HomeMy WebLinkAboutMinutes 07/06/20045346
CITY COUNCIL MEETING
Port Angeles, Washington
July 6, 2004
CALL TO ORDER -
REGULAR MEETING:
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
PUBLIC CEREMONIES,
PRESENTATIONS AND
PROCLAMATIONS:
Recognition of Retiring
Public Works & Utilities
Deputy Director, Ken
Ridout
Presentation of "Spotlight
Facility Award of
Excellence" for Valley
Creek Estuary Park
Mayor Headrick called the meeting of the Port Angeles City Council to order at 6:02
p.m.
Members Present:
Mayor Headrick, Councilmembers Braun, Munro, Rogers,
and Williams.
Members Absent:
Councilmember Erickson and Pittis.
Staff Present:
Manager Quinn, Attorney Bloor, B. Collins, M. Connelly,
G. Cutler, C. Hagar, D. McKeen, T. Riepe, Y.
Ziomkowski, G. Kenworthy, G. McLain,. S. McLain, T.
McCabe, B. Beverford, T. Smith, M. Puntenney, J. Hebner,
J. Young, S. Roberds, B. Coons.
Public Present:
E. Tuttle, B. Henry Sr., R. Sieg, J. A. Hoare, R. Browning,
A. Morley, B. Hoyle, T. Ahlgren, P. Lamoureux, R. Deane,
D. Bickford, C. Kidd, J. Ball, and J. Bourget. All others
present in the audience failed to sign the roster.
The Pledge of Allegiance to the Flag was led by Community Development Director
Collins.
1. Proclamation in Recognition of Retiring Public Works & Utilities Deputy
Director, Ken Ridout
Mayor Headrick read a proclamation recognizing the leadership, management skills,
professionalism, and contributions made by Mr. Ridout during his 25-years of
employment with the City of Port Angeles. Director of Public Works Cutler then
presented Mr. Ridout with a plaque with a clock in recognition of his service to the
City.
Mr. Ridout shook hands with each of the Council and staffmembers present, thanking
each one.
Director Cutler then introduced Mike Puntenney, who was hired recently to fill Mr.
Ridout's position.
Presentation: Washington Recreation and Parks Association "Spotlight Facility
Award of Excellence " for Valley Creek Estuary Park
Director of Parks and Recreation Connelly asked those who worked so hard to
complete this project to come forward. He stated this park has been nearly ten years
in the development and provided the background and history of this project, beginning
with the filling in of the former K-Ply log pond, the signing of interlocal agreements
between the City, Port and Soroptimist International. Nearly $1.3 million was raised
through a combination of grants, fund raising, in-kind and donated services to complete
this project, and now the City has a 3.5 acre park containing a healthy marine estuary.
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CITY COUNCIL MEETING
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Presentation of "Spotlight
Facility Award of
Excellence" for Valley
Creek Estuary Park
(Cont'd)
Skate Park Presentation
Director Con_nelly then presented the 2004 Spotlight Facility Award of Excellence for
Parks and Facilities to Mayor Headrick and gave each of the partners in the project a
framed certificate. He asked Linda DeBord of the Soroptimist International of Port
Angeles to introduce the recipients which included Jackie Schwagler and Terry
McDonald who were co-chairs, Cindy Sofie of PIRA, Steve Zenovic of the Rotary
Club, and Ida McKeown, President of Soroptimist International. Ms. DeBord went on
to thank the many clubs and organizations who helped make this park possible.
3. Presentation on Skate Park by Steve Zenovic
Mayor Headrick introduced Steve Zenovic and stated that he is very active in the
community and involved in many activities.
Mr. Zenovic stated that the skate park, like the Valley Creek Estuary Park and the
Dream Playground, is a community effort. He informed the Council that $100,000 in
committed money is necessary before entering into a contract with the skate park
builder to begin this project, and about $75,000 of this amount has been achieved,
thanks to the generosity of local vendors and individuals.
Mr. Zenovic displayed a map which demonstrated where the skate park is located
adjacent to the Dream Playground, and its configuration. He noted that the same
landscaping architect would be used for the skate park in order to tie the two parks
together.
Mr. Zenovic felt this project was moving forward, as he anticipated taking a final
design to the Parks Board this month and an agreement between the Rotary Club and
the City has been drafted. He informed the Council that he and Director Connelly
discussed writing an RFP for a concession facility as a method of fund raising to pay
for maintenance of the park.
The Rotary is currently raising funds for the parkvia donation cans in various stores,
selling T-shirts, and a raffle and it is hoped to begin construction this fall. Mr. Zenovic
concluded by saying this was another great community project, which he was very
happy to be involved in. He then offered to answer questions and provide further
clarification.
Mayor Headrick offered his services for unskilled labor and made a donation to the
park on behalf of himself and his wife. Councilmember Rogers said she had a client
who might be able to help with materials donations and asked Mr. Zenovic to meet with
her on this issue.
Councilmember Williams inquired if professional competitions could be held at the
skate park and Mr. Zenovic stated this was one of the goals. He informed the Council
that the mother of Tony Hawk, a professional skateboarder, is a graduate of Port
Angeles High School and she is attempting to obtain some grants from professional
organizations.
Further discussion followed and Mr. Zenovic assured everyone that there would be no
net loss of soccer fields. He was asked about any negative impact the skate park would
have on the Dream Playground and he said discussions had taken place regarding this
issue and all involved felt comfortable with the two parks being side by side.
There were no further questions, and Mayor Headrick thanked Mr. Zenovic for his time
and presentation.
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Chamber of Commerce
Quarterly Report
WORK SESSION:
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS:
CITY COUNCIL MEETING
July 6, 2004
4. Chamber of Commerce Quarterly Report by Russ I/eenema, Chamber Director
Russ Veenema, Chamber Director, distributed copies of an article from National
Geographic on the Olympic National Park.
Mr. Veenema began by stating July 4th was a terrific event in Port Angeles and thanked
the Public Works, Police, Fire, and Parks Departments for their help and cooperation.
He estimated that between 8,000 and 10,000 people were in town for the 4th of July
celebration and thanked the City and staff for allowing this event to happen.
Mr. Veenema began his report by using the VCR to demonstrate one of the six TV ads
that will be shown on KONG News at 10. He stated that each ad highlights a different
event taking place in Port Angeles, such as the Clallam County Fair, Heritage Day
Weekend, and the Dungeness Crab and Seafood Festival. Mr. Veenema said that the
billboard on 1-5 will mn the same message and he used his laptop computer to
demonstrate this to the Council.
Within the past month, the Peninsula News Network, with marketing assistance money,
has released an hourly guest service segment, which is running local TV. This will
update the public on tourist events and provide information on retail and restaurant
businesses in the area.
Referring to the National Geographic article he had distributed, he felt it contained very
good, factual, well-written information. Unfortunately, it does enhance the idea that
it rains here all the time, but it does give a lot of exposure and the Chamber has
received many calls because of it.
Mr. Veenema reported that "The Tacoma News Tribune" had an article in its June
addition on one-tank trips. Port Angeles was featured and a copy of this article is
included in the hand-out featuring the National Geographic article. He stated that
according to the "USA Today" travel is on the rise again.
Referring to the Chamber' s monthlyreport, Mr. Veenema stated that room tax, through
June, is up 11%, sales tax is up 10%, and room occupancy increased by about 7%-8%.
The web site visitor count is up 36% year-to-date, and June 2004 was the biggest month
with 50,000 visits, and anyone contemplating a trip to the Peninsula can now download
a vacation planner from the website.
Mr. Veenema concluded his presentation by sharing somecomments and e-mails he
has received regarding Port Angeles and thanked everyone involved for the cooperative
effort being made to market the City and thanked the Council for giving the Chamber
of Commerce the opportunity to serve the community.
None.
Manager Quinn informed the Council that Tim Smith, Director of Economic
Development, had one late item presentation.
Tim Smith, Director of Economic Development, stated he was present to speak as a
citizen and a volunteer for Port Angeles, not as a city employee. Mr. Smith then spoke
about the clean up at the former Burger King lot and explained how it came about and
plans for future efforts.
Using the VCR, Mr. Smith played a tape made by Dennis Bragg of the Peninsula News
Network, which showed Mr. Smith, Manager Quinn, Mayor Headrick, and community
leader Len Biel, cleaning up the Burger King lot. Mr. Smith stated that the work was
done on his own time and cost the taxpayersnothing. He then presented work shirts,
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CITY COUNCIL MEETING
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LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS:
(Cont'd)
PUBLIC COMMENT
FOR ITEMS NOT ON
AGENDA
which he had purchased on his own, to those men that assisted him in this endeavor.
Mr. Smith stated there would be a clean-up on Thursday, July 8, 2004, at 5:30 p.m. at
Lauridsen Blvd. across from Albertson's. Interested parties are invited to show up, and
they too will receive a T-shirt courtesy of Mr. Smith and his wife Michelle.
Referring back to the 4th of July festivities, Councilmember Braun asked Director
Connelly for a report on the damage done to several of the city restrooms.
Director Connelly responded that four restrooms were vandalized with fireworks,
which included those at Shane Park, City Pier, Ediz Hook and Elks Park. Damage is
estimated at $1,500 to $2,000. He said the west gate entrance to the Trail was
vandalized by a piece of moving equipment, but this has been repaired. Two of the
restrooms will be closed at least until Tuesday, another facility will be closed until
replacement fixtures can be found. Director Connelly stated that in his four years on
staff, this is the worst damage he has seen due to a one day vandalism spree.
Ed Tuttle, 3909 Old Time Place, Port Angeles, President of the Bay Loop Association,
distributed and read aloud a letter which he had written to the Council. Mr. Tuttle
opposed the City terminating water to the PUD. In conclusion he asked any Council
member opposed to turning off the water to raise their hands, which met with no
response.
J. Anthony Hoare, owner of the Downtown Hotel located at the northeast comer of
Laurel and Front Streets, gave a brief history of the problems his business had due to
fire. He said that he had reopened only last year and people have been very
complimentary of his little European style hotel. However, recently chirpers were
installed with the new traffic signals. Unfortunately, they sound alarm-like and several
times guests have checked out and asked for a refund due to the noise. He asked for
a resolution to this problem.
Discussion ensued and several Council members agreed that the noise made by the new
signals was annoying any time of the day, but would be especially so at night. Director
of Public Works & Utilities Cutler was asked if there was a resolution to this problem.
Director Cutler stated because federal money was used to purchase the new signals,
ADA compliance was mandatory, hence the chirpers were installed for the visually
impaired. Staff was working with the contractor to see if the sound can be turned
down. It was suggested that the chirpers be button activated, but Director Cutler said
the use of a push button to activate the lights would interfere with the timing and would
probably cause traffic problems.
After further discussion, Councilmember Munro asked Director Cutler to report back
with possible solutions for this problem at the next Council meeting. However, if a
solution was discovered prior to the meeting, staff should go ahead and fix it and not
wait for Council approval.
Bill Henry, 2206 E. 6~h Avenue, Gales Addition, spoke regarding the water/PUD issue.
He stated the PUD cannot legally disallow someone water service by virtue of belief,
as this would be discrimination. He felt the Council should consider this, as it may be
exposing itself, and the City as a whole, to lawsuits. He urged the Council to
reconsider its decision in this matter.
Dennis Bickford, General Manager of the PUD, stated he was here to update, invite and
respond to questions. First, regarding where the PUD stands on the issue, Mr. Bickford
stated the PUD voted unanimously to table any action on any contract with the City for
water. Therefore, the Commissioners are issuing an invitation to the Council and
Manager Quinn to meet with the PUD Commissioners on Thursday, July 8, 2004, at
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PUBLIC COMMENT
FOR ITEMS NOT ON
AGENDA
(Cont'd)
CITY COUNCIL MEETING
July 6, 2004
1:30 p.m., to discuss what each party wants. Mr. Bickford then offered to answer any
questions the Council may have for him.
Councilmember Munro remembered that the PUD staffhad recommended the signing
of this contract in a form similar to where it is today. He asked Mr. Bickford what was
the reasoning behind that recommendation. Mr. Bickford stated he had made the
recommendation as the PUD is a utility district which provides electric, water, sewer,
and telecommunications. Without City water, the PUD has a problem. He said the
City and PUD have had a contract since 1944 and the PUD and its customers came to
expect the continuation of that contract and receipt of the water. He felt it would have
been foolish of him to recommend the contract not besigned, but that does not mean
he felt it was a good contract.
Mayor Headrick then made a statement regarding the issue. He said he had explained
to Mr. Bickford and PUD Commissioner Purser that the City is looking at the big
picture. The County approached the City regarding a sewer line for the UGA, as this
is a necessity to facilitate businesses and individuals who will reside in this area in the
future. An estimate was received in the amount of $5 million for placement of this
sewer line all the way out to Wal-Mart. Someone has to pay the $5 million; at this
point, everyone is looking to the citizens of Port Angeles to pay this, which would
amount to approximately $350,000 in the first year. Whether or not the City proceeds
depends on if the area would be annexed some time in the future, as then the City
would appreciate greater revenue.
If an agreement cannot be worked out, whereby eventually the City can appreciate an
annexation in the future, then there won't be an annexation and one is stuck with the
same problem as occurred on Golf Course Road. Mayor Headrick then summarized
the problems encountered by those residents and the City when their septic systems
failed, and, they asked to be annexed in order to acquire sewer lines. The work had to
be rushed to avoid eviction of the residents.
The City is attempting to plan for the future as ordained by the Growth Management
Act, and provide utilities to the UGA. If the City provides a sewer line, there is no
requirement for anyone to hook up. Therefore, the City could end up with no hook ups
and a $5 million investment with no chance of annexation. Mayor Headrick stated that
the City had met with the PUD and explained that the no-protest agreements pertained
to new customers only and that the agreements would be null and void if the Citydid
not put in a sewer system.
Regarding the offer of another meeting with the PUD Commissioners, Mayor Headrick
stated the City had already offered a compromise. He did not feel there was anything
more to discuss. He thanked Mr. Bickford for appearing tonight and for the offer to
continue discussions, but he felt it was down to yes or no on the no-protest annexation
agreement.
In response, Mr. Bickford stated nothing Mayor Headrick said concerned the PUD and
neither does annexation. He asked if the Council was declining the offer to continue
discussion with the PUD. Mayor Headrick responded affirmatively.
Councilmember Munro supported the Mayor's comments and stated that the City does
not want to shut offwater to the PUD. He agreed with the Mayor, putting a sewer line
into the UGA would be very expensive. Mr. Bickford responded that the PUD could
put in a sewer, if one is necessary; the issue is water, not annexation and not sewers.
Councilmember Rogers stated that she had responded to calls from the PUD, hands
were shaken, discussions were held regarding the agreement. Up until today, the phone
calls and communicationshave continued. She wanted the audience to understand that
the communication and work have been diligent by both parties, so she is a bit
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CITY COUNCIL MEETING
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PUBLIC COMMENT
FOR ITEMS NOT ON
AGENDA
(Cont'd)
bewildered today to find the PUD voted to table the agreement at its meeting this
afternoon. Agreements had been reached on the two items. She reminded Mr.
Bickford that there has been a requirement for the PUD to seek alternative water
sources and, most important, a reservoir.
Mr. Bickford again stated that if the City drops the annexation clause, the
Commissioners will sign the contract. During the 18 months of this contract, a new
contract can be written. He will inform the Commissioners that Council has refused a
meeting and discussions are finished.
Councilmember Munro stated he took offense by some of what he has heard this
evening. Councilmembers have worked very hard on this issue and he felt some of the
comments, which singled out and threatened individual Councilmembers, were very
inappropriate. He suggested extending the date for water shut off by one more week
and hold one more discussion.
Further discussion followed, and it was the consensus of the Council that further
discussion would be useless, as it is either yes or no on the no-protest agreement. The
PUD says no, the City says yes.
Mr. Bickford again stated annexation does not concern the PUD. He felt the PUD was
dragged into this because the City wants to add a no-protest annexation clause to a
contract that never referred to annexation in the past.
Councilmember Rogers reminded Mr. Bickford that at a meeting with Commissioner
Purser, Mr. Bickford, Mayor Headrick and herself, it was discussed that the City would
not buy any infrastructure and the PUD would continue to be the service provider for
that area. Also, it was agreed that upon signing of this agreement, the PUD and City
would work out a long-term water planning project. She again stated that the pre-
annexation is valueless unless a sewer line is needed, and that was acceptable to Mr.
Bickford at that time.
Mayor Headrick thanked Mr. Bickford for his time.
Ron Browning, 640 Cannon Road, stated he has invested between $20,000 and $ 30,000
in landscaping over the past five years. If he cannot water, he will lose it all. Also, he
is a former firefighter and was concerned over sufficient waterflow in the event of fire.
If the water is turned off, he will organize a boycott of Port Angeles businesses.
Jim Boarget, 313 N. Ridge View, said he just moved into the community and found out
only yesterday about the water issue. Mr. Boarget admitted he is not fully informed,
but he will be investigating this issue. He gave a lengthy discourse chastising the
Council for its actions. He advised the residents of the affected area to seek legal
counsel and encouraged everyone affected by this to show up at the next Council
meeting to show their displeasure.
Mayor Headrick assured Mr. Boarget that attorneys for both sides have examined the
contract and the pre-annexation clause is not illegal nor unusual.
Mr. Boarget asked why the City Council feels it is essential to link the annexation issue
to shutting off the water.
Manager Quinn responded that the City is working with Brown and Caldwell, an
internationally known engineering firm. The County is discussing a potential contract
with Brown and Caldwell to perform a feasibility study. This study will helpanswer
some of the questions raised such as the cost of a sewer, is it feasible, what route will
it take, etc.
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PUBLIC COMMENT
FOR ITEMS NOT ON
AGENDA
(Cont'd)
CITY COUNCIL MEETING
July 6, 2004
Another issue is the water being separate from annexation, and the arguments used to
condemn Council can be turned around to condemn the PUD. There is a responsibility
to perform capital facility planning and water capacity issues. The City wields the
water to the PUD, which then provides service to its customers.
The lack of a contract will decrease some water capacity supplies, but it will not totally
cut offanyone's water. There will be an impact, but he did not feel it was as dire as
indicated.
Mr. Quinn stated that there were two huge issues at the beginning of these contract
negotiations. One was the issue of the pre-annexation agreement. This would not
impact current residents unless they decided to change their water service, such as by
changing from a 3/4 inch meter to a 1 inch meter. This is a rare occurrence. For new
water customers, it is only tied to sewers, as this would be a huge investment for the
City. This is an urban growth area, designated for the future growth of the City of Port
Angeles. Council and staff felt this was somewhat of a compromise, and realistically
in the next 18 months there will be very few pre-annexation agreements tied to water.
The second issue discussed was an extended contract. Both the City and PUD realized
that for this area to grow, there must be some type of planning horizon that is long
enough to obtain return on investment for capital infrastructure and plan for future
annexation and related issues.
These are the types of things being looked at and Mr. Quinn hoped he helped allay
some of the fears expressed. He repeated that water will not be totally shut off,
although there could possibly be some restrictions in the future.
Mr. Boarget asked why the City can't wait for the feasibility study rather than creating
fear and concern.
Councilmember Williams stated that 313 N. Ridge View is outside of the Urban
Growth Area, which makes the whole situation even more complex. Mr. Boarget stated
his parents live in the UGA, therefore he still has concerns over this issue.
Richard Sieg, 2575 East Bay Street, Vice-President of the Bay Loop Neighborhood
Association, felt the City was using the PUD as an agent to enforce annexation and was
holding the UGA residents hostage by threatening toshut offthe water, which he felt
was extortion. He asked if the water is shut off, a class action lawsuit is filed against
the City, and the plaintiffs prevail, is the City's budget healthy enough to pay this
expense or will it be passed on the taxpayers?
Mayor Headrick asked Attorney Bloor for his input. Attorney Bloor stated that pre-
annexation agreements are standard operating procedure. They are very common in
Washington State and are almost a requirement when a City provides services in a
UGA. Courts in Washington State have ruled on them, and they have been upheld.
Bob Hoyle, 2231 4th Avenue, Gales Addition, expressed his displeasure with the
Council's decision and stated that there would be no reason for a sewer line as the soil
in his area is good and perks well. He presented the Mayor with a drawing outlining
the property owned by Mrs. Schmuck on Golf Course Road. He stated she owned only
one parcel of property but had to pay for seven sewer hookups.
He went on to state that ifa septic system is properly maintained it will last forever and
the City's sewer line is not needed.
Councilmember Munro, as one of the residents on Golf Course Road that sought
annexation and City sewer services, rebutted Mr. Hoyle's comments regarding that
issue. He stated that the costs did get out of control, but there was no choice as the
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CITY COUNCIL MEETING
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PUBLIC COMMENT
FOR ITEMS NOT ON
AGENDA
(Cont'd)
Break
FINANCE:
Elwha Underground Cable
Replacement - Material
Purchase
Electric Underground
Rebuild Phase II, Project
02-1 lB, Elwha Line
Stage 2
Peabody Creek Water
Main, Project 02-02
Fairmount Pump Station,
Project 02-26
neighborhoodneeded the sewer line and time was running out. Councilmember Munro
stated that the neighborhood, including Mrs. Schmuck, voted to be annexed and receive
sewer service. He stated that each resident knew how many lots they would be paying
for at the time it was decided to annex, and this did not change.
Paul Lamoureux, 602 Whidby, wanted to inform the Council that he had a glowing and
positive report from the southeast neighborhood. He stated that the Public Works
Department listens to safety concerns of the citizens. He wanted the Council to know
that good things are happening around the City departments and gave his
congratulations to Finance Director Ziomkowski for doing a greatj ob on budgeting and
winning the Budget Award again.
Mr. Lamoureux expressed hope that in August a report will be given by the Public
Works Department regarding the downspout disconnection project and on the energy
program.
Mayor Headrick recessed the meeting for a break at 8:12 p.m. The meeting reconvened
at 8:29 p.m.
1. Elwha Underground Cable Replacement - Material Purchase
Director Cutler summarized the proposed purchase of underground electrical cable
from Consolidated Electrical Distributors (CED) through the State of Washington
Procurement Contract #07400.
Councilmember Rogers moved to authorize the purchase of underground
distribution cable for Light Operations, and authorize the City Manager to sign
the purchase order with CED in an amount not to exceed $69,000. The motion
was seconded by Councilmember Braun and carried unanimously.
2. Electric Underground Rebuild Phase II, Project 02-1 lB, Elwha Line Stage 2.
Director Cutler presented information regarding bids requested to rebuild
approximately 2,700 feet of underground electric service. Brief discussion followed
and Director Cutler responded to questions and provided clarification.
Councilmember Rogers moved to award the contract for the Elwha Underground
Rebuild Phase II, Project 02-11, to Superior Electric Northwest Inc., and
authorize the Mayor to sign the contract in the amount of $119,108.34.
Councilmember Williams seconded the motion, which carried unanimously.
3. Peabody Creek Water Main, Project 02-02.
Director Cutler summarized the information regarding the request for bids to install
approximately 6,400 linear feet of water main within the Olympic National Park and
north along Eunice Street to 9th Street.
Following brief discussion and clarification, Councilmember Williams moved to
award the contract for Peabody Creek Water Main, Project No. 02-02, to Snelson
Companies Inc., and authorize the Mayor to sign the contract in the amount of
$1,271,101.94. Councilmember Braun seconded the motion, which carried
unanimously.
4. Fairmount Pump Station, Project 02-26.
Director Cutler reviewed the information regarding the request for bids to install a
water pump station and approximately 2,200 linear feet of water main to the Fairmount
area along US 101.
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Fairmount Pump Station,
Project 02-26
(Cont'd)
CONSENT AGENDA:
CITY COUNCIL
COMMITTEE
REPORTS:
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
RESOLUTIONS:
2004-2010 Capital Facility
Plan (CFP) and
Transportation
Improvement Program
(TIP) Resolutions.
Resolution No. 11-04 and
Resolution No. 12-04
CITY COUNCIL MEETING
July 6, 2004
Councilmember Braun moved to award the contract for the Fairmount Pump
Station, Project No. 02-26, to Jordan Excavation Inc., and authorize the Mayor
to sign the contract in the amount of $699,635.33. Councilmember Munro
seconded the motion, which carried unanimously.
Councilmember Braun moved to accept the Consent Agenda, to include: 1 .) City
Council Meeting minutes of June 14, 2004, and 2.) Expenditure Approval List - June
25, 2004 - $1,312,367.14, 3.) Electronic Payments - June 25, 2004 - $1,124,182.00,
4.) Police Department Communications Manager to attend Association Public Safety
Communications Officials, Inc. (APCO) Annual Conference, 5.) Early Renewal
Agreement for Prisoner Confinement Services with the City of Forks, 6.) Joint Use
Agreement with the Public Utility District (PUD) for 3-Phase Relay Equipment. The
motion was seconded by Councilmember Rogers and carried unanimously.
Councilmember Rogers commented that she was happy to see the City and PUD were
still making joint purchases. Councilmember Williams asked about a check to Frontier
Ford in the amount of $114,000 for police equipment and Director Ziomkowski
explained this was for the purchase of five police cars.
Councilmember Braun noted that he and Councilmember Munro met with Director
Connelly to review government-funded projects and to discuss the Shane Park
drainage problem.
None.
2004-2010 Capital Facility Plan (CFP) and Transportation Improvement Program
(TIP) Resolutions.
Director of Public Works and Utilities Cutler gave a brief synopsis of the memo
contained in the packet regarding the CFP and TIP and noted the focus was on
transportation and getting things done. Using PowerPoint and referring to the lists
contained in the packet, Director Cutler reviewed the Government Fund Projects under
consideration and the projects that wouldbe delayed or cancelled. He noted that some
of the delayed projects could be brought back to Council to ask for matching funds if
grants are received. Director Cutler summarized possible furore projects and offered
to answer any questions.
Councilmember Rogers stated that a conservative approach was taken on the projects
given the budget restrictions. Hard decisions were made on prioritizing and there was
an overall strategy to move traffic and make the community more livable. She stated
the projects went through three sets of reviews before coming to Council.
Councilmember Rogers inquired about project 20, City Pier/Hollywood Beach
Renovation. Councilmember Williams stated he could not support spending $85,000
when he doesn't know where it's going and it was suggested it be moved to delayed
projects. At Council's request, Manager Quinn explained that originally part of this
project was for improvement and repair of the restrooms at the City Pier, which has
already been instituted this year. Other parts of the project were rip rap along the
waterfront and improving some of the concrete sidewalks.
Director Connelly explained that this project was, in part, planning for restoration of
the shoreline along the Waterfront Trail. Each winter, that section of the trail is subject
to storms and there is evidence that portions of the Trail have been undermined.
Currently, there is emergency repair each winter and part of this project would allow
for an assessment of the shoreline to fred a permanent solution to this problem.
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CITY COUNCIL MEETING
July 6, 2004
RESOLUTIONS:
2004-2010 Capital Facility
Plan (CFP) and
Transportation
Improvement Program
(TIP) Resolutions.
(Cont'd)
Resolution No. 11-04 and
Resolution No. 12-04
Another part of this project was to analyze the problems with the concrete, particularly
in the plaza area where the concerts occur, as it has uneven and differential settlement
as much of this area was fill.
Councilmember Williams pointed out that the money budgeted for Shane Park was also
for planning issues and asked when there would be a comprehensive plan for parks.
Director Connelly replied that the draft park comprehensive plan will be reviewed by
the Parks Commission subcommittee this month. Included within that plan are
renovation and development items as well as long-range maintenance.
Referring to Shane Park, Director Connelly stated this project was for infrastructure
issues that staff felt needed to be addressed. The money budgeted for the Shane Park
project was not entirely for planning; the planning portion will cost about $26,000 and
the balance will go for future capital improvements for the drainage project.
Councilmember Munro stated the Parks Commission subcommittee is supporting the
full project, but will fund it in a different mechanism that will become evident in the
near future. He supported the idea of leaving the City Pier/Hollywood Beach
Renovation project in the future category.
Councilmember Rogers added that the Puget Sound Action Team is an organization
that the City should look into for possible candidacy for beach restoration. She offered
to help work on this.
Councilmember Munro moved to remove project No. PK01-02, City
Pier/Hollywood Beach Renovation, from current projects 'to future projects.
Councilmember Rogers seconded the motion, which carried unanimously
Manager Quinn said prior to tonight's meeting, Councilmember Erickson called and
asked to have a statement made on her behalf. Her interest was to be supportive of
Shane Park in terms of funding. She asked this be made part of the record, but she
would go along with the decision made by the Council.
Councilmember Rogers stated that all committees were supportive of fixing Shane
Park, but the concern has been the money, as it is a $300,000 project.
Brief discussion followed and Director Cutler was asked to clarify the amount
designated for Shane Park. Director Cutler stated that $50,000 of City governmental
funds is allocated and the remainder is unaccounted for at this time. It was his
understanding that the Parks Board with come back with a funding plan on this project.
Director Cutler stated, based on the motion to move the City Pier/Hollywood Beach
Renovation to delayed projects, staff would correct the dollar amounts in the
Resolution to reflect this change.
Mayor Headrick then read the Resolution by title, entitled
RESOLUTION NO. 11-04
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, designation a portion of the General Fund balance
for certain capital projects.
Councilmember Braun moved to pass the Resolution, as amended, as read by title.
Councilmember Rogers seconded the motion, which carried unanimously.
Mayor Headrick read the next resolution by title, entitled
- 10-
RESOLUTIONS:
2004-2010 Capital Facility
Plan (CFP) and
Transportation
Improvement Program
(TIP) Resolutions.
(Cont'd)
Resolution No. 11-04 and
Resolution No. 12-04
OTHER
CONSIDERATIONS:
Vincent Subdivision
Preliminary Plat -
Milwaukee/W. l0th St.
CITY COUNCIL MEET1NG
July 6, 2004
5356
RESOLUTION NO. 12-04
A RESOLUTION of the City Council of the City of Port Angeles, Washington,
adopting the Six-Year Capital Facilities Plan/Transportation Improvement
Program (TIP) for 2005-2010.
Councilmember Munro moved to pass the Resolution as read by title.
Councilmember Braun seconded the motion. Councilmember Rogers stated she and
Councilmember Pittis reviewed the entire TIP with Public Works and attempted to put
the priority of the projects to address the major traffic situations throughout the City.
Councilmember Braun thanked Councilmembers Rogers and Pittis for all the time and
dedication to this project and Councilmember Rogers noted the support received from
staff. A vote was taken on the motion, which carried unanimously.
Vincent Subdivision Preliminary Plat - Milwaukee/W. 10'~ St. - 12 Unit
Residential Subdivision in the RS-9 Zone.
Director Collins reviewed the information pertaining to the Vincent Subdivision
Preliminary Plat, which proposes a 12-lot subdivision accessing from Milwaukee
Drive. Using PowerPoint, Director Collins demonstrated the area under discussion.
He then deferred to Assistant Planner Roberds. She said this is a five-acre parcel in the
RS-9 zone. Milwaukee Drive improvements will need to be made by the applicant, and
she identified the area where those improvements must be made on the PowerPoint
map.
Ms. Roberds stated that neighbors were concerned about the drainage on this property,
and explained how this issue is being addressed. She stated that Deputy Director of
Engineering Services Kenworthy would address drainage issues further should the
Council have questions.
Ms. Roberds continued to show slides which displayed a vicinity map, a map which
demonstrated the layout of the subdivision and the locations of the utility lines. Ms.
Roberds displayed an aerial view of the subdivision site, which demonstrated the
proximity of the neighbors' homes to the Milwaukee Drive right-of-way, should that
right-of-way be fully developed.
Councilmember Braun asked if there would be any mitigating measures should
Milwaukee Drive be improved to full standards. Ms. Roberds stated there would be
no mitigating measures. The property owners have the option of building a fence, but
it is City right-of-way and therefore fully developable.
Deputy Director Kenworthy explained that the developer can develop to the new
suburban road standard, which is only 24-feet wide. The right-of-way is 100 feet. He
felt it unlikely the City would be clearing the entire right-of-way.
At Councilmember Rogers request, Ms. Roberds explained the steps necessary to
present a preliminary plat for consideration. Discussion followed and staff responded
to various questions and provided clarification on issues pertaining to right-of-way,
drainage, and street layouts.
Director Collins referred to slide three, which had been distributed to the Council prior
to the meeting, and pointed out the rights-of-wayand the location of the existing homes
in the rights-of-way. He addressed written questions raised in a review by
Councilmember Pittis (who was unable to attend the meeting), which was sent to all
Councilmembers. Director Collins reviewed the questions and responded to them for
the Council. An error noted by Councilmember Pittis was Condition No. 5, which
reads".., an 8-inch water ~'~n... "and should read".., an 8-inch water s~r-Az~.
-11-
5357
CITY COUNCIL MEETING
July 6, 2004
OTHER
CONSIDERATIONS:
Vincent Subdivision
Preliminary Plat -
Milwaukee/W. l0th St.
(Cont'd)
Labor Contract Between
the City and IAFF #656
PUBLIC HEARINGS -
QUASI-JUDICIAL:
INFORMATION:
EXECUTIVE SESSION:
Director Collins stated that once the preliminary subdivision is approved,
improvements can be designed and implemented. Final plat approval involves a public
hearing before the City Council.
Councilmember Rogers asked staff to make sure that the entire right-of-way is owned
by the City. Director Collins explained that a survey would have to take place before
construction begins, which would identify the right-of-way boundaries.
Following further discussion and clarification regarding the extension and
improvements to Milwaukee Drive, Councilmember Williams asked if manufactured
homes would be allowed in this area. Quint Boe, 84 Old State Rd., spoke as agent for
Darrell Vincent and stated it had not been decided whether or not mobile or
manufactured homes would be allowed in this development. He asked the Council to
approve this preliminary subdivision.
Couneilmember Williams moved to approve the Preliminary Vincent Subdivision,
subject to Conditions 1 - 9, as corrected, Findings 1 - 24, and Conclusions A - F,
as set forth in Exhibit "A" which is attached to and becomes a part of these
minutes. The motion was seconded by Couneilmember Munro and carried
unanimously.
2. Labor Contract Between the City and MFF g656.
Human Resources Manager Coons reviewed the information provided pertinent to this
issue.
Counciimember Braun moved to approve and authorize the Mayor to sign the
labor contract between the City and IAFF Local #656 covering the contract
period of January 1, 2003, through December 31, 2005, including retroactive
wages to January 2003. Councilmember Rogers seconded the motion. Manager
Quinn stated several positive things came out of this arbitration award. One, it allows
insurance premium payments to be supported by employees. Two, the arbitrator
stipulated a specific group of cities to be used in the analysis of wages and that will
benefit future negotiations. Mayor Headrick also noted that catch up wages were
disallowed. A vote was taken on the motion, which carried unanimously.
None.
Manager Quinn noted the project update was completed and placed in Councilmembers
mail boxes.
Manager Quinn also recognized Finance Director Ziomkowski for receiving the
Distinguished Budget Presentation Award from the Government Finance Officers
Association.
Director Ziomkowskiannounced that the award was to the City, not to her personally.
She stated that this is the most team-consumed project in the City and it's done
annually. The award would not be possible without the involvement of Council, the
Finance Committee, and all Department Heads and staff. She thanked everyone for
their assistance.
The Mayor announced there was need for an Executive Session under RCW 42.30.110
(1)(i), to discuss one item with legal counsel representing the agency matters relating
to potential litigation. Estimated time for the Executive Session was 40 minutes. The
meeting adjourned to Executive Session at 9:45 p.m.
- 12-
RETURN TO OPEN
SESSION:
ADJOURNMENT:
CITY COUNCIL MEETING
July 6, 2004
The Executive Session concluded at 10:25 p.m., no action was taken, and the Council
reconvened in regular open session.
meet~g was adjourned at 10:25 p.m.
~ichard A. Headricl~, Mayor
5358
- 13-
Exhibit "A"
5359
FINDINGS AND CONCLUSIONS IN SUPPORT OF THE VINCENT PRELIMINARY
SUBDIVISION:
Conditions:
The interior cul-de-sac shall be named Adelaide Drive, dedicated, and constructed per
the City's urban service standards, which includes a 20' asphalt surface with ditches and a
minimum 4' pedestrian walking path separated from the roadway by the ditch prior to
approval of the final plat. Signage shall be placed on the interior cul-de-sacs indicating
that on-street parking is prohibited along both sides of the street.
Twenty-four (24') foot of paving is required along the subdivision frontage of Milwaukee
Drive per the City's Arterial Street Standards with an 8' walking path and ditching as
prescribed in the City's low impact development standards east to meet the improved
street surface on Milwaukee Drive. No improvement is required to West Tenth Street.
Street trees shall be planted along the arterial per the City's Urban Services and
Guidelines Policy 3G. 100 Street Trees and Landscaping.
Fire hydrants shall be placed and spaced as required by the City's Fire Department to a
maximum 1000' of separation distance. Wording shall be placed on the final plat and
recorded with the County Auditor upon filing of the final subdivision indicating that all
residences shall be fitted with residential sprinkler systems prior to occupancy.
4. Electric utility service shall be underground.
Prior to final plat approval, an 8 inch water main shall be extended to the lots as required
by the Public Works and Utilities Department.
o
Stormwater improvement plans shall be submitted for approval per the City's Urban
Services Standards and Guidelines and installed prior to final plat approval. The
subdivision shall be designed to accommodate existing stormwater drainage needs to
standards acceptable to the City's Public Works and Utilities Department. No net increase
from existing drainage will be allowed following development.
Sanitary sewer and water shall be extended to the new lots as required by the Public
Works Department from Milwaukee Drive.
Building setback areas shall be identified on the final plat and address numbers provided
by the City's Building Division shall be placed on the lots.
The Department of Public Works and Utilities shall schedule a preliminary design
meeting for Milwaukee Drive improvements with the applicant, the applicant's engineer,
adjacent neighbors, and the City's engineering staff to review design issues and schedule
a final design meeting with interested parties to identify the improvements before
installation occurs.
Findings and Conclusions
Vincent Subdivision - duly 6, 2004
Page 2
5360
Findings:
Preliminary approval is for an 11- 12-unit subdivision submitted by Darrel Vincent on
February 20, 2004, identified as being in Suburban Lot 57 within the Townsite of Port
Angeles. The approximately 5 acre site is located south of Milwaukee Drive west of
West Tenth Street.
The subject property is identified by the Port Angeles Zoning Map as Single Family
Residential (RS-9) which allows a density of up to 9 units per acre. The preliminary
drawing indicates that the proposed development will result in an approximate density of
2.5 units per acre.
Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements
for the approval of subdivisions and 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 City Planning
Department. The City Council shall either approve or disapprove the proposed
preliminary plat at a public meeting.
The Revised Code of Washington RCW 58.17 contains the State's guidelines for the
uniform division of land within the State. 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 and 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 and other public ways, transit stops, potable water supplies, sanitary wastes,
parks and recreation, playgrounds, and schools 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.
o
The proposal was reviewed with regard to the City's Subdivision Ordinance (Section
16.08 PAMC) which provides specific design standards which are expected of
subdivisions within the City limits while the City's Urban Services Standards and
Guidelines indicates that street trees should be planted along arterial streets and provides
guidance for such placement and tree species. The City's Urban Services and Guidelines
Standards (Section 3G. 100 Street Trees and Landscaping) suggests that street trees should
be planted on arterial streets in the City and in other specified areas. The design standards
identified in Section 16.08.060 F PAMC state that street trees are a protection against
excessive heat and glare and enhance the attractiveness and value of abutting property.
The City will assist the subdivider in location of trees and species to use under varying
conditions. It is recommended that trees be planted inside the property lines where they
are less subject to injury, decrease the chance of motor accidents and enjoy more
favorable conditions for growth. If trees are to be planted within a planting strip in the
Findings and Conclusions
Vincent Subdivision - July' 6, 2004
Page 3
right-of-way, their proposed locations and species to be used are to be submitted for
review and approval by the City.
Section 16.08 PAMC states that the final plat shall be submitted to the Community
Development Department within five years after City Council approval of the preliminary
plat. Said preliminary approval shall become void unless a final plat is submitted and
approved by the City within the five year period.
The Port Angeles Public Works, Light, Parks, and Fire Departments reviewed the
proposed subdivision and their comments and specific conditions have been incorporated
in the Department's recommendation. Water, power, garbage pickup,
telecommunications, sewer, stormwater, streets, and emergency services are available
within acceptable standards to the site or will be extended through conditions to the
preliminary plat.
o
The subject property is identified as Low Density Residential (LDR) on the Port Angeles
Comprehensive Plan land use map.
The Comprehensive Plan requires concurrency at the time of development for streets,
water service, sanitary sewer service, and electrical service (Capital Facilities Element
Policy A.9) and should require concurrency at the time of development for solid waste
collection, stormwater management, telecommunications service, and emergency service
(Capital Facilities Element Policy A. 10). The proposal has been reviewed with respect to
the Comprehensive Plan and the following Comprehensive Plan policies are 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 B.4, Goal C; Transportation Element Goal A,
Policy A.3, A.6, B.10, B.11, B.14, and B.18; Utilities and Public Services Element Policy
C.2; Capital Facilities Element Goal A, B, Policy B.1, B.3, B.4, B.5, B.6, B.7, C.2, C.3,
C.4, and C.5.
10.
The purpose of the City's RS-9, Residential Single Family zone is a low density
residential zone intended to create and preserve urban single family residential
neighborhoods consisting of predominantly single 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 variety in the urban land use pattern for
the City's single family residential neighborhoods, following a curvilinear street system
of nonthrough public and private streets with irregularly shaped lots, minimum 75-foot
front lot lines, and 60-foot rights-of-way for collector arterial streets in large rectangular
blocks and usually located in outlying areas with large tracts of vacant buildable land.
11.
The site is currently served by unimproved Milwaukee Drive and West Tenth Street
which are local access streets. Milwaukee Drive is also a designated bicycle route. "N"
Street east of the site is a collector arterial and a designated school walking route.
Improvements to Milwaukee Drive improvements will be required such that the final
street is an improved width of 24' with a ditch and 8' pedestrian walking path established
5361
Findings and Conclusions
Vincent Subdivision - duly 6, 2004
Page 4
on the south side per the City's new suburban low impact development standards
connected to improved West Tenth Street.
12.
The City's low impact development standards for suburban areas were adopted in 2003
with the understanding that subdivisions developed under the reduced standards would
not allow for on-street parking. Site development and design for residential lots
developed under the lower impact standards need to accommodate resident parking and
visitor parking on-site. Roadside ditches developed under low impact development
standards should be kept free of debris by adjacent property owners.
13.
There are no environmentally sensitive areas on the site although the site has historically
had some standing groundwater areas probably due to the rise of the Milwaukee Railroad
grade along the site's north boundary. The site slopes west to southwest. The site is not
listed on the Federal Emergency Management Act (FEMA) maps which denote those
properties that are within 100-year flood areas.
14.
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.
15.
Building permits are required for all structures within the subdivision. 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 of the development to allow them to
plan for needed public school facilities and routes. School busses travel along West
Tenth Street. Hamilton School is the closest school to the site.
17.
The City's Parks Department responded that they are aware of the preliminary 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 approximately 1/4 mile east of the subject site along "N" Street. The nearest
public playground area is located approximately one-half mile + north at Crown Park.
18.
The site will be serviced by the City's Police, Fire, and Public Works Departments. All
utilities including potable water, sanitary waste, and refuse collection are available in the
area. Transit service is available along "N" Street east of the site.
19.
The City's State Environmental Policy Act (SEPA) Official issued a Determination of
Nonsignificance for the preliminary subdivision on April 8, 2004, therefore satisfying the
City's responsibility under the Act.
20.
The William R. Fairchild International Airport is located south of the site. Port of Port
Angeles staff has been notified of the proposed subdivision proposal and per agreement
5362
Findings and Conclusions
l/incent Subdivision - July 6, 2004
Page 5
with the Port, it is expected that those who purchase properties in the final subdivision
will be aware of the existing on-going airport operation.
21.
The Planning Commission's decision is a recommendation to the City Council. The
Commission acts as the City's heating 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.
22.
Property owners within 300 feet of the proposed subdivision were mailed notice and the
site was posted for the proposal on March 5, 2004. Legal publication appeared in the
Peninsula Daily News on March 7, 2004. Written comments were received as a result of
the notification. Mr. and Mrs. Doug Ahmann expressed concern with regard to
stormwater drainage and roadway development. Mr. and Mrs. Bob Coons expressed
concern about a number of issues: roadway development, traffic, vision, and stormwater.
23.
Following the public hearing, the City was notified by a nearby property owner that an
error had occurred in the legal mailing process. The applicant withdrew his original
application in order to meet statutory processing requirements and resubmitted the
application on May 26, 2004. The site was reposted and notification remailed to
surrounding property owners within 300 feet of the proposed subdivision on May 26,
2004. Legal publication was placed in the Peninsula Daily News on May 30, 2004. Two
written comments were received as a result of the notification. Comments from Mr.
McKee and Mr. Coons dealt with site drainage and roadway development.
24.
The Planning Commission conducted a second public hearing for consideration of the
preliminary subdivision on June 23, 2004, and recommended that the City Council
approve the preliminary subdivision with conditions addressing the drainage concerns
expressed by neighbors.
Conclusions:
mo
As conditioned, the proposed subdivision is consistent with the Port Angeles
Comprehensive Plan and Land Use Map and Zoning Code.
As conditioned, the proposal is consistent with the Port Angeles Subdivision Ordinance,
Chapter 16.08 PAMC, and Chapter 58.17 RCW of the Washington State Subdivision Act
Co
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.
Do
As conditioned, signage educating residents and visitors as to the prohibition of on-street
parking will ensure that interior streets remain passable for public safety situations where
5363
Findings and Conclusions
Vincent Subdivision - July 6, 2004
Page 6
on-street parking could prevent ease of passage for emergency vehicles and sight distance
safety issues.
Eo
The site has served as a drainage area over the years due to its topography and
development of the Milwaukee Railroad. Clearing and grading activities will require
handling of the existing drainage and future stormwater from the site as a result of
development through the subdivision process as no net increase in stormwater runoffwill
be allowed following development of the site.
Fo
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 State of Washington Growth Management Act and addresses
neighborhood concerns regarding stormwater runoff in the area.
Adopted by the Porj~mgeles City,~ouncil at its meeting of July 6, 2004.
R~chard I~eadric~, Makor
5364
Becky J. up(~-~, C~y Cl~rk]-