HomeMy WebLinkAboutMinutes 11/04/2003 5072
CITY COUNCIL MEETING
Port Angeles, Washington
November 4, 2003
CALL TO ORDER - Mayor Wiggins called the regular meeting of the Port Angeles City Council to order
REGULAR MEETING: at 6:00 p.m.
ROLL CALL: Members Present: Mayor Wiggins, Councilmembers Braun, Campbell,
Erickson, Headrick, Rogers, and Williams.
Members Absent: None.
Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B.
Collins, M. Connelly, G. Cutler, D. McKeen, Y.
Ziomkowski, T. Gallagher, G. Kenworthy, J. Hebner, J.
Seniuk, B. Coons, B. Wahto, K. Ridout, V. Daugaard, D.
O'Donnell, J. Shay, B. Flores, D. Ireland, B. Rowley, B.
Raemer, and A. Marks.
Public Presenr' R. Peterson, C. Haarstad, S. Chapman, C. Casey, S.
Kurnvilla, B. Chaplin, G. Low, C. Jacobson, J. Wilson, B.
Munger, P. Tietz, S. Kennedy, M. Szatlocky, J. Bohman,
C. Kidd, A. Carmon, and E. Fetchiet. All others present in
the audience failed to sign the roster.
PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilmember Rogers.
ALLEGIANCE:
PUBLIC CEREMONIES, 1. Proclamation in Recognition of Karen McCormick's Award as "One of the
PRESENTATIONS AND 25 Most Powerful Women in Banking":
PROCLAMATIONS:
Mayor Wiggins read and presented a proclamation to Karen McCormick, honoring her
Recognition of Karen designation as one of the 25 most powerful women in banking. Ms. McCormick
McCormick graciously accepted the award, after which Councilmember Rogers made
congratulatory remarks.
World Town Planning 2. World Town Planning Day Proclamation:
Day Proclamation
Mayor Wiggins read and presented to Community Development Director Collins a
proclamation declaring November 8, 2003, as World Town Planning Day.
Presentation to Brian 3. Presentation to Brian Wahto for Lineman Certification:
Wahto for Lineman
Certification Mayor Wiggins and Public Works & Utilities Director Cutler presented the Lineman
Certification to Brian Wahto, who was joined by his family for the acceptance.
WORK SESSION: None.
LATE ITEMS TO BE Mayor Wiggins announced changes to the order of the agenda: Agenda Item D.4. will
PLACED ON THIS OR move to D. 1., and Agenda Item G.2. will move to D.2. Manager Quinn indicated he
FUTURE AGENDAS: would have some information items to add to the Information Agenda.
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5073 CITY COUNCIL MEETING
November 4, 2003
LATE ITEMS TO BE Mayor Wiggins read information designating Port Angeles as a regional site for the
PLACED ON THIS OR Veteran's Day celebration.
FUTURE AGENDAS:
(Cont'd) Dr. Steve Chapman, 443 West Ridge Road, referenced the February Council meeting
at which time the Council opted to fluoridate the City's water supply in response to
support from the medical and dental community, the Chamber of Commerce, the Port
Angeles School Board, United Way, Olycap, parents and citizens. He indicated that
C. Edward Koop concluded that fluoridation is the single most important commitment
that a community can make to the oral health of its citizens, a benefit enjoyed by some
70% of Americans. Dr. Chapman indicated that the support of dentists and physicians
has remained strong and, through a variety of different fund raisers and donations, the
group raised $25,700 which was represented by a symbolic check that he shared at this
time. He indicated the group was prepared to support the project once the City was
ready to move forward and the process has been finalized.
Dr. Chapman advised the Council that he has closely followed research and public
recommendations regarding fluoride; there is no new scientific evidence to cause delay.
He fek that support of the Council's decision remains extraordinarily strong, as over
90 health care and dental organizations continue to support fluoride as the most
effective, safe, and cost effective way of reducing cavities. The American Academy
of Pediatrics and the American Academy of Pediatric Dentistry, which represent over
60,000 health professionals dedicated to the healthcare of children, each have task
forces on fluoride that have looked at the research and recommitted their support for
public water fluoridation. Dr. Chapman noted it has been suggested that the City
Council wait two years until a study by the National Research Council has been
completed. He read the project scope and spoke with a senior research officer, who
indicated there are no new recommendations to stop fluoridating or to delay
implementationof fluoridation. Further, Dr. Chapman was informed that the study will
not address the benefits and risks of public fluoridation, nor will it make specific
recommendations as to whether towns, such as Port Angeles, should fluoridate. Rather,
the study would examine the appropriateness of what is called the maximum
contamination level, which is currently four parts per million, and the secondary
maximumcontamination level, currently two parts per million. Dr. Chapman indicated
the study has more relevance for geographic areas and cities that have naturally
occurring fluoride in their water. For towns, such as Port Angeles, that will add
fluoride to the water and measure the level daily of between .8 and 1.2 parts per
million, there would be very little significance. Dr. Chapman referenced action of
thirty years ago when the Port Angeles City Councildecided to wait on fluoride until
more studies were done. Since that time, many studies have supported fluoride, and
millions more Americans have benefitted. Dr. Chapman felt that the Council made the
right decision, and the medical and dental communities continue to support the
decision.
Carl Haarstad, Thor Town Bed & Breakfast, 316 North Race Street, expressed concern
with the parking lots being built in the neighborhood of the Hospital. He referenced
a parking lot recently constructed at Chambers and Caroline, which he felt had not met
City regulations in that a tree must be planted for every ten parking spaces. This
particular parking lot has no planted vegetation at all. He referenced a clinic between
Race and Georgiana, and that particular parking lot is also void of any vegetation. Mr.
Haarstad was concerned, as the property adjacent to his residence has been purchased
by the Hospital and is presumably destined to be a parking lot. He inquired as to
whether variances have been granted, allowing the parking lots without vegetation.
Community Development Director Collins assured the Council he would research the
matter, as the City does require vegetation in the parking lots.
Christine Jacobson, 3822 Canyonedge Drive, was prompted to address the Council
after reading of the gift of funds for fluoridation. She felt that such a girl was more of
a bribe. Since the Council's decision to fluoridate, many individuals have studied the
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CITY COUNCIL MEETING 5074
November 4, 2003
LATE ITEMS TO BE subject, and a great deal of information has been provided to the Council. Ms.
PLACED ON THIS OR Jacobson referenced data issued by the World Health Organization indicating that, in
FUTURE AGENDAS: both fluoridated and non-fluoridated countries, the trend has been for tooth decay to go
(Cont'd) down. She studied the topic of fluoride a great deal in the last few months, noting that
good dental hygiene, nutrition, and access to dentists will improve the dental health of
children and adults. Ms. Jacobson felt that those three elements must be the focus, as
opposed to fluoridation. She cited an experiment conducted in Basel, Switzerland, a
heavy clinical and industrial area, where one-half of the State received fluoridated
water for 41 years. Despite socio-economic factors, the amount of cavities was similar
for those in the fluoridated as well as the non-fluoridated areas. She inquired as to why
there is an insistence that fluoridated water will help the children in Clallam County.
As a former teacher and the mother of an 11-year-old child, she indicated her son has
fluorosis due to excessive fluoride since birth. Ms. Jacobson felt there may be other
children with too much fluoride in their system because of foods and juices that already
contain fluoride. She asked of Dr. Chapman and the City Council whether there would
be a provision for those children, as well as adults who need no further fluoride in their
systems. Ms. Jacobson disagreed that there is overwhelming support for fluoridation,
and she asked the Council to not fluoridate the water.
Jesse Wilson, 1025 W. 11th Street, President of Clallam County Citizens for Safe
Drinking Water, felt it was gracious of the medical community to make the
contribution; however, he questioned the perspective. Mr. Wilson indicated the
fluoridation project is fully funded by a grant, and he asked where the $25,000 would
be used. He agreed with Ms. Jacobson that it has slants of bribery. Mr. Wilson
indicated that power has three faces: position, money, and the vote. Through the entire
fluoridation issue, he has seen position and money, but he has not seen the vote.
Comparing the 90 members of the medical communitysupporting fluoride, Mr. Wilson
referenced the petition submitted to the Council earlier that contained over 1200
signatures in opposition, over 700 of whom are registered voters. Mr. Wilson added
there are 10,000 more voters who have not been allowed to cast a vote on the subject.
He indicated there are many voices in the community that are not supportive of
fluoridation. He referenced the study about which Dr. Chapman spoke, asking that the
issue of the study not be pre-judged. He felt it would be timely to take a breather on
the matter and refer it to the voters during the next election.
Dr. Scott Kennedy, 136 Old Black Diamond, respectfully disagreed with those opposed
to fluoride. He felt that fluoridation of the water supply is a good thing to do for the
health of the community, particularly for the children and the potential benefit of all
ages because of the way it works. Dr. Kennedy informed the Council that cavities
happen because of infection and an infectious agent in the mouth, and fluoride is an
effective way to combat that infectious disease that results in acid degradation of teeth.
He read the conclusion of an article he read from the Centers for Disease Control,
August 17, 2001, concerning recommendations for using fluoride to prevent and
control dental cavities in the United States. The article indicated that, when used
appropriately, fluoride is a safe and effective agent that can be used to prevent and
control dental caries; it has contributed profoundly to the improved dental health of
persons in the United States and other countries. Adoption of recommendations in the
report could lead to considerable savings in public and private resources without
compromising fluoride's substantial benefit of improved dental health. Dr. Kennedy
offered to provide the article to the Council, noting that the leading recommendation
is for the fluoridation of the water. He thanked the Council for holding the course and
moving ahead on the SEPA process. He felt that, in twenty years, the community will
be grateful to the Council for protecting the health of the community at large. Mayor
Wiggins indicated the Council would like to receive copies of the referenced article.
Mike Glenn, Chief Executive Officer of Olympic Medical Center, is in a position of
making decisions that affect the quality and scope of medical care provided by the
hospital. Although he is a non-clinician, he makes his decisions by listening to experts
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5075 CITY COUNCIL MEETING
November 4, 2003
LATE ITEMS TO BE that know more than he does and carefully deciding who can be trusted. Mr. Glenn
PLACED ON THIS OR indicated his support of fluoridation because nearly 100% of the doctors and dentists
FUTURE AGENDAS: in the community support water fluoridation. He has worked with these individuals for
(Cont'd) 12 years in an environment of life and death, and he trusts them entirely with
administrative issues, as well as his life and the life of his family. Further, Mr. Glenn
spoke in support of fluoridation, as seven out often Americans currently benefit from
fluoride, and Port Angeles is in the minority on that issue. Mr. Glenn indicated the
Centers for Disease Control call fluoridation one of the ten greatest advancements in
public health in the last 100 years. The Office of the Surgeon General supports
fluoridation, and a staff member previously wrote a letter to Dr. Kennedy, Chief
Medical Officer at Olympic Medical Center, in support of this community's effort to
fluoridate the water. He felt the issue to be one of trust, and he reiterated his trust in
the physicians and dentists, the decisions made by 70% of the population, the decisions
of the Centers for Disease Control, and the Surgeon General.
Peter Ripley, 114 E. 6th Street, #102, suggested that, instead of giving the donation to
the City of Port Angeles, the money be provided to a trust fund for the use of those
needing assistance in the form of fluoride pills, dental hygiene, education, and the like.
Dr. Todd Irwin, 253 Strait View Drive, President of the Olympic Peninsula Dental
Society, indicated that the cost of the fluoride project was originally projected to be
$260,000, and the tax would equate to approximately $25,000. It was intended that the
money raised would be used to pay the tax. It is not a bribe. He added that the
Hospital donates funds to the Community Action program for free dental services; he
and many other doctors and dentists in the community donate a great deal of time in
caring for the community. They are doing everything possible to help, and they
appreciate the Council's efforts as well.
Dr. Mike Maxwell, 3215 South Laurel, is a family physician who wanted to make a
balancing statement to the Council. Dr. Maxwell indicated that he sees a wide
spectrum of patients, and he has made it a point over the last few months to query the
patients to get a sense of their feelings on fluoride. Many have been surprised that the
water hasn't been fluoridated already and were pleased with the Council's decision.
Others feel that fluoridation is long overdue. When he asked his patients why there
weren't more letters to the editor in support of fluoride, some drew a parallel that, if
someone were to say the world is flat, there wouldn't likely be a lot of responses that
the world is round. Dr. Maxwell felt that a majority of the community supports the
effort to fluoridate, and he congratulated the Council on its leadership.
Barney Munger, 1504 McDonald Street, originally felt that fluoride is safe and should
be used. However, after conducting thorough research over the last few months, he has
come to question the use of fluoride and now believes fluoride should not be used. He
asked the Councilmembers to take another look at the matter by conducting their own
personal research, as he was certain they would decide fluoride is not what they wanted.
Jesse Wilson returned to the podium, taking exception to previous commentaries
offered by Dr. Maxwell. Mr. Wilson reiterated many of his previous comments in
opposition to fluoride. Dr. Steve Chapman returned to the podium to offer clarification
on remarks made by Peter Ripley, in that the medical community currently donates time
and supplies to the community. Dr. Scott Kennedy also returned to the podium,
informing the Council that he had written personal notes to all physicians and dentists
asking them to donate funds to the United Way.
FINANCE: 1. 8th Street Bridge Replacement, Project 02-15, Consultant Agreement:
8th Street Bridge Director Cutler, with the use of PowerPoint slides, provided the Council with a
Replacement Consultant historical perspective of the 8th Street bridges, dating back to timber trestle bridges,
Agreement circa 1900. With the degradation of the bridges over time, load restrictions were
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CITY COUNCIL MEETING 5076
November 4, 2003
FINANCE: placed on the bridges in 2001 and, in 2002, staff was directed to proceed with
(Cont'd) replacement of the bridges. Director Cutler reviewed the original cost projections for
bridge replacement, and the City's match has been reduced significantly due to
8th Street Bridge improved grant funding available from the State. The match is now projected at
Replacement Consultant approximately $400,000. Director Cutler discussed the criteria and process used in
Agreement (Cont'd) consultant selection, the development of the consultant agreement, the four phases of
the agreement, and the associated fee structure for each of the different phases.
Mr. Santosh Kumvilla, Project Director and President of Exeltech, also using
PowerPoint slides, advised the Council of the operating philosophy to build a landmark
structure to stimulate community pride and long-term development. He identified what
Exeltech views as the project needs, such as funding; environmental studies, processes
and permitting; bridge design; safety for vehicle, pedestrian, and bicycle traffic;
aesthetics; traffic management; and construction management. Mr. Kuruvilla reviewed
the people who will be involved in the project on behalf of Exekech, to include local
companies. He introduced Mr. Bernie Chaplin, who will serve as the Project Manager
for Phases 1 and 2. Mr. Chaplin summarized the different phases of the project, along
with the projected time line for each of the phases, with project closeout set for 2006.
He informed the Council of their plans to conduct public outreach throughout the
process so that the public is fully aware of the project's implementation and process.
Every effort will be made to communicate throughout and to avoid any confusion and
inconvenience. Mr. Chaplin itemized in detail the elements of the public outreach
program, after which Mr. Kuruvilla presented the preliminary alternative concepts
being considered for bridge design. Mr. Kuruvilla assured the Council of Exeltech's
commitment to total client satisfaction throughout the project, stressing quality, cost
effectiveness, schedule sensitivity, reliable solutions, and change control. He stated his
excitement about the project, and he thanked Director Cutler, Deputy Director
Kenworthy, and the Council for the opportunity.
Discussion followed concerning the alternative bridge designs as they directly relate
to the seismic guidelines, the opporttmity to have the bridges serve as a landmark, the
City's contribution of $400,000 as a match to the grant funding, and the fact that
anything extra beyond the minimum requirements would be a cost to the City.
Councilman Headrick then moved to approve and authorize the Mayor to sign the
agreement with Exeltech of Olympia, Washington, to provide engineering and
related services for the 8th Street Bridge Replacements Project 02-15 in the total
amount not to exceed $2,698,836.57, with initial authorization limited to Phase 1
and Phase 2 services which provide for alternatives analysis, environmental
reporting, permitting, and preliminary engineering in the amount not to exceed
$1,084,819.83 and the remaining Phase 3, final design, and Phase 4, construction
management, to be brought back to Council for fee authorization and approval
to proceed when these phases are required. The motion was seconded by
Councilman Braun and carried unanimously.
PUBLIC HEARINGS - Madrona Woods Final Subdivision:
QUASI-JUDICIAL:
Councilman Williams recused himself from the consideration due to appearance of
Madrona Woods Final fairness, and he departed the Council Chambers at 7:20 p.m. Director Collins then
Subdivision reviewed details pertinent to the Madrona Woods final subdivision, noting that the
Planning Commission had recommended approval. The project has been funded with
grant funds and, because those grant funds will not be available to construct the
required infrastructure until the final plat is approved, the Housing Authority has
submitted an Interlocal Agreement to install the infrastructure improvements following
final plat approval. These types of improvements are typically done prior to final plat
approval; however, the Interlocal Agreement is allowed by State statute. Director
Collins reported that, before any occupancy can occur, all roadway and utility
improvements for Phase I must be complete. Improvement requirements for Phase 2
have a deadline of October, 2005. Because the City is deviating from standard
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5077 CITY COUNCIL MEETING
November 4, 2003
PUBLIC HEARINGS - practice, it is recommended that the Council act first on the agreement and then the
QUASI-JUDICIAL: final plat.
(Cont'd)
Mayor Wiggins asked how the City would serve as the security for the Housing
Madrona Woods Final Authority, and Director Collins clarified that, under State statute, the City is allowed
Subdivision (Cont'd) to underwrite the infrastructure improvements instead of having the usual bonding or
installation done at the time of final plat. The City would essentially support the
Housing Authority by agreeing that the work will be done. Attorney Knutson added
that the Interlocal Agreementis the City' s security in accepting the Housing Authority' s
word that they have the funding to completethe infrastructure. Discussion followed,
and Director Collins provided further clarification concerning the final plat.
Mayor Wiggins opened the public hearing at 7:25 p.m.
Pam Tietz, Executive Director of the Housing Authority, thanked the City Attorney for
his assistance and his understanding of how the agreement benefits both parties, as it
will further the City's goals contained in the Housing Elementof the Comprehensive
Plan. She further thanked Mike Szatlocky, who donated his services as a civil engineer
on the project. Ms. Tietz indicated City staffhas been most helpful on this 20-unit
project, which will provide affordable housing and home ownership for people who
make less than 80% of the median income. She felt the subdivision will improve the
infrastructure on the west end, and she asked the Council to support the Interlocal
Agreement and the final plat.
Mayor Wiggins closed the public hearing at 7:28 p.m., after which Councilmember
Erickson moved to approve the Interlocal Agreement between the City of Port
Angeles and the Housing Authority. The motion was seconded by Councilman
Braun and carried unanimously.
Councilman Campbell moved to approve the final plat of the Madrona Woods
Subdivision and authorize the Mayor to sign the final mylar, citing Findings 1 -
33 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 Councilmember
Rogers and carried unanimously.
Break Mayor Wiggins recessed the meeting for a break at 7:30 p.m. The meeting reconvened
at 7:45 p.m. Councilman Williams rejoined the Council at this time.
Fine ArtsCenter Fine Arts Center: Mayor Wiggins acknowledged the presence of various
representatives of the Fine Arts Center. Darlene Ryan, 1217 E. 7th, Chairman of the
Board of Trustees of the Fine Arts Center, expressed the Center's sincere thanks to the
City for its ongoing support. She acknowledged the Center's Director, Jake Seniuk,
who makes the Center function so successfully on a limited budget. Further, she
expressed appreciation to Parks Director Connelly and Finance Director Ziomkowski
for their support, and to the City Council for funding provided over the past two years.
Ms. Ryan reviewed the hard work provided by many volunteers, as well as efforts to
foster fund-raising activities on behalf of the Center. She informed the Council that
Jake Seniuk, Director of the Fine Arts Center, submitted grant applications for
additional funding next year. Other fund-raising activities include a cook book, as well
as an annual gala scheduled to be held December 18th. Jake Seniuk approached the
podium, acknowledging Councilmember Rogers for bringing dignitaries to the Center;
Chris Gordon, President of the Friends; Jane Hughes, the first Board President; Jeanne
Martin, Board member; and Susanne Hayden, Board member. Mr. Seniuk reviewed
an upcoming celebration honoring the 100th Birthday of Esther Webster. Ms. Hayden
and Ms. Martin then addressed the Council, praising the Council for budgetary support
and thanking Directors Ziomkowski and Connelly for their ongoing support. Director
Connelly offered commentaries as to the awards won by the Center and the fact that the
success of the Center can be attributed to the commitment of the many volunteers.
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CITY COUNCIL MEETING 5078
November 4, 2003
FINANCE: 2. Issuance and Sale of $4,295,000 Water and Wastewater Utility Revenue
(Cont'd) Bonds:
Issuance and Sale of Director Ziomkowski distributed updated copies of the Ordinance for the Water and
$4,295,000 Water and Wastewater Utility Revenue Bonds, as well as the Bond Purchase Agreement, and the
Wastewater Utility Pricing Report. She introduced Steve Gaidos, the City's financial adviser, and Jean
Revenue Bonds Baker, the City's underwriter. Director Ziomkowski watched the sale of the City's
Ordinance No. 3148 bonds on-line for a total of $4,220,000 at a net cost of 4.49%. This is a 25-year bond.
Steve Gaidos discussed with the Council the pricing for the bonds, as well as the
comparable sales. He felt this was a very attractive offer. Following brief discussion,
Mayor Wiggins read the Ordinance by title, entitled
ORDINANCE NO. 3148
AN ORDINANCE of the City of Port Angeles, Washington, authorizing
the issuance and sale of water and wastewater utility revenue bonds
of the City in the principal amount of $4,220,000 to finance the cost
of improvements to the City's water and wastewater utility; fixing
the date, form, terms, maturities and covenants of such bonds; and
authorizing the sale of such bonds.
Councilman Braun moved to adopt the Ordinance as read by title. The motion
was seconded by Councilman Headrick. Director Ziomkowski clarified the intended
use of the funds, after which a vote was taken on the motion, which carried
unanimously.
Water System SCADA 3. Water System SCADA Upgrades, Project 03-16:
Upgrades
Director Cutler reviewed the proposed SCADA upgrades for the water system.
Councilman Campbell moved to award and authorize the Mayor to sign a
contract with S&B, Inc., to complete the necessary SCADA upgrades for an
amount not to exceed $15,180.46. The motion was seconded by Councilman
Braun. Following brief discussion, a vote was taken on the motion which carried
unanimously.
Multi-Agency Reciprocal 4. Multi-Agency Reciprocal Maintenance Agreement:
Maintenance Agreement
Director Cutler summarized the Multi-Agency Reciprocal Maintenance Agreement that
will involve assistance for construction and maintenance activities, as well as
purchasing of supplies. This is similar to an agreement the City has with the P.U.D.
Councilman Williams moved to approve and authorize the City Manager to sign
the Multi-Agency Reciprocal Maintenance Agreement. The motion ~vas seconded
by Councilman Campbell and carried unanimously.
Downtown Signal 5. Downtown Signal Renovation, Project 03-01:
Renovation
Director Cutler reviewed the City's efforts to improve signalization throughout the City
and, in conjunction with those efforts, the downtown signal renovation received grant
funds as part of the Gateway project. He reviewed the bids received, noting they were
well below the engineer's estimate. Councilman Williams was interested in knowing
if opticom could be a consideration in the future for the Transit buses, and Director
Cutler indicated he would need to check into that possibility. Councilman Braun
moved to award and authorize the Mayor to sign the contract for the Downtown
Signal Renovation, Project No. 03-01, to Signal Electric, Inc., of Kent, WA, in the
amount of $301,368.00. The motion was seconded by Councilman Headrick.
Following brief discussion, a vote was taken on the motion, which carried
unanimously.
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5079 CITY COUNCIL MEETING
November 4, 2003
Interlocal Agreement 6. Interlocal Agreement with Clallam County and Cities of Forks and Sequim
with Clallam County and regarding Distribution of Low Income Housing Funds:
Cities of Forks and Sequim
re. Distribution of Low Manager Quinn presented information concerning the Interlocal Agreement with the
Income Housing Funds County and the Cities of Forks and Sequim pertinent to low income housing funds that
are being generated by a surcharge of $10.00 on recorded documents. He noted the
other entities have already approved the agreement. Pam Tietz, Housing Authority
Executive Director, provided further information in that these funds are intended to
replace other such funding that was cut. Councilman Braun moved to authorize the
Mayor to sign the Interlocal Agreement with Clallam County and the Cities of
Forks and Sequim regarding distribution of SItB2060 funds. The motion was
seconded by Councilman Campbell and carried unanimously.
Contract for Entryway 7. Contract for Entryway Street Trees, Project 03-19:
Street Trees
Director Cutler informed the Council that the bids for the street trees came in much
higher than budgeted, and he indicated the Council could opt to allocate additional
funding toward the project, it could award the project at a reduced number of trees to
remain within the budget, or it could reject the bids. Discussion ensued, and
Councilman Williams suggested a capital project of $25,000 for the section of Race to
Lincoln on Front Street. He felt it would be helpful to address the areas of the parking
strips and the sidewalks that need attention, noting that his preferred focus would be
on capital as opposed to maintenance. He acknowledged this would be a change in the
entire work plan. Lengthy discussion followed, and Manager Quinn indicated there is
a need to better define what is envisioned for the entire project. Mayor Wiggins
inquired as to whether the Parks Department could prepare a proposal for the Council's
review, and Parks Director Connelly agreed that it would make sense to create a
comprehensive landscaping plan for the entire corridor. Councilman Williams asked
that consideration also be given to providing irrigation in the area. Councilmember
Rogers suggested there are innovative ways to get a great deal of this work
accomplished, such as through a joint work effort with the Chamber of Commerce.
Councilmember Rogers moved to reject the bids and direct staff to re-advertise
in 2004. The motion was seconded by Councilman Williams and carried
unanimously. Director Connelly indicated he would proceed immediately with the
formulation of a landscaping plan.
CONSENT AGENDA: Councilman Braun moved to accept the Consent Agenda, to include: 1.) City
Council Minutes of October 21, 2003 and draft Special City Council Meeting /
Gateway minutes - October 16, 2003; 2.) Expenditure Approval List - October 27,
2003 - $456,423.57; and 3.) Electronic Payments - October 27, 2003 - $151,272.00.
The motion was seconded by Councilman Williams and carried unanimously.
CITY COUNCIL Councilman Braun attended a meeting of the Clallam County Historical Society
COMMITTEE Education Committee, the dedication of the new Serenity House, the ceremony
REPORTS & honoring Representative Jim Buck as the Housing Hero, a meeting of the Historical
CALENDAR: Society Board, and the tour of the graving yard.
Councilman Campbell reviewed actions taken by the Lodging Tax Advisory Committee
pertinent to Randal Ehm's proposed schedule for advancing the hotel/conference center
project. The application for environmental and building permits must be in by April,
2004, and the financial arrangements must be complete by September, 2004. Mr. Ehm
already agreed to complete the parking requirements, he will update the pro forma and
business plan, and he will provide monthly status reports.
Councilmember Rogers has been working on State and Federal legislative issues.
Councilman Williams highlighted an article from the Public Power Counsel having to
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CITY COUNCIL MEETING 5080
November 4, 2003
CITY COUNCIL do with salmon crossroads and the fact that more salmon are returning to the
COMMITTEE Bonneville Dam than ever before. Contradictory information has been disseminated
REPORTS & by other groups.
CALENDAR: (Cont'd)
Manager Quinn announced the November 10th ribbon cutting ceremony at Westport.
Mayor Wiggins attended a hearing on methamphetamine usage, and he served ice
cream to the students at Jefferson School.
ORDINANCES NOT 1. Ordinance Amending Employee Benefits Package for Management and
REQUIRING PUBLIC Administrative Employees:
HEARINGS:
Human Resources Manager Coons presented an Ordinance amending employee
Ordinance Amending benefits for the Management and Administrative employees, to include the addition of
Employee Benefits Package Martin Luther King Day, as well as employee participation in the payment of health
for Management and care premiums. Councilmember Erickson noted the accumulation of leave benefits for
Administrative Employees Department Heads, feeling the pay-off is excessive and constitutes a liability to the
Ordinance No. 3149 City. After further discussion, it was agreed that any further consideration of the matter
should be deferred to the coming year.
Mayor Wiggins read the Ordinance by title, entitled
ORDINANCE NO. 3149
AN ORDINANCE of the City of Port Angeles, Washington, revising
the fringe benefits plan for the City's Management, Administrative,
and Non-Represented Personnel and amending Ordinance 3048.
Councilman Braun moved to adopt the Ordinance as read by title. The motion
was seconded by Councilmember Rogers and carried unanimously.
RESOLUTIONS: 1. Resolution Setting Public Hearing for "K" Street Vacation:
Set Public Hearing for Director Collins offered a correction to the Resolution in that the public hearing would
"K" Street Vacation be set for December 2, 2003. Councilman Williams indicated the proposed street
vacation had been reviewed by the Real Estate Committee; however, in light of current
discussions concerning the graving yard, he recommended the matter be deferred.
Therefore, Councilman Williams moved to table the matter to the next Council
meeting. The motion was seconded by Councilmember Rogers and carried
unanimously.
Declare State of Emergency 2. Resolution Declaring State of Emergency Due to Heavy Rainfall and High
Due to Heavy Rainfall and Wind:
High Wind
Resolution No. 11-03 Director Cutler reviewed the Resolution declaring a State of Emergency, and
Councilmember Rogers inquired as to whether the slide above the Red Lion could be
monitored for possible inclusion in a Resolution of this nature. Director Cutler
indicated the area is being monitored closely by City staff. Mayor Wiggins read the
Resolution by title, entitled
RESOLUTION NO. 11-03
A RESOLUTION of the City Council of the City of Port Angeles,
declaring a state of emergency and authorizing the request of
State and/or Federal emergency assistance.
Councilman Williams moved to pass the Resolution as read by title. The motion
was seconded by Councilmember Rogers. Councilmember Erickson took exception
-9-
5081 CITY COUNCIL MEETING
November 4, 2003
Declare State of Emergency to the Resolution, feeling that emergency funding is intended for use in a major
Due to Heavy Rainfall and disaster. Director Cutler pointed out that all declarations of emergency are gathered
High Wind at the State level, and a specific threshold must be met in order for the State to gain
Resolution No. 11-03 emergency funding. This Resolution would assist in that regard. A vote was taken on
(Cont' d) the motion, which carried 6-1, with Councilmember Erickson voting in opposition.
OTHER 1. Findings and Conclusions - SEPA / CUP 03-10 Appeals:
CONSIDERATIONS:
Director Collins presented for consideration the Findings and Conclusions associated
Findings & Conclusions - with the denial ofDNS#1040 and CUP 03-19. Councilman Headrick recused himself
SEPA / CUP 03-10 from the consideration. Following brief discussion, Councilman Williams moved to
Appeals adopt Findings 1 - 29 and Conclusions 1 - 3 in denying the appeal of DNS//1040
and Findings 1 - 16 and Conclusions 1 - 6 in denying the appeal of CUP 03-10, as
set forth in Exhibits "B" and "C", which are attached to and become a part of
these minutes. The motion was seconded by Councilmember Rogers and carried
6-0.
Labor Contract with 2. Labor Contract with AFSCME #1619:
AFSCME #1619
Human Resources Manager Coons presented the labor contract with AFSCME Local
/ti 619 for the period, January 1, 2003 through December 31, 2005. He summarized
changes in the contract, such as the portion of medical premiums to be paid by the
employees, cost of living increases, and the addition of Martin Luther King Day as a
recognized paid holiday. Councilmember Rogers moved to approve and authorize
the Mayor to sign the labor contract between the City and AFSCME covering the
period of January 1, 2003 - December 31, 2005, including retroactive wages for
2003. The motion was seconded by Councilman Braun. Councilmember Rogers
asked that a letter of appreciation be sent to the employees in the union, thanking them
for their diligence in the negotiations, particularly as relates to the crisis on healthcare
costs. Words of appreciation were also extended to Manager Quinn, Attorney Knutson,
and Human Resources Manager Coons for their leadership throughout the negotiations.
A vote was taken on the motion, which carried unanimously.
Amendment to IBEW 3. Amendment to IBEW #997 Labor Contract:
#997 Labor Contract
Human Resources Manager Coons briefly summarized the Memorandum of
Understanding as an amendment to the IBEW #997 labor contract. The cost of health
benefits was negotiated for the final two years of the agreement to December 31, 2004,
establishing employee contributions toward a portion of the medical premium.
Councilmember Rogers moved to approve and authorize the Mayor to sign the
Memorandum of Understanding to the labor contract between the City and
IBEW #997 for the contract covering 2002-2004. The motion was seconded by
Councilman Campbell and carried unanimously. Councilmember Rogers asked that
a letter of appreciation be sent to the members of IBEW #997.
Break Mayor Wiggins recessed the meeting for a break at 9:15 p.m. The meeting reconvened
at 9:25 p.m.
PUBLIC HEARINGS - Budget Hearing on Revenue for Year 2004:
OTHER:
Director Ziomkowski provided for the Council a PowerPoint demonstration of the
Budget Hearing on HTE budgeting system. She informed the Council that projected revenues for 2004 are
Revenue for Year 2004 $74.5 million, to include approximately $7.5 million fromreserves. Using PowerPoint
slides, Director Ziomkowski reviewed revenues by fund type and source, and she
addressed the matter of 2004 property taxes. Property taxes are limited to the lesser
of the rate of the IPD or 1%, and she noted the Citymay levy up to $3.60 per $1,000
assessed value less the Library's levy. The assessed valuation figure has not yet been
received from the County, so the projected figures are not yet fmal. Director
- 10-
CITY COUNCIL MEETING 5082
November 4, 2003
PUBLIC HEARINGS - Ziomkowski has been assured by the County that the figure will be available no later
OTHER: than November 12th.
(Cont'd)
Director Ziomkowskireviewed the special levies for the City, which are approximately
Budget Hearing on 19% more than in 2003 at a rate of $0.66 per $1,000 for a total of $108,563. The
Revenue for Year 2004 levies included are the Library Bond and the Refunding Bond for the Senior Center and
(Cont'd) the Fire Hall. Property tax allocations include 17% for debt service, 11% for the Street
Fund, and 72% for the General Fund. Slightly increased revenue has been projected
for Sales Tax at 4.4% more than 2003, as well as Utility Taxes at approximately 3%
over the 2003 level. She reviewed other aspects of projected revenues, noting that
there are no proposed increases in revenues for 2004. Director Ziomkowski
summarized income fromintergovernmentalsources, license and permits, interest, fine
and forfeitures, and charges for services. She then summarized in detail the projected
revenue for each of the utilities.
Mayor Wiggins opened the public hearing at 10:15 p.m. There being no public
testimony, the public hearing was closed at 10:15 p.m.
INFORMATION: Manager Quinn referenced a meeting held earlier in the day of the Port Angeles
Business Association, at which time a presentation was made concerning the proposed
Eastern UGA sewer. It has been suggested that a Councilmember join the meetings
being held on the matter, and Councilman Headrick indicated his willingness to
participate.
Manager Quinn announced the City has reached tentative agreement with the Non~
Sworn Teamsters union; the agreement will be brought to the next Council meeting if
it is ratified.
Councilmember Rogers addressed the draft declaration statement coficeming the Elwha
Tribe and the artifacts being found at the graving yard site. Following brief discussion,
Councilman Williams moved that the Council sign the declaration statement,
inclusive of minor corrections and changes to be made. The motion was seconded
by Councilman Campbell and carried unanimously.
EXECUTIVE SESSION: None.
ADJOURNMENT: The meeting was adjourned at 10:25 p.m.
Glenn W~ggms, Mayor Beck), J. Uptq, Ci~fi~Clerk ~-- --
-11-
Exhibit "A"
5083
Findings and Conclusions in support of the Madrona Woods Final Subdivision:
Findings:
1. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the
approval of subdivisions.
2. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform
division of land 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 schoolgrounds, and shall consider all other relevant facts including sidewalks and other
planning features that assure safe walking conditions for students who only walk to and from
school and whether the public interest will be served by the subdivision. A proposed subdivision
shall not be approved unless the city can make written findings that these provisions are made.
3. Section 16.08.050(B)(1) PAMC provides that the Planning Commission shall examine the
proposed plat, along with written recommendations of the City Departments, and shall either
approve or disapprove the submittal. A recommendation thereon shall be forwarded to the City
Council within a period of 90 days after a preliminary plat has been submitted to the City
Planning Department. The City Council shall either approve or disapprove the proposed
preliminary plat at a public meeting.
4. The final plat subdivides the 5.23 acres of land into 19 residential lots. The 19 residential
building lots range in size from 9,002 to 10,286 square feet. A tract for drainage and recreation
will also be created.
5. The preliminary plat application includes a drawing received and dated February 21, 2003,
prepared for the Housing Authority of Clallam County by The Cedarwood Group, provided in
Attachment B to the staff report which was used as the basis for the preliminary plat review. The
final plat will be entitled Madrona Woods Subdivision.
6. The proposed Madrona Woods Subdivision site is located along "O" Street at its intersection
with 18t~ Street and is legally described as a portion of Block 101, Suburban Lot of Port Angeles,
WA in a portion of Section 6, Township 30 North, Range 6 West, W.M.
7. Surrounding properties are developed with low density single family residential uses to the north
and west, and light industrial use to the south. Property adjacent to the east contains a single
family residence and property to the east is also is being developed as an adult family shelter
with three multi-family developments continuing to the east. The area south of 18th Street is
partially developed as the Fairchild Airport Industrial Park. Several other parcels in the vicinity
are undeveloped.
8. The site is currently served by 18® Street and "O" Street, neither of which is fully developed to
City street standards for collector arterial streets. The applicant shall participate in future
improvements to 16th Street by signing a no protest agreement to the formation of and
participation in a Local Improvement District (LID) for the improvement of 16th Street. The
interior 12 lots will gain access from Arbutus Lane, a cul de sac interior to the subdivision.
5084
Madrona Woods Final Subdivision
November 4, 2003
Page 2
Transit service is available along both "O" Street and 18t~ Street with a bus stop at property
directly east of the site.
9. The proposed final plat was reviewed by the City's Fire, Public Works and Utilities, Parks and
Recreation, and Community Development Departments.
10. Public notice of the subdivision preliminary plat application was published on March 9, 2003, in
the Peninsula Daily News and posted on the site and mailed to property owners within 300 feet
of the proposed subdivision on March 5, 2003.
11. The proposal has been reviewed with respect to the Comprehensive Plan. The subject property is
identified as Low Density Residential (LDR) on the Port Angeles Comprehensive Plan Land Use
Map. 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, Policies
B. 1-B.4, Goal I, Policies I. 1-1.4, Objective I. 1; Transportation Element Goal A, Policies A.3 and
A.6; Utilities and Public Services Element Policy 2.C and D. 1; Housing Element Goal A; Capital
Facilities Element Goal A, Policies A.2, A.9-A. 11, Goal B, Policies B.6-B.7, Goal C, Policies
C.3- C.4.
12. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service,
and electrical service (Capital Facilities Element Policy A.9).
13. The Comprehensive Plan recommends concurrency for solid waste collection, stormwater
management, telecommunications service, and emergency services (police, fire and emergency
medical response) (Capital Facilities Element Policy A. 10).
14. The City's Comprehensive Plan (Land Use Element Goal B) states the intention to have a
community where residential development and use of the land are done in a manner that is
compatible with the environment, the characteristics of the use and the users, and the desired
urban design of the City.
15. The subject property is identified by the Port Angeles Zoning Map as Single Family Residential
(RS-9), which allows a density of up to 6.22 units per acre. The proposed final plat drawing
indicates that each of the 19 residential lots in the proposed subdivision will be at least 9,000
square feet in size.
16. All required utility improvements including potable water, sanitary waste, electrical, and refuse
collection have been provided to the subdivision or are available in the area.
17. The Port Angeles School District No. 121 serves the area, and school capacity is currently not an
issue with the present trend in declining enrollments.
18. The site is currently served by the City's Police, Fire, and Public Works Departments.
19. Building permits are required for all structures on any approved building lots. All local Building
and Fire Codes apply to any new construction on the subject property.
20. Clearing and grading permits are not required for any initial site development on sites less than
one acre in size and not designated as an environmentally sensitive area by the City.
Madrona Woods Final Subdivision 5085
November 4, 2003
Page 3
21. The City's State Environmental Policy Act (SEPA) Official issued a Determination of
NonSignificance (DNS #1023) on March 21, 2003, satisfying the City's SEPA responsibility.
22. All necessary easements for access, drainage, and utilities are shown on the final plat.
23. The applicant shall participate in future improvements to 16~ Street by signing a no protest
agreement to the formation of and participation in a Local Improvement District (LID) for the
improvement of 16th Street.
24. The stormwater drainage improvements shall be installed per the City's Urban Services
Standards and Guidelines. Storm drainage facilities shall be installed prior to or concurrently
with other infrastructure development.
25. Both 18th Street and "O" Street adjacent to this subdivision shall be improved to the center line
plus 10 feet to meet City standards.
26. The fire sprinkler system as required by the Fire Department shall be a condition of any new
residential building permit as shown on the face of the plat.
27. Electrical, telecommunications, and street lighting shall be installed by the Housing Authority
per the interlocal agreement between the Housing Authority of Clallam County and the City of
Port Angeles. All power lines serving this subdivision shall be installed underground per City
design and easement requirements.
28. Address numbers are identified and placed on the final plat as provided by the City.
29. Drainage facilities (piping and infiltration basin) are located on a separate tract and a utility
easement a minimum of 20 feet in width adjacent to property line has been created. The
infiltration basin shall be enclosed by a security fence if the drainage facility poses a threat to
public safety.
30. The City of Port Angeles and the Housing Authority of Clallam CoUnty have committed through
an interlocal agreement to secure the installation of all street and utility improvements required
for the final plat to the satisfaction of the City Engineer with a total estimated cost of $395,713.
31. The subdivision will be developed in two phases with Phase I to include Lots 1 through 8 and a
separate lot that is not part of the Madrona Woods Subdivision. Phase II will include Lots 9 to
19, the drainage/recreation lot, and Arbutus Lane.
32. The face of the plat shall provides a restriction that no occupancy of dwelling units shall not
allowed until all roadway and utility improvements have been completed and approved by the
City Engineer for each phase of the subdivision.
33. The final subdivision was reviewed by the Planning Commission at a public meeting on October
22, 2003, and a recommendation of approval was forwarded to the City Council.
Conclusions:
A. The conditions of the Madrona Woods Subdivision were required by the Subdivision Ordinance
and necessary to implement the Comprehensive Plan goals and policies.
Madrona Woods Final Subdivision 5086
November 4, 2003
Page 4
B. The site is zoned RS-9, which allows less than 5 units per acre and is intended to be for the
development of single family homes. The configuration of the proposed subdivision lots and
street layout conform to the desired urban design of the City for the RS-9 Zone. The subject site
is located in an area with a grid street system and should be developed with low density housing
units to achieve the desired urban design of the City.
C. As conditioned, the final plat is consistent with the Comprehensive Plan and Zoning Code.
D. As conditioned, the final plat is in conformance with the Port Angeles Subdivision Ordinance,
Chapter 16.08 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW.
E. 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.
F. As conditioned, the public interest is served in the platting of this subdivision as articulated in
the City's Comprehensive Plan, Subdivision, and Zoning Ordinances. The subdivision provides
for development of new homes within the City of Port Angeles consistent with the Growth
Management Act and beneficial to the City's tax base.
Adopted by the Port Angeles City Council at its meeting of November 4, 2003.
~G'~enn Wiggins, Mayor
Beck~ J. U~'~, C~ ~l~rh/- --
T:\SUB~Vladrona Woods.f&c.wpd
Exhibit "B"
5087
FINDINGS AND CONCLUSIONS IN SUPPORT OF UPHOLDING THE SEPA RESPONSIBLE
OFFICIAL'S DETERMINATION OF NONSIGNIFICANCE # 1040 FOR CUP 03-10 MORRISON
DUPLEX
Findings:
1. A SEPA checklist was submitted on June 24, 2003, for the development of one duplex on
a 5.14 acre parcel off Old Mill Road prior to a proposed subdivision of the 5.14 acre site.
2. A DNS #1040 for the duplex conditional use permit proposal and adoption of the existing
DNS #1000 was issued on August 7, 2003.
3. A timely appeal of the SEPA Determination ofNonSignificance DNS #1040 and Adoption
of Existing Environmental Documents (DNS #1000) was filed by Craig Ritchie as attorney
for Lisa Del Guzzi on August 21, 2003.
4. On August 27, 2003, the City of Port Angeles Planning Commission approved a Conditional
Use Permit (CUP 03-10) to construct a duplex on the 5.14 acre site located along Old Mill
Road.
5. The proposed design of the duplex is for a 2,336 square foot residential structure with a two-
car garage that is typical of many single family residences in the zone and vicinity.
6. The SEPA appeal was consolidated per WAC 197-11-680(3) and PAMC 15.04.280 and
18.02120 with the underlying action regarding approval of a conditional use permit (CUP
03-10) required for a duplex in the RS-9 Zone.
7. The SEPA appeal was based on the following specific issues:
Issue #1 - "The City's storm drainage system is inadequate as stated in numerous
documents and hearings before the City Council and Planning Commission, and
drainage of the wetland into the current stormwater drainage system during heavy
rainfall is not adequate."
Issue #2 - "Previously the City had designated the area as critical areas, wetland, and
has allowed the developer to fill in the property, which was a former wetland, and
now apparently claims that because it is filled in it is no longer a wetland... The
objection is that the City has failed to recognize its former decisions that this area is
wetland and is not complying with any of PAMC 15.24."
Issue #3 -"The City's effective approval of this drainage plan creates liability for the
City for approving the development should the inevitable happen and flooding and
drainage occur due to the changed slope of the land... Further, the actions of the City
in August of 2002 apparently approving filling and grading did not take into
consideration the developer's plans."
Issue #4 - The underlying contention by the appellant is that area is a wetland and
should not be disturbed.
8. Wet areas exist in the vicinity of the subject site, which was shown to have wetland areas on
an old Clallam County map and a more recent wetlands study map done for the City of Port
Angeles.
9. The City did not make a decision that the subject site was a regulated wetland but had been
working with the property owner on a delineation of wetlands in the area.
5088
DNS #! 040 Appeal Findings & Conclusions
November 4, 2003
Page 2
10. A previous SEPA checklist was reviewed in 2002 for a cleating and grading permit in
preparation for a 13-lot subdivision, access road, and drainage facilities conceptualized at
that time, and a Determination of NonSignificance #1000 was issued on August 12, 2002.
11. A Clearing and Grading Permit was issued on August 13, 2002.
12. In approving the clearing and grading permit, the City reached the decision that the subject
site did not have a regulated wetland per PAMC 15.24.
13. The authorization to fill the unregulated wetland areas on the subject site was made after
review of a valid Cleating, Grading, and Filling Permit application and SEPA checklist that
were submitted in 2002.
14. The information in the 2002 SEPA checklist indicated that the intent of the developer was
to subdivide the land at some time in the future into 13 residential lots, to provide a 500-foot
paved cu-de-sac access road, and to install a drainage system of adequate capacity to manage
stormwater after site development of as many as 13 residential lots.
15. The City Public Works staff approved a drainage plan with the Clearing and Grading Permit
for the subject property to alleviate existing surface water runoff problems not only on-site
but also off-site to the north and east which have received waters from the site in the past.
16. The SEPA checklist was reviewed by Department of Community Development staff, and the
Clearing, Grading, and Filling permit was reviewed by Public Works and Utilities
Department staff.
17. The review of the proposed storm drainage system was approved by City engineering staff
to be designed such that the recent flooding of the area and nearby homes would be reduced,
thereby affording relief from an ongoing problem.
18. Work on the site commenced in 2002 with the importing of soil and the installation of the
drainage system.
19. Subsequent to the site preparation being done, the applicant submitted a new application for
a conditional use permit to construct a duplex on the single parcel of land prior to
subdividing the property.
20. The 2003 CUP application was accompanied by a new SEPA checklist.
21. The developer's future plans have been included since the earliest conceptuaistages and,
therefore, were in fact considered even before CUP application for the duplex.
22. The original DNS #1000 and SEPA documents were reviewed, and a new DNS #1040 and
the Adoption of Existing Environmental Documents (the original SEPA checklist and DNS
#1000) were issued on August 7, 2003.
23. Field investigation by City staff and review of existing documents indicated that wetlands
do occur in the vicinity; however, the on-site area in dispute does not rise to the thresholds
set by PAMC 15.24 to be a wetland regulated by the City.
24. The area has been extensively altered over many years and does not contain all three required
indicators of a wetland..
25. A berm separating the site from a neighboring pond to the west has been in place for many
years as evidenced by an old fence and historical records.
26. While there are stormwater problems found generally throughout the City due to inadequate
storm drainage lines, the storm drainage system on the subject site and in Old Mill Road is
working sufficiently to handle stormwater from the proposed development.
DNS #1040 Appeal Findings & Conclusions 5089
November 4, 2003
Page 3
27. As required by SEPA, the applicant's future plans were made clear to City of Port Angeles
staff, and the 2002 proposal for clearing, grading, filling, and drainage was reviewed with
the knowledge that additional residential units would be developed on the site in the future.
28. Per RCW 43.21C.075, WAC 197-11-680, and PAMC 15.04.280, the determination of the
SEPA Responsible Official shall be given substantial weight.
29. In review of the appellants' appeal issues, the SEPA Responsible Official did not find
sufficient new information or evidence that the DNS should be changed or withdrawn.
Conclusions:
1. The 2002 clearing, grading, filling, and drainage work has been permitted and completed,
the appeal periods have expired for DNS # 1000 and for the Clearing and Grading Permit, and
thus the subject appeal issues related to the 2002 permit, DNS, and work are untimely and
moot.
2. Since the wet area on the subject property is primarily a drainage ditch and is below the size
threshold of 10,000 square feet for a Category IV wetland, the area is not a regulated wetland
per State law and City ordinance, and any impacts to the wet area from the proposed
development will be de minimus.
3. The issuance of a CUP for a duplex, and the construction of the duplex, will not have a
probable, significant, adverse environmental impact, based on the following factors:
1. The impervious areas of the proposed duplex are hardly distinguishable from a
similarly designed single family residence typical in this zone and vicinity.
2. The impacts of the proposed duplex are no more adverse than any low density
residential development for which the property can be used, and the scale of the
development would be exempt from SEPA review, except for the conditional use
minor land use decision.
3. Findings 1-29 and Conclusions 1-2 above.
Adopted by the Port Angeles City Council at its meeting of November 4, 2003.
~'~Glenn Wiggins, Mayor
Be-'~ky J. Ul~n~Cr~ty Cl~rk/-
Exhibit "C"
FINDINGS AND CONCLUSIONS IN SUPPORT OF DENIAL OF THE APPEAL OF CUP 03-10 5090
MORRISON DUPLEX
Findings:
1. On August 27, 2003, the City of Port Angeles Planning Commission approved a Conditional
Use Permit (CUP 03-10) to construct a duplex on a 5.14 acre site located along Old Mill
Road.
2. The proposed design of the duplex is for a 2,336 square foot residential structure with a two-
car garage that is typical of many single family residences in the zone and vicinity.
3. A timely appeal of the Conditional Use Permit 03-10 was filed by Virginia DelGuzzi
Frizzell and Lisa DelGuzzi on September 10, 2003.
4. The appeal of the conditional use permit is based on the following issues;
Issue #1 - Appellants take exception to the Conditions, Findings and Conclusions.
Issue #2 - Appellants object to the determination by the Planning Commission that
the conditional use for a multi-family residence in an RS-9 zone is authorized by the
Comprehensive Plan. It is respectfully submitted that the Planning Commission's
theory would authorize multi-family uses of any density in any zone, and would
essentially do away with zoning classifications for residences.
Issue #3 - The appellants object to the authorization to fill areas which have been
traditionally wet and/or covered with water because the Planning Department and/or
Planning Commission knew of the developer's plans in the future and refused to
consider the developer's plans for filling for the purpose of applying for development
purposes in the future, and consequently did not discuss or consider those issues in
the past.
5. The following citations from the City of Port Angeles Comprehensive Plan support the
decision to allow a duplex in the RS-9 Zone: (Emphasis added)
Housing Element
Goal A. To improve the variety, quality, availability, and affordability of housing
opportunities in the City of Port Angeles.
Policy 1. The City should expand the residential land use options in the Zoning Code by
classifying residential zones by allowed density rather than by housing types.
Goal B. To participate with Clallam County and other entities in programs to increase the
availability and affordability of public assisted housing and rental units as well as other
affordable housing opportunities.
Policy 6. Adequate low and moderate income housing opportunities should be provided
within the Port Angeles Planning Area.
5091
CUP 03-10 Appeal Findings & Conclusions
November 4, 2003
Page 2
Land Use Element
Description of Low Density Residential designation
Thc Land Use Map identifies three separate categories of residential development. Thc first
is Low Density Residential which allows an overall residential density of a project or
property to range up to 9 units per net acre. The high majority of residentially designated
property in the City will bc of this designation. It is intended for thc development of single
family homes. It also allows for the development of duplexes and planned residential
developments in accordance with thc underlying zoning.
Land Use Map Goal, Policies, and Objective
Goal A To guide current and future development within the City in a manner that
provides certainty to its citizens about future land use and the flexibility
necessary to meet the challenges and opportunities of the future.
Policy 1. The Comprehensive Plan Land Use Map should bc used as a conceptual
guide for determining current and long range zoning and other land use
decisions. The map's land use designations are intended to show areas where
general land use types are allowed. The area between land use designations
should be considered an imprecise margin in order to provide flexibility in
determining the boundary of such areas. When determining appropriate
zoning designations for an area near a margin, the goals, policies and
objectives of the Land Use Element should take precedence.
Residential Goals and Policies
Goal C. To have a community of viable districts and neighborhoods with a variety of
residential opportunities for personal interaction, fulfillment and enjoyment,
attractive to people of all ages, characteristics and interests.
Policy 1. Residential land should be developed on the district and neighborhood
concept. Although such districts may be composed primarily of residential
uses of a uniform density, a healthy, viable district should be composed of
residential uses o fvarying densities which may be augmented by subordinate
and compatible uses. Single family and multi-family homes, parks and open-
spaces, schools, churches, day care and residential services, home
occupations, and district shopping areas are all legitimate components of
district development and enhancement. A neighborhood should be primarily
composed of low, medium, or high density housing.
CUP 03-10 Appeal Findings & Conclusions 5092
November 4, 2003
Page 3
Growth Management Element
Goal A. To manage growth in a responsible manner that is beneficial to the
community as a whole, is sensitive to the rights and needs of individuals and
is consistent with the State of Washington's Growth Management Act.
Policy 1. In all its actions and to the extent consistent with the provisions of this
comprehensive plan, the City shall strive to implement the following goals
of the State Growth Management Act:
a. Urban growth. Encourage development in urban areas where adequate
public facilities and services exist or can be provided in an efficient manner.
b. Reduce sprawl. Reduce the inappropriate conversion of undeveloped land
into sprawling, low-density development.
d. Housing. Encourage the availability of affordable housing to all economic
segments of the population. Promote a variety of residential densities and
housing types, and encourage preservation of existing housing stock.
6. No definition of single-family residential, multi-family residential, or duplex exists in the
Comprehensive Plan.
7. The following citations from the City of Port Angeles Zoning Code support the decision to
allow a duplex in the RS-9 Zone: (Emphasis added)
The Zoning Code defines duplex and multi-family residential as follows:
DupLex - a residential building containing two one-family dwelling units within the four
walls of the building.
Dwelling, Multi-family - a building or a portion thereof containing three or more dwelling
units.
There is specific language in the Zoning Code describing requirements for duplexes in single
family residential zones. Port Angeles Municipal Code Section 17.11.040(H) allows
duplexes in the RS-9 Zone. PAMC 17.11.050(C) and Table "A" provide for a larger
minimum lot area of 14,000 square feet for duplexes in the RS-9 Zone and a larger minimum
lot width of 100 feet as well.
PAMC 17.96.050 describes the procedures for review of conditional use permits and the
criteria for denying a conditional use permit related to incompatible, detrimental, or
hazardous conditions. A conditional use permit is defined in PAMC 17.08.020(C).
8. The Planning Commission has approved a duplex in an RS-9 zoned neighborhood in many
parts of the City but has also limited how many duplexes can be approved within a block or
an area without creating a de facto rezone to multi-family densities.
9. Testimony was provided at the August 27, 2003, public hearing that there were three
approved duplexes in the same zone but some distance from the subject site.
10. During the public heating on the matter, City staff stated that the development of additional
duplex units on the site in the future would require review of a separate conditional use
permit for each proposed duplex and that it is unlikely that the Planning Commission would
approve any other duplexes on the site without a rezone.
CUP 03-10 Appeal Findings & Conclusions 5093
November 4, 2003
Page 4
11. Staff also pointed out during the public hearing that duplexes require larger lot sizes than
single family residences.
12. The authorization to fill the above stated areas was made after review ora valid Clearing,
Grading, and Filling Permit application and SEPA checklist were submitted in 2002.
13. The information in the SEPA checklist indicated that the intent of the developer was to
subdivide the land at some time in the future into 13 residential lots, provide a 500-foot
paved cu-de-sac access road, and to install a drainage system of adequate capacity to dewater
the site after development of the 13 residential lots.
14. The SEPA checklist was reviewed by Community Development staff and the Clearing,
Grading, and Filling permit was reviewed by Public Works and Utilities Department staff.
15. A Determination of NonSignificance was issued on August 12, 2002, and the Clearing and
Grading Permit was issued on August 13, 2002.
16. Work on the site commenced with the importing of soil and the installation of the drainage
system.
Conclusions:
1. The Planning Commission's findings and conclusions are supported by the evidence in the
record and are hereby upheld and adopted in their entirety.
2. The appellant's general objection to the Planning Commission's conditions, findings, and
conclusions lacks specificity and is rejected.
3. The Comprehensive Plan and Zoning Code allow duplexes to be approved by a conditional
use permit in the RS-9 Zone.
4. The Planning Commission's approval of the CUP does not defeat the purpose of the Zoning
Code by introducing incompatible, detrimental, or hazardous conditions and does not
authorize multi-family uses of any density in any zone by approving a single duplex at a
given location in a particular single family residential zone.
5. The issue of past filling and grading is not relevant to the duplex conditional use permit
approval, since the work was previously permitted and completed (see the findings and
conclusions on the Appeal of DNS #1040 for CUP 03-10).
6. As required by PAMC 17.96.050, CUP 03-10 is consistent with the purpose of the RS-9 zone
and with the Comprehensive Plan, is not contrary to the public use and interest, and is
conditioned to assure the maximum degree of compatibility between uses, based on the
following factors:
1. The impervious areas of the proposed duplex are hardly distinguishable from a
similarly designed single family residence typical in this zone and vicinity.
2. An elevation in scale and like facade to a single family residential structure was
approved by the Planning Commission in its conditional use permit decision.
3.Findings 1-16 and Conclusions 1-5 above.
Adopted by the Port Angeles City Council at its meeting of November 4, 2003.
~lenn Wiggins, Mayor
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