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HomeMy WebLinkAboutMinutes 11/21/2006 e CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PRESENTATIONS, CEREMONIAL MATTERS & PROCLAMATIONS: National American Indian Heritage Month WORK SESSION: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: e 5990 CITY COUNCIL MEETING Port Angeles, Washington November 21, 2006 Mayor Rogers called the regular meeting of the Port Angeles City Council to order at 6:04 p.m. Members Present: Mayor Rogers, Deputy Mayor Williams, Councilmembers Braun, Headrick, Munro, and Wharton. Members Absent: Councilmember Petersen. Staff Present: Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, T. Pierce, N. West, D Bellamente, B. Coons, L. Dunbar, B. Sterling, and S. Roberds. Public Present: C. Kidd, C. Bariel, J. Bariel, M. Wiley, D. Perry P. Lamoureux, Q. Boe, J. Moss, and T. Gudgal. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Braun. 1. Proclamation in Recognition of National American Indian Heritage Month: Mayor Rogers read the proclamation designating the month of November as National American Indian Heritage Month. She presented the proclamation to Liz Mueller, Jamestown S 'Klallam Tribe; and Frances Charles and John Miller, Lower Elwha Tribe. Mayor Rogers then extended birthday greetings to Councilmember Braun. None. Manager Madsen added discussion under the City Manager's Report, to include consideration of a possible special meeting. Paul Lamoureux, 602 Whidby, addressed the Council regarding his representation of a large portion ofthe community, the lack of credence given to his input, and his proposed increase in the at-large representation on the Utility Advisory Committee. Jim Jones, Jr., 2106 Seabreeze Place, spoke in support of the two Interlocal Agreements between the City and the County on the Eastern Urban Growth Area. He reported that both agreements were approved by the County Commissioners earlier in the day, and he was available to answer questions. Yvonne Bayuga, 912 Strait View Drive, a member of the Senior Center Board, thanked the Council for arranging the Qwest give-away of 425 land-line telephones to area senior citizens. - 1 - 5991 CITY COUNCIL MEETING November 21,2006 CITY COUNCIL COMMITTEE REPORTS: OTHER CONSIDERA nONS: City/County Eastern Urban Growth Area (EUGA) Sewer Interlocal Agreement and Revenue Sharing Agreement FINANCE: Laurel Street Sidewalk Project Funding Break OTHER CONSIDERA nONS: (Cont'd) Stephens Subdivision Mayor Rogers reported on the first "Community Conversations" held this past week with 14 in attendance and a variety of topics discussed. She felt future sessions will be very fruitful and enjoyable. e 1. & 2. City/County Eastern Urban Growth Area (EUGA) Sewer Interlocal Agreement and Revenue Sharing Agreement: Public Works & Utilities Director Cutler presented a summary ofthe proposed Interlocal Agreement with Clallam County for a sewer line in the Eastern Urban Growth Area. With the use of a PowerPoint slide, he showed a map reflecting the path for the sewer line, which is valued at $5 million for design, construction, and necessary easements. Director Cutler reviewed the significant provisions of the agreement as per the memorandum in the agenda packet, noting the County Commissioners had approved the agreement earlier in the day; He added that the Utility Advisory Committee had also endorsed approval of the agreement. Finance Director Ziomkowski then used PowerPoint slides to review the proposed revenue sharing agreement with Clallam County, providing background information, and the intent and design of the agreement, which she felt to be fair and equitable for both parties. Director Ziomkowski indicated that the community as a whole will benefit. She provided further information as relates to the definition of new business, and she discussed revenue sharing before and after annexation, as well as revenue allocations under the agreement. Discussion followed with Director Ziomkowski answering questions posed by the Council. At Mayor Rogers' request, Manager Madsen reviewed the agreement relative to no annexation taking place from last year for the next ten years, with a logical progression after that time of five areas before any other areas can be annexed. Following further brief discussion, Deputy Mayor Williams moved to authorize the Mayor to sign the Interlocal Agreement and the City Manager to negotiate minor modifications, if necessary, for the EUGA sewer line and, further, to authorize the Mayor to sign the Interlocal Cooperation Agreement on revenue sharing with the County, authorizing the City Manager to negotiate minor modifications if necessary. The motion was seconded by Councilmember Braun and, following brief discussion and supportive comments by the Council, a vote was taken on the motion, which carried unanimously. 1. Laurel Street Sidewalk Project Funding: At its meeting of October 3,2006, the City Council directed staff to proceed with a design to preserve a portion of the Port Angeles Underground on the west side of Laurel Street between Front and First Streets. The Council also asked staff to propose funding sources for the project. At this time, Director Ziomkowski summarized information on funding options for the Laurel Street Sidewalk Project, to include lodging tax funds, General Fund reserves, CIP reserves, and Real Estate Excise Tax 1 reserves. She answered questions posed by the Council, after which discussion followed with individual Councilmembers expressing their preferred options. Councilmember Headrick moved to fund a $60,000 match from lodging tax funds, a $17,818 annual payment from lodging tax funds, and a $16,704 annual payment from the Real Estate Excise Tax 1. The motion was seconded by Councilmember Braun. Following brief discussion and clarification, a vote was taken on the motion, which carried unanimously. Mayor Rogers'recessed the meeting for a break at 7:08 p.m. The meeting reconvened at 7:18 p.m. 3. Stephens Subdivision: e Principal Planner West presented information pertinent to the Stephens Preliminary Subdivision involving approximately 2.36 acres of land zoned RS-7 Residential Single Family at the southeast comer of Peabody and Viewcrest. Mayor Rogers noted this is a - 2 - - OTHER CONSIDERATIONS: (Cont'd) Stephens Subdivision (Cont'd) PUBLIC HEARINGS - OTHER: Sommers Street Vacation Ordinance No. 3259 e 2007 Budget, Property Tax Levy, Utility Fee Adjustments, and Recreational Fee Adjustments Ordinance No. 3260 Ordinance No. 3261 Ordinance No. 3262 5992 CITY COUNCIL MEETING November 21,2006 quasi-judicial matter, and Deputy Mayor Williams reported that something arrived in his Council box; he was uncertain if it was related to this matter. He added that he is a real estate agent, and he has no transactions involving this property. Manager Madsen clarified that, to his knowledge, all Councilmembers except Councilmember Wharton received an e-mail from a citizen on this matter while it was under consideration by the Planning Commission. He sent an e-mail notifying the Council this matter would be coming to the Council in a quasi-judicial forum, so the e-mail should be disregarded. Councilmember Wharton indicated she lives within 300 feet of the property, she received the legal notice, but she has no financial interest in the property. Mayor Rogers disclosed her husband is a real estate agent who has no vested interest in the area. Mr. West indicated that, during the public process, concern was expressed regarding the location of driveways for the three lots accessing onto Peabody Street, plus neighbors were concerned with traffic and the lack of sight at the crown of Peabody Street. However, it was determined that vehicle speeds are more of an issue than sight. Mr. West provided a correction to the staff memo in that there were nine conditions forwarded to the Council for consideration. Discussion ensued on such matters as possible traffic calming measures, a sidewalk being part of the proposal, and the opportunity for radar and traffic emphasis in the area. Councilmember Braun moved to adopt the recommendation of the Planning Commission to approve the preliminary subdivision application, citing Conditions 1 - 9, Findings 1 - 21, and Conclusions A _ E, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. The motion was seconded by Councilmember Wharton and carried unanimously. 1. Sommers Street Vacation: Principal Planner West reviewed the petition to vacate a portion of the Madrona/Hazel alley east ofFairmont Avenue. The right-of-way is approximately 160' in length and has never been developed. Compensation was set at $3.00 per sq. ft. The Planning Commission recommended approval. Mayor Rogers read the Ordinance by title, entitled ORDINANCE NO. 3259 AN ORDINANCE of the City ofPort Angeles, Washington, vacating a portion of the Madrona/Hazel alley right-of-way, Townsite of Port Angeles, Washington. Mayor Rogers opened the public hearing at 7:31 p.m. There being no public testimony, the public hearing was closed at 7 :31 p.m. Councilmember Headrick moved to waive the second reading of the Ordinance. Deputy Mayor Williams seconded the motion, which carried unanimously. Councilmember Headrick moved to adopt the Ordinance as read by title, citing Condition 1, Findings 1 - 10, and conclusions A - D, as set forth in Exhibit "B", which is attached to and becomes a part of these minutes. Councilmember Braun seconded the motion, which carried unanimously. 2. 2007 Budget, Property Tax Levy, Utility Fee Adjustments, and Recreational Fee Adjustments: Finance Director Ziomkowski indicated the public hearing this evening on the 2007 Budget should be continued to the December 5 City Council meeting at which time the Council could consider adoption of the Budget. Using PowerPoint slides, she provided an in-depth review of the $111 million budget, noting its ties to the goals set by the Council. The $111 million budget compares to a budget of$104,044,019 in 2006. She - 3 - 5993 CITY COUNCIL MEETING November 21,2006 PUBLIC HEARINGS - OTHER: (Cont'd) 2007 Budget, Property Tax Levy, Utility Fee Adjustments, and Recreational Fee Adjustments Ordinance No. 3260 Ordinance No. 3261 Ordinance No. 3262 (Cont'd) noted the budget is supported by $4.6 million or 4% from reserves, after which she reviewed in detail the budget by fund types, the increases in operating costs, the means by which the level of services will be maintained, and the major capital projects that are underway. Director Ziomkowski summarized staffing enhancements, as well as the budgeted expenses for each of the funds. She also reviewed changes made to the preliminary budget in the amount of $178,580. Discussion followed with Director Ziomkowski answering questions posed by the Council. It was agreed that essential services need to be identified, after which other services can be prioritized. e In keeping with the requirement to conduct a first reading of the Ordinance, Mayor Rogers read the Ordinance by title, entitled ; ORDINANCE NO. AN ORDINANCE of the City of Port Angeles amending the 2006 Budget, adopting the 2007 budget, and providing for a cost of living increase for certain city employees. Mayor Rogers opened the public hearing at 8:22 p.m. Jody Moss, Executive Director of United Way, 73 Bridge Lane, a County resident, thanked the Council for preserving health and human service funding, which serves as an investment in community. There being no further testimony, at 8:24 p.m., Mayor Rogers continued the public hearing to December 5th. Mayor Rogers announced the public hearing for the Property Tax Levy, as well as the proposed fee adjustments. She opened the public hearing at 8:24 p.m. There being no public testimony, she closed the public hearing at 8:24 p.m. Mayor Rogers read the Ordinance on the Property Tax Levy by title, entitled ORDINANCE NO. 3260 AN ORDINANCE of the City of Port Angeles, Washington, authorizing a I %, or $35,353, over the highest lawful levy for 2006, increase in the regular property tax levy plus any resulting from new construction, annexation, and other specified increases in assessed valuation determining and fixing the amount to be raised by ad valorem taxes for the fiscal year 2007, and directing the City Clerk to certify said amount to the Board of Clallam County Commissioners. Deputy Mayor Williams moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Braun and carried unanimously. Mayor Rogers read the Ordinance on Utility Fee Adjustments by title, entitled ORDINANCE NO. 3261 AN ORDINANCE of the City of Port Angeles, Washington, revising Light utility service fees and Public Works & Utility Department fees and deposits, and amending Chapter 3.70 of the Port Angeles Municipal Code. Deputy Mayor Williams moved to adopt the Ordinance as read by title. e Councilmember Munro seconded the motion, which carried unanimously. - 4 - PUBLIC HEARINGS - OTHER: (Cont'd) e 2007 Budget, Property Tax Levy, Utility Fee Adjustments, and Recreational Fee Adjustments Ordinance No. 3260 Ordinance No. 3261 Ordinance No. 3262 (Cont'd) Break Water Rate Study Presentation e CITY COUNCIL MEETING November 21, 2006 5994 Mayor Rogers read the Ordinance on Recreational Fee Adjustments by title, entitled ORDINANCE NO. 3262 AN ORDINANCE of the City of Port Angeles, Washington, revising Facility use fees and Parks and Recreation fees, and amending Chapter 3.70 of the Port Angeles Municipal Code. Councilmember Braun moved to adopt the Ordinance as read by title. Councilmember Wharton seconded the motion. Discussion ensued, and Mayor Rogers advised the Council that she and Councilmember Petersen had asked that a quarterly report be generated on revenues as compared to utilization so that the Council can study the data. Discussion was also held on the level and sufficiency of the increases. A vote was taken on the motion, with Mayor Rogers and Councilmembers Headrick, Braun, Wharton, and Munro voting in favor ofthe motion. There were no opposing votes. Deputy Mayor Williams noted that he remained quiet to protest the fees in the Ordinance, which he felt were not high enough. According to the Council's Rules of Procedure, when a Councilmember chooses to remain silent during a vote, that vote is counted asa "yes"~ Therefore, the motion passed 6 - O. Mayor Rogers recessed the meeting for a break at 8:37 p.m. The meeting reconvened at 8:48 p.m. 3. Water Rate Study Presentation: Power Resource Manager Dunbar used PowerPoint slides to make a presentation on the Water Rate Study Update and a recommendation for the Council's consideration, noting that the main need is for CFP-related project funding. Mr. Dunbar summarized the CFP Projects, ending fund balances and revenue requirements with and without rate adjustments, and the proposed rate adjustments. The Utility Advisory Committee asked staff to look at a rate design for water as well as other utilities, with a recommended annual review of all rates. Mr. Dunbar also reviewed some housekeeping changes incorporated into the Ordinance, which led to discussion about psi standard and possible pressure reduction devices associated with the need for affordable housing. The recommendation is for a rate adjustment as of January 1, 2007. In keeping with the requirement to conduct a first reading of the Ordinance, Mayor Rogers read the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, revising water service connection charges, water rates, developer reimbursement, and system development charge and amending Chapters 13.32, 13.44, 13.68 and 13.69 of the Port Angeles Municipal Code. Mayor Rogers opened the public hearing at 9: 15 p.m. Paul Lamoureux, 602 Whidby, a City resident, expressed concern that the rate adj ustments may not be for the betterment of the community. Water is a necessity of life, and he wondered if a majority of the residents will have any discretionary funds remaining. Mr. Lamoureux suggested that, when rates go up, there should be more value for the customer. He supported a tiered rate and was disappointed that no mention was made of conservation. Brief discussion ensued about the City's structure being based on cost of service; any other rate design would be a large shift in how the City sets its rates. There being no further testimony, at 9:24 p.m., Mayor Rogers continued the public hearing to December 5, 2006. - 5 - 5995 CITY COUNCIL MEETING November 21, 2006 PUBLIC HEARINGS - QUASI-JUDICIAL: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Purchasing Policy Ordinance Revising 'Medical Benefits for Management and Non- Represented Employees Ordinance No. 3263 RESOLUTIONS: FINANCE: (Cont'd) Surplus 2000 Gallon Convault Fuel Tank from Landfill City Hall Standby Power Revisions CONSENT AGENDA: None. 1. Purchasing Policy: e Director Ziornkowski asked that this agenda item be deferred to the December 5th City Council meeting. 2. Ordinance Revising Medical Benefits for Management and Non-Represented Employees: Manager Madsen provided background information on proposed revisions to medical plan coverage for Management and Non-Represented Employees. Human Resources Manager Coons indicated there is an Ordinance associated with the change, and cost sharing on the part of the employees would be reduced from 12% to 10%. He summarized the proposed change from the A WC Plan B to that of a Preferred Provider Option, for a $22,000 savings to the City. An advisory vote of impacted employees resulted in the PPO being favored as the preferred option. Mr. Coons summarized the attributes of the plan, noting the Finance Committee had forwarded a favorable recommendation to the Council. Discussion followed, and Mr. Coons responded to questions posed by the Council. Councilmember Headrick moved to waive the second reading ofthe Ordinance. The motion was seconded by Councilmember Braun and carried unanimously. Mayor Rogers read the Ordinance by title, entitled ORDINANCE NO. 3263 AN ORDINANCE of the City ofPort Angeles, Washington, revising the Benefits plan for the City's Management, Administrative, and Non-Represented Personnel and amending Ordinance 3219, as amended. Councilmember Braun moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Munro and carried unanimously. None. 2. . Surplus 2000 Gallon Con vault Fuel Tank from Landfill: Public Works & Utilities Director Cutler reviewed the need to dispose ofthe tank because of the Landfill closure; it is anticipated that the tank will be sold to Waste Connections for refueling their fleet of vehicles. Councilmember Munro moved to declare the tank surplus, and authorize the Director of Public Works & Utilities to dispose ofit in the most efficient manner. The motion was seconded by Councilmember Headrick and carried unanimously. 3. City Hall Standby Power Revisions, Project 06-41: Director Cutler summarized the situation where some of the City's computer servers aren't tied into the emergency generator system, something that was just recently discovered. Olympic Electric is being recommended for Phase I of the City Hall Standby Power Project. Following brief discussion, Councilmember Wharton moved to approve and authorize the Mayor to execute the contract for the City Hall Standby Power Revisions Project #06-41 with Olympic Electric in the amount of$21,441.52. Councilmember Braun seconded the motion, which carried unanimously. e Councilmember Munro moved to accept the Consent Agenda, to include: 1.) City Council Minutes dated November 7; 2.) "A" Street Substation Protective Relay - 6 - e e CONSENT AGENDA: (Cont'd) INFORMATION: EXECUTIVE SESSION: ADJOURNMENT: CITY COUNCIL MEETING November 21, 2006 5996 Replacement, Project 04-06; 3.) Appointment of Medic 1 Representative to Utility Advisory Committee; 4.) Surplus of Landfill Equipment - Set Public Hearing; and 5.) Expenditure Approval List: 10/28 -11/10 - $2,121,914.80. The motion was seconded by Councilmember Braun. A vote was taken on the motion, which carried 5 - 0, with Councilmember Headrick abstaining due to his absence from the Council meeting of November 7th. Manager Madsen referenced the meeting of November 8th regarding the Rayonier site remedial investigation which opened the public input and comment period. The City engaged a third party independent scientific group to evaluate the remedial investigation report with the goal of helping the City advise the Council on whether the clean-up is sufficient and is being carried out consistent with the protection of public health and the potential reuse of the site. A report has been drafted by the consultant, and it is important that staff meet with and advise the Council as to the remedial investigation needs for the community. Manager Madsen felt it important for the Council to be fully updated on the issue before the City's comments are submitted. He suggested a special City Council meeting prior to the deadline of December 1 st. In addition, there is a need for Executive Session on a matter of potential litigation. The Council agreed to set a special meeting for Tuesday, November 28,2006, at 5:00 p.m. None. The meeting was adjourned at 10:03 p.m. - 7 - A~~~. .1ApniL Becky J. Upt City erk Exhibit" A" 5997 CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF PRELIMINARY APPROVAL OF THE STEPHENS SUBDIVISION: Conditions: 1. The interior street shall be named and dedicated to the City, including a 20- foot wide travel surface and a 90- foot radius cul-de-sac and sidewalk constructed to City urban service standards prior to approval of the final plat. Signage shall be placed on the cul-de-sac indicating that street parking is prohibited. 2. Peabody Street and Viewcrest shall be improved to the City's urban arterial standards, including sidewalk. 3. Electric utility service shall be underground. A 10-foot utility easement shall be provided on private property adjacent to all streets. 4. Prior to final plat approval, water service shall be extended to the lots as required by the Public Works and Utilities pepartment with an 8 inch main. 5. Stormwater improvement plans shall be submitted to the Public Works and Utilities Department for review and approval per the City's Urban Services Standards and Guidelines and installed or bonded for prior to final plat approval. 6. Sanitary sewer shall be extended to the new lots as required by the Public Works and Utilities Department from Peabody Street to the unnamed cul-de-sac as shown on the preliminary plat. 7. Address numbers provided by the Building Division shall be placed on the plat. 8. All street improvements shall be made to Public Works and Utilities Department standards prior to final plat approval. 9. The design of Lots 3, 4, and 5 shall include driveway access located at the most northern locations on the lots to PubliG Works and Utilities design standards. Findings: 1. Chapter 16.08 of the Port Angeles Municipal Code (P AMC) sets forth local requirements for the approval of subdivisions. RCW 58.17. 2. The Revised Code of Waspington 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)(I) PAMC provides that the Planning Commission shall examine the proposed plat, along with written recommendations of the City Departments, and shall 5998 Conditions, findings, and conclusions - Stephens Subdivision November 21,2006 Page 2 either approve or disapprove the submittal. A recommendation thereon shall be forwarded to the City Council within a period of 90 days after a preliminary plat has been submitted to the City Planning Department. The City Council shall either approve or disapprove the proposed preliminary plat at a public meeting. 4. The Port Angeles Public Warks and Utilities, Light, Parks, and Fire Departments reviewed , the proposed subdivision. Their comments have been incorporated in the Department's recommendation. 5. Preliminary approval is based upon a drawing dated received October 17,2006 prepared by Zenovic and Associates. 6. The subject property is identified as Low Density Residential on the Port Angeles Comprehensive Plan land use map. 7. The proposal has been reviewed with respect to the Comprehensive Plan. The following Comprehensive Plan policies are found to be most relevant to the proposal: Growth Management Element Goal A; Land Use Element Goal A, Policy A.2, Goal B, Policy B.l, B.2, B.3, and BA, Goal C; Transportation Element Goal A, Policy A.3, A.6, and B.ll; Utilities and Public Services Element Policy C.2; Capital Facilities Element Goal A, B, PolicyB.l, B.3, BA, B.S, B.6, B.7, C.2, C.3, CA, and C.S. 8. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service and electrical service (Capital Facilities Element Policy A.9). 9. The City's Comprehensive Plan (Land Use Element Policy B.3) states that development should be designed to further the grid system pattern. Preliminary approval will be based upon the dedication of right-of-way to ensure compliance with the policy. 10. The subject property is identified by the Port Angeles Zoning Map as Residential Single Family RS-7, which allows a density of up to 6.22 units per acre. The proposed drawing indicates that each lot in the proposed subdivision will be at least 7,000 square feet in size. 11. The site is currently served by Peabody Street and Viewcrest Avenue. Peabody Street is an arterial street and both Peabody and Viewcrest are designated school walking routes. 12. There are no environmentally sensitive areas on the site. The site slopes down from south to north. The site is not considered a frequently flooded area as it is not listed on the Federal Emergency Management Act (FEMA) maps which denote those areas that are in 100-year flood areas. 13. Transit service is available along Peabody Street. 14. 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. 15. The Port Angeles School District has been notified of the development to allow them to plan for needed public school'facilities and routes. School busses travel on Peabody Street. 16. All utilities including potable,water, sanitary waste, and refuse collection are available in the area. 17. The City's Police, Fire, and Public Works and Utilities Departments will service the site. 5999 Conditions,findings, and conclusions - Stephens Subdivision November 21,2006 Page 3 18. The City's State Environmental Policy Act (SEPA) Official issued a Determination of Nonsignificance (DNS #1181) on October 23, 2006, therefore satisfying the City's responsibility under the Act. 19. 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 ofthe proposed subdivision to the general purposes of the City's Comprehensive Plan and to planning standards and specifications adopted by the City. 20. Three letters representing 5 neighborhood residents were received by the Planning Department during the public comment period which were presented to the Planning Commission for review during the public hearing. All the letter writers indicated that sight distance is reduced in the area proposed for the subdivision and that speed limits are exceeded in the area, creating a dangerous situation for drivers attempting to access Peabody Street in the area proposed for a subdivision. 21. Testimony and comment concerning the speed of traffic in the area of the subdivision was received from area residents during the October 25,2006, public hearing before the City of Port Angeles Planning Commission. The proximity of the proposed lots to the crest of Peabody Street described as being 300 feet south of the southwest comer of Lot 5 was discussed as the primary neighborhood concern, for safety reasons. Testimony was provided by the applicant's engineer 'regarding acceptable and standard WSDOT stopping distances for traffic traveling in residential areas. Conclusions: A. As conditioned, the proposed subdivision is consistent with the Port Angeles Comprehensive Plan and Zoning Code. R As conditioned, the proposal is consistent with the Port Angeles Subdivision Ordinance, Chapter 16.08 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW. C. As conditioned, appropriate provisions have been made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. D. As conditioned, the public interest is served in the platting of this subdivision as articulated in the City's Compr~.hensive Plan, Subdivision, and Zoning Ordinances. The subdivision provides for deyelopment of new homes within the City of Port Angeles consistent with the Growth Management Act. 6000 Conditions, findings, and conclusions - Stephens Subdivision November 21,2006 Page 4 E. As conditioned, lot access will be placed from the furthest point of the lots away from the crest of Peabody Street on Lots 3, 4, and 5. Speed rather than sight distance was determined to be the issue of concern rather than sight distance and specific driveway location is required to address this concern. Adopted by the Port Angeles City Council at its meeting of November 21, 2006. d4 . K~~ .f1~~ J.ApmA. Becky J. Upt n, ity Clerk "'I, .; Exhibit "R" 0001 CONDITION, FINDINGS, AND CONCLUSIONS IN SUPPORT OF SOMMERS ETALSTREET VACATION - STY 06-07, Portion of MadronalHazel Alley. Condition: 1. Individual lots owned by the petitioners shall be combined with the abutting vacated right-of- way into individual building sites per Zoning Lot Covenant prior to the issuance of a quit claim deed for the right-of-way. Findings: 1. A petition requesting vacation ofthat portion ofthe MadronalHazel Street Alley located east ofFairmont Avenue abutting the west Yz of Lot 5 and Lots 6 - 10, 11, 12, 13, and 14, Block 11, Puget Sound Cooperative Colony's Second Addition to Port Angeles was submitted on August 25, 2006. 2. RCW 58.17 requires that a petition be submitted containing the signatures of two thirds of the abutting property owners in order for consideration of a vacation of right-of-way. The subject petition is signed by 100% of the abutting property owners. Clallam County Hostelries (owner of the west Yz of Lot 5 and Lots 6 - 10 PSCC 2nd Addition) does not wish to purchase any portion of the abutting right-of-way. The agency has stated by signing the petition that they have no objection to the vacation. 3. The subject area is zoned RS-9 Residential Single Family and is developed with single family structures with the exception of the group home operated by Clallam County Hostelries and operated as Hazel Street House. The group home is operated under a conditional use permit. 4. 'The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right-of-way. Land Use Map Goal, Policies, and Objective Element Goal A is relevant to the proposal. 5. The City of Port Angeles' Real Estate Committee met on September 18, 2006, and established a value for the unopened right-of-way. The subject area is approximately 200' x 50' for a total of 10,000 square feet. 6. The petitioners have historically enjoyed use of the right-of-way along with other private property activities as the corridor has never been opened nor is it easily accessible by the public. 7. The vacating of a street is categorically exempt from a State Environmental Policy Act (SEP A) review per Section 197-11-800 (2) (h) of the Washington Administrative Code. 8. On September 19, 2006, the City Council set a hearing date for consideration ofthe petition as November 21, 2006, and referred the matter to the Planning Commission for a recommendation. Legal publication was provided with regard to the proposed vacation consideration in the Peninsula Daily News on September 24, 2006. 9. The Real Estate Committee of the City Council discussed compensation for the right-of-way and decided upon a value of$3.00 per square foot in the event of vacation at its meeting of September 18, 2006. The petitioners were immediately notified and responded on October 13, 2006, that they would like to proceed with consideration based on the $3.00 per square foot compensation. 6002 Condition, Findings, and Conclusions STV 06-07 - Sommers 10. The Port Angeles Planning Commission held a public hearing on the proposed street vacation on November 8, 2006, and forwarded a recommendation to the City Council for consideration. Conclusions: A. The vacation will not result in a change or disruption ofthe traffic in the area. The unopened right-of-way serves no purpose to the current or long range transportation needs ofthe City, and the vacation will place unused property on the City's tax roles, the vacation serves the public interest. B. Consolidation of the petitioners' property ownerships with the vacated right-of-way will result in slightly larger building envelopes in the area but will not result in redividable properties. The vacation action will place responsibility for maintenance ofthe right-of-way on those property owners who have historically enjoyed use of the right-of-way without disruption or notice of surrounding property owners. C. The vacation is not in conflict with any ofthe development standards identified in the City's RS-9 (Section 17.11 P AMC) Residential Single Family zone. D. The proposal is consistent with the goals and policies of the City's Comprehensive Plan specifically Land Use Map Goal, Policies and Objective Element Goal A. Adopted by the Port Angeles City C,ouncil at its meeting of November 21,2006. ci~~. -DQ. (!~ t/iit. )),pJlA Becky J. Up , C Clerk