HomeMy WebLinkAboutMinutes 10/02/2007
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CALL TO ORDER -
REGULAR MEETING:
ROLLCALL:
PLEDGE OF
ALLEGIANCE:
PUBLIC
CEREMONIES /
PRESENTATIONS:
Recognition of Port
Angeles High School
Homecoming 2007
Introduction of New City
Archaeologist
WORK SESSION:
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS &
PUBLIC COMMENT:
CITY COUNCIL
COMMITTEE
REPORTS:
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CITY COUNCIL MEETING
Port Angeles, Washington
October 2, 2007
Mayor Rogers called the regular meeting of the Port Angeles City Council to order at
6:02 p.m.
Members Present:
Mayor Rogers, Deputy Mayor Williams, Councilmembers
Braun, Headrick, Munro, Petersen, and Wharton.
Members Absent:
None.
Staff Present:
Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler,
T. Gallagher, D. McKeen, Y. Ziomkowski, 1. Dunbar, S.
Roberds, T. Pierce, and N. West.
Public Present:
M. Kang, D. Perry, P. Lamoureux, D. DiGuilio, C. Kidd, and
S. Zenovic. All others present in the audience failed to sign
the roster.
The Pledge of Allegiance to the Flag was led by Councilmember Headrick.
I. Proclamation in Recognition of Port Angeles High School Homecoming 2007:
Mayor Rogers read and presented a proclamation to Port Angeles High School students
Lonnie Grinnell, Katie Capell, and Maldeep Kang in recognition of Port Angeles High
School Homecoming 2007. The Mayor proclaimed Friday, October 5th, as Green and
White Day in City Hall and throughout the City.
2.
Introduction of New City Archaeologist:
Principal Planner W est,joined by Mayor Rogers, introduced the new City archaeologist,
Derek Beery, who moved to Port Angeles from Missoula, Montana.
None.
There were no late items added to the agenda.
Peter Ripley, 114 E. 6th, #102, noted this is Disability Awareness Month, and he provided
a status report on the recently formed Disability Assistance Program. Mr. Ripley also
delivered a message urging public awareness for the safety ofthe disabled in crosswalks.
Paul Lamoureux, 602 Whidby, expressed appreciation to staff for listening to his input
regarding solid waste rate adjustments and the grace period for those changing service;
however, he stated his preference for a one-month grace period.
None.
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6133
CITY COUNCIL MEETING
October 2, 2007
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
RESOLUTIONS:
Street Vacation Petition-
City ofPort Angeles
Resolution No. 17-07
FINANCE:
DOE Stormwater
Grant Applications
Landfill Slope
Stabilization, Project 02-
21, Change Order No. 3
None.
1. Street Vacation Petition - City of Port Angeles:
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Principal Planner West summarized a resolution to set a public hearing for the proposed
yacation of a portion of Cherry Street. The hearing would be set for a special City
Council meeting to be held Tuesday, October 23, 2007, at 6:00 p.m. Following brief
discussion, Mayor Rogers read the Resolution by title, entitled
RESOLUTION NO. 17-07
A RESOLUTION of the City Council ofthe City ofPort Angeles, Washington,
setting a hearing date for October 23,2007, on a petition to vacate a portion
of Cherry Street north of the North line of the First/Front alley between
First and Front Streets in Port Angeles, Clallam County, Washington.
CounciImember Braun moved to pass the Resolution as read by title. The motion
was seconded by CounciImember Headrick. Manager Madsen clarified that a
recommendation pertinent to the street vacation would be brought forward from the Real
Estate Committee for the meeting on October 23rd. A vote was taken on the motion,
which carried 5 - 1, with CounciImember Petersen voting in opposition and
CounciImember Wharton abstaining.
1.
DOE Stormwater Grant Applications:
Public Works & Utilities Director Cutler reviewed the City's proposal to apply for one
or two grants under the Department of Ecology's Stormwater Management
Implementation Grants Program for 2008. One grant application would be to establish
a flow model of stormwater conveyance systems in the City, as well as some baseline flow
and water quality monitoring. The other grant application would be for a capital project
and may be for one or a combination of projects from the 2007 Capital Facilities Plan
regarding stormwater outfalls to streams and marine and/or stormwater at Canyon Edge
and Ahlvers. Director Cutler showed a slide exhibiting the primary areas of concentration
for these grant applications that must be submitted to the State by October 15th.
Director Cutler responded to questions posed by the Council with respect to the $200,000
match that would come from Stormwater reserves, as well as the current balance in
reserves. CounciImember Munro moved to authorize the Mayor to (1) sign up to
two grant applications for a total amount not to exceed $600,000, and (2) if either
or both grants are approved, authorize the Mayor to execute the grant
agreement(s). The motion was seconded by Deputy Mayor Williams and carried
unanimously.
2. Landfill Slope Stabilization, Project 02-21, Change Order No.3:
Director Cutler submitted Change Order No.3 for the Landfill Slope Stabilization
Project, which involved work done at the end of 2006 and during a winter project
suspension. He reviewed in depth the five items included in the Change Order and
answered questions 'on the itemized costs, as well as the reason for the City's
responsibility for payment. CounciImember Wharton moved to approve Change
Order No.3 to the contract with Glacier Construction Services, Inc., for the Port
Angeles Landfill Slope Stabilization, Project 02-21, in the amount of $44,955.79,
including sales tax, for a total contract amount of $2,543,078.58, including tax.
Councilmember Headrick seconded the motion.
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Discussion followed, and Councilmember Munro stated his dislike for change orders, as
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Landfill Slope
Stabilization, Project 02-
21, Change Order No.3
(Cont'd)
IT Fire Suppression
System Replacement
CONSENT AGENDA:
INFORMATION:
OTHER
CONSIDERATIONS:
Break
PUBLIC HEARINGS -
QUASI-JUDICIAL:
JOKRIJO Preliminary
Subdivision
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CITY COUNCIL MEETING
October 2, 2007
6134
well as the City's risk on the matter. Councilmember Petersen indicated the project
contractor was her neighbor, and following questions posed by Attorney Bloor, it was
concluded that Councilmember Petersen had no conflict of interest and could participate
in the deliberations. A vote was taken on the motion, which carried 5 - 2, with
Councilmembers Munro and Petersen voting in opposition.
3.
IT Fire Suppression System Replacement:
Director Cutler advised the Council that the existing Information Technology (IT) server
room is protected by a Halon fire suppression system, something that has been determined
to be environmentally damaging. The new replacement system is environmentally
friendly and performs better. The project would also involve the replacement of an
existing, obsolete panel. Director Cutler indicated the project costs were included in the
2007 Budget. Councilmember Braun moved to authorize the Mayor to sign a
contract with Cosco Fire Protection, Inc., for $32,489.37, including tax, to replace
the Halon fire suppression system with an FM200 system and new control panel.
Councilmember Petersen seconded the motion, which carried unanimously.
Councilmember Munro moved to accept the Consent Agenda, to include: (1) City
Council Minutes dated September 18; (2) Expenditure Approval List: 9/08 -.9/21 -
$1,590,428.52; (3) Set Public Hearing - Water Rate Adjustments; and (4) Erickson Park
Tennis Courts, Project PK 01-05. Councilmember Petersen seconded the motion,
which carried unanimously.
Manager Madsen reviewed an informational memo that had been distributed, listing the
anticipated special meeting commitments for some or all of the Councilmembers in
October.
Because of the general election on November 6t\ which is the date of the City Council
meeting, Mayor Rogers suggested that the meeting be held on Wednesday, November 7,
2007, to which all agreed.
Mayor Rogers provided a brief update on the special meeting with the Victoria City
Council, which is being planned for Friday, October 12, 2007. She summarized the
proposed agenda items, to include discussion on the impact of the proposed Coho ferry
relocation, encouragement for Victoria to be good stewards on sewage treatment, the
2010 Olympics, the Two Nation Vacation Project, and discussion on a shared economic
strategy between the two nations. Further information will be forthcoming. .
In anticipation of the October 9th special meeting, Manager Madsen asked that Council
input on the 2008 Budget be provided by Friday ofthis week.
None.
Mayor Rogers recessed the meeting for a break at 6:50 p.m. The meeting reconvened at
7:05 p.m.
1.
JOKRIJO Preliminary Subdivision:
Mayor Rogers indicated this is a quasi-judicial matter, and she inquired of the Council
as to any potential conflicts or vested interests in this particular area. She noted that her
husband is a real estate agent, but he has no interests in the area. Deputy Mayor Williams
indicated he, too, is a real estate agent, but he has no interests in the area.
Principal Planner West summarized the JOKRIJOpreliminary subdivision, a 13-10t
residential subdivision in the RS-9 Residential Single Family zone. He indicated the
subdivision involves 3.3 acres, and it conforms to the Municipal Code. Planner West
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6135
CITY COUNCIL MEETING
October 2, 2007
PUBLIC HEARINGS -
QUASI-JUDICIAL:
(Cont'd)
JOKRIJO Preliminary
Subdivision (Cont'd)
PUBLIC HEARINGS -
OTHER:
Solid Waste Rate
Adjustments
Ordinance No. 3300
Ordinance No. 3301
Ordinance No. 3302
displayed a map to show the area of the proposed subdivision. Brief discussion was held
concerning the routing of "0" Street.
Mayor Rogers opened the public hearing at 7: 10 p.m.
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Steve Zenovic, 301 E. 6th Street, representing the applicants, informed the Council this
is a straightforward project. He provided clarification on the routing of"O" Street, as it
had been realigned many years ago to alleviate an intersection conflict. Discussion
followed on improvement of the streets to arterial standards, and the timing of clearing
and grading because of the upcoming weather season. Planner West offered a correction
to the staff report in that there is not an ordinance for the preliminary subdivision.
There being no further public testimony, Mayor Rogers closed the public hearing at 7:15
p.m. The Planning Commission had forwarded a unanimous recommendation for
approval. Councilmember Wharton moved to approve the JOKRIJO Preliminary
Subdivision, citing Conditions 1 - 9, Findings 1 - 25, and Conclusions A - E. The
motion was seconded by Councilmember Petersen and carried unanimously.
I.
Solid Waste Rate Adjustments:
Director Cutler indicated this is the second reading of the Ordinances for Solid Waste rate
adjustments. He noted that limited public input was received since the first public
hearing. An updated Ordinance for garbage collection rates was distributed to the
Council this evening.
With the use of PowerPoint slides, Power Resources Manager Dunbar summarized the
recommended rate adjustments. Since the last Council meeting, staff is recommending
changes to the Collection Utility Service Level specific to a service fee that is applied for
service changes. Although it is intended that the City recover its costs associated with
making service changes, staff has recommended a two-week window for the last two
weeks of November whereby citizens can make service changes without having a fee
imposed. This is a goodwill gesture made in the interest of encouraging the recycling
effort. Director Cutler added that these particular dates were selected in order to have
ample time to advertise and to then respond to the requests.
Power Resources Manager Dunbar continued by providing a brief summary of the
proposed rate adjustments to be effective January 1,2008. A new industrial collection
rate was added to the revised Ordinance distributed this evening. He then discussed
transfer station rate adjustments, as well as the Ordinance amendments being proposed.
Discussion followed, and staff answered questions posed by the Council related to the
two-week grace period, the timing ofa customer's submission ofa change request, why
Blue Mountain self haulers are at a minimum fee of$5 yet the Transfer Station minimum
fee is $10, the differences between the two facilities, and whethertwo weeks is sufficient
for a grace period. Discussion also focused on how the public will be informed of the
two-week grace period, and the Council noted the advantage of providing a notification
with the utility bills.
Mayor Rogers continued the public hearing at 7:38 p.m.
Paul Lamoureux, 602 Whidby, complimented the staff and Council for the two-week
grace period, and he asked for consideration of ample notice for those who spend the
winters in other areas.
Cherie Kidd, 101 E. lOth Street, thanked the Council for considering the two-week grace a
period; she felt the most effective notice would be with the utility bills. .,
There being no further public testimony, Mayor Rogers closed the public hearing at 7:40
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PUBLIC HEARINGS -
OTHER:
(Cont'd)
Solid Waste Rate
Adjustments
Ordinance No. 3300
Ordinance No. 3301
Ordinance No. 3302
(Cont'd)
EXECUTIVE
SESSION:
RETURN TO OPEN
SESSION:
Request from Lower
Elwha Klallam Tribe
ADJOURNMENT:
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CITY COUNCIL MEETING
October 2, 2007
6136
p.m. Mayor Rogers then read the Ordinances by title.
ORDINANCE NO. 3300
AN ORDINANCE of the City ofPort Angeles, Washington, repealing Chapter
13.56, Sanitary Landfill, and revising Transfer Station rates by amending
Chapter 13.57 of the Port Angeles Municipal Code.
Deputy Mayor Williams moved to adopt the Ordinance as read by title. The motion
was seconded by Councilmember Wharton and carried unanimously.
ORDINANCE NO. 3301
AN ORDINANCE ofthe City of Port Angeles, Washington, revising taxes
levied by amending Chapter 5.80 of the Port Angeles Municipal Code.
Deputy Mayor Williams moved to adopt the Ordinance as read by title.
Councilmember Wharton seconded the motion, which carried unanimously.
ORDINANCE NO. 3302
AN ORDINANCE of the City ofPort Angeles, Washington, revising garbage
collection rates by amending Chapter 13.54 of the Port Angeles Municipal
Code.
Deputy Mayor Williams moved to adopt the Ordinance as read by title. The motion
was seconded by Councilmember Petersen and carried unanimously.
The Council expressed appreciation for staffs hard work on the Solid Waste rate
adjustments.
Based on input from Attorney Bloor, Mayor Rogers announced the need for an Executive
Session for approximately 30 minutes for two items under the authority of RCW
42.30.110(1 )(i), with action probable but not certain. The Executive Session convened
at 7:55 p.m., and at 8:25 p.m., the Executive Session was extended for an additional 5
minutes by announcement of the Mayor.
The Executive Session concluded at 8:30 p.m., and the Council convened in regular open
seSSIOn.
1.
Request from Lower Elwha Klallam Tribe:
Manager Madsen explained the Lower El wha Klallam Tribe had requested a meeting with
the City Council to discuss amendments to the August 14,2006, Settlement Agreement.
The City Council discussed the request, after which Deputy Mayor Williams moved to
direct staffto inform the Lower Elwha Klallam Tribe that the City Council will not
consider amendments to the Settlement Agreement, but will remain open to discuss
future projects and other concerns at any time. The motion was seconded by
Councilmember Wharton and carried unanimously.
The meeting was adjourned at 8:36 p.m.
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Au ~i>~ J.1p1:n^-
Becky J. Upt Ci Clerk
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Exhibit" A "
6137
CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF JOKRIJO SUBDNISION
Conditions:
1. The existing "0" street right-of-way shall be constructed to the City's collector arterial
service standards including a 5- foot detached sidewalk, and street trees planted no more than
50 feet on center prior to approval of the final plat. A street tree list will be provided by the
Department of Community and Economic Development
2. Tenth Street improvements shall be made to Public Works and Utilities Department
standards prior to final plat approval
3. Fire hydrant spacing shall be as required by the City Fire Department. Residences shall be
fitted with sprinkler systems.
4. Electric utility service shall be underground.
5. 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.
6. Stormwater improvement plans shall be submitted for approval per the City's Urban
Services Standards and Guidelines and made prior to final plat approval.
7. Sanitary sewer shall be extended to the new lots as required by the Public Works and
Utilities Department from 10th Street and the location shown on the preliminary plat.
8. Building setbacks for the existing structure and proposed sites shall be identified on the final
plat and address numbers provided by the Public Works and Utilities Department placed on
the lots.
9. The final plat shall indicate that the William R. Fairchild International Airport is located in
the vicinity and that ongoing airport operations exist.
Findings:
1. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements
for the approval of subdivisions. RCW 58.17.
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
6138
City Planning Department. The City Council shall either approve or disapprove the
proposed preliminary plat at a public meeting.
4. Section 16.08.070(F) requires that street trees be planted in public rights-of-way along
arterial streets to protect against excessive heat and glare, reduce stormwater impacts, and
enhance the attractiveness and value of abutting property.
5. The Port Angeles Public Works and Utilities, Light, Parks, and Fire Departments reviewed
the proposed Subdivision. Their comments have been incorporated in the Department's
recommendation.
6. Preliminary approval is based upon a drawing dated received August 8, 2007, prepared for
JOKRIJO by Zenovic and Associates.
7. The subject property is identified as a portion of suburban lot 56 on the Port Angeles
Comprehensive Plan Land Use Map.
8. 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, C.2, C.3, CA, and c.s.
9. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer
service and electrical service (Capital Facilities Element Policy A.9).
10. 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.
11. The subj ect property is identified by the Port Angeles Zoning Map as RS-9 Residential
Single Family, which allows a density of up to 4.84 units per gross acre. The proposed
drawing indicates that each lot in the proposed subdivision will be at least 9,000 square feet
in size and meets the lot minimum size and density requirement for the RS-9 zone.
12. The site is currently served by 10th Street and "0" Street. Both "0" Street and 10th Street are
designated as collector arterials. Neither street is designated as a school walking route or
bicycle route.
13. There are no environmentally sensitive areas on the site. The site slopes slightly downward
from south to north with some irregularities. 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.
14. Transit service is available along "N" Street at 10th Street east of the site. "N" Street is the
nearest designated school walking route to the site
15. 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.
16. The Port Angeles School District has been notified ofthe development to allow them to plan
for needed public school facilities and routes. The Port Angeles School District provides
school bus pick-up for students at Hamilton Elementary School and Stevens Middle School
at 12th and "N" Streets.
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17. All utilities including potable water, sanitary waste, and refuse collection are available in the
area.
18. The City's Police, Fire, and Public Works and Utilities Departments will service the site.
19. The City's State Environmental Policy Act (SEP A) Official issued a Determination of
Nonsignificance (DNS #1203) on August 8, 2007, for the clearing and grading and site
development relative to the proposed subdivision, therefore satisfying the City's
responsibility under the Act.
20. Improvements to "0" Street will be required such that the final roadway is an improved
width of 40 feet with curb and gutters, and sidewalks on both sides of the street.
21. PAMC 16.08.070.(F) requires that street trees be planted in the right-of-way of arterial
streets. "0" Street is classified as an arterial street.
22. The Port of Port Angeles operation ofthe Fairchild International Airport is located south of
the site. The Port staff has been notified of the proposed subdivision proposal and it is
expected that those who purchase properties in the final subdivision will be aware of the
existing on-going airport operation.
23. The Planning Commission's decision is a recommendation to the City Council. The
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.
24. Property owners within 300 feet of the proposed subdivision were mailed notice of the
proposal on August 26,2007. The property was posted on August 22,2007, and publication
appeared in the Peninsula Daily News on August 26,2007.
25. The City Planning Commission conducted a public hearing on September 12, 2007, and
forwarded a recommendation of approval to the City Council for consideration.
Conclusions:
A. As conditioned, the proposed subdivision is consistent with the Port Angeles
Comprehensive Plan 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 walk to and from school.
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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.
E. Public notice was provided as required by 17.96.140 PAMC.
by the Port Angeles City Council at its meeting of October 2, 2007.
Karen A. Rogers, Mayor
b~^
Becky J. Upto , City Clerk