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HomeMy WebLinkAboutMinutes 11/15/2005 e CALL TO ORDER- REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PRESENT A TIONS, CEREMONIAL MATTERS & PROCLAMATIONS: PresentatIon of APW A Project of the Year Award WORK SESSION: 8th Street Bndges Project Update e 5747 CITY COUNCIL MEETING Port Angeles, Washington November 15, 2005 Deputy Mayor Braun called the regular meetmg of the Port Angeles CIty CouncIl to order at 6 00 p.m. Members Present Deputy Mayor Braun, CouncIlmembers Enckson, Munro, PIthS, Rogers, and WIlhams Members Absent Mayor Headnck Staff Present Manager Madsen, Attorney Bloor, Clerk Upton, G Cutler, D McKeen, T Riepe, Y ZIOmkowskI, G Kenworthy, T Partch, K. Bogues, S. McLam, L Dunbar, and B Coons Publzc Present G Gleason, K Patterson, P Lamoureux, M & R Gotham, K Monds, C. MIller, E. Petersen, D Markley, J HendrIcks, B. MelVIlle, and M. LIbera All others present m the audIence faIled to SIgn the roster The Pledge of AllegIance to the Flag was led by Deputy DIrector of Engmeenng ServIces Kenworthy PresentatIOn of APWA PrOject of the Year Award Pubhc Works & UtIhtIes DIrector Cutler presented the Amencan Pubhc Works ASSOCIatIon PrOject of the Year Award to Deputy Mayor Braun The award was receIved for the category of hIstoncal restoratIon and preservatIOn for less than $2 rmlhon DIrector Cutler then presented sIrmlar awards and plaques to project partICIpants Stuart Bonney, ArchItect, Kathy Monds, HIstoncal SocIety, Terry Partch, Project Manager, and Rick Hoch, Hoch ConstructIon, who was unable to attend thIS evemng 8th Street Brzdges PrOject Update DIrector Cutler opened dISCUSSIon on the update of 8th Street Bndges proJect, mtroducmg Messrs. Santosh KuruvIlla, PreSIdent of Exeltech, and Rod FInkle, ConstructIon Project Manager The thrrd phase of the project IS drawmg to a close wIth the completIon of the final desIgn, and It IS antIcIpated that the project wIll go to advertIsement m December, With bId openmg m late January or early February Mr KuruvIlla, wIth the use of PowerPomt shdes, provIded an update on the overall progress of the project, revIewmg the Engmeer's current estImate mclusIVe of all alternates The base bId project total presently stands at $19,581,190 for roadway Improvements, utIhtIes, and the conventIonal barner and raIlmg DIrector Cutler added that the City IS studymg ways to rmtIgate the expenses to have more fundmg avaIlable for constructIon Mr KuruvIlla reVIewed Alternates A and B, as well as the dIfferent phases and assocIated tIme hnes He noted that another pubhc outreach would be scheduled m the sprmg Mr Fmkle reVIewed the next steps to be taken, to mclude obtammg final desIgn - 1 - 5748 CITY COUNCIL MEETING November 15, 2005 WORK SESSION: (Cont'd) 8th Street Bndges Project Update (Cont' d) LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: FINANCE: PublIc UtilIty DIstrIct (PUD) Agreement on the Western Urban Growth Area Electnc ExtensIOn Wastewater UtilIty DIgester Pump Purchase approval from WSDOT, obtammg the Corps penmt for temporary wetland Impacts, and prepanng hIstonc documentatIOn of the bndges Drrector Cutler dIscussed the hIstonc SIgnIficance of the bndges and the fact that some parties are mterested m procurmg the bndges that were bUllt m 1935. Once the project has been awarded, It IS expected that construction wIll commence m the spnng/summer of 2006 Webcams wIll be Installed to momtor the bndge construction A great deal of mterest has been generated m the project, and It IS expected that the project Will Win an award DIrector Cutler adVIsed the CouncIl that, once the bId results are m, the City plans to do addItIOnal publIc outreach With the resIdents and busmesses m the area, knowmg there Will be a major lmpact on the CIty He was certam everyone would be pleased With the bndges once they are m place Bnef dISCUSSIon followed e Manager Madsen made the follOWing changes and addItions to the agenda Set a date to hear the Farmers Market appeal, added Agenda Item E 5 - Surplus of V ehIcles and EqUlpment, removed Item H 3 on compreSSIOn brakes pendmg further dISCUSSIOn With the truckmg mdustry, and moved Item D.6. to City Manager's Report CraIg MIller, 711 E Front Street, addressed the procedural aspect of the Farmers Market appeal, urgmg the CouncIl to set a meetmg date to hear the appeal as expedItiously as pOSSIble. Paul Lamoureux, 602 WhIdby, dIscussed the Gateway Project, the phases of the project, and the order of completion of those phases, With whIch he dIsagreed He was concerned With assocIated costs and the Issue of condemnation Mr. Lamoureux also dIscussed utilIty rate mcreases, and the need for conservatIOn rate mcentlVes CouncIlmembers MUllro and Rogers addressed the Issue of condemnation for purposes of clanfication 1 Publzc Utllzty District (PUD) Agreement on the Western Urban Growth Area ElectriC ExtenSIOn Drrector Cutler referenced the CIty'S 1992 agreement With the P U D whIch set forth the means by whIch the CIty would assume electrIC faCIlIties from the P U D That agreement was followed for the Western UGA. Deputy Drrector of Power Systems McLam prOVIded further mfonnatIOn on the CIty'S purchase of the dIstrIbutIOn facIlIties, and he summanzed the letter agreement that confinns the 1992 agreement speCIfic to thIS partIcular area, to mclude severance costs for the P U D crews to dIsconnect mfrastructure DISCUSSIon followed on the applIcatIOn of the agreement to the Western UGA. Councilmember Munro moved to authorize the City Manager to sign the Letter Agreement with the P.U.D. for the Western UGA Annexation, Transfer of Electrical Facilities. The motion was seconded by Councilmember Williams and carried unanimously. 2 Wastewater Utllzty Digester Pump Purchase Drrector Cutler sumrnanzed the need to replace the eXIstmg pump m the wastewater treatment plant dIgester bUlldmg, whIch would enable staff to effectively dewater and clean the plant dIgesters Bnef dISCUSSIon ensued about the finanCIal benefit of the purchase, With Drrector Cutler answenng questions posed by the CouncIl Councilmember Williams moved to award and authorize the Director of Public Works & Utilities to sign a purchase contract for a digester sludge pump, Simplex Model 6DDSX76CNU with accessories, from Penn Valley Pump Co., Inc., of Warrington, PA, in an amount not to exceed $23,000. The motion was seconded e by Councilmember Rogers. However, CouncIlmember Mumo was of the opImon that a fmancIal analYSIS should have been made a part of the proposal, so he was unable to support the motion Followmg further dISCUSSIon, Councilmember Williams moved - 2- e Waste Water UtIhty DIgester Pump Purchase (Cont'd) Landfill Stormwater System, Project 05-16 Contract to Purchase Aenal Platform (Ladder Truck) Break Farmers Market Appeal RESOLUTIONS: e ResolutIon SettIng a Pubhc Hearmg - STY 05-05 - Gardmer - 2nd Street East of Alder Resolution No. 22-05 CITY COUNCIL MEETING November 15,2005 5749 to table the matter pending further financial information. Councilmember Rogers seconded the motion, which carried 5 -1, with Councilmember Erickson voting in opposition. 3 Landfill Stormwater System, Project 05-16 Drrector Cutler advIsed the CouncIl that, due to the proposed water treatment plant, closure of the landfill, and constructIOn of the transfer statIon, added stormwater facIlItIes are requrred to handle the added runoff and to provIde treatment pnor to dIschargmg He reVIewed the bIds submItted, notIng that the CIty antIcIpates receIvmg $100,000 from the Federal Government for the project Councilmember Rogers moved to award and authorize the Mayor to sign a contract with DelHur Industries of Port Angeles, W A, for the Port Angeles Landfill Stormwater System, Project 05-16, in the amount of$641,654.12, including sales tax. The motion was seconded by Councilmember Munro and carried unanimously. 4 Contract to Purchase Aerzal Platform (Ladder Truck) Frre ChIef McKeen provIded background mformatIon on the ladder truck that has been m use for 38 years. He summarIZed the formatIOn of a COmmIttee to work on the specIficatIons for the apparatus, the fmancmg plan for the replacement, and the subsequent bIds receIved. Captam Bogues then reVIewed the Amencan LaFrance Northwest bId that was deemed to have been unresponSIve due a non-comphant cab, lack of costs assocIated WIth eqUIpment mounts, and an engme not meetmg specIficatIons Sutphen was deemed to be unresponSIve, as It faIled to provIde complete eqUIpment cost mformatIon, the eqUIpment wouldn't fit mto the eXIstmg apparatus bay, and the manufacturer was not ISO 9001 certIfied CouncIlmember Braun mdIcated the PublIc Health & Safety COmmIttee supported the recommendatIOn before the CouncIl DISCUSSIon followed, WIth Captam Bogues answenng questIOns . posed by the CouncIl Councilmember Rogers moved to find the bids from American LaFrance Northwest and from U.S. Fire Equipment as unresponsive for providing incomplete bid submittals and for failure to meet the bid specifications as set forth above and, further, to authorize the Mayor to sign a contract with Hughes Fire Equipment for a 1 OO-foot aerial platform and associated equipment in the amount 0($863,409.82, including sales tax. Councilmember Munro seconded the motion, which carried unanimously. Deputy Mayor Braun recessed the meetmg for a break at 7'17 pm The meetmg reconvened at 7.31 p.m Farmers Market Appeal The CouncIl agreed to conduct a speCIal meetmg on Monday, December 5, 2005, at 600 pm., to hear a closed record appeal on the Farmers Market CondItIonal Use PermIt Manager Madsen cautIOned the CouncIl to refram from dISCUSSIOns on the matter 1 ResolutlOn Setting a Pubhc Hearing - STV 05-05 - Gardiner - 2nd Street East of Alder Plannmg Manager Roberds reVIewed the proposed street vacatIon for a portIOn of 2nd Street located east of vacated Alder Street She asked that the CouncIl pass the ResolutIon settIng a pubhc hearmg for January 17, 2006 Deputy Mayor Braun read the ResolutIon by tItle, entItled, - 3 - 5750 CITY COUNCIL MEETING November 15, 2005 RESOLUTIONS: (Cont'd) ResolutIon SettIng a PublIc Hearmg - STY 05-05 - Gardmer - 2nd Street East of Alder Resolution No. 22-05 (Cont'd) PUBLIC HEARINGS - QUASI-JUDICIAL: Rezone REZ 05-02 - CIty of Port Angeles Ordinance No. 3222 RESOLUTION NO. 22-05 A RESOLUTION of the City CouncIl of the City of Port Angeles, Washmgton, settIng a hearmg date of January 17, 2006, for a petItIon to vacate a portion of Second Street located east of vacated Alder Street, m Port Angeles, Clallam County, Washmgton. e Councilmember Pittis moved to pass the Resolution as read by title. The motion was seconded by Council member Williams and carried unanimously. Rezone REZ 05-02 - CIty of Port Angeles Contmue ConsIderatIOn of the Rezone of Recently Annexed PropertIes (Connnued from October 18, 2005 & November 1, 2005) Prmclpal Planner West presented the Issue of the remammg acreage under conSideratIon for a rezone, nottng that staff was directed to obtam additIonal mformatIon and prepare fmdmgs and conclUSIOns for a Commercial Shoppmg DistrIct deSignatIon He reiterated that the Plannmg ConnmsslOn had approved a Commercial Artenal zone With an access road, and staff had recommended a Commercial Neighborhood zone Planner West summanzed mformatlOn prOVided m that the CN zone would allow for 42 uses compared to the 17 uses allowed under County zomng The CSD zomng would allow 47 uses The CA zonmg would result m 81 uses, many of whtch would be htgher m mtenslty. Letters from the Pattersons and from Mike Libera were proVided to the COunCIl. Bnef diSCUSSIon ensued, after whtch Deputy Mayor Braun opened the pubhc heanng at 7.44 p m. Kenneth Patterson, 31 Benson Road, prevIously subrmtted a letter to the CouncIl However, because hts neIghbor, Tammy Rathff, could not attend tills evenmg's meetmg, he read to the CouncIl an e-maIl she sent whtch emphaSIZed a focus on the desrre to have a CommercIal Artenal zone, as It has been requested by those propertIes drrecdy affected by the annexatIon She felt the CA zone was a logIcal step m a hnear step-down approach Mike LIbera, 616 Power Plant Road, encouraged the CouncIl to give strong consIderatIOn to a CommerCial Artenal zone for the most useful, compatIble, and logIcal approach He felt It rmportant to have the highest and best use of the land, and he felt It was logical because HIghway lOlls an artenal Councllmember PlttlS mqUlred of Mr Libera as to what he envlSloned m the next fifteen years Mr Libera felt the area was expenencmg the most growth m town, resulttng m a growmg demand on the streets because of more busmesses and employment. He also felt there would be slgmficant Impact With the removal of the dams, and there would be a need for reSidentIal htgh density. A. J. Rathff, 50 Benson Road, was unfarmhar With all of the zones, but he felt It would be best If everyone got what they wanted m terms of zonmg. He felt the reSidents should get what they want smce It may be the key to therr future, and he wanted the CouncIl to know that therr deCISion could affect the resIdents' finanCIal mterests There bemg no further testtmony, Deputy Mayor Braun closed the pubhc heanng at 7 54 p.rn. Planner West rermnded the CouncIl that the zonmg deSIgnatIon IS only mtended for ten _ to twenty years, after whtch trme the matter could be reVIsIted He felt the change m ,., mtensIty would be qUite drastIc m advancmg from 17 to 82 uses, and he felt that the neighborhood zone would be most compattble WIth the sUIToundmg reSIdences He - 4- e PUBLIC HEARINGS - QUASI-JUDICIAL: (Cont'd) Rezone REZ 05-02 - CIty of Port Angeles Ordinance No. 3222 (Cont'd) PUBLIC HEARINGS - OTHER: Second PublIc Heanng - ApplIcatIOn for Commumty Development Block Grant (CDBG) General Purpose Grant Resolution No. 23-05 Resolution No. 24-05 e CITY COUNCIL MEETING November 15,2005 5751 then answered questIons posed by the CouncIl Lengthy dIscussIOn followed on the possIble lack of compatIbIlIty Wlth the reSIdences, such as a car dealersmp Wlth a great deal of lIghtIng. Respondmg to Councllmember Braun, Planner West mdlcated that future zomng consIderatIOns would mvolve a reVIew of all of the needs to detenmne conSIstency. Manager Madsen added that, at thIS pomt m tIme, the southerly boundary IS also the southern boundary of the CIty'S UGA, so the propertIes to the south are currently m the County and are urban low densIty The CIty'S actIons Wlll, therefore, have an lIDpact on those remalmng reSIdentIal areas, and the rezone process does not mc1ude dIScuSSIon on a change m the boundary Councllmember Munro quened as to whether adjommg County resIdents were aware ofthe CIty'S rezone conSIderatIon, and Planner West responded that those reSIdents had access to the legal publIcatIOns In the dISCUSSIon that followed on the Impacts of the zonmg selected, Planner West mdlcated the mtenslty of a CommercIal Artenal zone would be a dramatIc dIfference from the traffic generated by a CommerCIal NeIghborhood zone, and Councdmember Munro asked If the CIty has the optIOn of requmng prospectIve buyers to restrIct flow to HIghway 101 Planner West responded the CIty would attempt to rectIfy those types of problems before Issumg a penmt Manager Madsen stated tins was part ofthe SEP A process, but It IS dIfficult to condItIon zonmg The mdlvldual CouncIlmembers expressed theIr opImons on the zonmg optIons and theIr preferences as to the outcome Followmg further bnef dISCUSSIon, Councilmember Rogers moved to approve a zoning designation of Commercial Shopping District for the remaining acreage in the in the newly annexed area in the Southwest Urban Growth Area. Councilmember Williams seconded the motion, which carried 4 - 2, with Deputy Mayor Braun and Councilmembers Williams, Rogers, and Munro voting in favor of the motion, and Councilmembers Erickson and Pittis voting in opposition. Deputy Mayor Braun read the ordmance by tItle, entItled ORDINANCE NO 3222 AN ORDINANCE of the CIty of Port Angeles, Washmgton, rezomng a newly annexed area m the Southwest Urban Growth Area south ofU S HIghway 101 west of Gakm Road to CommercIal Shoppmg DIStrICt (CSD) Councilmember Rogers moved to adopt the Ordinance as read by title, citing Findings 1 - 20 and Conclusions 1 - 8. The motion, which was seconded by Councilmember Munro, carried 4 - 2 with Deputy Mayor Braun and Councilmembers Williams, Rogers, and Munro voting in favor ofthe motion, and Councilmembers Erickson and Pittis voting in opposition. CouncIlmember PIttIS asked that staff meet WIth the area reSIdents to dISCUSS the property owners' optIOns 3 Second Publtc Hearzng to ConSider AppltcatlOn for Commumty Development Block Grant (CDBG) General Purpose Grant (Contznued from November 1, 2005) Deputy Mayor Braun opened the publIc hearmg at 8'29 p m Margaret Maxwell, 817 W 15th Street, was present as a representatIve of the North OlympIC RegIOnal Housmg Network, WhICh IS a coalItIon of affordable housmg prOVIders. She encouraged the CounCIl to pass the two ResolutIOns bemg conSIdered thIS evenmg m conjunctIon Wlth the CDBG Grant applIcatIon Ms Maxwell mdlcated the need to save the 56 umts ofhousmg at WIldwood Terrace from gomg to market rate IS very real, as those households would be m danger ofbecommg homeless If the CIty and the Housmg Authonty dIdn't work together on the project She commended the work of Pam Tietz and the Housmg Authonty for the grant wntmg, as well as the capacity of the Housmg Authonty to carry out the project - 5 - 5752 CITY COUNCIL MEETING November 15, 2005 PUBLIC HEARINGS - OTHER: (Cont'd) Second Pubhc Heanng - ApphcatIon for Commumty Development Block Grant (CDBG) General Purpose Grant Resolution No. 23-05 Resolution No. 24-05 (Cont'd) 2006 Budget Heanng Peter RIpley, 114 E. 6th, #102, a member of the Housmg Authonty ComnussIOn, encouraged the CouncIl to approve the ResolutIons to aSSIst the reSIdents ofW Ildwood Terrace. e There bemg no further testImony, Deputy Mayor Braun closed the pubhc heanng at 8.32 p m He read the ftrst ResolutIon by tItle, entItled RESOLUTION NO 23-05 A RESOLUTION of the CIty CouncIl of the CIty of Port Angeles, Washmgton, authonzmg subrmssIOn of an apphcatIon for a general purpose Commumty Development Block Grant and comnuttlng to comply WIth all requrred regulatIons. Councilmember Rogers moved to pass the Resolution as read by title. The motion was seconded by Councilmember Pittis. Bnef dIScussIon followed regardmg the CIty'S comnutment to housmg for low and moderate mcome reSIdents m partnershIp WIth the Housmg Authonty A vote was taken on the motion, which carried unanimously. Deputy Mayor Braun read the second ResolutIon by tItle, entItled RESOLUTION NO 24-05 A RESOLUTION of the CIty CouncIl of the CIty of Port Angeles, Washmgton, updatmg a Complamt Response Procedure regardmg the adrmrnstratIon and ImplementatIon of proJects funded by the Commumty Development Block Grant Program Councilmember Pittis moved to pass the Resolution as read by title. Councilmember Williams seconded the motion, which carried unanimously. J 2006 Budget Hearmg Fmance Drrector ZIOmkowSkt made a PowerPomt presentatIOn on the 2006 Budget, focusmg on the expendIture portIon of the Budget She revIewed the major efforts m 2005 and noted the 2006 Budget IS balanced and IS supported by $7 3 rmlhon or 7% from reserves The prehrmnary budget IS almost $106 rmlhon Drrector ZIOmkowSkt revIewed the vanous fund types, changes to the 2006 Budget as compared to the 2005 Budget, a personnel summary, vehtcle and eqUIpment replacements, as well as posItlons and projects that were requested but not mcluded m the budget She summanzed the CapItal Improvement Program, CFP - Utlhtles, and last mmute changes to the Budget resultmg m a reductIOn of $2,357,547 She added that other changes may be forthcommg. Drrector ZlOmkowskI then summanzed the General Fund and the General Fund reserves DIScussIon focused on the Street Fund, the possIbIhty of domg addItlonal chtp overlay, and the need for a plan for street and alley overlays It was noted the CIty presently receIves a smaller amount of gas taxes as compared to the past Deputy Mayor Braun opened the pubhc heanng at 9.21 P m Gary Gleason, 2211 E 7th Ave, reflected on the preVIOUS dISCUSSIon as to CIty and County zomng rrnpacts on each other and, as Temporary Charr of the County Plannmg ComnussIOn, he mdIcated consIderatlon was bemg gIVen to a Jomt meetlng to dISCUSS that very Issue. Mr Gleason then drrected comments to Clallam TranSIt and the Gateway ProJect, emphasIZmg the rrnportance of TranSIt m gettmg bIkers and pedestnans back to therr automobIles He asked that securIty be proVIded at the parkmg facIhty Mr Gleason noted the lack of contmUIty m marketmg efforts for the TraIl, and he asked the CIty CouncIl to prOVIde the necessary leadershtp m developmg e - 6 - 2006 Budget Heanng (Cont'd) e 2006 Property Tax Levy Ordinance No. 3223 Break Contmue Meetmg Beyond 10.00 p m ORDINANCES NOT REQUIRING PUBLIC HEARINGS: e Amendment to Ordmance No 3200 Ordinance No. 3224 CITY COUNCIL MEETING November 15, 2005 5753 a coordmated sales effort WIth respectIve government agencIes m order to aVOId a fragmented approach. He felt there IS a need for a comprehensIve plan so hotels/motels, etc , are lIsted m one place wIth accompanymg maps In a couple of years, the TraIl WIll mvolve over 60 nnles, so Mr Gleason felt the CIty had the necessary lead trme to appropnately plan a marketIng effort Followmg bnef dIScussIon, Deputy Mayor Braun asked Mr. Gleason to provIde the CIty wIth an outlIne as to what he envlSloned m thIs regard Peter RIpley, 114 E 6th, #102, thanked the CouncIl for the chIp seal and curb cuts m hIs neIghborhood He pomted out that the area at Marme Dnve, Cedar Street up to Pme HIll, IS also m need of curb cuts. Paul Lamoureux, 602 WhIdby, asked about vanous components of the Budget m terms of overlays and alleys, he spoke m support of LIDS for fundmg the pavmg of alleys Drrector Cutler mdIcated the CIty trIes to use avaIlable funds as leverage WIth property owners for that purpose There bemg no further testrmony, Deputy Mayor Braun contmued the publIc hearmg to December 6,2005. 2 2006 Property Tax Levy DIrector ZIOmkowskI reVIewed the Ordmance reqUIrements for the Property Tax Levy and dIscussed the calculatIon methodology for the regular levy as well as the speCIal leVIes based on debt payment Bnef dIScussIon followed, and correctIons needed to some of the figures m the Ordmance were noted Deputy Mayor Braun opened the publIc hearmg at 9 47 pm. There bemg no publIc testImony, he closed the publIc hearmg at 9:47 p.m. and read the Ordmance by tItle, entItled, ORDINANCE NO 3223 AN ORDINANCE of the CIty of Port Angeles, Washmgton, authorIZmg a 1 %, or $34,487, over the hIghest lawful levy for 2005, mcrease m the regular property tax levy plus any mcrease resultmg from new constructIon and other speCIfied mcreases m assessed valuatIOn, authonzmg a $60,000 tax refund levy, determmmg and fixmg the amount to be raIsed by ad valorem taxes for the fiscal year 2006, and dIrectmg the CIty Clerk to certIfy saId amount to the Board of Clallam County ComnussIOners Councilmember Pittis moved to adopt the Ordinance as read by title and as corrected. The motion was seconded by Councilmember Rogers and carried unanimously. Deputy Mayor Braun recessed the meetmg for a break at 9'42 pm The meetmg reconvened at 9:58 p m Councilmember Erickson moved to continue the meeting beyond 10:00 p.m. The motion was seconded by Councilmember Munro and carried unanimously. 1 Amendment to Ordinance No 3200 Clarifying Rebates for FIre Sprmkler Fees and Amending BUIlding PermIt Fees Planmng Manager Roberds presented mformatIOn relatIve to the preVIOUS adoptIon of Ordmance No. 3200, amendmg bUIldmg perrmt fees to allow credIts for frre sprmkler systems An amendmg Ordmance has been subnntted m order to remedy faulty calculatIOns for the fees and to clanfy the rebate Ms Roberds offered a rmnor change - 7 - 5754 CITY COUNCIL MEETING November 15, 2005 ORDINANCES NOT REQUIRING PUBLIC HEARINGS: (Cont'd) Amendment to Ordmance No 3200 Ordinance No. 3224 (Cont'd) WaterlWastewater Rate Adjustments m Ordmance language on Page 2, Paragraph l' "An apphcant for a bUlldmg pernnt shall have a $500.00 credit apphed agamst the base fees when a fIre spnnkler system approved by the FIre Department is voluntanly mstalled m a smgle farmly residence or duplex Withm the City, not to exceed the base pernnt fee" Bnef discusslOn ensued, and Plannmg Manager Roberds and Fire CmefMcKeen provided further clanfIcatlOn to the Councd Ms Roberds mdicated that the fees m the pnor Ordmance had not been unposed, so she asked that the Ordmance be adopted tms evenmg followmg a waiver of the second readmg and, further, that the Ordmance become effective immediately e Deputy Mayor Braun read the Ordmance by title, entitled ORDINANCE NO 3224 AN ORDINANCE of the City of Port Angeles, Washmgton, amendmg Port Angeles Municipal Code 3 70 080 relatmg to bUlldmg, mechamcal, and plumbmg pernnt fees Councilmember Williams moved to waive the second reading of the Ordinance. Councilmember Pittis seconded the motion, which carried unanimously. Councilmember Williams moved to adopt the Ordinance as read by title and as amended, to become effective immediately. The motion was seconded by Councilmember Pittis and carried unanimously. 4 Water I Wastewater Rate Adjustments Duector Cutler mtroduced the matter of proposed water/wastewater rate adjustments He recommended the pubhc hearmg be held and then contmued to the Councd meetmg of December 6, 2005, at wmch tune the Councd Will be asked to waive the second readmg and proceed to adoptlOn Director Cutler mtroduced Angle Sanchez V imoche, HDR, who was present to subrmt a PowerPomt presentation on the rate study results Ms. Vrmoche provided an m-depth reVleW of the rate settmg process and previOUS studies, the last ofwmch was completed m 2002 and revealed a projected 29% mcrease that would be reqUlred by 2006. PreviOUS rate adjustments mcluded 4% m 2003, 4% m 2004, and 3% m 2005 Approxunately $1 rmlhon of reserves supplemented the revenue defICiency. After reviewmg the key factors m the rate study, Ms Vrmoche summanzed the water revenue requuements, key assumptions m the water rate designs, and the proposed water rates. She noted that the average reSidential customer would mcur a monthly mcrease of$4 67 for 790 cubiC feet of water. She then provided an overview of montWy water bdl compansons With other municipahtIes Ms Vlmoche concluded that the rates are msuffIcient for the test penod, and that a rate mcrease for 2006 would be requIred. She added that addItional future adjustments wdl be requIred, and the projected adjustments Will be revIsIted annually Ms Vrmoche then provIded Information relative to the wastewater rate adjustments, emphasIZmg there were no rate adjustments for the penod 2003 - 2005, but the 2005 CSO 5.5% rate mcrease was clearly an unfunded mandate She adVIsed the CouncIl that, of the $28 6 rmllIon wastewater capItal expendItures scheduled for 2006 - 2011, $188 rmllIon relates to CSO projects. Ms Vrmoche summarized the CSO revenue requuements, capltal1mprovement projects planned, as well as the key assumptions for the rate deSIgns She revIewed m depth the proposed rates for wastewater, mdlcatmg the Wastewater/CSO combmed monthly mcrease for 2006 would be $3 7S She then proVided a monthly bdl companson With other mumclpahtIes DIscussiOn followed regardmg system development charges and what water would cost If the rate _ stabilIZation fund hadn't been utdIZed. _ Deputy Mayor Braun opened the pubhc heanng at 10.48 p.m - 8 - Water/Wastewater Rate Adjustments (Cont'd) e OTHER CONSIDERATIONS: CIty/WSDOT RecIprocal MaIntenance Agreement ORDINANCES NOT REQUIRING PUBLIC HEARINGS: OrdInance RegulatIng Use of CompreSSIOn Brakes FINANCE: (Cont'd) CIty/PUD Wholesale Water Contract ExtensIOn Stormwater Phase II Grant ApplIcatIOn CONSENT AGENDA: CITY COUNCIL COMMITTEE REPORTS: INFORMATION: e CITY COUNCIL MEETING November 15,2005 5755 Paul Lamoureux, 602 WhIdby, engaged In a dISCUSSIon With Ms VIrnoche as to whether consIderatIon had been gIven to tIered rates for water He then read to the CouncIl a proclamatIon on water rates, proposIng a base rate at 1000 CUbIC feet There beIng no further publIc testImony, Deputy Mayor Braun contInued the publIc hearIng to December 6, 2005 1 CIty I Washzngton State Department of TransportatIOn (WSDOT) ReCiprocal Mmntenance Agreement DIrector Cutler bnefly reVIewed the ReCIprocal MaIntenance Agreement WIth the WashIngton State Department of TransportatIon for road maIntenance and repaIr servIces. Councilmember Munro moved to authorize the Public Works & Utilities Director to sign an Agreement with the Washington State Department of Transportation for road maintenance and repair services. Councilmember Williams seconded the motion, which carried unanimously. 3 Ordznance Regulatzng Use of CompressIOn Brakes WIthdrawn.fro~ ~genda pendIng dIscussIOn With the truckIng Industry 5 CltylPUD Wholesale Water Contract ExtenSIOn DIrector Cutler explaIned that CIty and PUD staff members have been negotIatIng a new wholesale water contract Because the negotIatIOns are stIll m process, an extenSIOn IS needed to March 31, 2006 The extenSIOn would mclude an adjustment to the rates effectIve January 1,2006 Councilmember Williams moved to extend the term of the current wholesale water contract with Clallam PUD #1 until March 31, 2006, and adjust the rates effective January 1, 2006, equal to the same percentage increase as other classes of customers, and authorize the City Manager to sign the contract extension. The motion was seconded by Councilmember Erickson and carried unanimously. 6 Stormwater Phase II Grant Apphcatzon InformatIOn only. Councilmember Erickson moved to accept the Consent Agenda, to include: 1) City CouncIl MInutes of November 1,2005; 2) ExpendIture Report - November 14, 2005 - $1,846,873 17; 3 ) ElectrOnIC Payments - November 4,2005 - $117,574 00,4 ) AppOIntments to Port Angeles Forward Conumttee, and 5) Surplus VehIcles and EqUIpment Councilmember Rogers seconded the motion, which carried unanimously. None. Manager Madsen referenced the news release on the matter of speed lumts on HIghway 101 West, as CItIzens had expressed concern WIth the pOSSIbIlIty of a reduced speed Inmt on a permanent baSIS CouncIlmember PIttIS noted that WSDOT must fIrst approve any changes to the speed lumt CouncIlmember Munro met With Rotary Club leaders on the fInanCial condItIon of the - 9 - 5756 ; , CITy'COUNCIL MEETING November 15, 2005 INFORMATION: (Cont'd) EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: Skate Park, a project that was sponsored by the Club Because the project has stIll not been fully funded, Councllmember Munro asked for a larger contnbutlOn to the Park from the CIty Followmg dISCUSSIon, It was agreed the matter would be consIdered by staff and the Fmance COmmlttee who would formulate a recommendatlOn e Based on mput from Attorney Bloor, Deputy Mayor Braun announced the need for an ExecutIve SeSSIOn for approxImately 30 mmutes under the authonty of RCW 4230.140(4) collectIve bargallllllg, and 42.30.110(1) subsectIons (b) real estate, (g) personnel performance, and (1) potentIal htIgatIon No actIon was antIcIpated The Executive SeSSIOn convened at 11.20 p m and, at 11.50 pm, the ExecutIve SeSSIOn was extended for an addltIOnal50 mmutes by announcement of the Deputy Mayor The ExecutIve SeSSIOn concluded at 12.40 am, and the Councll convened m regular open seSSIOn No actlOn was taken The meetIng was adjourned at 12.40 am e - 10- Exhibit "A" 5757 CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF THE CATHLEEN ESTATES PRELIMINARY SUBDIVISION' ConditIOns: 1. An engmeered stormwater plan shall be submItted for approval to the CIty PublIc Works and UtilIties Department. Stormwater shall be handled wIthm the SIte in an approved manner and shall be connected to stormwater Improvements m the Milwaukee Drive stormwater system. Stormwater Improvements shall be mstalled per the CIty'S Urban ServIces Standards and Guidelmes pnor to final plat approval 2. The mterior street shall be identified as "Cathleen Street" and shall culmmate m a cul-de-sac as shown on the prelImmary drawmg. The street shall be constructed as approved by the CIty to, at mmImum, Improved low Impact development standards. If intenor streets are bUIlt to suburban low impact development standards, and are less than 36 feet m total WIdth, sIgnage shall be placed on the mterior street at the developer's expense mdIcatmg that on-street parkmg IS prohIbIted along both sides of the streets. SIgnage shall be placed as directed by the City. 3. Fire hydrants shall be placed and spaced as required by the City's Fire Department to a maXImum 1000' of separatIOn dIstance and wording shall be placed on the final plat wIth a recordmg wIth the County Auditor mdIcatmg that all residences shall be fitted with reSIdential spnnkler systems prior to occupancy. 4. UtilIty servIce to the subdIVIsion shall be underground. A 10' utilIty easement shall be provIded along the frontage of the lots abuttmg Cathleen Street. 5. Water service shall be extended to the lots as reqUIred by the PublIc Works and UtilIties Department pnor to final plat approval. 6. SanItary sewer shall be extended to the new lots as reqUIred by the Public Works and UtilIties Department from West 10th Street. 7. BUIldmg setback areas shall be IdentIfied on the final plat and address numbers placed on the lots. Address numbers are as follow: Lot (1) 1002; (2) 1006; (3) 1010; (4) 1014; (5) 1104; (6) 1108; (7) 1109; (8) 1105; (9) 1015; (10) 1011, (11) 1007; and (12) 1003. 8. The final plat shallmdIcate that the WIlliam R. FairchIld InternatIOnal Airport is located m the vicimty and that ongomg airport operations exist. 9. Each lot wIthin the subdiVISIOn shall be subject to The Estates at MIlwaukee Developer's ReImbursement Agreement for previous utilIty and roadway improvements m the area. Fmdmgs: 1. PrelIminary approval is for the 12-umt subdIVISIon submItted by ZenOVIC and ASSOCIates on September 8, 2005, for New View/JeffPnest, Identified as bemg Suburban Lot 55 less the westerly 5 acres thereof and located between "N" Street and Milwaukee Drive on West 10th Street. The SIte IS approxImately 3.38 acres m size and IS rectangular in configuratIOn. 5758 ConditIOns, Fzndzngs, and ConclusIOns Cathleen Estates November 15, 2006 Page 2 2 The subject property IS IdentIfied by the Port Angeles Zomng Map as Smgle FamIly ResidentIal (RS-9) WhICh allows a densIty of up to 7 umts per acre. The proposed drawmg mdlcates that each lot m the proposed subdIvIsIOn will be at least 9,000 square feet m area. 3. Chapter 16.08 ofthe Port Angeles Mumclpal Code (P AMC) sets forth local requirements for the approval of subdIvIsions and SectIOn 16.08.050(B)(l) P AMC provIdes that the Plannmg CommIssIOn shall examme the proposed plat, along wIth wntten recommendatIOns of the CIty Departments, and shall eIther approve or dIsapprove the submIttal. A recommendatIOn thereon shall be forwarded to the City CouncIl wlthm a period of90 days after a prelImmary plat has been submitted to the City Plannmg Department. The CIty CouncIl shall either approve or disapprove the proposed prelIminary plat at a public meetmg. 4. The RevIsed Code ofWashmgtonRCW 58 17 contains the State's gUIdelines for the uniform dIvIsIOn ofland wIthm the State. SectIon 58.17.110 reqUIres a city to inqUIre mto the publIc use and mterest proposed to be served by the establIshment of a subdIvision and determme If appropnate provIsIOns are made for, but not lImIted to, the publIc health, safety, and general welfare, for open spaces, dramage ways, streets or roads, alleys and other publIc ways, transIt stops, potable water supplIes, sanitary wastes, parks and recreatIon, playgrounds, and schools and shall consIder all other relevant facts mcludmg sidewalks and other planmng features that assure safe walkmg 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 wntten findmgs that these provIsIOns are made. 5 The Port Angeles PublIc Works and UtIlItIes Department, Parks and RecreatIon, and FIre Departments reviewed the proposed subdIvISIOn. TheIr comments and specIfic condItIons have been mcorporated m the Department's recommendatIOn. Water, power, garbage pIckup, telecommumcatIOns, sewer, stormwater, and emergency servIces are aVailable wIthm the area and will be provIded through condItIons to the prelImmary plat. 6. The subject property IS Identified as Low DensIty ReSIdentIal (LDR) on the Port Angeles ComprehensIve Plan land use map and IS located m the CIty'S Northwest Plannmg RegIOn. 7 The ComprehensIve Plan reqUIres concurrency at the tIme of development for streets, water servIce, samtary sewer service, and electncal servIce (CapItal FaCIlItIes Element PolIcy A.9) and should reqUIre concurrency at the tIme of development for solId waste collectIon, stormwater management, telecommumcatIOns servIce, and emergency service (CapItal FaCIlItIes Element PolIcy AIO). The proposal has been reVIewed WIth respect to the ComprehensIve Plan and the followmg ComprehensIve Plan polIcIes are relevant to the proposal' Growth Management Element Goal A; Land Use Element Goal A, Policy A2, Goal B, PolIcy B.l, B.2, B.3, and B 4, Goal C; Transportation Element Goal A, PolIcy A3, A6, B.I 0, B.ll, B.14, and B.18; UtIlItIes and Public ServIces Element Policy C.2; CapItal FacilItIes Element Goal A, B, PolIcy B.I, B.3, BA, B.5, B 6, B.7, C.2, C.3, CA, and C .5. CondlllOns, Fmdmgs, and ConclusIOns Cathleen Estates November 15, 2006 Page 3 5759 8 The purpose ofthe City's RS-9, ResIdential Smgle FamIly zone IS a low densIty resIdential zone mtended to create and preserve urban single family residential neighborhoods consIstmg ofpredommantly smgle famIly homes on larger than standard TownsIte-sIze lots. Uses that are compatible wIth and functIOnally related to a single famIly resIdential envIronment may be located in thIS zone. Because of land use Impacts assocIated wIth nonresIdential uses, few nonresIdential uses are allowed in thIS zone and then only condItIOnally. ThIS zone provIdes for a vanety m the urban land use pattern for the CIty'S smgle famIly resIdential neIghborhoods, followmg a curvIlmear street system of non through publIc and pnvate streets wIth Irregularly shaped lots, mInImum 75-foot front lot lInes, and 60-foot nghts-of-way for collector artenal streets m large rectangular blocks and usually located m outlymg areas wIth large tracts of vacant bUIldable land 9. The site IS currently served by West 10th Street from "N" Street. Access streets are improved to low Impact development standards. "N" Street IS a collector artenal and a designated school walkmg route but IS not a desIgnated bIcycle route. The CIty'S Urban ServIces and Guidelines Standards (SectIOn 3G.l 00 Street Trees and Landscapmg) states that street trees shall be planted on artenal streets m the City and m other specIfied areas. RIght- of-way dedIcation along West 10th Street IS not reqUIred due to prevIOUS development m the area. Each lot wIthin the subdIVIsIOn shall be subject to The Estates at MIlwaukee SubdIVisIOn Development Reimbursement Agreement for previous utIlIty Improvements m the area. 10. The City's low Impact development standards for suburban areas were adopted m 2003 wIth the restnctIOn that subdIVisIOns developed under the reduced standards would not allow for on-street parkmg. SIte development and design for reSIdential lots developed under the lower Impact standards need to accommodate resident parkmg and VIsItor parkmg on-SIte. 11 The proposal was revIewed wIth regard to the City's Subdivision Ordmance (SectIOn 16.08 P AMC) WhICh proVIdes specIfic desIgn standards whIch are expected of subdIvisIOns wIthm the CIty limIts while the City's Urban ServIces Standards and Guidelmes indIcates that street trees should be planted along artenal streets and provides guidance for such placement and tree speCIes. The desIgn standards Identified m SectIOn 16.08.060 F P AMC state that street trees are a protection agamst exceSSIve heat and glare and enhance the attractiveness and value of abuttmg property. The City wIll assIst the subdIVIder m location oftrees and speCIes to use under varyIng condItIOns. It IS recommended that trees be planted inside the property lInes where they are less subject to mJury, decrease the chance of motor aCCIdents and enJoy more favorable conditions for growth. Iftrees are to be planted withm a plantmg stnp in the right-of-way, their proposed locations and species to be used are to be Sl:lbmItted for reVIew and approval by the City ., 12. There are no environmentally senSItIve areas on the SIte. The site slopes to the northwest The site is not consIdered a frequently flooded area and IS not lIsted on the Federal Emergency Management Act (FEMA) maps WhICh denote those areas that are withm 100- year flood areas. ConditIOns, Fmdmgs, and ConclusIOns Cathleen Estates November 15, 2006 Page 4 5760 13. The owner of a construction sIte WhIch dISturbs a total of five acres or more of land area that has a discharge of stormwater to a surface water or storm sewer system must apply to the State Department of Ecology for a General PermIt for Stormwater DIscharge Associated wIth ConstructIon ActIVIties. The proposed sIte IS 3.38 acres in area. 14. Bmldmg permits are required for all structures wIthm the subdIVIsion. All local bmldmg and FIre Codes shall be complIed wIth dunng constructIOn indudmg reSIdentIal sprinkler systems. 15. 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 DIstnct prOVIdes school bus pIck-up for students at HamIlton Elementary School and Stevens MIddle School at 12th and "N" Streets. 16. The CIty'S Parks Department responded that they are aware of the prelImmary proposal and do not belIeve the level of servIce for the area will be hampered as a result of the development. The CIty'S LOS for parks and recreational servIces IS 1/3 acre for 1,000 populatIOn. An undeveloped wooded property donated to the CIty for a park use IS located less than 1/4 mile east of the subject SIte along "N" Street. The nearest publIc playground area IS located approxImately three-quarters of a mile north (Crown Park) or one mIle southeast (Lmcoln Park). 17. The site WIll be serviced by the CIty'S PolIce, Fire, and PublIc Works Departments. All utIlItIes induding potable water, sanitary waste, and refuse collectIon are aVailable m the area. Transit service IS aVailable along "N" Street east of the SIte. 18. The City's State Envlfonmental PolIcy Act (SEPA) OfficIal Issued a DetermmatIon of NonsIgmficance for the prelImmary subdIVIsIon on October 28,2005, therefore satisfymg the CIty'S responsIbIlIty under the Act. 19. The William R. FairchIld InternatIOnal AIrpOrt IS located south of the site. Port of Port Angeles staffhas been notIfied ofthe proposed subdIVIsIOn proposal and per agreement wIth the Port, It IS expected that those who purchase properties m the final subdIVIsIon wIll be aware of the existmg on-gomg airport operatIOn 20. The Plannmg CommIssion's declSlon IS a recommendation to the City CounCIl. The CommISSIon acts as the CIty'S heanng body for preliminary subdivision approval. Reports are advisory only to ensure conformance ofthe proposed subdivisIOn to the general purposes of the CIty'S ComprehensIve Plan and to planning standards and speCIficatIOns adopted by the CIty. 21. Property owners wIthm 300 feet of the proposed subdIVIsIOn were mailed notIce of the proposal on September 23, 2005. The property was posted on September 23, 2005, and publIcatIon appeared in the Penznsula Dazly News on September 23, 2005. No wntten comments have been received. ConditIOns, Fzndzngs, and ConclusIOns Cathleen Estates November 15, 2006 Page 5 5761 ConclUSIOns: A. As condItIoned, the proposed subdIvIsIOn IS consistent wIth the Port Angeles ComprehensIve Plan, Zoning Code, and SubdivisIOn Ordmance Chapter 16.08 PAMC as well as wIth Chapter 58.17 RCW, the Washmgton State SubdIvIsion Act. B. As condItIoned, appropnate provlSlons have been made for the pubhc health, safety and general welfare and for such open spaces, dramage ways, streets or roads, alleys, other public ways, transit stops, potable water supphes, samtary wastes, parks and recreatIOn, playgrounds, schools and school grounds, SIdewalks and other plannmg features that assure safe walkmg condItIons for students who only walk to and from school. C As condItIoned, If improved low Impact development suburban street standards are used, signage educatmg resIdents and VIsItors as to the prohIbItIon of on-street parking WIll ensure that mtenor streets remain passable for pubhc safety sItuatIOns where on-street parkmg could prevent ease of passage for emergency vehIcles and SIght dIstance safety Issues. D. As condItIoned, the public mterest IS served m the plattmg OfthIS subdIvisIOn as artIculated m the CIty's ComprehensIve Plan, SubdIvIsion, and Zonmg Ordmances. The subdivlSlon provIdes for development of new homes wIthm the CIty of Port Angeles consIstent WIth the State of Washington Growth Management Act. Adopted by the Port Angeles CIty Council at ItS meeting of November 15,2005. (1 .~ ' v ~ 7' j.j. ~~... - RIchard A. Headnck, ayor &p~ .j~A Becky J. Up n, ty Cler