Quality Action Team, a non-regulatory state agency dealing with issues to protect the
health and bio-diversity of the Puget Sound Basin, including the Strait of Juan de Fuca
and the Hood Canal. With the use of the overhead projector, Mr. Cambalik presented
information to the Council covering stream data biological indexes of integrity which
concluded that biological health of watersheds decrease dramatically the more
impervious surface area that exists. In the Puget Sound Basin, for those areas that have
a stormwater utility, the most stable form of funding for stormwater problems is the
stormwater utility, and those that have refrained from instituting one are now regretting
it because of the high costs in solving problems. Mr. Cambalik then gave examples of
various cities that have utility and management solutions; he focused on Kitsap County
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CITY COUNCIL MEETING 4755
September 17, 2002
PUBLIC HEARINGS - as having one of the best stormwater management plans, highlighting the programs that
OTHER: are funded through the utility. Mr. Cambalik also showed graphs which depicted the
(Cont'd) decrease in fecal coliform contaminants in the water system due to the inception of
stormwater management plans.
Stormwater Management
Plan and Ordinance Ida McKeown, 2510 W. 10% offered personal testimony on problems associated with
(Cont'd) stormwater runoff and objected to the proposed ordinance based on her opposition to
the state manual and calling grass an impervious surface. What she sees is another layer
of bureaucracy. She would like to see some form of stormwater management, but it
was her understanding that problems would not be solved by this ordinance, nor would
the ordinance work to solve existing problems.
Discussion followed with Director Cutler clarifying that grass is a pervious surface, yet
Councilman Headrick pointed out that the State might force a change in the definition
to make grass an impervious surface.
Tad Price, 111 W. 12% advocated passing the ordinance, but suggested that the money
be put to correcting problems, not creating another level of bureaucracy that is not
mandated.
Leonard Rasmussen, 2311 W. 14% expressed concern with Mr. Cambalik's
presentation, as the programs he described are what is not wanted in Port Angeles. The
monies managed many other things, he felt, not stormwater problems and was not
relevant to Port Angeles' problems. He felt the City needs a uniform, comprehensive
plan, but this ordinance should not be a license to fund pet projects.
With no further public testimony, Mayor Wiggins closed the public hearing at 8:00 p.m.
Discussion was furthered by questions from Councilmembers. Director Cutler clarified
certain issues by stating that the ordinance is for the formation of a stormwater utility
to begin to collect fees to start attacking existing problems. He also stated the NPDES
permit is not required at this present time, but if the City is given a pemait, the contents
of the permit cannot be second-guessed. Mayor Wiggins inquired about the inclusion
of the proposed adoption of the Stormwater Manual, whether it was necessary. Director
Cutler responded that it is not necessary to move forward, but the rationale for including
it is to show that the City is cognizant of the environment, the potential for the
Stormwater Manual, and actions that may be taken in the future. Progress could still
be made by going ahead with just the stormwater utility.
Following fu~er discussion involving staffing, program size, and capital projects,
Councilmember Erickson expressed her pleasure in what Director Cutler had put
together and felt it was prudent to include the section about the manual because of what
the future may require. The amount of staff requested is minimal, with the majority of
the fees collected going toward correcting problems. She stated that she would vote in
favor of the proposed ordinance and encouraged other Councilmembers to do the same.
To include the section about the adoption of the manual is a way of appeasing the
Department of Ecology.
Councilman Campbell endorsed Councilmember Erickson's comments on the
stormwater utility and added that the approach to this issue has been handled logically
over the years. The combined sewer overflows, in his opinion, should be reduced based
on the NPDES requirements, and the utility would be a source of funding to correct the
problem. Staffand Council have done a good job in listening to what the citizens have
wanted, based on revisions to original documents. If the City will not implement some
sort of program, the state and federal government will most probably come in and
dictate what must be done without regard to the cost which would be most unfortunate.
Councilman Campbell stated that he supported the proposed stormwater utility as
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4756 CITY COUNCIL MEETING
. September 17, 2002
PUBLIC HEARINGS - presented without the adoption of any other manual.
OTHER:
(Cont'd) Councilman Headrick added that he could see unfunded mandates as having a
horrendous impact on the entire state, but he felt that the utility would be a band-aide
Stormwater Management approach. If looking at the overview, the City is, in most respects, dealing with
Plan and Ordinance stormwater, and the obvious solution is to enlarge the capacity of the piping and the
(Cont'd) capacities at the sewer plant. Expenses are incurred on the sewage level and systems
would need to be created as storage for the stormwater, which is expensive. Councilman
Headrick would like to see what other cities are doing to solve the over-aH problem as
$3.00 won't cover the costs. He indicated he would not support the ordinance at this
time, and he would like to see the matter tabled for at least six months.
Responding to Mayor Wiggins' inquiry regarding Clallam County's plans, Director
Cutler informed the Council that the County is looking at what it should be doing via
directions from Planning Commissioners and is in the process of drafting a plan. He
added that staff is not recommending the adoption of the manual and that the City needs
to work very closely with the County regarding implementation.
Councilmember Rogers added that the County will not be adopting the Manual.
Councilman Braun indicated that many citizens are having trouble paying utility bills,
and any additional monies charged for stormwater will cause even more difficulties.
He agreed with Councilman Headrick in that the matter should be tabled for the time
being. Councilman Williams, having reviewed the manual, did not agree with certain
interpretations from the staff report and was not in favor of adopting the ordinance.
There being no further discussion, Mayor Wiggins then read the Ordinance by title,
entitled,
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, establishing a
stormwater utility, establishing a monthly stormwater utility charge, designating
stormwater regulations and provisions for the management and operation of the
stormwater utility, and amending Ordinance 2394 and Ch. 13.63 of the Port Angeles
Municipal Code.
Councilmember Erickson moved to adopt the Ordinance as read by title.
Councilman Campbell seconded the motion, which failed by a 5-2 vote, with
Counciimembers Erickson and Campbell voting in favor and Mayor Wiggins and
Councilmembers Braun, Headrick, Rogers, and Williams voting in opposition.
OTHER 4. Boiled Water Advisory
CONSIDERATIONS:
(Cont'd.) Councilman Williams generated discussion concerning the recent advisory to boil water
in a specific area of the City, and he inquired as to whether future incidents of this
Boiled Water Advisory nature could have more comprehensive public notice. Director Cutler explained the
nature of the problem with the chlorine pump and the levels dropping and the fact that
the City immediately contacted the State and followed all procedures for assessing the
situation as outlined by the State. A precautionary advisory was posted per input from
the Department of Health, and a press release was submitted to each Councilmember,
the Department of Health, the local radio station, Peninsula News Network, and the
Peninsula Daily News. Noting it is not easy to inform the masses, Director Cutler
invited suggestions to improve the dissemination of advisories. He added that, in the
future, he would likely add a message to the after-hours emergency phone line, the
schools, as well as the hospital. Councilman Williams suggested acquiring contacts
with Victoria stations, as many citizens listen or watch Canadian broadcasts. Manager
Quirm commented on staffand the Department of Health's decision to keep this a low-
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CITY COUNCIL MEETING 4757
September 17, 2002
level advisory, as the situation did not require a high-level alert.
PUBLIC HEARINGS - 2. Street Vacation Petition - STV 02-01: YMCA: Portion of the 3/4 Alley West of
OTHER: Francis Street (Public Hearing was closed on September 3, 2002)
(Cont'd.)
Director Collins reviewed the changes made on the legal description, after which
Street Vacation Petition - Councilmember Rogers indicated she would be abstaining from the vote as she owns
STV 02-01: YMCA property in the area. Mayor Wiggins read the Ordinance by title, entitled
Ordinance No. 3121
ORDINANCE NO. 3121
AN ORDINANCE of the City of Port Angeles, Washington, vacating a
portion of the 3/4 alley west of Francis Street.
Couneilmau Headrick moved to adopt the Ordinance as read by title, citing
Findings 1-9, Conclusions A-G, and Conditions 1-2, as set forth in Exhibit "A',
which is attached to and becomes a part of these minutes. Councilman Braun
seconded the motion, which passed 6-0, with Couneilmember Rogers abstaining.
Municipal Code Amend- 3. Municipal Code Amendments - MCA Ol-02B
ments- MCA 01-02B
Ordinance No. 3122 Subsequent to Director Collins' review of the changes and revisions in the amendments,
Councilman Williams suggested some added language to 16.08.110 regarding plat
occupancy: "...building permits for the construction of houses within the plat will be
issued to the developer subject to the following conditions...", whereby the City would
open the possibility of purchase and sale agreements with preliminary short plats.
Mayor Wiggins then read the Subdivision Ordinance by title, entitled
ORDINANCE NO. 3122
AN ORDINANCE of the City of Port Angeles, Washington, revising the
City's subdivision ordinance, by providing consistent language for
street standards, department names, and City officials' titles and by
defining the desired urban design of the City, and amending
Ordinances 1631, 2222, 2669, and 3002, as amended, as Title 16
of the Port Angeles Municipal Code.
Councilman Braun moved to adopt the Ordinance as read by title and
incorporating the added language set forth above, citing Findings 1-9 and
Conclusions 1-5, as set forth in Exhibit "B", which is attached to and becomes a
part of these minutes. Councilman Headrick seconded the motion, which carried
unanimously.
Mayor Wiggins then read the Zoning Code Ordinance by title, entitled
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, amending the
City's Zoning Code by adding to the purposes of the Zoning Code,
by identifying what development should take place in each zone to
accomplish the desired urban design of the City and to reduce
conflicts between adjacent land uses, and by adding definitions for
special uses, and amending Ordinance 1709 as amended and Title
17 of the Port Angeles Municipal Code.
Councilman Williams inquired about the Junk Yard Conditional Use Permit, and
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4758 CITY COUNCIL MEETING
September 17, 2002
Municipal Code Amend- Director Collins responded that the language was made consistent with changing
ments- MCA 01-02B "wrecking yards" to "junk yards." An additional change will be made to Section 21,
Ordinance No. 3122 Page 7, in that "Wrecking Yard" will be rewritten "Junk Yard." Following further
discussion regarding additional changes, Councilmember Rogers moved to table the
adoption of the ordinance pending the referenced corrections. Councilman
Headrick seconded the motion, which carried unanimously.
ORDINANCES NOT None.
REQUIRING PUBLIC
HEARINGS:
INFORMATION: Manager Quinn noted the joint City Council / Port of Port Angeles Commissioners
meeting on September 23, 2002, from 4:00 to 5:30p.m. The Port will conduct a public
hearing at 6:00 p.m. that same day pertinent to the Westport Marine proposal. In
October, the Real Estate Committee meeting has been moved to thc Th, and the Budget
Committee meeting will be held mid-month. The Economic Development meeting has
been postponed for one month. Hc also drew attention to the Fire Station Roof Repair
Status Report in the Council packet and the Rayonier Mill Status Report. A
walkthrough on the Trail is scheduled for 3:00 p.m. September 20, 2002.
Mayor Wiggins commended thc Police Department for again receiving accreditation.
P, eferencing the denial to create a stormwatcr utility, Manager Quinn informed Council
that it is his intent to bring the issue back at a future date.
EXECUTIVE SESSION: The meeting was adjourned to Executive Session at 9:20 p.m. to discuss real estate
matters for approximately 30 minutes.
RETURN TO OPEN The meeting returned to Open Session at 9:44 p.m., and the Mayor was authorized to
SESSION: sign a letter regarding the Healthy Forests Initiative.
ADJOURNMENT: The meeting was adjourned at 9:44 p.m.
t
Becky f U~t~C~ Cle~'k
-8-
Exhibit "A"
4759
CONDITIONS, FINDINGS AND CONCLUSIONS IN SUPPORT OF STREET
VACATION ~ STV 02-01 - YMCA:
Conditions:
1. There shall be no obstruction of the vacated right-of-way without prior express
written permission from the Port Angeles Fire Department.
2. The City shall retain a twenty-four hour unrestricted utility access easement. No
construction will occur in the vacated right-of-way over the existing sewer facilities
or under the power lines without relocation of the utilities at the direction of the
City's Public Works and Utilities Department. Relocation or undergrounding of the
utilities shall be at the applicant's expense.
Findings:
1. A petition requesting the vacation of a portion of the 3/4 alley in Lewis and
Mastick's Subdivision of Suburban Lot 22 and Block 3, Cain's Subdivision to the
City of Port Angeles was submitted to the City of Port Angeles on May 10, 2002, by
Dan Maguire, Executive Director of the Clallam County YMCA.
2. An easement for service to the City's sanitary sewer main located in the alley which
services lots west to Eunice Street in this location will be needed to continue service
in the area. If future plans include building construction in the alley area, the line
will need to be moved at the property owner's expense. An easement shall be
retained under the existing primary power line that exists in the alley. If the property
owner requests conversion of a portion of the utility, such relocation shall be
underground at the property owner's expense. Twenty-four hour unrestricted access
shall be required for the existing or relocated electrical facilities.
3. The Fire Department must be contacted prior to any construction to ensure that the
alleyway remains clear for Fire access. The Fire Department must be consulted prior
to any new construction at the site or before changes are made that may impede
current access for existing structures.
4. Following a public heating conducted on June 26, 2002, the Planning Commission
moved to recommend that the City Council rezone abutting property owned by the
YMCA south of the alley to the Public Buildings and Parks (PBP) zone. A rezone
of the property to PBP was approved by the City Council on July 16, 2002. Property
owned by the YMCA north of the alley is zoned Public Buildings and Parks.
5. The City's Public Buildings and Parks (PBP) zone requires that a 6-foot visual screen
consisting of a solid fencing, landscaping, or other materials shall be provided in the
yard abutting residentially zoned land.
6. The City's Comprehensive Plan and Land Use Map were reviewed for consistency
with the proposed vacation of right-of-way.
4760
Conditions, findings, and conclusions
STV 02-01 - YMCA
Page 2
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 and required legal publication appeared in the Peninsula Daily
News on May 22, 2002. One letter of opposition to the street vacation petition was
received prior to close of the public comment period for the Planning Commission's
consideration. Two additional letters of opposition were received following close of
the Planning Commission comment period but prior to the City Council heating
regarding the petition proposal. The letters were included in staff's report materials
to the Planning Commission and City Council.
9. The City Council conducted a public heating on September 3, 2002, in consideration
of the street vacation petition. Following close of the public heating, the matter was
continued to September 17, 2002, for action.
Conclusions:
A. As conditioned, traffic patterns on surrounding streets would not be negatively
impacted by the vacation. Traffic in the 3/4 alley would be markedly reduced by
eliminating through traffic from the east where the YMCA site is located. Access to
properties at the west end of the 3/4 alley would not be disrupted and would become
more residentially oriented.
B. Low density residential development patterns in the area will not be affected by the
proposed vacation.
C. Furore construction plans that involve impediment to the vacated alley tight-of-way
area will require approval of the City's Fire Department to ensure that access is not
impeded to uses in the area. This would include construction of fencing.
D. The retention of easements for sewer service and power will ensure that the vacation
will not interfere with the public's health, safety or welfare.
E. The proposal is consistent with the goals and policies of the City's Comprehensive
Plan, specifically the following Comprehensive Plan policies have been found to be
most relevant to the proposal: Land Use Element Goal B, Policy B.1, Goal D, and
D.2; Transportation Element Goal B; Utilities and Public Services Element Goal B,
Policy B.3, Goal D; and Capital Facilities Element Goal B.
F. The residential development pattern in the vicinity will not be affected by the
vacation of right-of-way.
4761
Conditions, findings, and conclusions
STV 02-01 - YMCA
Page 3
G. As conditioned, the street vacation is in the public interest.
Adopted by the Port Angeles City Council at its meeting of September 17, 2002.
· -~enn Wiggins, May~r"
~ecky J. lf~-~n,t'~ity C"i'em
Exhibit "B"
4762
CONDITIONS, FINDINGS AND CONCLUSIONS IN SUPPORT OF MUNICIPAL CODE
AMENDMENT - MCA 01-02B, CITY OF PORT ANGELES:
Findings:
Based on the information provided in the Department of Community Development Staff
Reports in support of MCA 01-02B dated December 12, 2001, January 30, 2002, February 27, 2002,
March 13, 2002, March 27, 2002, April 10, 2002, April 24, 2002, May 8, 2002, and May 22, 2002,
including all information in the public record file, comments, testimony, and deliberation during the
public hearings, the City of Port Angeles City Council finds that:
1. In 2001, the City Council established a Citizen Code Advisory Committee (CCAC) to review
the language in all the City's land use, environmental, and construction codes. This
committee was comprised of representatives of the building, professional, and environmental
communities and met twice a month for four months. Their recommended amendments
include suggested revisions to the Port Angeles Municipal Code, specifically Titles 14
(Building and Construction), 15 (Environment), 16 (Subdivisions), and 17 (Zoning).
2. Based on the deliberations and recommendations of the Citizen Code Advisory Committee,
the City of Port Angeles proposed Municipal Code Amendments to change several sections
of the Port Angeles Municipal Code, including Titles 14 Building and Construction, 15
Environment, 16 Subdivisions, and 17 Zoning.
3. Corrections are proposed throughout the Municipal Code which reflect changes in the
department name from "Building Division" or "Planning Department" to "Department of
Community Development," and in staff titles from "Planning Director" to "Community
Development Director," "Public Works Director" to "Director of Public Works and
Utilities," and "Building Inspector" to "Building Official."
4. Per Section 17.96.100 Amendments, any amendments adopted by the City Council may be
modified from the form in which they were advertised within the limits necessary to relate
properly such amendment or amendments to the Zoning Regulations. Final action on such
modifications shall be subject to review and report of the Planning Commission prior to final
passage by the City Council.
5. The entire City Comprehensive Plan was reviewed with regard to the proposed Municipal
Code amendments, and the most relevant goals, policies, and objectives included, but were
not limited to, Growth Management Element Policy A(1)(a, c, d, f, g, k, and 1), Land Use
Element Goal A, Policies A. 1 and A.2, Objective A. 1, Goal B, Goal D, Policy D. 1, Goal
E, Policies E.3 and E.5-E.8, Goal F, Policies F.1 and F.2, Goal H, Transportation
Element Policies A.3 and A.6, Goal B, Policies B. 1 and B.10-19, Objectives B. 1-B.3,
Utilities and Public Services Element Policy A. 1, Goal C, Policies C.2-C.6, Goal D,
Policies D.1, D.6-10, Housing Element Goal A, Policies A.1 and A.5, Conservation
Element Goal A, Policies A.1-A.3, Policies B.3-B.6, B.21, Objectives B.3, Capital
Facilities Element Goal A, Policies A. 1-A.4, A.7, A.9-A. 13, Goal B, Policies B. 1-B.7,
4763
Findings and Conclusions - MCA 02-0113
City of Port Angeles
Page 2
Objective B.1, Goal C, Policies C.1-C.5, Economic Development Element Goal A,
Policies A.1, A.4, A.6, Goal B, Policies B.1 and B.5.
6. Determination of Non-Significance No. 982 was issued for the proposed Municipal Code
amendments on May 23, 2002.
7. Following public hearings conducted on March 13, April 10, May 8, and May 22, 2002, the
City Planning Commission recommended that the City Council approve certain amendments
to the Municipal Code as outlined in the staff reports for MCA 02-01B.
8. The City Council conducted public heatings on June 18, July 16, and August 20, 2002, with
regard to the proposed Municipal Code Amendments. Following the City Council's August
20, 2002, Council closed the public hearing and continued deliberation of the matter to the
September 3, 2002, regular meeting.
9. On September 3, 2002, the City Council directed staff to prepare the proposed amendments
to Chapter 16 (Subdivision) and Chapter 17 (Zoning) for Council's action at the September
17, 2002, regular meeting.
Conclusions:
Based on the information provided in the Department of Community Development Staff
Reports in support of MCA 01-02B dated December 12, 2001, January 30, 2002, February 27, 2002,
March 13, 2002, March 27, 2002, April 10, 2002, April 24, 2002, May 8, 2002, and May 22, 2002,
including all information in the public record file, comments and testimony presented during the
public heatings, the Planning Commission's discussion and deliberation, the City Council's
discussion and deliberation, and the above listed findings, the City Council of the City of Port
Angeles hereby concludes that:
1. The proposed Municipal Code amendments are intended to refine wording, correct obvious
errors, clarify existing procedures and requirements, and help to make the code language
easier to comply with and to understand.
2. The Municipal Code amendments as proposed are consistent with the goals and policies
of the City's Comprehensive Plan including, but not limited to, Growth Management
Element Policy A(1)(a, c, d, f, g, k, and 1), Land Use Element Goal A, Policies A. 1 and
A.2, Objective A.1, Goal B, Goal D, Policy D.1, Goal E, Policies E.3 and E.5-E.8, Goal
F, Policies F. 1 and F.2, Goal H, Transportation Element Policies A.3 and A.6, Goal B,
Policies B.1 and B.10-19, Objectives B.1-B.3, Utilities and Public Services Element
Policy A. 1, Goal C, Policies C.2-C.6, Goal D, Policies D. 1, D.6-10, Housing Element
Goal A, Policies A. 1 and A.5, Conservation Element Goal A, Policies A. 1-A.3, Policies
B.3-B.6, B.21, Objectives B.3, Capital Facilities Element Goal A, Policies A. 1-A.4, A.7,
A.9-A. 13, Goal B, Policies B. 1-B.7, Objective B.1, Goal C, Policies C.1-C.5, Economic
Development Element Goal A, Policies A. 1, A.4, A.6, Goal B, Policies B. 1 and B.5.
Findings and Conclusions - MCA 02-01B 4764
City of Port Angeles
Page 3
3. The amendments will result in improved public service relating to permit processing and
regulation clarification, making the Municipal Code requirements easier for the general
public to read and understand.
4. The proposed Municipal Code amendments help to describe the desired urban design of the
City of Port Angeles and how development regulations implement the Comprehensive Plan.
5. The proposed Municipal Code amendments are in the public interest.
Adopted by the Port Angeles City Council at its meeting of September 17, 2002.
./'G"~enn Wiggins, Mayor
~ec-k~ J-.'(Jl~n, C(~/ty C~erk