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Agenda Packet 02/15/2005
pORTANGELES W A S H ~ N G T O N, U. S. A. AGENDA CITY COUNCIL MEETING 321 EAST FIFTH STREET February 15, 2005 SPECIAL MEETING - 4:00 p.m. REGULAR MEETING - 6:00 p.m. A. CALL TO ORDER - Special Meeting (4:00 p.m.) WORK SESSION: Interview Candidates for Planning Commission, followed by Executive Session subject to RCW 42.30.110(g) to evaluate applicant qualifications A. CALL TO ORDER - Regular Meeting (6:00 p.m.) ROLL CALL - PLEDGE OF ALLEGIANCE - (Information provided under separate cover) CEREMONIAL MATTERS & 1. Introduction of Indonesian Delegates PROCLAMATIONS WORK SESSION (1) LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS as determined by City Manager or City Council member (2) PUBLIC COMMENT This is an opportunity for members of the public to speak to the City Council about anything. To allow time for the Council to complete its legislative agenda, comments should be limited to no more than 5 minutes perperson and a total of 15 minutes for this commentperiod. (These timeperiods may be lengthened or shortened at the discretion of the Mayor.) FINANCE 1. 2005 Brown and Caldwcll Consultant 1 Agreement 2. Skillings-Connolly Agreement Amendment 3. Paramctrix Agreement Amendment 4. Contract with Humane Society 5. Agreement for Rcplaccmcnt of Carpet at 19 Senior Center 6. Apprentice Lineman Position 1. Approve Agreement 2. Approve Amendment 3. Approve Amendment 4. Approve Contract 5. Approve Agreement 6. Authorize Additional Position NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK February 15, 2005 Port Angeles City Council Meeting Page - 1 E. CONSENT AGENDA 1. City Council Minutes - February 1, 2005 and 27 1. Accept Consent Agenda Special Meeting Minutes - February 8, 2005 2. Expenditure Report - February 4, 2005 - 41 $1,099,618.17 3. Electronic Payments - February 4, 2005 - 57 $2,116,991.00 4. Corrections to Ordinance #3187 59 5. Authorization/Ratification Sale of Lot 5, 69 Block 241 - 79 & "D" Park 6. Capital Facilities Plan Project Addition 71 F. CITY COUNCIL COMMITTEE REPORTS G. RESOLUTIONS H. ORDINANCES NOT REQUIRING PUBLIC HEARINGS I. OTHER CONSIDERATIONS 1. Preliminary subdivision review: NORTH 77 1. Discuss preliminary plat and continue PENINSULA BUILDING ASSOCIATION, 5 action to the next meeting acre subdivision between 10th/12th Streets west of"N' Street: 2. Agreement with Clallam County on Western 2. Approve Agreement Urban Growth Area (Item to be separately provided) 3. Appointment of Planning Commission 119 3. Appoint Members Members J. PUBLIC HEAR/NGS - QUASI-JUDICIAL (7:00 P.M. or soon thereafter) 1. LaRue rezone proposal, Northeast comer of 121 1. Conduct public hearing and continue action "H"/8th Streets: Rezone of 35,000 sq. ft. of to the next meeting property from Residential Single Family to Residential High Density. 2. Final subdivision review: LUDWICK - 5 161 2. Conduct public hearing and continue action acres on Del Guzzi Drive north of Lindberg to the next meeting Road into 11 residential building sites. K. PUBLIC HEARINGS - OTHER L. INFORMATION 1. City Manager Reports: [] Cedar Street Retaining Wall Follow-up: Information Only (Page 181) M. EXECUTIVE SESSION (As needed and determined by City Attorney) N. ADJOURNMENT I I NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK February 15, 2005 Port Angeles City Council Meeting Page - 2 pORTANGELES CITY COUNCIL MEETING February 15, 2005 ~ .'¢~ p.'m. ,.....%m--p,,~. .~,tb.,.~ ~ ~ p."~. - ~ p.~. CALL TO O~ER - ~GUL~ MEET~G: ~. ROLL CALL: Members Present: Mayor Headrick It/ Councilmember Braun V Councilmember Erickson Councilmember Munro Councilmember Pittis Councilmember Rogers Councilmember Williams Staff Present: Manager Quiun Attorney Bloor Clerk Upton B. Collins G. Cutler D. McKeen T. Riepe Y. Ziomkowski PLEDGE OF ALLEGIANCE: pORT.j GILES WASHINGTON, U.S.A. CITY COUNCIL MEETING Attendance Roster DATE OF MEETING: LOCATION: Februar~ 15, 2005 Cit~ Council Chambers pORTANGELES WASHINGTON, U S.A. City of Port Angeles Ordinance/Resolution Distribution List City Council Meeting of February 15~ 2005 Ordinance / Resolution No. City Manager City Atty. (1) Planning City Clerk (2) Deputy Clerk Personnel Cust. Svcs. Finance Dir./Mgr. Police Dept. Fire Dept. Light Dept. Parks & Rec. MRSC (1) PDN (Summw) Extra Copies WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: TO: FROM: SUBJECT: February 15, 2005 CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities 2005 Consultant Agreement with Brown and Caldwell Summary: Brown and C_a, ldwell, Inc. has been selected to continue to provide engineering services related to the City s wastewater and stormwater systems. The current agreement with Brown and Caldwell expired last month, though sufficient funds remain to continue until a new agreement is executed. A new agreement will ensure that the ongoing engineering services provided by Brown and Caldwell will continue without delay, and that additional engineering aeeds related to the City's wastewater and stormwater systems will be met for the remainder of 2005. Recommendation: Authorize the Mayor to sign an Agreement for Professional Services with Brown and Caldwell, Inc., for an amount not to exceed $160~000. Background/Analysis: On May 2, 2003, the City signed an Agreement for Professional Services with Brown and Caldwell (B&C) to provide engineering support services for an FI Roof Drain Disconnection Project, a Condition Assessment of the Sewer Collection System, a CSO Comprehensive Reduction Plan Update, as well as directed wastewater services. The Agreement was amended once to add a fifth task, a re-rating of the Wastewater Treatment Plant (WWTP). The CSO Reduction Plan is still under negotiation with the Department of Ecology (DOE), and the WWTP re-rating work is still underway. The remaining tasks have been completed. Based on the extensive involvement that B&C has had in providing engineering services for the City's wastewater and stormwater systems, including its involvement in issues that are continuing from the existing agreement to the proposed new agreement, B&C was selected as the best qualified to perform wastewater and stormwater system-related professional services. A new engineering services agreement has been negotiated. Under the new agreement B&C will continue to assist the City in negotiations with DOE for approval of an update to its CSO Comprehensive Reduction Plan, as well as complete the re-rating of the WWTP. The following is a table of the tasks in the proposed Agreement, with estimated budget and funding source. The Utility Advisory Committee, at its February 8, 2005 meeting, discussed the new agreement and forwarded a favorable recommendation to City Council to authorize the Mayor to sign the agreement. N:\CCOUNC ILW INALkB rown & Caldwell Agreement.doc TASK [ BUDGET I FUNDING SOURCE 1. CSO Comprehensive Reduction Plan $30,000 2005 Wastewater Utility Budget Update 2. Re-rating of the WWTP $80,000 2004 Wastewater Utility Budget* 3. Other Services as Directed $50,000 2005 Wastewater Utility Budget Total $160,000 Funds are being carried over from 2004 budget, as unusual winter weather kept re-rating from being completed in 2004. The duration of the Agreement will be through January 31, 2006, and based on the completion of all tasks. N:\CCOUNC IL~FINAL~B rown & Caldwell Agreement.doc WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: TO: FROM: SUBJECT: February 15, 2005 CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities ~Ow..~ Amendment No. 4 to Consultant Agreement with Skillings-Connolly for Engineering Services Summary: It is necessary to amend the agreement with Skillings-Connolly to provide additional engineering services related to the design of sidewalk and stormwater improvements along Park Avenue between Race Street and Peninsula College. A scope and budget for the work has been negotiated. Recommendation: Authorize the Mayor to sign Amendment No. 4 to the Consultant Agreement with Skillings-Connolly, decreasing the total contract amount from $338,517 to an amount not to exceed $317,030. Background/Analysis: The original agreement for professional services with Skillings- Connolly for engineering design services for various water and wastewater projects was approved on May 21, 2002. The agreement included a scope and budget for two tasks, Front Street Water Main, and Peabody Creek Water Main. The Agreement was amended three times through January 31, 2005, adding four additional tasks: 2003 Sewer Main Replacement and Repairs, Crown Park Storm and Sanitary Sewer, Directed Services, and Park Avenue Sewer. The City was recently successful in obtaining a $141,5000 Transportation Improvement Board (TIB) Pedestrian Safety and Mobility Program (PSMP) grant to help cover costs associated with sidewalk improvements along Park Avenue between Race Street and Peninsula College. Funding for the engineering and construction of all facilities along Park Avenue (sidewalk, street widening, storm sewer, sanitary sewer) will be from a variety of sources. The Wastewater Utility, Stormwater Utility, TIB PSMP grant, School District, ADA Funding, Sidewalk Match Funds and the City's NICE Program are all contributing funds towards the project, which has a total estimated cost of $670,000. Amendment No. 4 to the Agreement will expand the scope and budget of Task 6, Park Avenue Sewer, to include design of both sidewalk and related street and stormwater improvements along Park Avenue between Race Street and Peninsula College. In addition, the budgets for some of the other tasks will be adjusted to reflect final task amounts. The following table summarizes the revised budgets for the tasks under the agreement through Amendment No. 4. PW_101.01 [Revised 07/20/04] 3 Original Prior Amendment Task Contract Amendments No. 4 1. Front Street Water Main - done $28,886 $24,501 $24,501 2. Peabody Creek Water Main - done $112,315 $144,215 $118,587 3.2003 Sewer Main Repairs - done $36,351 $15,406 $15,406 4. Crown Park Sewer and Stormwater- $0 $74,937 $78,714 done 5. Directed Services $0 $40,000 $3,041 6. Park Ave Sewer, Storm & Sidewalks $0 $39,458 $76,781 (Estimated Project Cost $667,000) Total $186,552 $338,517 $317,030 Tasks 2 and 3 were completed at a cost less than anticipated due to expanded City staff involvement in the design process that saved consultant costs in several areas of design. The Utility Advisory Committee, at its February 8, 2005 meeting, discussed this amendment and have forwarded a favorable recommendation to the City Council to authorize the Mayor to sign Amendment No. 4 to the Agreement. Added funding is not required since costs remain within amounts approved in the prior amendments. The agreement completion date will be extended to October 31, 2005 by this amendment. N:\CCOUNCIL\DEPDIR~anendmcnt No4 to Skillings-Connolly Agreement.doc 4 Appointments to Planning Commission February 15, 2005 Councilmember: //?~&-¥~ -~-*~- Please Vote for Six (6) John Gilmore'- Ruth Hoham David Johnson Candace Kalish Cherie Kidd John Matthews - Tom Meehan Eric Neurath Michael "Doc" Reiss, Peter Ripley Donald Schuba Kevin Snyder Ross Turkus Elizabeth "Betsy" Wharton Edward Zoble Councilmember: Appointments to Planning Commission February 15, 2005 Please Vote for Six (6) John Gilmore Ruth Hoham David Johnson Candace Kalish Cherie Kidd John Matthews Tom Meehan Eric Neurath Michael "Doc" Reiss Peter Ripley Donald Schuba Kevin Snyder Ross Turkus Elizabeth "Betsy" Wharton Edward Zoble Councilmember: Appointments to Planning Commission February 15, 2005 Please Vote for Six (6) John Gilmore Ruth Hoham David Johnson Candace Kalish Cherie Kidd John Matthews Tom Meehan Eric Neurath Michael "Doc" Reiss Peter Ripley Donald Schuba Kevin Snyder Ross Turkus Elizabeth "Betsy" Wharton Edward Zoble Councilmember: Appointments to Planning Commission Febmary 15, 2005 Please Vote for Six (6) John Gilmore Ruth Hoham David Johnson Candace Kalish Cherie Kidd John Matthews Tom Meehan Eric Neurath Michael "Doc" Reiss Peter Ripley Donald Schuba Kevin Snyder Ross Turkus Elizabeth "Betsy" Wharton Edward Zoble Couneilmember: Appointments to Planning Commission February 15, 2005 × Please Vote for Six (6) John Gilmore Ruth Hoham David Johnson Candace Kalish Cherie Kidd John Matthews Eric Neurath Peter Ripley Donald Schuba Kevin Snyder - ~ Elizabeth "Betsy" Wharton Edward Zoble Appointments to Planning Commission February 15, 2005 Councilmember~~'I/X ~ Please Vote for Six (6) John Gilmore Ruth Hoham David Johnson Candace Kalish Cherie Kidd John Matthews Tom Meehan Eric Neurath Michael "Doc" Reiss Peter Ripley Donald Schuba Kevin Snyder Ross Turkus Elizabeth "Betsy" Wharton Edward Zoble Appointments to Planning Commission February 15, 2005 Please Vote for Six (6) John Gilmore Ruth Hoham David Johnson Candace Kalish Cherie Kidd · John Matthews Eric Neurath Peter Ripley Donald Schuba Kevin Snyder · Elizabeth "Betsy" Wharton Edward Zoble Mission Statement The purpose of the City of Port Angeles is to provide the citizens of Port Angeles with a variety of services in the most efficient and effective manner possible. Statement of Values We, the employees of the City of Port Angeles, share a dedication and commitment to providing Quality Customer Service wifi"; Honesty, Integrity a~d Flexibility. Working as a team, we take Pride in providing Efficient and Effective services for which we are Responsible and Fiscally Accountable We value a Positive Attitude, Trust, Initiative and Compassion with a high standard of Professionalism and Open Communication. We respect Diversity and foster a Safe Environment In Partnership with the community, we are Stewards of our unique environment and Quality of Life City Goals The City of Port Angeles annually reviews and revises its goals and objectives for the coming year. The City Council and City Management meet jointly to discuss the best ways to provide se~ices to our citizens and adopt goals and objectives to use as bench marks for decision making for the rest of the year. The City's current goals and objectives are described below Improve The Financial Stability Of Port Angeles Objectives: Update long range financial projections/plan annually. Provide accurate and timely financial information to council, staff, and public. Monitor adherence to the financial management policy. Enhance and develop revenue options Ensure cost effective City operations. Promote inter-agency/intra-agency cooperation on purchases. Sell and/or trade unused City property and equipment. Adopt funded capital facility plan on an annual basis. Monitor self-insurance/tisk management program. Maintain fire insurance rating for Por[ Angeles citizens, Stdve for excellence in budget and financial reporting. Assess cost/benefit of annexing logical service areas. Actively pursue state and federal grants and loans. Assess cost/benefit of wellness program. Develop strategy for positive acceptance of revenue increases. Address jail costs. ....... THREE (3) TIER WASTEWATER RATE STRUCTURE (2005) ....... ( RESIDENTIAL ONLY ) ...IN ANTICIPATION OF THE "EARLY IN 2005" CONSIDERATION OF A "FAIR VALUE" TIERED RATE FOR THE WASTEWATER UTILITY- THE FOLLOWING RECOMMENDATION RELATES VERY CLOSELY TO THE CITY"S "MISSION STATEMENT", "STATEMENT OF VALUES", AND "CITY GOALS"-FOR "IMPROVING THE FINANCIAL STABILITY OF PORT ANGELES", WHILE "MEETING AND EXCEEDING CUSTOMER EXPECTATIONS". ...THIS (3) TIER CONCEPT IS ALSO IN KEEPING WITH THE "INCREMENTAL FEES" OF THE STORM WATER ASSESSMENTS IMPOSED UPON THE CITY'S PROPERTY OWNERS IN 2004. ...AS PRESENTED TO THE CITY COUNCIL ON NOV. 1, 2004, AND, AS KNOWN AND RECOGNIZED BY ALL OF THOSE PRIVY OF THE ACTUAL WATER USAGE BY CITY CUSTOMERS-THE 'AVERAGE' CUBIC FEET USAGE IN THE COMMUNITY AS A WHOLE-IS 1100 CUBIC FEET (plus or minus) WHICH IS MORE THAN TWO AND A HALF (2 1/2) TIMES THE TEN (10) YEAR OLD, OBSOLETE FIGURE OF 430 CF, AS PRESENTLY STILL USED IN THE SINGLE (ONE RATE FITS ALL?) RATE STRUCTURE. ...KEYWORD HERE 1S: "AD VALOREM ...(VALUE RECEIVED FOR $$$ SPENT- IN PROPORTION TO PRODUCT/SERVICE USED BY ALL RESIDENTIAL CUSTOMERS). ...THE FOLLOWING THREE (3) TIER RATE STRUCTURE IS RECOMMENDED TO BE ADOPTED, AND TO COMMENCE WITH THE UTILITY STATEMENT OF APRIL 2005, REPLACING ORDINANCE # 3174, CHAPTER 13.65, WASTEWATER SERVICE- RATES~ DATED NOVEMBER 16, 2004. ...TIER # 1 = 0- 750 CF- ~ $34.00 per month. ...TIER # 2 = 751- 1500 CF- ~ $38.00 per month. ...TIER # 3 = 1501 CF & ABOVE- ~ $40.00 per month. ...LANGUAGE IN THE NEW ORDINACE TO DIRECT A PORTION OF THIS REVISED RATE STRUCTURE INTO THE "CSO CONTROL FUND" ONLY - FROM: TIER #1 = $2.00 PER MONTH; TIER #2 = $2.00 PER MONTH; AND FROM TIER #3 = $4.00 PER MONTH. ...FOR GOOD COMMUNITY "P R" (PUBLIC RELATIONS)- THIS FORMULA COULD BE REFERRED TO AS A "VAT". (~_ALUE ADDED TAX). INTERLOCAL AGREEMENT THIS AGREEMENT is entered into between CLALLAM COUNTY, a political subdivision of the State of Washington, and City of Port Angeles, a municipal corporation or public agency of the State of Washington, hereinafter "Agency." RECITALS WHEREAS, the Agency has requested that CLALLAM COUNTY collect the Storm Water Assessment for the Agency in concert with the annual tax collection, starting with the assessment/tax year 2004, and WHEREAS, Agency has imposed Storm Water Assessments in the amount of $36.00 per year on the standard parcel in the City Limits of Port Angeles, and in increments thereof for larger parcels: and WHEREAS, the parties desiFe (o-enter'iht°LanLIn(edocal Agreement pursuant to RCW 39.34 and 84.56.035. NOW, WHEREFORE, in consideration Of the mutual pr0rrniSes contained herein, the Parties agree as follows! 1. The Agency shall provide the Clallam County Tr.e._asurer with a copy of the current resolution Or ordinance establishing -the annubl: Storm Water Assessments ~nd shall' further provide the Clallam County Treasurer with sufficient guidance for determining whi~ch :Assessment applies to which parcels of land. 2. Clallam County shall bill the taxpayers the'.~mounts of Storm Water Assessments imposed by the Agency and shall cOllect 'the Agency's Assessment and remit'said Assessments collected to the Agency once per - month. 3. Clallam County is authorized to retain 1% of the Assessments collected from the monthly remittance to the Agency or such other amount as the state legislature may hereinafter authorize. Any increase would be with 120 daY notice to the Agency prior to jm. plemen_tation, . 4. Refunds authorized by the Agency may be paid by either the County or the Agency as follows: If the:assessment has:been [en!.itted to the-Agency, then the Agenoy,will remit the refund to.the taxpayer/aSsessment payer. If the assessment has not been remitted to the. Agency. then Olallam County will remit the refund to the taxpayer/assessment payer. ~ 5. The Agency Shall defend, indemnify and hold Clallam County, its elected and appginted officers and. employees h.armles.s from any cl. aims~ PUBLIC HOSPITAL DISTRICTS Next Election District #f 530 Bogachiel Way, Forks, 98331 360-374-6271 Bd.of Commissioners:Daisy Anderson, Chair 2007 George Lane 2005 Donald Lawley 2009 Administrator Camille Scott Meet 2"~, 4~ Tues. 4 p.m. District #2 939 Carol[ne St., Port Angeles, 98362 360-417-7000 Bd. of Commissioners: Jim Leskinovich, Pres. 2009 Jorgen Quistgaard, Gary Smith 2005 Jean Hordyk, Harlan Knudson 2007 James Cammack, Arlene Engel 2009 Administrator Mike Glenn Meet 1=, 3® Wed. 6 p.m. DISTRICT OFFICIALS PORT OF PORT ANGELES 338 W. First St., Port Angeles, WA 98362 360-457-8527 Fax: 360-452-3959 Email: info@portofpa.com Web: www.oortofoa.com Commissioners: 1st District Bill Hannan 2008 2nd District Leonard Bell 2006 3rd District John Calhoun 2010 Meet 2"u, 4~ Mort. 9:30 a.m. PUBUC UTILITY DISTRICT 2431 E. Hwy. 101, Port Angeles, WA 98362 P.O. Box 1090 360-452-9771 Web: WWW,~lallamoud.net Commissioners: 1st District Will Purser 2010 2nd District Hugh Haffner 2008 3rd Distdct Ted Simpson 2006 Meet Mom 3:00 p.m.; call to confirm meeting Next Election ~ Next Election Crescent P.O. Box 20, Joyce, 98343 360-928-3311 Fax: 380-928-3066 Web: www.crescent.wednet.edu Directors Tracy Grover, Chair 2007 Bonnie Hanson, Susan Waldrip 2005 Jeffrey Baillargeon, Susan Hopper 2007 Superintendent Doug Kubalek Meet 4~ Thur. 7:30 p.m. Port Angeles 216 E. Fourth St., PortAngeles, 98362 360-457-8575 Fax 360-457-4649 Web: www.oortanoelesschools.oro Directors Nancy McLaughlin, Pres. 2005 Cindy Kelly, Charles McClain 2005 Jeffrey Hinds, Jessica Schreiber 2007 Superintendent Gary Cohn Meet 2"d, 4~ Mon. 7 p.m. Quillayute Valley P.O. Box 60, Forks 98331 360-3744262 Fax: 360-374-6909 Web: www.forks.wedneLedu Directors Bill Rohde, Chair Sue Gibbs, Sharon Penn David Dickson, Paul Hedley Superintendent Frank Walter Meet 1=, 3® Tues. 6 p.m. 2007 2005 2007 Sequim 503 N. Sequim Ave, 98382 360-582-3260 Fax: 360-683-6303 Web: www.seauimschools.wednet.edu Directors June Robinson, Pres. Elna Kawal, Dave Blake Sarah Bedinger, Suzi Schmidt Superintendent Garn Christensen Meet 1~, 3~ Mon. 7:00 p.m. 2007 2005 2007 LEAGUE OF WOMEN VOTERS OF CLALLAM COUNTY- New Member & RenewalApplicafion Name Address E-mail City _Zip Phone Membemhip: [~l Individual at $45 [21 Household at $67.50 ~1 Student at $25 $ ~1 Supplementary or nonmember contribution toward local League support: $ Enclose this form with your check, payable to LWVCLA, TOTAL: $ and mail to: League of Women Voters of Clallam County, P O Box 982, Port Angeles WA 98362 MISSION STATEMENT The League of Women Voters encourages the informed and active participation of citizens in government, works to increase understanding of major public policy issues, and influences public policy through education and advocacy. Voting Information Voting Eligibility: A U.S. citizen in good standing;18 years old on or by election day; a county resident registered to vote 30 days before the election. Where to Register to Vote: County Court- house, your City Hall, school secretaries, all branches of the North Olympic Library system, and Driver's Licensing offices. Phone 360-417-2217 for location of your nearest registration place. Voting by Mail: Clallam County votes entirely by mail Ballots are mailed 20 days prior to the election. It's important to keep address infor- mation current at Voter Registration, Clallam County Courthouse, 223 East 4~ Street, Suite 1, Port Angeles 98362 PRINTING COURTESY OF: ,il FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF PORT ANGELES LENDING A HAND SINCE 1923 VV~qN. FFPA,CO M 1-800-800-1577 THEY REPRESENT YOU A Directory of Elected Officials 2005 THE LEAGUE OF WOMEN VOTERS of CLALLAM COUNTY P.O. BOX 982 PORT ANGELES, WA 98362 for information call: 360-681-4916 Web: www.olympus.net/comm u nity/Iwvcla NATIONAL OFFICIALS Next Election President George W. Bush (R) Vice President Dick Cheney (R) 1600 Pennsylvania Ave Washington DC, 20500 202-456-1414 Web: www.whitehouse.oov Email: pres[dent(~whitehouse.qov viceDresidentF~whitehouse.aov 2008 2008 U.S. Senators Maria Cantwell (D) 2006 717 Had Senate Office Bldg. Washington DC 20510 202-224-3441 Fax: 202-228-0514 Seattle: 206-220-6400 Fax: 206-220-6404 Toll Free: 888-648-7328 Email via: www. cantwell.senate.aov Patty Murray (D) 2010 173 Russell Senate Office Bldg. Washington DC 20510 202-224-2621 Fax: 202-224-0238 Seattle: 206-553-5545 Fax: 206-553-0891 Email via: www. murrav, senate.aov U.S. Conoressman Sixth District Norm Dicks (D) 2467 Rayburn HOB Washington DC 20515 5916-5916-5916 Fax 202-226-1176 Tall Free: 800-947-6676 Port Angeles Office: 332 East 5~h St., 98362 Message: 360-452-3370 Fax: 360-452-3502 Email via: www. house.aov/dicks 2OO8 Comment Line: Congressional Switchboard: House Information Resources: 202-456-1111 202-224-3121 202-225-7017 STATE OFFICIALS Next Election Governor Chris Gregoire (D) 2008 Lt. Governor Brad Owen (D) 2008 Sec'ty of State Sam Reed (R) 2008 Treasurer Michael Murphy(D) 2008 Attorney General Robert McKenna (R) 2008 Auditor Brian Sonntag (D) 2008 Supt. Public Instr. Terry Bergeson 2008 Insurance Comm. Mike Kreidler (D) 2008 Comm. Publ, Lands Doug Sutherland (R) 2008 Information: 800-321-2808 for any govt. office State Senator 24th District Jim Hargrove (D) 2008 P.O. Box 40424 411 Legislative Office Bldg, Olympia WA 98504 360-786-7646 Fax 360-786-1323 Port Angeles Office: 630E E. Front St., 98362 P.O. Box 2496, 360-457-2520 Email: hargrove~i@leg.wa.gov State Representatives 24th District Jim Buck (iR) P.O. Box 40600 Mod 1 Bldg., Rm. 112, Olympia, WA 98504 (360)786-7916 Fax (360)786-1247 Emaih buck~i@leg.wa.gov Lynn Kessler (D) P.O. Box 40600 339A Leg. Office Bldg, Olympia WA 98504 360-786-7904 Fax 360-786-7873 Email: kessler_ly@leg.wa.gov Port Angeles Office: 630E E. Front St., 98362 P.O. Box 2496 360-457-2520 2OO8 2008 Legislative Hotline to Olympia 800-562-6000 Open year round. Obtain information about Legislative actions. Leave a message for your Senator or Representative. Voter Info/Elections Hotline: 800-448-4881 Election results on the web: www. vote.wa.aov COUNTY OFFICIALS Next Election Commissioners: 1st District Steve Tharinger (D) 2007 2nd District Mike Chapman (R) 2008 3rd District Mike Doherty (D) 2008 Meet Tues. 10 a.m. 360-417-2233 Fax 360-417-2~93 Emaih commissioners@co.clallam.wa.us Assessor Linda Owings-Rosenburgh 2006 Auditor Cathleen McKeown 2006 Comm. Dev. Dir. Robert Robertson 2006 Pros. Attorney Deborah Kelly 2006 Sheriff Joseph Martin 2006 Treasurer Judith Scott 2005 Court Justices: Superior Ken Williams 2008 George Wood 2008 District Rick Porter 2006 Erik Rohrer 2006 Appointed groups: Colt for date, place & time of meeting. Hearing Examiner 360-417-2321 Planning Commission 360-417-2321 North Otympic Library Board 360-417-8527 CITY OFFICIALS FORKS 500 E. Division St., Forks, WA 98331 5412-5412-5412 Fax 360-374-9430 Emaih www.forkswashinqton .orq Council members: Nedra Reed, Mayor 2005 Bruce Guckenberg 2005 Patricia Mansfield 2005 Denise Graham 2007 Arthur Anderson 2007 Bryon Monohon 2007 Meet 2"a, 4~ Mon. 7:30 p.m PORTANGELES 321 E. 5th St., Port Angeles WA 98362 360457-0411 Email: gouncil~citvofea.us Councir members: Richard Headrick, Mayor 2005 Gary Braun 2005 Karen Rogers 2005 Larry Williams 2005 Lauren Erickson 2007 Grant Munro 2007 Jack Pittis 2007 City Manager: Michael Quinn 360-417-4500 Meet 1% 3~d Tues. 6:00 pm, public hearing 7:00 p.m. Planning Commission meet 2% 4r" Wed. 6 SEQUIM 152 W. Cedar St., Sequim, WA 98382 (360)683-4139 FAX: 360-681-3448 Email via: www.ci.seauim.wa.us Council members: Walt Schubert, Mayer 2005 Bill Huizinga 2005 John Beitzel 2005 Ron Farquhar 2007 Don Hall 2007 Pat Kasovia-Schmitt 2007 Paul McHugh 2007 City Manager: Bill Elliott 360-681-3440 Meet 2nu, 4~ Mon. 7:00 p.m. Planning Commission meets 1% 3~ Tues. 7 p.m. Next Election MEMBERSHJP APPLICATION FORM WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: TO: FROM: SUBJECT: February 15, 2005 CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities Final Payment, Parametrix 2004 Engineering Services Agreement Summary: Parametrix was requested to provide added services during the past year. This added work, until the final hilling, was covered by shifting funds between tasks and use of directed funding allowances within the agreement. The final billing has exceeded the agreement amount by $45,955 or 9%. Recommendation: Authorize additional funding in the amount of $45,955 for final payment to Parametrix for 2004 engineering services. Background/Analysis: Parametfix was requested over the past year to provide added services to meet our solid waste and wastewater engineering requirements. These added services, in accordance with the agreement, were covered by shifting funds between tasks and use of directed funding allowances. The added work, until the final billing, remained within the not to exceed budget of $501,532. The final billing, task summary attached, has exceeded the original agreement amount by $45,955 or 9%. The following is a task specific breakdown of the added services requested of Parametrix during the 2004 services agreement: Task 1 required a significant increase in directed services to support requests made by the Solid Waste Utility and Engineering. These requests were detailed in the monthly progress letters. Also included in this task, but not included in the 2004 budget, were nine monthly beach inspections. The total overage for this task was $17,514. Task 2 required a significant increase to support shoreline permitting efforts. The total overage for this task was $12,329. Task 3 required additional support during and after the RFP was issued. The total overage for this task was $29,792. Task 4 required significant additional design, particularly in the mitigation aspects of the project. The total overage for this task was $79,808. N:\CCOUNCIL~FINAL~Parametrix Final Payment for 2004.doc 5 Final Payment, Parametrix Agreement Page 2 February 15, 2005 Task 5 included the redive and resampling of sediments to support NPDES permits. The total overage for this task was $29,102. Task 6 was for construction support. This service was not required in 2004 and resulted in a reduction of $21,329. These funds were mallocated to other tasks. Task 7.3 was for optional services and two were not authorized during 2004. The total reduction for this task was $51,252. These funds were redirected to other tasks. Task 8, directed services in the amount of $50,000, was allocated to the above tasks as needed to cover overruns due to requested changes in scope and effort. ORIGINAL FINAL COST % TASK CONTRACT BILLING CHANGE CHANGE AMOUNT 1. Engineering Assistance $89,075 $106,589 $17,514 4-20% 2. Permitting & $45,046 $57,375 $12,32~ +27% Compliance 3. Waste Export System $56,477 $86,269 $29,792 +53°A ~.Design Services $145,065 $224,873 $79,80~ +55~ 5. NPDES Permit $9,114 $38,21~ $29,102 +319°,4 gupport 5. Construction Support $21,32r~ $£ ($21,329) 0°,~ 7.3 Optional Services $85,426 $34,174 ($51,252) -40% 8. Directed Services $50,000 $0 ($50,0001 -100% TOTALS $501,532 $547,487 $45,955 +9°A The Utility Advisory Committee, at its February 8, 2005 meeting, discussed this request for additional funding and forwarded a favorable recommendation to the City Council for approval. Parametrix has been responsive to requests for added permitting, design, and RFP support needed to meet our solid waste needs. It is recommend that Council authorize additional funding in the amount of $45,955 for final payment to Paramelrix for 2004 engineering services. The added funds required would be from the solid waste utility. N:\CCOlYNC1L~DEPDIR~PMX 2004 final pmnt CC.dcc 6 WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: TO: FROM: SUBJECT: FEBRUARY 15, 2005 C1TY COUNCIL MICHAEL QU1NN, CITY MANAGER~---~ HUMANE SOCIETY CONTRACT RENEWAL Summary: The Clallam County Humane Society provides animal shelter services for the City of Port Angeles, as well as Clallam County. The attached contract is a revised renewal fn this service agreement. It is in accordance with budgeted funds for 2005, and is essentially consistent with contract principles provided in the service contract for Clallam County by design. Recommendation: Adopt the attached contract. Background / Analysis: The current contract with the Humane Society was for a three year period that expired on 12/31/04; to which we agreed to carry forward until a new contract was in place. The attached contract is proposed for renewal adoption with the following salient adjustments: 1. The format has been adjusted to provide separate attachments for scope of work, compensation, general conditions, and special terms. This facilitates future adjustments without having to amend the entire agreement for just one change to a section or attachment. 2. The hours of operation were listed as a minimum of 25 hours per week with a set requirement for five hours on Saturday. The old contract called for 40 hours during weekdays. However, the reality is that the Humane Society sets their hours to serve their clientele, and they are currently open more hours for coverage on both weekday and weekends. 3. The contract amount has increased from $46,268 annually to $80,000 annually for the service to be paid in quarterly installments. This amount is budgeted for 2005, and reflects the Humane Society's efforts at sustaining their operations within realistic work goals and costs. 4. The handling of licenses has also been changed to offer an incentive for increasing sales. The City budgets $2,000 annually for dog and cat license revenue; and we have agreed to allow the Humane Society to keep this receipt level and split any amount over this at 35% for the Society and 65% for the City. This is the same formula for the County, other than their original amount is $20,000 rather than $2,000. Previously, we had the Society remit such license revenue to the City. Any license revenue sold by the City will be retained by the City, however, we will coordinate data bases so that the Society will have an accurate list and ultimately be responsible for this function. 5. The conditions and terms are greatly expanded from prior contracts, but appear to meet the basic responsibilities that we require for professional contracts. G:~MAS TFO RM\COUNC IL.WPT 7 SERV'[CE AGREEMENT THIS AGREEMENT is entered into between the City of Port Angeles, a political subdivision of the State of Washington, (hereinafter called "City) and CLALLAM COUNTY HUMANE SOCIETY of: 2105 West Hi hwa 101, Port Anoeles. WA 98363 (hereinafter called "Contractor"). This Agreement is comprised of: IX] Attachment "A" - Scope of Work. [X] Attachment "B" - Compensation. L~_] Attachment "C" - General Conditions. ~ Attachment "D" - Special Terms and Conditions. copies of which are attached hereto and incorporated herein by this reference as if fully set forth. The term of this Agreement shall commence on the ist day of January 2005, and shall, unless terminated as provided elsewhere in the Agreement, terminate on the 3:tst day of December 2007, except that the agreement may continue on a month-to-month basis beyond December 2007 with the consent of both parties. The City Project Manager responsible for the administration of this Agreement and for agreement shall be the Deputy Police Chief. IN W[TNESS WHEREOF, the parties have executed this Agreement on this __ day of 2005. CLALLAM COUNTY HUMANE SOC%ETY CTTY OF PORT ANGELES John Miles, Chair Richard Headrick, Mayor Date: ,2005 Date: ,2005 A~E~: Becky Upton, City Clerk APPROVED AS TO FORM: By: William Bloor, City Attorney 8 PERSONAL SERVICES AGREEMENT A'ITACHMENT "A" SCOPE OF WORK Animal Sheltering Shelter Facilities: The Contractor shall furnish and maintain shelter facilities and necessary equipment for handling stray or impounded dogs and cats and animals brought to the contractor pursuant to the provisions of this agreement by the City; and dogs and cats brought to the Contractor by the public residing in the City limits. These facilities shall include, but not be limited to the following: A. Dog and cat kennels (minimum 20 dog and 25 cat kennels). B. An isolation room having a complete covered kennel for dangerous dogs impounded, and rabies quarantine. C. A separate room for storing feed. D. Facilities for the humane disposal of sick, injured and dead animals. E. Secure and accessible after hours receiving areas for animals brought to the shelter by the City. F. An internal alarm system. G. An external security fence at a minimum of 7' in height. The Contractor shall properly maintain the facilities and equipment in a clean and sanitary manner and will not permit any condition to exist that would constitute a public nuisance. Hours of Onerations: The Contractor shall, as a minimum requirement, keep the shelter facilities open to the public a minimum of 25 hours per week, 5 of which shall be on Saturday, or other such hours as approved by the City Project Manager. Such hours shall be posted. During such other hours, the City's Animal Control Officer, or designee may use keys to be supplied for access to the station. Receipt and Care of Animals: The Contractor shall receive dogs and cats and animals brought to the shelter pursuant to the provisions of this agreement, by the City, and by the residents of the City. The Contractor shall hold them and properly care for them pursuant to applicable sections of Port Angeles Municipal Code Chapter 7.12. The Contractor may destroy any animal only pursuant to applicable sections of Hunicipal Code Title 7. The Contractor shall give the best reasonable care and treatment to all animals in its custody and control, making certain they are comfortably housed and adequately fed. Animals received by the shelter during non-business hours shall be officially cared for as soon as feasible. The Contractor shall maintain a record of each animal under this contract. At a minimum, such record shall consist of the type of animal, the beginning and ending dates of housing, the length of stay, the name, address and telephone number of the owner or person bringing in the animal, the approximate location where the animal was found, and the disposition of the animal. The contractor shall, upon request, make these records available for inspection and/or make copies as requested. The Contractor shall be responsible to make reasonable attempts, and with due diligence, to identify and contact the animal owner as soon as possible after the animal is housed by the Contractor and prior to destruction or adoption of the animal. The Contractor shall make every reasonable effort to find suitable homes for each adoptable animal received. Animal TraDs: The Contractor shall furnish and maintain a suitable number of traps for the live capture of animals and loan said traps to City residents upon request. At a minimum, the Contractor shall maintain 4 cat traps, 1 dog trap, 1 skunk trap and 4 raccoon traps. At the time of the loan, the Contractor shall instruct residents on the proper use of traps and the proper care and handling of 9 captured animals, The Contractor may collect a deposit and/or fee as agreed between the Contractor and the City. Records of Lost and Found Animals: Reports of lost or found animals from City citizens will be referred directly to the Contractor. The Contractor shall make information concerning lost and found animals available to citizens requesting the information. The Contractor shall use due diligence in making every reasonable effort to compare unidentified City dogs to the lists and to return animals which appear to be from the list, to their owners, 6. Staff: A. The Contractor shall be registered in euthanasia by lethal injection, in accordance with RCW 69.50.310, and shall employ or contract with a minimum of one qualified handler B. The Contractor shall maintain a telephone service and office personnel necessary for receiving inquiries from City residents with respect to animals impounded or delivered to the Contractor. C. The Contractor shall ensure that all of its employees act in a professional and businesslike manner and that no rude or unseemly actions or attitudes are tolerated in their day-to-day dealings with the public. D. The contractor shall provide adequate training to its employees to satisfactorily perform the obligations of this agreement. The Contractor shall arrange for all its permanent and temporary employees to be bonded for $1,000 per employee and to protect the City against any dishonesty or failure to transmit fees to the City. Proof of bond shall be provided to the Project Manager. 7. After Hour Caees/Animals Left After Hours: If the Contractor maintains after hours cages which are available to the public or animals are left at the shelter during non-business hours, those animals which are housed as a result of placement into those cages and which cannot be specifically identified as coming from City residents, shall not be counted as City animals except to the extent that the City of Port Angeles agrees to the following proportional payment for unidentified animals. In that case, charges for unidentified animals shall be charged in the same proportion as animals that are identifiable as County, Sequim, or Port Angeles billable animals on an annual basis. 8. Fees: The Contractor may charge fees as listed in Chapter 3.70 PAMC. Any changes to fees shall be approved by the City Council prior to implementation. Animal Is uance of License: The Contractor shall issue animal licenses in accordance with applicable City ordinance provisions for all City animals without approved license tags. The Contractor shall develop programs and activities intended to increase compliance with license requirements by City residents. Maintenance of License Recordincl System: The Contractor shall maintain a computerized license system in a current status and shall provide at least monthly to the City Project Manager and PENCOM a listing of all current animal licenses. As an alternative, the Contractor may, at its discretion, maintain the animal license listing by posting it to an internet site accessible by the City and PENCOM. The Contractor shall maintain the system for licenses sold by the Contractor, the City, or any other license vendor in the City. The City will provide the Contractor with a copy of each license sold by the City, at least weekly. 3. The contractor shall purchase and maintain sufficient license forms and tags and shall distribute them, free of charge, to the City and other license vendors upon request. 10 SERVZCE AGREEMENT ATTACHMENT "B" COMPENSA'rZON 1. Compensation for Shelterine: The City shall pay to the Contractor $80,000 per calendar year of the contract. Payment shall be made quarterly in an amount of $20,000, in .lanuary, April, .luly, and October for services to be rendered in that quarter. Other Compensation: The Contractor may retain Cage and Trap Rental Fees received from City citizens. 2. Compensation for Sale of Animal Licenses: The Contractor may retain annually the first $2,000 of revenue obtained from its sale of City animal licenses. The Contractor will retain 35 percent of revenue from its sale of City animal licenses above $2,000 in any annual period. The remainder shall be used to reduce the City's compensation for sheltering services. The Contractor shall account quarterly for licenses sold and revenue generated and shall provide a report to the City in accordance with Attachment D. 11 SERVI'CE AGREEMENT ATTACHMENT "C" EN RAL N DI'r/ON 1. 5coDe of Contractor's Services: The Contractor agrees to provide to the City services and any materials set forth in Attachment "A". No material, labor, or facilities will be furnished by the City, unless otherwise provided for in the Agreement. 2. Accountina and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Attachment "B." Unless specifically stated in Attachment "B" or approved in writing in advance by the City designated project manager ("Project Manager"), the City will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract, 3. Delegation and Subcontractin(~: No portion of this contract may be delegated or subcontracted to any other individual, firm or entity without the express and prior written approval of the Project Manager. 4. Inde endent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor and nothing herein contained shall be construed to create a relationship of employer/employee or master/servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Attachment "B" and the Contractor is not entitled to any city benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental or other insurance benefits, or any other rights or privileges afforded to City employees. The Contractor represents that it maintains a separate place of business, serves clients other than the City, will report all income and expense accrued under this contract with the Tnternal Revenue Service on a business tax schedule, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the City, its officers, agents or employees from any loss or expense, including but not limited to settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Tn the event that either the state or federal government determines that an employer/employee or master/servant relationship exists rather than an independent contractor relationship such that the City of Port Angeles is deemed responsible for federal withholding, social security contributions, workers compensation and the like, the Contractor agrees to reimburse the City for any payments made or required to be made by City. Should any payments be due to the Contractor pursuant to this Agreement, the Contractor agrees that reimbursement may be made by deducting from such future payments a pro rata share of the amount to be reimbursed based upon the following formula: Total amount to be reimbursed = Deduction from payment Number of payments remaining 12 Notwithstanding a determination by the state or federal government that an employer/employee or master/servant relationship exists, the Contractor, its officers, employees and agents, shall not be entitled to any benefits which the City provides to its employees. No Guarantee of EmDIovment: The performance of all or part of this contract by the Contractor shall not operate to vest any rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the City at the present time or in the future. 6. Requlations and Reouirement: This Agreement shall be subject to and contract shall comply with all federal, state and local laws, rules, and regulations. Right to Review: This contract is subject to review by any federal or state auditor. The City shall have the right to review and monitor the financial and service components by whatever means deemed expedient. Such review may occur with or without notice, and may include, but is not limited to, on-site inspection by City agents, or employees, inspection of records or other materials which the City deems directly pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Clallam County, State of Washington, upon request, during reasonable business hours. 8. Modifications: Either party may request changes in the Agreement. Any and all agreed modifications shall be in writing, signed by each of the parties. Termination for Default: Tf the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or makes an assignment for the benefit of creditors, the City may, by depositing written notice to the Contractor in the U.S. Nail, postage prepaid, terminate the contract, and at the City's option, obtain performance of the work elsewhere. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the City by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. 10. Termination for Public Convenience: The City may terminate the contract in whole or in part whenever the City determines, in its sole discretion, that such termination is in the interests of the City. Whenever the contract is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this contract by the City at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the City. 13 11.. ~medies: The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 12. Defense and Indemnity Aareement: The Contractor agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the City, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to any act or omission of the Contractor, his/her subcontractors, its successor or assigns, or its or their agent, servants, or employees, the City, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the City, its appointed or elected officials or employees. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided herein. ].3. Industrial Insurance Waiver: With respect to the performance of this Agreement and as to claims against the City, its appointed and elected officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial ~'nsuranco Act, as now or hereafter amended, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this Agreement. 1,~. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action shall be in the courts of the State of Washington in and for the County of Clallam. This Agreement shall be governed by the law of the State of Washington. ].5. Withholdino Payment: In the event the Project Manager determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the City may withhold from amounts otherwise due and payable to Contractor the amount determined by the City as necessary to cure the default, until the Project Manager determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the City promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Project Manager set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provision of the Disputes clause of this Agreement. The City may act in accordance with any determination of the Project IVlanager which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount of paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to the Contractor by reason of good faith withholding by the City under this clause. 16. Insufficient Funds: If sufficient funds are not appropriated or allocated for payment under this contract, this contract shall be null and void. No penalty or expense shall accrue to the City in the event this provision applies. 14 17. Contractor Commitments. Warranties and Representations: Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the City. A commitment includes, but is not limited to any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. 18. Patent/CoDvrk~ht Tnfrinqement: Contractor will defend, indemnify and save harmless the City, its appointed and elected officers and employees from any claimed action, cause or demand brought against the City, its appointed and elected officers and employees, to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the City, its appointed and elected officers and employees in any action. Such defense and payments are conditioned upon the following: A. That Contractor shall be notified promptly in writing by City of any notice of such claim. Contractor shall have the right, hereunder, at its option and expense, to obtain for the City the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the City. 19. Disoutes: Differences between the Contractor and the City, arising under and by virtue of the contract documents shall be brought to the attention of the City at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. The records, orders, rulings, instructions, and decision of the Project Manager shall be final and conclusive thirty (30) days from the date of mailing unless the Contractor mails or otherwise furnishes to the City Manager a written notice of appeal. The notice of appeal shall indude facts, law, and argument as to why the conclusions of the Project Manager are in error. ]'n connection with appeal of any proceeding under this clause, the Contractor shall have the opportunity to be heard and to offer evidence in support of the appeal. The decision of the City Manager for the determination of such appeals shall be final and conclusive. Reviews of the appellate determination shall be brought in the Superior Court of Clallam County within fifteen (15) days of mailing of the written appellate determination. Pending final decision of the dispute, the Contractor shall proceed diligently with the performance of this Agreement and in accordance with the decision rendered. 20. Ownershio of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with the performance of this Agreement shall be the sole and absolute property of the City and constitute "work made for hire" as that phrase is used in federal and/or state intellectual property laws. 2~.. Receverv of Payments to Contractor: The right of the Contractor to retain monies paid to it is contingent upon satisfactory performance of this Agreement, including the satisfactory completion of the project described in the Scope of Work (Attachment "A"). In the event that the Contractor falls, for any reason, to perform obligations required of it by this Agreement, the Contractor may, at the Project Manager's sole discretion, be required to repay to the City all monies disbursed to the Contractor for those parts of the project that are rendered worthless in the opinion of the Project Manager by such failure to perform. Interest shall accrue at the rate of 12 percent (12%) per annum from the time the Project Manager demands repayment of funds. 15 22. Approval: The extent and character of all work and services to be performed under this Agreement by the Contractor shall be subject to the review and approval of the Project Manager. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Manager as to the extent and character of the work to be done shall govern subject to the Contractor's right to appeal that decision as provided herein. 23. Non-Discrimination: The Contractor shall not discriminate against any person on the basis of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, or the presence of any sensory, mental or physical handicap. 24. Subcontractors: In the event that the Contractor employs the use of any subcontractors, the contract between the Contractor and the subcontractor shall provide that the subcontractor is bound by the terms of this Agreement between the City and the Contractor. The Contractor shall insure that in all subcontracts entered into, City of Port Angeles is named as an express third-party beneficiary of such contracts with full rights as such. 25. Time is of the Essence: Time is of the essence in the performance of this contract unless a more specific time period is set forth in either the Special Terms and Conditions or Scope of Work. 26. Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, any notices shall be given by the Contractor to the ProJect Manager. Notice to the Contractor for all purposes under this Agreement shall be given to the person executing the Agreement on behalf of the Contractor at the address identified on the signature page. 27. Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 28. Precedence: In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and state statutes and regulations; 8. Scope of Work (Attachment "A") and Compensation (Attachment C. Special Terms and Conditions (Attachment "D"); and D. General Conditions. 29. Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of an,/prior to subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 30. Survival: The provision of Paragraphs ~-, 7, 11, 12, 13, 1,t, 15, 17, 18, 19, 20, 2:L, 22, 23, 28, 29 and 31 shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 31. ~: This written contract represents the entire Agreement between the parties and supersedes any prior statements, discussions or understandings between the parties except as provided herein. IX]i, [~X]2. SERVZCE AGREEMENT ATTACHMENT "D" SPECIAL TERMS AND CONDZTIONS Reoortin(~. The Contractor shall submit written progress reports to the Project Manager as set forth below: [ ] With each request for payment. [ ] Monthly. [ X ] Quarterly. [ ] Semi-annually. [X__] Annually. [ ] Project completion. [ ] Other (specify): Progress reports shall include, at a minimum, the following: Quarterly Reports: Listing of all current City animal licenses, including the license number, expiration date, information describing the animal, and the owner's name, address, and telephone number. City monies collected by the Contractor, whether characterized as fees, civil penalties, or any other nomenclature, shall be delivered to the City's Finance Department on a quarterly basis together with an accounting of City monies received. In addition, a quarterly report shall include the number of City animals housed by type, the total number of days of housing and a summary of disposition of City animals, the number of licenses sold and revenue produced from sales. The quarterly report shall be due by the 15m of the month following the quarter close. Annual Reoort: Contractor shall furnish an annual report to the City by the 1S~h day of February of the following year. Contractor shall maintain complete records of licenses issued, fees collected, animals received, animals to dispose, kennels inspected, complaints received and investigations conducted, and shall include this information in the annual report and make such available for the City's inspection at all times. Contractor shall provide such other data as the City requests, for all legitimate purposes directly related to City services performed. Reports shall include any problems, delays or adverse conditions which will materially affect the Contractor's ability to meet project objectives or time schedules together with a statement of action taken or proposed to resolve the situation. Reports shall also include recommendations for changes to the Scope of Work, if any. Payments may be withheld if reports are not submitted. Insurance. The Contractor shall maintain in full force and effect during the term of this Agreement, and until final acceptance of the product, public liability and property damage insurance with companies or through sources approved by the state insurance commissioner pursuant to RON Title 48, as now or hereafter amended. The City, it appointed and elected officials and employees, shall be specifically named as additional insureds in a policy with the same company which insures the Contractor or by endorsement to an existing policy or with a separate carrier approved pursuant to RCW Title 48, as now or hereafter amended, and the following coverages shall be provided: [~_] COMPREHENSIVE GENERAL LIABILITY Bodily injury, including death: $500,000 per occurrence Property damage $500,000 per occurrence 17 [__] 3 [ ] ERRORS AND OMISSIONS: $1,000,000_per occurrence [ x l WORKERS COMPENSATION: Statutory amount [ X_] AUTOMOBILE: coverage on owned, non-owned, rented and hired vehicles $1,000,000 bodily injury, liability, including death, per occurrence $500,000 property damage liability, per occurrence Any such insurance carried by the Contractor is primary over any insurance carried by City of Port Angeles. The City shall have no obligation to report occurrences unless a claim or lawsuit is filed with it and the City has no obligation to pay any insurance premiums. Evidence of insurance coverage shall be submitted to the Project Manager within twenty (20) days of the execution of the Agreement. The Agreement shall be void ab initio if the proof of coverage is not timely supplied. ~. For delays in timely completion of the work to be done or missed milestones of the work in progress, the Contractor shall be assessed Dollars (L) per day as liquidated damages and not as a penalty because the City finds it impractical to calculate the actual cost of delays. Liquidated damages will not be assessed for any days for which an extension of time has been granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete the entire project. Other: Board of Directors: Employees of the Contractor or direct relatives of said individuals shall not serve on the Board of Directors of the Contractor. The Executive Director may serve on the Board as a non-voting member, but may not serve as an officer of the Board. 18 WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: TO: FROM: SUBJECT: February 15, 2005 CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities SENIOR CENTER CARPETING CONTRACT Summary: Bids were requested from three contractors to replace the carpet at the Senior Services Center. Three bids were received and reviewed October 12, 2005. The Paint Store and Home Decorating of Port Angeles submitted the lowest responsible bid in the amount of $34,841.19, including applicable taxes. Recommendation: Award the proje, ct and authorize the Mayor to sign a contract with The Paint Store and Home Decorating, ~n the amount of $34,841.19 for the carpeting of the Senior Services Center and allocate funding from the Senior Center Maintenance Fund. Background/Analysis: The current carpet in the Senior Center is now ten years old, and is showing its age with wear in the high use areas, delamination, and unraveling at the seams and glue joints. Additionally, mildewing has become a problem due to the repeated carpet cleanings over time. Three bids were received, with the lowest responsible bid from The Paint Store and Home Decorating of Port Angeles in the amount of $34,841.19. A summary of the bid results is provided below: Contractor Cit~ Bid (Including Tax) The Paint Store & Home Decorating Port Angeles, WA $34,841.19 McCrorie Carpet One Port Angeles, WA $37,593.32 Spencers Abby Carpet Port Angeles, WA $44,754.98 It is recommended that the City Council award the project and authorize the Mayor to sign a contract with The Paint Store and Home Decorating in the amount of $34,841.19 for the replacement of the Senior Services Center carpet. It is further recommended that funding for the project be charged against the Senior Center Maintenance Fund. N:\CCOUNCILXF1NAL~qeniorCenterCarpctReplaeement.doc 1 9 Contract THIS CONTRACT, made this 13th da,/of December 2004, by and between the City of Port Angeles, Washington, hereinafter called "City," and The Paint Store & Home Decorating, Inc., a Washington corporation, with registered office at 3142 Hwy 101 East, Port Angeles, WA 98362, herein called "contractor." 1N CONSIDERATION of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties agree as follows; 1. SCOPEOF SERVICES: 1.1 Contractor shall provide required labor and materials for removal of existing carpet and preparation of the floor surfaces, for replacement carpet in the upstairs and downstairs areas of the Port Angeles Senior Center. 1.2 Contractor shall be responsible for removal and disposal of all carpet debris, and Contractor shall be responsible for all permits al~d licenses. 1.3 Contractor shall supply all needed materials and labor for installation through out the Senior Center of new carpet describes as: Kraus Monument Travertine #877333 with Spill Guard backing, 100% BCF Nylon Solution Dyes, 30 ounce, No zipper, or edge ravel. 4. City shall be responsible for the re~oval and replacement of all furniture. 2. PAYMENT: For performance of all work by the contractor and compliance with all obligations of the Contractor with this agreement, City shall pay the Contractor a total consideration of $34,841.19, which amount includes payment for applicable taxes, licenses or permits. Payment shall be made as follows: 1. The balance shall be paid within 30 days after completion and receipt of all releases required by law. 3. TIME OF PERFORMANCE: The Contractor shall begin on February 1, 2005 and complete work by February 15, 2005 unless such time for performance is extended in writing by City upon good cause shown. 4. INDEPENDENT CONTRACTOR STATUS: The contractor is an independent contractor. The Contractor is not an employee of the City and is not entitled to the benefits provided by the City to it's employees. The Contractor has the authority to control and direct the performance of the details of the services to be provided. The Contractor shall assume full responsibility for the payment of all federal, state and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, and income tax. 20 HOLD HARMLESS AND INDEMNIFICATION: The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, law suits, or expenses, including attorney's fees, arising out o for in connection with the performance of this contract. The Contractor shall conduct the work so not to cause any damage to the Longhouse building or any adjacent city property. In the event the Contractor causes damage to any such property the Contractor shall pay the full costs of repair and restoration of the property. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this contract. 6. INSURANCE: The Contractor shall maintain a commercial general liability insurance policy written on an occurrence basis by a company licensed to write insurance coverage within the State of Washington with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual products/completed operations broad-form property damage and underground if applicable. The Contractor shall also maintain automobile liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage. Any payment of deductible or self insurance retention shall be the sole responsibility of the Contractor. The City shall also be named as an additional insured on the commercial general liability insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's insurance shall be primary insurance as respect to the City and the City shall be given (30) days prior written knowledge of any cancellation, suspension or material change in coverage. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except to the limits of insurer's liability. APPLICABLE LAW: This contract shall be governed by, and construed in accordance with, the laws of the State of Washington. AMENDMENT: No amendment to this contract shall be binding or enforceable unless it is made in writing and executed by duly authorized representative of each party. 9. NON DISCRIMINATION: The parties shall conduct their business in a manner which assures fair and non- discriminatory treatment of all persons, without respect to race, creed, color, sex, Viet Nam era status, disabled veteran condition, physical or mental handicap, or national origin, and, in particular: 1. The parties will maintain open hiring and employment practices and will welcome applications for employment in all positions from qualified individuals who are members of the above stated minorities. 2. The parties will comply strictly with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non-discriminatory requirements in hiring and employment practices and assuring the service of all patrons and customers without discrimination with respect to the above-stated minority status. 10. WAGE RATE FORMS: Before payment is made by the city of any sums due under this contract, the City must receive from the Contractor and each subcontractor a copy of"Statement of Intent to Pay Prevailing Wages" (Form L & I Number F700-029-000) approved by the Washington State Department of Labor and Industries. Upon completion of this contract, the City must receive from the Contractor and each subcontractor a copy of "Affidavit of Wages Paid" Form L & I Number F700-007-000) approved by the State Department of Labor and Industries. In addition, the City must receive from the Contractor a copy of" Request For Release" (Form L & I Number F 263- 083-000) approved by the State Department of Labor and Industries. These affidavits will be required before any funds retained according to the provisions of RCW 60.28.010 are released to the Contractor. Forms may be obtained from the Department of Labor and Industries. A fee of $25.00 per each "Statement of Prevailing Wages" and Affidavit of Wages Paid" is required to accompany each form submitted to the Department of Labor and Industries. The Contractor is responsible for payment of these fees and shall make all applications directly to the Department of Labor and Industries. These fees shall be incidental to all the bid items of this contract. If using the occupation code for wage affidavits and payrolls, and if the project involves more than one jurisdictional area, the Contractor shall reference the area just after the occupation code number. For example: 10-0010 YaK.E. 11. 12. TERMINATION The City may terminate this contract at will upon fifteen (15) days written notice to the Contractor for cause. ENTIRE CONTRACT The parties agree that this contract is a complete expression of the terms hereto, and any oral representation or understanding on incorporated herein is excluded. CONT,.ACTOr: '~ (Name of Person) TITLE: ~, I~,.L(:~t~ CITY OF PORT ANGELES: DATED: BY: (Name of Person) TITLE: DATED: ATTEST: (City Clerk) William E. Bloor City Attorney 23 WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: TO: FROM: SUBJECT: February 15, 2005 CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities Addition of One New Apprentice Lineman Position Summary:: The Light Operations Division currently has an aging workforce, with several employees approaching or already eligible for retirement. Recently, one employee resigned, two more have announced their retirement, and one has been placed on disability with only a slim chance of returning to work. Recruitment for new linemen has been difficult due to high demand in other geographic areas. Recommendation: Authorize the addition of one additional employee in the Public Works & Utilities Department to start as a groundman for six months and to advance to an Apprentice Lineman position when the new school year begins in September 2005. Background/Analysis: In the past six months Light Operations has lost one lineman by resignation and a foreman due to a medical condition. In March an additional Journeymen Lineman will retire, and another Journeymen Lineman could retire at any time. This has reduced Light Operations to having only a single crew rather than the two that it normally runs. The response to our recruitment for replacement linemen has been meager at best due to high market demand for linemen outside of our geographic area. At the last semi-annual meeting of the East-West Electric Utilities Superintendents and Operations Managers, this was a topic of discussion. Almost every utility represented indicated that they were having large problems with recruiting qualified and experienced linemen, metermen, or substation technicians. One of the problems is that utilities in Southern California are offering large signing bonuses, high wages, and unlimited overtime to recruit linemen. Another problem is the average age of a lineman in the national market is over 60, which continues to cause the journeyman pool to decline. Light Operations Division is recommending the addition of another employee who will go through the Apprentice Program. It typically takes four years to produce a journeyman. Since the shortage of lineman is an industry-wide problem, it is imperative that Light Operations start to get more linemen into the pipeline in order to prepare for the future. Recently, Light Operations developed an employee contract for new apprentices which will require them to sign up for a long-term employment arrangement with the City before being accepted into the Apprentice Program. The contract will ensure that the City meets its objective of filling its journeymen ranks by requiring six years of employment with the City after graduation from the Apprentice Program. N:\CCOUNCILWINAL~Apprentice Lineman Position.doc 2 5 WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: TO: FROM: SUBJECT: February 15, 2005 C1TY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities ~v<~ Olympic Discovery Trail Emergency Repairs Project No. 05-05 Summary: The emergency repair work for the Olympic Discovery Trail is nearly complete, with only final placement of concrete ecology blocks and cleanup remaining. After award of the contract, additional damage was done to the revetment along the Trail due again to high tides and strong winds February 3-5, resulting in the need for placement of additional rip rap to protect the trail. Recommendation: Approve and authorize the City Manager to sign Contract Change Order No. 1 in the estimated not to exceed amount of $17,000 (including tax) to perform the required additional work. Background/Analysis: The emergency repair work for the Olympic Discovery Trail is nearly complete, with only final placement of ecology blocks and cleanup remaining. Additional damage due to high tides and strong winds February 3, 4, and 5 not only effected the already damaged areas, but created some additional areas requiring reinforcement. An additional 335 tons (above the estimated 525 tons) of rip rap was needed to complete the project. This will result in an increase of approximately $15,000 (including tax) to the project. This will also result in adding an additional 40 tons of required 1 inch minus clean drain rock for approximately $2,000 (including tax). The summary of the total project is as follows: Contract Amount Estimated Change Order Estimated Project Cost $27,473.55 $17,000.00 $44,473.55 While this is a substantial increase in quantity, this is the time to address these areas. The current Washington Department of Fish and Wildlife permit for the work expires February 15. In that this is not a budgeted project, it is recommended that funding be from the unallocated portion of the General Fund Projects for Capital Facilities Improvements. It is further recommended that the City Council approve the quantity increase and authorize the City Manager to sign the change order for an estimated not to exceed amount of $17,000 (including tax. N:\CCOUNCIL\FiNAL\Olympic Disc Trail Emergency Repair, Proj 05-05.doc CITY COUNCIL MEETING Port Angeles, Washington February 1, 2005 CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES, PRESENTATIONS AND PROCLAMATIONS: WORK SESSION: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Refunding of 1995 G.O. Bonds and 1995 Electric Utility Revenue Bonds Ordinance No. 3185 Ordinance No. 3186 Mayor Headrick called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Headrick, Councilmembers Braun, Erickson, Munro, Pittis, Rogers [arrived at 6:15 p.m.], and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Bloor, Clerk Upton, B. Collins, O. Cutler, D. McKeen, T. Riepc, Y. Ziomkowski, and S. Johns. Public Present: S. Chapmen, M. Glenn, T. Hockett, J. Leskinovitch, T. Ahlgren, M. Hope Wall, G. Kxiedberg, P. Lamoureux, J. Gloor, T. Linde, R. Kennedy, A. Kennedy, T. Irwin, C. Newman, S. Kennedy, M. Doherty, T. Jennings, R. Pitt, M. Roon, M. Harrington, F. Andrews, and C. Kidd. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Finance Director Ziomkowski. None. None. 1. Refunding of 1995 G.O. Bonds and 1995 Electric Utility Revenue Bonds: Because the Bond Counsel and Financial Advisor were in need of returning to Seattle this evening, Mayor Headrick moved the refunding bonds to earlier in the agenda. Finance Director Ziomkowski informed the Council that the current interest environment is favorable for the City to refinance its outstanding 1995 voted general obligation bonds, as well as the 1995 Electric Utility bonds. By refunding the bonds, a 15% savings could be generated on the Electric bonds, and a 7.5% savings could be realized on the GO bonds. Director Ziomkowski introduced Bond Counsel David Thompson and Underwriter Jean Baker. With the use of PowerPoint slides, Director Ziomkowski discussed the voted general obligation bonds for the Library, indicating there would be a total savings of approximately $206,628 because of the refunding. For the Electric Utility bonds, the refunding should result in a total savings of $889,123. She informed the Council that it is being asked to adopt the two Ordinances, as well as the contract with Seattle Northwest for the sale of the bonds. Discussion ensued and, in response to an inquiry from Conncilmember Munro, Director Ziomkowski indicated the bonds were callable in 2005. Attorney Bloor advised the Council that it is being asked to deviate from past CITY COUNCIL MEETING February 1, 2005 ORDINANCES NOT REQUIRING PUBLIC HEARINGS: (Cont'd) Refunding of 1995 G.O. Bonds and 1995 Electric Utility Revenue Bonds Ordinance No. 3185 Ordinance No. 3186 (eom'd) LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: practice in that it is not typical for the Council to adopt an Ordinance at its first presentation. However, in this instance, the Council is being asked to do so in order to capture the best interest rate possible. Councilmember Williams moved to suspend for the two bond Ordinances the normal rule regarding the adoption of Ordinances. Councilmember Pittis seconded the motion, which carried unanimously. David Thompson, Bond Counsel, approached the podium to clarify that the Council need not pass a motion to approve the escrow agreement. Approval of the escrow agreement and authorization for the City Manager to sign the agreement is included in the Ordinances. Mayor Headrick read the fast Ordinance by title, entitled ORDINANCE NO. 3185 AN ORDINANCE of the City of Port Angeles, Washington, authorizing the issuance and sale of unlimited tax general obligation refunding bonds of the City in the aggregate principal amount of $2,345,000 to refund certain outstanding unlimited tax general obligation bonds of the City; authorizing the appoinOnent of an escrow agent and the execution of an escrow agreement related to such refunding; providing the date and form of said bonds; providing for the disposition of the bond proceeds; providing for the annual levy of taxes to pay the principal of and interest on thc bonds; and approving the sale of the bonds. Councilmember Pittis moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Williams and carried unanimously. Mayor Headrick read the second Ordinance by title, entitled ORDINANCE NO. 3186 AN ORDINANCE oftbe City of Port Angeles, Washington, authorizing the issuance of electric revenue and refunding bonds in the principal amount of $3,185,000 to refund certain outstanding electric revenue bonds of the City and to finance the cost of certain improvements to the City's Elec~c System; authorizing the appointment of an escrow agent and the execution of an escrow agreement related to the refunding; authorizing the terms of the bonds; establishing covenants to secure payment of the bonds; and approving the sale of the bonds. Councilmember Braun moved to adopt the Ordinance as read by title. Councilmember Munro seconded the motion, which carried unanimously. Councilmember Braun asked for discussion regarding Cedar Street, which was added as Agenda Item 1.6. Manager Quinn asked for consideration of a Resolution in support of the School District's bond levies; the Resolution was added as Agenda Item G. 1. Mayor Headrick added a Resolution regarding the graving yard as Agenda Item G.2. Mike Glenn, Chief Executive Officer of Olympic Medical Center, advised the Council that OMC has applauded the efforts of the City Council to fluoridate the City's water supply. The Medical Center remains in support of fluoridation, as it is effective, safe, and an important part of the corranunity's health and wellness commitment. Fluoridation has been deemed by the Centers for Disease Cunn:ol to be one of the greatest public health advancements in the last century. Fluoridation has been strongly LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: (Cont'd) CITY COUNCIL MEETING February 1, 2005 endorsed by the OMC Medical Staff, as well as local dentists. He asked for the Council's continued support. Peter Ripley, 114 E. 6"' Street, #102, reiterated his comments from 2003 whereby he urged the Council m place the matter of fluoridation before the voters. He felt the public should be given an opportunity to support or oppose fluoride. He noted there may be a stignm attached to a public vote in that people may assume there is opposition to the well being of the children, which is not the case. Timothy Hockett is Deputy Director of the Olympic Community Action Programs, which includes an oral health care access program. Mr. Hockett urged the Council to stay the course, as he deals with poor people who cannot afford to obtain dental care. Fluoride would be a passive means to provide these low income individuals with improved dental health. Mr. Hockett has placed his trust in the medical and dental community and their position that fluoride would help the oral health of this community. Mr. Hocker indicated that the Council has made a decision and has a grant from the Washington Dental Service Foundation for a water fluoridation system. He urged the Council to move forward. Todd Irwin, D.D.S., President of the Olyrnpic Peninsula Dental Society, supported Mr. Hockett's commentaries, noting there is a great deal of local suffering, and more suffering and dental disease have occurred since this subject has been debated over the past two years. For all of the information provided to the Council on fluoride, Dr. Irwin felt the legitimate information states that fluoride is safe, effective, and needed. Gary Kriedberg informed the Council that he raised his daughters in South Carolina, having moved to Port Angeles seven years ago. Local dentists felt that the condition of the daughters' teeth was entirely too good for the girls to have been raised in Port Angeles. Mr. Kriedberg felt the Council made the right decision to fluoridate the water; he urged the Council to proceed. Tom Locke, County Health Officer, has the honor of being the current chair of the State Board of Health. He indicated that fluoridation is a community health policy decision that is difficult, became it is complex and controversial. Dr. Locke didn't feel that a public vote is the best way to make health policy decisions. The State Board of Health has passed some very controversial roles, and it would be unthinkable for the Board to put issues to a vote, as these types of decisiom are their legal responsibility. Dr. Locke felt that the Council mede a courageous decision, and he urged the Council to adhere to its original determination to fluoridate the water. Wallace Hinderer, a Port Angeles resident, favored non-fluoridation. He felt that it could be beneficial for children from ages 1 - 12 but, beyond that, he saw no value. He felt the Council was making a decision for those younger residents by imposing fluoridation on every citizen in the City. Mr. Hinderer felt that if fluoride carried weight and validity, then the people of the City would approve it. He felt this is not a decision for the City Council to make. Mary Meyer, 1504 MacDonald, thought she would be obtaining information about an advisory ballot this evening but, instead, she received a reminder of the past year. She felt that every individual should have the right to decide what is put in their body. Parents of children should be making similar decisions. Ms. Meyer was hopeful that the Council would let the people of the City exercise that right. Tyler Aldgren, President of Protect thc Puninsula's Future, advised thc Council that the Board feels the issue of fluoride should be placed on the November ballot for a vote of the people. Steve Chapman, Pediatrician, thanked the Council for its February, 2003, vote to CITY COUNCIL MEETING February 1, 2005 LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: (Cont'd) fluoridate the water. He recognized a move on the part of the YMCA to move junk food and soda pop machines away from the entrance in the interest of health. Dr. Chapman felt there had been a great deal of"process" over the past two years, and he added that it was time to move forward on fluoride. Further, he expressed the opinion that it was time to stop spending taxpayer money on "process" by keeping something with a medical benefit away from children. He advised the Council there is no new information on the dangers of fluoride, and it is scientifically and medically supported. Dr. Chapman indicated that not everything needs to go to a vote, and it is time for the matter to be "put to bed". Joan Gloor, a resident on Black Diamond Road, informed the Council that she accesses places in town and does not want fluoridated water. She felt that the City should not medicate people with fluoride and that the matter should be put to a public vote. She reiterated her strong opposition to fluoride. Gail Hinderer read a prepared statement to the Council, indicating her opposition to fluoride. She supported the matter being put to a public vote, as the people should be given the opportunity to make the decision. Ms. Hinderer discussed the original proposal for fluoride, noting it is toxic waste. Further, she indicated that her daughter has multiple sclerosis and does not want fluoride. Jim Leskinovitch, President of the Board of Olympic Medical Center, expressed he was in favor of fluoridation. He felt it to be a health issue, and it has been proven that it works for over 70 years for all ages. Mr. Leskinovitch indicated fluoride is cost effective, and it is a preventative method used for the long-term health of individuals. He urged the Council to not listen to misinformation, but to be the leaders they were chosen to be. Scott Kennedy, Chief Medical Officer of Olympic Medical Center, discussed his three daughters being raised in a non-fluoridated community and having visited thc dentist many times over recent months. Dr. Kennedy believed Dr. Locke's input in that fluoride is a public health issue for the corcannnity. He indicated there are decades of experience with fluoride, and there is sufficient evidence to move ahead especially because of the support from the medical and dental community. Dr. Kennedy noted there is a grant in hand and, although it will be costly, he felt it wouldn't be as costly as not providing fluoride for the children of the community. He urged the Council to hold firm with its decision. Maureen Hope Wall advised the Council that the water belongs to all of the citizens, and every person needs to decide what to do with the water. Mike Doherty, 617 S. "B" Street and Clallam County Conaidssioner, thanked the Council for parmering with the County on the "2 Good 2 Toss" recycling effort. He also expressed appreciation for the repairs to the Waterfront Trail, and he acknowledged Fire Chief McKeen's efforts with Joe Ciarlo in reviewing the oil spill draft documents. Mr. Doherty informed the Council he was raised in Port Angeles, and four generations of his family relied on ama dentists. He supported Mr. Hockett's earlier comments to get on with fluoride. Mary Roon, employed at 930 Caroline, is a certified mid-wife who attended the first hearings on fluoride and heard about children with rotten teeth. Ms. Roon indicated she sees a lot of babies and their mothers in her profession, and there are many problems with cavities and abscesses among the mothers. There is no care for those mothers, and Ms. Roon described a situation that led to infection where a root canal was not affordable, so the tooth had to be pulled. She indicated that secondary infections due to teeth can cause harm to the fetus as well as thc mother, and it is well known that damage to teeth causes problems during pregnancy. She felt this is a big problem, and she spoke in support of fluoride for mothers and their children. As a 30 LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: (Cont'd) OTHER CONSIDERATIONS: Fluoride Discussion re: Potential Advisory Ballot CITY COUNCIL MEETING February 1, 2005 mother and grandmother who worked for the Mayo Clinic, Ms. Roon noted there were many patients from different ethnic groups exposed to fluoride, and never was there such a problem as there is in this area. She lived in Minnesota with fluoridated water, and her children, adopted children, and foster children never had cavities. Her husband grew up with fluoride and never had cavities until living in Port Angeles. Ms. Roon felt that the decision on fluoride is a "no bminer"and a public health issue that impacts everyone. Madeline Harrington, 902 Caroline, a pedialrician, spoke in support of fluoride, indicating that the science totally supports fluoridation. In her profession, Dr. Harrington sees totally rotten teeth, and it is very expensive for people who don't have dental care. She indicated that, because of fluoride, her children have fluorosis, but their teeth are very strong. She urged the Council to go forward with the original decision. Paul Lamoureux, 602 Whidby, felt that it wasn't the City Council's job to tell him what to do with his body, and he addressed the physicians and dentists in the audience by repeating the same sentiment. He felt the money from the Foundation should be used to serve the people who need fluoride. Mr. Lamourenx then indicated he was still awaiting information on solar energy, and he suggested an emergency alarm system for the City. The information from the Park Service on the Elwha Dam Removal Supplemental EIS has a deadline of March 15 for comments; he urged the City to not let that date pass. Mr. Lamoureux sought information regarding the Chevy station wagon that he thought was being traded for a new vehicle; Director Cutler clarified that the station wagon is in the process of being auctioned on E-Bay. Mr. Lamoureux appreciated clarification on funds involved in a project change order, and he then questioned the amount of funds expended on maintenance for the Waterfront Trail. 3. Fluoride Discussion re. Potential Advisory Ballot: Because of the interest in the potential advisory ballot for fluoride, Mayor Headdck moved consideration of that agenda item to the present. Councilmember Piths had asked that this matter be placed on the agenda, recognizing the decision on fluoride was made prior to his joining the Council. The Council had a chance to listen to testimany relative to SEPA, it upheld the SEPA information as being valid, and it provided more information relative to the impacts of fluoride, bothpro and con. Councilmember Pittis felt the Council had an opportunity to step back to determine if there is another consideration, as the community has been well divided on an issue that is difficult to address. Noting his respect for corrunents from the medical community, he felt the argument that those ages 1 - 12 may need to be represented might be valid, but he was uncertain if that was the Council's role. He noted that in excess of $50,000 has been spent in trying to provide additional information for the SEPA appeal, which is a necessary part of the process. However, Councilmember Pittis suggested that the City voted on this matter before and, if another vote were held at this time, he would propose that the City host 3 - 4 informational forums to be professionally moderated. He recognized the City doesn't vote on every issue, but he was of the opinion that this issue is different. Therefore, Councilmember Pittis moved to have an advisory ballot in November and to host 3 - 4 forums to be moderated in conjunction with that ballot. The motion was seconded by Councilmember Williams. Councilmember Williams spoke in favor of the motion, indicating he has been erroneously characterized as being anti-fluoride. However, he hasn't stated his position on fluoride, and he didn't feel it was his duty. If there is a vote, he indicated he would vote his conscience. Councilmember Williams felt that, if the matter of fluoridation is a health policy decision, then the health professionals should provide the needed direction, such has been done on speed limits and chlorinated water. Such a matter should not be let~ to local options, as there is no consistency statewide. He indicated that people move to this town and don't realize the water isn't fluoridated, which is a CITY COUNCIL MEETING February 1, 2005 OTHER CONSIDERATIONS: Fluoride Discussion re: Potential Advisory Ballot (Cont'd) FINANCE: CH2M Hill ConU'act Amendment continuing problem. He emphasized the fact this would only be an advisory vote to the Council and, ffthe Council maintained its current position, then the decision wouldn't change. Nevertheless, the opinion of the people would be made known for those drinking the water and for the children in their charge. Councilmember Williams shared information relative to the time fluoride was first discussed at the Utility Advisory Committee, after which a recommendation was submitted to the City Council. Since that time, he conducted further investigation and, in terms of new information, it was his understanding there have been more discussions at the national level considering the validity of em-rent maxiunnn contaminate levels. With the newer information, some countries have revised the levels downward. Councilmember Williams reiterated his support of an advisory ballot and stated his hope that someone at the state and national level would take this into consideration and make it into a law if it is, indeed, a level of concern. Councilmember Braun disagreed with prior counnents made, as the Council spent hours reading the text for and against fluoride and has attended hearings on the matter. He felt that nothing has changed. Counciimember Braun, having been born and raised in Port Angeles, recalled painful times at the dentist's office from a very young age. He noted that his children have fairly good teeth only because he fluoridated their water on a daily basis. He informed the Council that his daughter did graduate work in this particular area and works for the State of Hawaii. He shared that the Federal Government chose to fluoridate the water in Hawaii for all service personnel, but the remainder of the citizens opted not to participate as they were influenced by information that they accepted regarding the toxicity of fluoride. Councilmember Braun indicated he would vote against the ballot and the forums as the matter should be put to rest. Councilmember Munro appreciated both sides of the issue, as it is clear that it brings with it a great deal of emotion. However, he supported Counciimember Braun's position in that the Council listened to a lot of testimony on the matter. He stated his absolute trust in the advice from doctors and dentists, indicating he didn't question their recommendation. He felt that, when an apparent 100% of the medical community supports an issue with no economic benefit to be gained, he could see no reason why the Council would vote any other way. Councilmember Erickson initially supported fluoridation and, because she ran for election on that premise, she stated her continued support for fluoridation and intention to vote against the motion. Councilmember Rogers indicated she, too, would be voting against the motion, as there have been over two year's of discussion and analysis. She felt it was time to take the courageous step by moving forward with fluoridating the water. Mayor Headrick indicated it is a horrendous job to educate the public on such matters. He felt the Council spent many hours listening to testimony and reading materials on the subject, and the Council has the responsibility as elected officials to make these decisions. The Mayor did not feel it reasonable to pass the responsibility on to the public to make a decision. He added that it is a medical decision that should be made by the medical profession. A vote was then taken on the motion. Councilmembers Pittis and Williams voted in favor of the motion, and Mayor Iteadrick and Councilmelnbers Munro, Eriekson, Braun, and Rogers voted in opposition. The motion, therefore, failed. 1. CH2M Hill Contract Amendment: Public Works & Utilities Director Cutler presented information relative to the amended contract with CH2M Hill, explaining the consultant would provide engineering services related to the design of utility extensions to the proposed annexation area in the western FINANCE: (Cont'd) CH2M Hill Contract Amendment (Cont'd) Spot Coating #2 Floating Cover, Project 04-10A Landfill Compactor Engine Replacement Waterfront Trail Repairs Break CITY COUNCIL MEETING February 1, 2005 UGA. The most significant issue is fire flow for the Mill, and costs also include the additional task of an Emergency Response Plan for the Water Utility. Director Cutler advised the Council that the City is looking to provide uU]ities to that area no later than November 1, 2005, and the fire flow would follow. He noted there is a meeting scheduled with the property owners this coming Thursday, 7:00 p.m., to discuss the project, associated costs, and projected time frames. Following brief discussion, Councilmember Williams moved to authorize the Mayor to sign Amendment No. 1 to the Consultant Agreement with CH2M Hill in the amount of $424,059.00, for a total contract amount not to exceed $842,059.10. Councilmember Rogers seconded the motion, which carried unanimously. 2. Spot Coating #2 Floating Cover, Project 04-10A: Director Cutler explained to the Council that the first successful bidder, Square Construction, could not perform the necessary work, so Public Works returned to the bid documents and inquired of the next bidder if the bid price would be honored. Grecor Construction agreed to hold the price, and staff is reconanending that the contract for the floating cover be awarded to Grecor. Responding to an inquiry from Councilmember Pitris, Attorney Bloor clarified that the original contractor would be dropped from the Small Works Roster and considered to be non-responsive if it bids on any City project on or before December 31, 2005. In addition, Director Cutler indicated staffis studying the possibility of requiring a bond for projects over $35,000, acknowledging such a requirement would be more expensive for contractors. Councilmember Pittis moved to award and authorize the Mayor to sign a contract with Grecor Construction of Olympia in the amount of $30,865.50, for Spot Coating the #2 Floating Digester Cover, Project 04-10A. The motion was seconded by Councilmember Braun and, following brief discussion, a vote was taken on the motion, which carried unanimously. 3. Landfill Compactor Engine Replacement: Director Cutler presented information pertinent to the need to replace the engine on the Landfill compactor. An engine had to be installed right away and, because of the price, Council approval was necessary. Councilmember Rogers moved to authorize the Director of Public Works & Utilities to secure the services of NC Machinery to replace the engine in an amount up to $20,000. Councilmember Braun seconded the motion. Discussion ensued with regard to the future use and/or resale of the compactor in view of the upcoming Landfill closure. A vote was taken on the motion, which carried unanimously. 4. Waterfront Trail Repairs: Director Cutler summarized the need to perform immediate repairs to the Olympic Discovery Trail east of the Rayonier Mill site, repairs that were necessitated because of high tides and winter storm events that undermined various portions of the Trail. Repairs can commence as of Monday and must be completed by February 15th in order to meet Fish & Wildlife requirements on the fish window. Director Cutler indicated that appropriate permits have been obtained from the County and, in response to Councilmember Rogers, he indicated the fimding would come out of the unallocated portion of the CFP. Councilmember Williams moved to award the project and authorize the Mayor to sign a contract with Horizon Excavating, Inc, in the amount of $27,473.55 for the Olympic Discovery Trail Emergency Repairs Project 05-05. The motion was seconded by Counciimember Rogers and carried unanimously. Mayor Headrick recessed the meeting for a break at 7:20 p.m. The meeting reconvened at 7:35 p.m. 35 CITY COUNCIL MEETING February 1, 2005 Chamber of Commerce Contract Economic Development Council (EDC) Contract Request to Extend Humane Society Contract by One Month Vehicle Purchases fi:om State Bid 5. Chamber of Commerce Contract: Russ Veenema, Chamber of Commerce Executive Dffectur, submitted a report to the Council on the Chamber's marketing efforts for tourism promotion. He discussed details pertinent to lodging tax revenues, as well as the 2005 revenue projections. Mr. Veenema, in referencing occupancy rates on the Peninsula, noted that Port Angeles has realized higher than usual occupancies. He then summarized the 2005 brochure and delineated many of the changes made to the Vacation Planner. Mr. Veeneraa discussed with the Council the success experienced on the Dungeness Crab Festival, and he indicated the Council has been provided with the Chamber Board's goals and objectives. Discussion ensued with regard to increased revenues from sales tax, but Finance Director Zinmkowski clarified that approximately $222,000 was a one-time influx from the graving yard project. Manager Quinn then presented the proposed contract with the Chamber of Commerce for tom'ism marketing. He noted that the level of funding was higher than usual in view of the fact $100,000 from capital was placed in promotions and marketing. In addition, this contract contains a clause for annual renewal. Following brief discussion, Councilmember Rogers moved to authorize the Mayor to sign the contract with the Port Angeles Chamber of Commerce for 2005 tourism information and promotion services in the amount of $337,527. Counciimember Braun seconded the motion, which carried unanimously. 6. Economic Development Council (EDC) Contract: Manager Quiun presented the 2005 contract with the Economic Development Council, summarizing some of the minor changes made to the language. He noted that Jim Haguewood, Executive Director, had forwarded a more recent copy of the EDC Strategic Plan which was incorporated as an exhibit to the contract. Councilmember Munro asked for clarification regarding Section 7., Dispute Resolution, and Attorney Bloor indicated he would rewrite the clause for more clarity. Following brief discussion, Councilmember Rogers moved to authorize the Mayor to sign the contract with the Clailam County Economic Development Council for 2005 in the amount of $35,000 plus an allowance of $2,500 for in-kind telephone service. Thc motion was seconded by Councilmember Williams and carried unanimously. 7. Request to Extend Humane Society Contract by One Month: Manager Quinn advised the Council that the contract with the Humane Society expired as of December 31, 2004, and he has been working with the County and the Humane Society on a new contract. In the meantime, however, he indicated he would like the option of extending the old contract in order to pay the Humane Society under the same terms as the prior contract. The new confract is projected at $80,000 per year, and he expressed hope that it would be finalized and ready for Council review by the next meeting. Manager Quinn added that it may be moot, as the Humane Society has indicated it would not issue invoices until the new contract is approved. Couneiimember Eriek. son moved to extend the contract with the Humane Society through the end of March, 2005. The motion was seconded by Couneilmember Pittis and carried unanimously. 8. Vehicle Purchases from State Bid: Director Cutler presented information on vehicle purchases, indicating he would like to withdraw action on the Toyota Prius. He asked that the Council approve the recommended purchase of the two police cars. Therefore, Councilmember Pittis moved to authorize the City Manager to sign contracts and purchase orders for two Ford Crown Victoria police cars. The motion was seconded by Counciimember Munro and carried unanimously. CONSENT AGENDA: CITY COUNCIL COMMITTEE REPORTS: RESOLUTIONS: Resolution in Support of School Disttict Bond Levies Resolution No. 3-05 Resolution in Support of Letter to Governor with Accompanying Statement of Principles - Graving Yard Resolution No. 4-05 CITY COUNCIL MEETING Febmary 1, 2005 Councilmember Braun moved to accept the Consent Agenda to include:l.) Civy Council Minutes - January 18, 2005; and 2.) Expenditure Report - January 21, 2005 - $857,324.46. The motion was seconded by Councilmember Munro and, following brief discussion, the motion carried 6 - 0, with Couneilmember Ericksun abstaining due to absence from the January 18, 2005, City Council meeting. 1. Resolution in Support of School District Bond Levies; and Resolution in Support of Letter to Governor with Accompanying Statement of ?rinciples - Graving Yard: Manager Quinn presented for the Council's consideration a Resolution supporting the School District's Maintenance & Operations Lew renewal. Cmmcilmember Williams inquired as to past practice in seeking public input before passing a Resolution of this nature. Attorney Bloor understood the Council's desire to remain consistent, but he was unaware of any State law stipulating that a public hearing must be conducted, especially when the Council wasn't speaking in support of a City ballot measure. Lengthy discussion ensued as to the origin of the practice, and Councilmember Rogers indicated she had requested the Resolution in that it is critically important to support the education system in the community. Clerk Upton offered to secure the resource material that led to public input in the past. She departed the Chambers, so the Council tm-ned its attention to the next Resolution under consideration, that being a Resolution in support of the letter to the Governor with the accompanying Statement of Principles on the matter of the Graving Yard. Mayor Headrick presented the Resolution, indicating it would provide support for the letter he sent to the Governor on the Graving Yard, in part because the Department of Transportation had suggested there wasn't much interest in Port Angeles inasmuch as there were only two Councilmembers involved in the process. Couneilmember Erickson moved to pass the Resolution as presented, the title of which is set forth below. Couneiimember Munro seconded the motion. RESOLUTION NO. 4-05 A RESOLUTION ratifying the letter to the Governor and the accompanying statement of Principles. Councilmember Pitfis felt it important for the Council to pass the Resolution on a unanimous vote, as the City has been wrongly characterized as only having two Councilmembers supporting the issue and its economics. He felt the Resolution appropriately stated sensitivity and respect for the Tribe. Councilmember Erickson agreed, especially with the language in the Principles as to open discussion without charges &racism and without retaliation to the Tribe. Councilmember Munro also supported a unanimous vote in the interest of a stxonger message for the meeting in Olympia. Councilmember Williams supported the Resolution, noting there are many long-term issues for the community, State and Nation. This is a unique situation, and there are many fundamental questions that need to be raised and resolved. He felt consensus needs to be reached and is attainable. Councilmember Braun, citing the consensus that was reached with the ultimate signing of the MOU on the Elwha Dams, expressed hope that a similar consensus could be reached in a win-win scenario. A vote was taken on the motion, which carried unanimously. Clerk Upton returned to the Chambers and, a~er reviewing the information she provided, Attorney Bloor advised the Council that the procedure of seeking public 3-5 CITY COUNCIL MEETING February 1, 2005 RESOLUTIONS: (Cont'd) Resolution in Support of School District Bond Levies Resolution No. 3-05 Resolution in Support of Letter to Governor with Accompanying Statement of Principles - Graving Yard Resolution No. 4-05 (Com'd) ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Adjust City Limits - Mt. Angeles Road and Portion of US 101 Ordinance No. 3187 input on a ballot measure was referenced in the Car~aign Finance Act. However, in this instance, he didn't feel the Campaign Finance Act required delay or additional action, and, therefore, the Council could express an opinion on the School District levies. Discussion ensued and, based on input from Councilmember Erickson, Attorney Bloor agreed that the City could not invest funds to promote a bond or levy of its own. The City would be limited to providing an objective statement. The Council, therefore, considered the Resolution as presented earlier. Mayor Headrick read the Resolution by title, entitled RESOLUTION NO. 3-05 A RESOLUTION of the City Council of the City of Port Angeles, Washington, in support of the Port Angeles School District No. 121 Maintenance & Operations Levy Renewal and the Technology Levy for 2006-2009. Councilmember Rogers moved to pass the Resolution as read by rifle. The motion was seconded by Councilmember Munro and carried unanimously. 1. .4djust City Limits - Mt. Angeles Road and Portion of US 101: Community Development Manager Collins advised the Council that the Ordinance under consideration would adjust the City Limits in conjunction with the approval of the Green Crow Subdivision offMt. Angeles Road between Bent Cedars Way and the City Limits near Leighton Avenue. He indicated this would be accomplished in part by adjusting the City Limits to include Mt. Angeles Road at the southern boundary of the Key Subdivision to the northern boundary of the Green Crow Subdivision along Mt. Angeles Road following the quarter section lines. In addition, in conjunction with the proposed annexation along US 101 in the sunthwestem UGA, the Ordinance includes the US 101 right-of-way fi:om the Pine Street Cutoffwest to Doyle Road. Discussion followed as to the approximate length of Highway 101 being brought into the City Limits, and Mr. Collins projected it to be less than one mile. He noted that, once the City reaches a population of 22,500, it would then be responsible for the maintenance of that portion of Highway 101. He added that, although the County worked with the City on this boundary adjustment, it had not yet taken formal action of approval in the form of an ordinance or a resolution. Mr. Collim informed the Council that the Washington Department of Transportation had written a letter stating there was no objection to the City assuming this portion of Highway 101, and copies of that letter had been distributed to the Council. Further discussion ensued as to projected costs &highway maintenance once the annexation is complete and more of the highway is brought into the City. Director Cutler was uncertain as to how maintenance costs to the City might increase once the City reached the population of 22,500, because the City would also then take responsibility for maintaining First and Front Streets as well. In responding to Councihnember Munro as to why the City is taking in Highway 101, Director Curler indicated this was part of the annexation proposal to the west, plus it is important in getting the utility work completed. Discussion then centered around impacts to Police and Fire services because of the expanded area. Chief Riepe advised the Council that the department was supportive of the City's efforts and understood the benefits to the City. ChiefMcKeen indicated the Fire Department automatically responds to that area anyway because of a mutual aid agreement. The City will likely get more revenue by virtue of increased ~ansports. Responding to Councilmember Braun, ChiefMcKean indicated that area is still within the four-minute response time. Councilmember Pittis noted it may be worthwhile to seek a legislative change in the threshold of 22,500 in population, perhaps to increase the figure to 25,000 regarding highway maintenance. ORDINANCES NOT REQUIRING PUBLIC HEARINGS: (Cont'd) Adjust City Limits - Mt. Angeles Road and Portion of US 101 Ordinance No. 3187 (Cont'd) OTHER CONSIDERATIONS: Requestto Ckculatean AnnexationPetition - Pitr - 2.30 acres, Homestead Avenue Request m Circulate an Annexation Petition - Andrews - 34.46 acres, Ahlvars / Laurel CITY COUNCIL MEETING February 1, 2005 Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. 3187 AN ORDINANCE adjusting the corporate boundary of the City of Port Angeles to include a portion of Mt. Angeles Road, and a portion of US 101 between Doyle Road and the Pine Street Cutoff. Councilmember Braun moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Rogers and carried unanimously. 1. Request to Circulate an .4nnexation Petition - Pitt - 2.30 Acres, Homestead Avenue: Mr. Richard Pitt, petitioner, addressed the Council, presenting a map of the subject area he wished to have annexed to the City. Councilmember Williams inquired as to the zoning, and Con-anurdty Development Manager Collins indicated the City's closest zone would be RS-9. Councilmember Williams noted that County zoning is likely LD, in which case 9 units per acre would bc allowed. Mr. Pitt advised the Council that he wished to only double his density to two large lots; he could obtain sewer and water now at an additional fcc. When asked by Mayor Hcadrick as to whether hc was willing to assume the City's indebtedness, Mr. Pitt responded in the affirmative. Following further discussion, Councilmember Williams moved that the discussion this evening would constitute the meeting with the initiating parties and, further, that the City Council authorize the circulation of an annexation petition as presented with a requirement for the assumption of existing indebtedness in the annexation petition and stipulating the assignment of zoning. The motion was seconded by Councilmember Braun. Councilmembar Williams asked if the City is obtaining right-of-way as part of the annexation, and Mr. Piti responded that when he sells the property, he would have an easement for the right-of-way to the east boundary. It would, therefore, include the right-of-way to thc center of Homestead Avenue. A vote was taken on the motion, which carried unanimously. Request to Circulate an Annexation Petitt'on - Andrews - 34.46 Acres, Ahlvers/Laurel: Community Development Manager Collins indicated the area in question is located southwest of Laurel and Ahlvers, and the site cannot be accessed through the County - it must be accessed in the City. However, only the portion of the subject area east of Valley Creek may be annexed into the City, since the area west of Valley Creek is outside the Urban Growth Area and, therefore, not eligible for annexation. The area west of Valley Creek is accessible only through the County. Francis Andrews, one- third owner of the property, approached the podium to answer any questions posed by the Council. When asked by Mayor Headrick as to the zoning for that property, Ms. Andrews indicated she thought it was similar to RS-9, which was acceptable zoning to the property owners. When asked ifthay would accept the City's indebtedness, Ms. Andrews answered in the affirmative. Councilmember Williams asked if there had been any discussion as to the possibility of traversing the property in order to have a hiking trail, and Mr. Collins responded that would be something to be pursued at the time of development. Councilmember Rogers felt that, in the future, it would be helpful for the Council to know the current zoning of the property and what it would become once annexed into the City. When asked by Councilmember Williams as to improvements to Laurel, Mr. Collins believed improvements to that street must be made at the time of development. 317 CITY COUNCIL MEETING February 1, 2005 Request to Circulate an Annexation Petition - Andrews - 34.46 acres, Ahlvers / Laurel (Cont'd) Approve 3/4 Time Employee to Full Time - City Attorney's Office Set City Council Special Meeting Date to Conduct Interviews for Planning Commission Cedar Street PUBLIC HEARINGS - OTHER: PUBLIC HEARINGS - QUASI JUDICIAL: INFORMATION: EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: Councilmember Rogers moved that the discussion this evening would constitute the meeting with the initiating parties and, further, that the City Council authorize the circulation of an annexation petition as presented with a requirement for the assumption of existing indebtedness in the annexation petition. The motion was seconded by Councilmember Braun. Councilmember Williams indicated his real estate broker resides in this area, and he asked if any of the Councilmcmbers had any objections to his voting on the motion. There were no objections, so a vote was taken on the motion, which carried unanimously. 4. Approve 3/4 Time Employee to Full Time - City Attorney's Office: Attorney Bloor summarized for the Council his request to increase a 3/4 time employee to full time, explaining the increased workload in the Attorney's Office and the need to increase efficiencies by having at least one full-time staffperson. Couneilmember Braun moved to authorize the reinstatement of a full-time position for the Legal Department. Councilmember Williams seconded the motion, which carried unanimously. 5. Set City Council Special Meeting Date to Conduct Interviews for Planning Commission: The Council agreed to set a special meeting for Tuesday, February 8, 2005, at 5:00 p.nx In order to accommodate a larger than usual agenda for the Utility Advisory Committee meeting to be held that same date, it was agreed to move the UAC meeting to 2:00 p.m. 6. Cedar Street: Councilmember Braun indicated the metal barrier on Cedar Street, northbound from 6t~ Street, has a hole in it due to mst. He asked for an update from Director Cutler, who indicated the City Engineer will be conducting an inspection. A more thorough report will be forthcoming. None. Based on input from Attorney Bloor, Mayor Headrick announced the need for an Executive Session for 40 minutes under the authority of RCW 42.30.110(i), to discuss with Legal Counsel three matters relating to agency litigation or potential litigation; and an item under the authority of RCW 42.30.110(g), to consider the qualifications of an applicant for a public position. It was anticipated that action may be taken. The Executive Session convenedat 9:40 p.m., and at apprnximately 10:20 P-re., the Sessi°n was extended to 11:15 p.m. by announcement of the Mayor. The Executive Session concluded at 11:15 p.m., no action was taken, and the Council reconvened in regular open session. Thc meeting was adjourned at 11:15 p.m. Richard A. Headrick, Mayor Becky J. Upton, City Clerk 355 CITY COUNCIL SPECIAL MEETING Port Angeles, Washington February 8, 2005 CALL TO ORDER - SPECIAL MEETING: ROLL CALL: Interview Candidates for Planning Commission ADJOURNMENT: Mayor Headrick called the special meeting of the Port Angeles City Council to order at 5:30 p.m. Members Present: Mayor Headrick, Councilmembers Braun, Erickson, Munro, Pittis, Rogers, and Williams. Members Absent: Staff Present: None. Manager Quinn, Attorney Bloor, Clerk Upton, B. Collins, and S. Robcrds. Public Present: None. Interview Candidates for Planning Commission: The City Council interviewed the following applicants for the Planning Commission: Ruth Hoham, Edward ZoNe, Kevin Snyder, Michael "Doc" Reiss, John Matthews, John Gilmore, Peter Ripley, Donald Schuba, Elizabeth "Betsy" Wharton, and David Johnson. Upon completion of the interviews, Clerk Upton indicated there was a need to again conduct a special meeting to interview the five remaining candidates. Therefore, the Council agreed to meet on Tuesday, February 15, 2005, at 4:00 p.m. to conduct the interviews. The regular Council meeting would then follow at 6:00 p.m., during which time the Council could make the six appoinanents to the Planning Commission. In response to an inquiry from the Council, Attorney Bloor clarified that the Council could conduct an Executive Session for the purpose of reviewing the applicants' qualifications. However, all appointments would need to be made in open session. The meeting was adjourned at 8:20 p.m. Richard A. Headrick, Mayor Becky J. Upton, City Clerk City of Port Angeles City Council Expenditure Report From: 1/22/05 To: 2/4/05 Vendor MOUZAKIS. MARK BROOKE & ASSOC ~NC, ROBERT IN THE LINE OF DUTY INC Jennie Webber Monica Graves Vicki Lebuis PFC PRODUCTS INC PORT ANGELES CITY TREASURER PROGRESSIVE BUSINESS PUBLCTNS QUILL CORPORATION WA STATE PATROL - WASIS ADVANCED TRAVEL SAFEWAY INC Legislative AT&T BUSINESS SERVICE QWEST VERtZON WIRELESS City Manager Department QWEST WASHINGTON (UNEMP), STATE OF City Manager Department QWEST WMCA -WA MNCPL CLERKS ASSN City Manager Department Description MOUZAKIS, MARK HARDWARE,AND ALLIED ITEMS HARDWARE,AND ALLIED ITEMS PATROL TRAINING TAPES DEP RFD LO 1/05 DEP RFD VB 12/04 RFD DEP LO 12/04 PRINTING,SILK SCR,TYPSET Rfd permit fee-Hainstock Renew 265463901 UTILITY CART Audio tapes Tab guides HP Scanjet 3670 Pens, tapes,whiteout Office supplies OFFICE SUPPLIES, GENERAL Criminal history-Hankins Cdm history-Proudfoot Criminal history-Nowak Criminal history-Tyson Criminal history-Bertman Criminal history-Mansur Olympia mtg-Headrick Misc mtgs-Headrick Solar Power SF-Williams COUNCIL REFRESHMENTS Mayor & Council Legislative 01-13 a/c 0172134468001 01-14 a/c 3604570411199B 01-15 a/c 36421103700001 City Manager Office 01-14 a/c 3604570411199B Benefit charges-4th Qtr Human Resources 01-14 a/c 3604570411199B WMCA 2005 ANNUAL CONF REG City Clerk City Manager Department Account Number Invoice Amount 001-0000-213.10-90 312.73 001-0000-237.00-00 -8.88 001-0000-237.00-00 -27.36 001-0000-237.00-00 -57,69 001-0000-239.10-00 50.00 001-0000-239.10-00 50.00 001-0000-239.10-00 50.00 001-0000-237.00-00 -16.77 001-0000-239.90-00 35.00 001-0000-237.00-00 -35.86 001-6000-237.00-00 -7.31 001-0000-237.00-00 -4.97 001-0000-237.00-00 -1.50 001-0000-237.00-00 -6.64 001-0000-237.00-00 -6.41 001-0000-237.00-00 -69.04 001-0000-237.00-00 -15.75 001-0000-229.50-00 24.00 001-0000-229.50-00 24.00 001-0000-229.50-00 25.00 001-6000-229.50-00 24.00 001-0000-229.50-00 24.00 001-0000-229.50-00 24.00 Division Total: $384.55 Department Totah $384.55 001-1160-511.43-10 53.16 001-1160-511.43-10 98.69 001-1160-511.43410 125.35 001-1160-511.31-01 37.67 Division Totah $312.87 Depa~mentTotal: $312.87 001-1210-513.42-10 76.25 001-1210-513.42-10 89.82 001-1210-513.42-10 10.00 Division Totah $t76.07 001-1220-516.42-10 89.82 001-1220-516.20-60 2,310.77 Division Totah $2,400.59 001-1230-514.42-10 44.91 001-1230-514.43-10 450.00 Division Totah $494.91 Department Total: $3,071.57 Date: 2/7/05 City of Port Angeles City Council Expenditure Report From: 1/22/05 To: 2/4/05 Vendor Description UNITED WAY OF CLALLAM COUNTY Human Svcs Funding Qtr4 City Manager Dept Community Service City Manager Dept ADVANCED TRAVEL Y/E Travel Adjustment Finance Department Finance Revenues ADVANCED TRAVEL Power Point-YZ,Hagar PSFOA mtg-YZ,Hagar WFOA committee-YZ Y/E Travel Adjustment QWEST 01-14 a/c 3604570411199B WA MUNICIPAL TREASURER'S ASSN-WM YZ CH DU ES WFOA-WA FINANCE OFFCRS ASSN Finance Department ADVANCED TRAVEL MICROFLEX INC OLYMPIC PRINTERS INC QWEST SUNGARD HTE INC DUES FOR ZIOMKOWSKI Finance Administration WFOA GASB34-Nevaril Tax Audit program-Dec Time cards Time cards 01-14 a/c 3604570411199B Q-Rep Reporting class WA MUNICIPAL TREASURER'S ASSN-WM RH TN CP TA DUES Finance Department DATABAR INCORPORATED QWEST SUNGARD HTE ~NC Accounting CYCLES 11-15 1/20/05 CYCLES 16-20 1/27/05 01-14 a/c 3604570411199B Q-Rep Reporting class WA MUNICIPAL TREASURER'S ASSN-WM RH KE LH DUES Finance Department AMSAN OLYMPIC SUPPLY RICOH BUSINESS SYSTEMS Finance Department ADVANCED TRAVEL DIGITAL COPY SERVICES INC GWEST WASHINGTON (DOT), STATE OF Attorney CLALLAM JEFFERSON PUBLIC DFNDR DIGITAL COPY SERVICES INC QWEST Attorney Customer Service Copy paper JAN NC 900-0005345-000 Reprographics Finance Department TrialPrep Seminar-DeFrang Trial Prep Seminar-Lusby December copies 01-14 a/c 3604570411199B WSDOT PHOTOCOPIES Attorney Office Public Defender fees-Feb December copies 01-14 a/c 3604570411199B Prosecution Attorney Account Number Invoice Amount 001-1390-519.49-71 31,250.00 Division Totah $31,250.00 Department Totah $31,250,00 001-2001-369.81-00 -14.40 Division Totah -$14.40 001-2010-514.43-10 152.80 001-2010-514.43-t0 100.80 001-2010-514.43-10 122.70 001-2010-514.43-10 -8.00 001-2010-514.42-10 89.82 00%2010-514.49-01 60.00 001-2010-514.49-01 50.00 Division Totah $568.12 001-2023-514.43-10 304.30 001-2023-51441-50 157.97 001-2023-514.31-01 150.43 001-2023-514.31-01 181.51 001-2023-514.42-10 112.27 001-2023-514.43-10 47.00 001-2023-514.49-01 120.00 Division Totah $1,073,48 001-2025-514.41-50 1,443.54 001-2025-514.41-50 1,172.69 001-2025-514.42-10 269.45 001-2025-514.43-10 47.00 001-2025-514.49-01 90.00 Division Totah $3,022.68 001-2080-514.31-01 29.24 001-2080-514.45-30 632.72 Division Totah $66~.96 Department Total: $5,311.84 001-3010-515.43-10 216.30 001-3010-515.43-10 303.26 001-3010-515.45-30 56.41 001-3010-515.42-10 112.27 001-3010-515.49-90 14.70 Division Totah $702.94 001-3021-515.41-50 2,750.00 001~3021-515.45-30 56.42 001-3021-515.42-10 44.91 Division Total: $2,851,33 Department Torah $3,554.27 ~le 2 City of Port Angeles City Council Expenditure Report From: 1/22/05 To: 2/4/05 Da~:2~5 Vendor Loran Heffon Scott Johns PORT ANGELES CITY TREASURER QWEST SUNGARD HTE INC Community Developmt Dept AT&T WIRELESS DIGITAL COPY SERVICES INC OLYMPIC PRINTERS INC Community Developmt Dept AT&T WIRELESS INTL ASSN OF CHIEFS OF POLICE PUBLIC SAFETY TESTING INC QUILL CORPORATION QWEST Police Department ROBERT ENSOR NEXTEL COMMUNICATIONS PACVSA QWEST Police Department ADVANCED TRAVEL BRATWEAR EVERGREEN COLLISION CENTER HANSEN'S TROPHY IN THE LINE OF DUTY INC METROCALL ED SCHILKE NWPAC QUILL CORPORATION WESTERN STATES HOSTAGE Police Department ADVANCED TRAVEL LEIRA QUILL CORPORATION Description REFUND APPLICATION FEE REIMB 2005 APA DUES Office supplies-Roberds 01-14 a/c 3604570411199B Y/E Community Dev class Q-Rep Reporting class Planning 01-14 a/c 047-49079080 December copies Time cards Building Community Developmt Dept 01-14 a/c 047-49655020 T RIEPE DUES 2005 4th Qtr Subscription fees OFFICE SUPPLIES, GENERAL 01-14 a/c 3604570411199B Administration Reimb clothing allowance 01-27 a/c 312753523 WINFIELD 05 DUES PACVSA 01-14 a/c 3604570411199B Investigation Mental Health Conf-Kuch Reid InterviewCourse-Kuch Y/E Travel Adjustment WE Travel Adjustment Uniforms-Scairpon Tow 1989 Ford Escort 2004 School Awards PATROL TRAINING TAPES 01-01 a/c 298-A25874 Reimb clothing allowance Membership-Schilke 2005 Office supplies 05 DUES ROGGENBUCK Patrol Criminal Justice-Morgan LEIRA DUES 05 LLV Tab guides HP Scanjet 3670 Office supplies Account Number Invoice Amount 001-4010-345.81-01 250.00 001-4010-558.49-01 175.00 001-4010-558.31-01 101,38 001-4010-558.42-10 89.82 001-4010-558.43-10 70.00 001-4010-558.43-10 46.00 Division Totah $732.20 001-4020-524.42-10 6.95 001-4020-524.45-30 71.81 001-4020-524.31-01 40.50 Division Total: $119.26 Department Total: $851.46 001-5010-521.42-10 13.63 001-5010-521.49-01 100.00 001-5010-521.41-50 245.00 001-5010-521.31-01 205.51 001-5010-521.42-10 157.18 Division Totah $721.32 001-5021-521.20-80 243.68 001-5021-521.42-10 453.34 001-5021-521.49-01 60.00 001-5021-521.42-10 22.45 Division Total: $779.47 001-5022-521.43-10 312.00 001-5022-521.43-10 469.75 001-5022-521.43-10 16.00 001-5022-521.43-10 16.00 001-5022-521.20-80 474.91 001-5022-521.49-90 85.00 001-5022-521,31-01 138.19 001-5022-521.43-10 752.69 001-5022-521.42-10 57.20 001-5022-521.20-80 368.55 001-5022-521.31-01 100.00 001-5022-521.31-01 393.13 001-5022-521,43-10 25.00 Division Totah $3,208.42 001-5029-521,43-10 656.00 001-5029-521.49-01 90.00 001-5029-521,31-01 19.49 001-5029-521.31-01 86,63 001-5029-521.31-01 507.61 '~Page 3 City of Port Angeles City Council Expenditure Report From: 1/22/05 To: 2/4/05 Da~:2~5 Vendor QWEST WASHINGTON (DOL), STATE OF Police Department VERIZON WIRELESS Police Department DIGITAL COPY SERVICES INC PORT ANGELES FIRE DEPARTMENT QWEST Fire Department ADVANCED TRAVEL J B'S UPHOLSTERY BRIAN WHEELER OLYMPIC PRINTERS INC PARKER PAINT MFG CO INC QWEST VERIZON WIRELESS Fire Department BRD FOR VOLUNTEER FIREFIGHTERS Fire Department CLALLAM CNTY EMS MOROZ, JAMES PORT ANGELES FIRE DEPARTMENT QWEST VERIZON WIRELESS Fire Department GREENTREE COMMUNICATIONS CO QWEST Fire Department ADVANCED TRAVEL LIGHTHOUSE UNIFORM Fire Department M & P GARAGE DOORS PORT ANGELES FIRE DEPARTMENT Fire Department AT&T WIRELESS (DIGITAL) Description o1-14 a/c 3604570411199B Concealed weapons-Oct Concealed weapons-Nov Concealed weapons-Dec Records 01-15 a/c 26421103600001 Animal Control Police Department December copies OFFICE SUPPLIES Account Number 001-5029-521.42-10 001-5029-322.90-12 001-5029-322.90-12 001-5029-322.90-12 Division Total: 001-5090-521.42-10 Division Total: Department Total: 001-6010-522.45-30 001-6010-522.31-01 CUSTOMER ASSISTANCE PROGR001-6010-522.49-90 01-14 a/c 3604570411199B Administration Fire Training-Denton Repair fire uniform Reimb clothing allowance Time cards Safety yellow paint 01-14 a/c 3604570411199B 01-15 a/c 66421143200001 01-15 a/c 66424372000001 Fire Supression 2005 REMITTANCE Fire Volunteers Medic 1 Advisory-February FIRST AID CLASS 1/10-12 AED CLASS 1/17/05 AED REPAIR 01-14 a/c 3604570411199B 01-15 a/c 26439572400001 Medic I iNSTALL FOG LIGHTS 01-14 a/c 3604570411199B Fire Prevention Y/E Travel Adjustment UNIFORM PURCHASE Fire Training Repair garage door REPAIR DOOR AT STATION CLEANING SUPPLIES Facilities Maintenance Fire Department 01-24 a/c 0057007521 001-6010-522.42-10 Division Total: 001-6020-522,43-10 001-6020-522.31-11 001-6020-522.20-80 001-6020-522,31-01 001-6020-522.31-01 001-6020-522.42-10 O01-6020-522.42-10 001-6020-522.42-10 Division Total: 001-6021-522.49-01 Division Total: 001-6025-526.41-50 001-6025-526.31-08 001-6025-526.31-08 001-6025-526.48-10 001-6025-526.42-10 001-6025-526.42-10 Division Total: 001-6030-522.31-01 001-6030-522,42-10 Division Total: 001-6040-522.43-10 001-6040-522.20-80 Division Total: 001-6050-522,48-10 001-6050-522.48-10 001-6050-522.31-01 Division Total: Department Total: 001-7010-532.42-10 Invoice Amount 112.27 216.00 306.00 144.00 $2,138.00 20.00 $20.00 $6,867.21 70.30 12.54 25.00 112.27 $220.tl 501.65 18.95 81.94 188.01 93.09 67.36 2.09 11.28 $964.37 1,150.00 $1,150.00 600.00 200.00 60.00 2.16 22.45 10.00 $894.61 129.96 22.45 $152.41 0.10 214.65 $214.75 375.00 615.25 1.96 $992.2t $4,588.46 41.43 44Page 4 City of Port Angeles City Council Expenditure Report From: 1/22/05 To: 2/4/05 Date: 2/7/05 Vendor CITY ENGINEERS ASSN OF WA DIGITAL COPY SERVICES INC GORDYS PIZZA & PASTA Glenn A. Cutter OLYMPIC PRINTERS INC PENINSULA AWARDS & TROPHIES PENINSULA COLLEGE PERS PORT ANGELES FIRE DEPARTMENT QUILL CORPORATION QWEST RADIOSHACK VERIZON WIRELESS Public Works-Gen Fnd JACKSON'S SIGNS Port Angeles Slide tn PENINSULA COLLEGE QWEST RICOH BUSINESS SYSTEMS Parks & Recreation QWEST Parks & Recreation DIGITAL COPY SERVICES INC QWEST Parks & Recreation PENINSULA COLLEGE QWEST Parks & Recreation AWC-ASSN OF WASHINGTON CITIES PFC PRODUCTS INC QWEST TACOMA MONUMENTAL WORKS Description MEMBERSHIP RENEWAL December copies WORKING LUNCH P.E. LICENSE RENEWAL Time cards DESK NAMEPLATES TUITION EXPENSE Excess comp-Ridout Postage-Public Works UTILITY CART 01-14 a/c 3604570411199B Equipment 01-06 a/c 26470706000001 Administration Public Works-Gen Fnd LETTERS 4 DOOR OVR PMT RFD BAN TUITION EXPENSE 01-14 a/c 3604570411199B COPIER LEASE 1/05 Administration 01-14 a/c 3604570411199B Recreation December copies 01-02 a/c 3604171942413B 01-05 a/c 3604524285819B 01-14/c 3604577004947B 01-14 a/c 3604570411199B 01-20 a/c 206T217227465B Senior Center TUITION EXPENSE 01-14/c 3604579958503B 01-14/c 3604570241950B 01-14 a/c 3604570411199B William Shore Pool CDL TESTING PRINTING,SILK SCR,TYPSET 01-14 a/c 3604570411199B CEMETERY MARKERS CEMETERY MARKERS CEMETERY MARKERS HARDWARE,AND ALLIED ITEMS Account Number Invoice Amount 001-7010-532.49-01 70.00 001-7010-532.45-30 10.69 001-7010-532.43-10 58.42 001-7010-532.49-01 116.00 001-7010-532.31-01 172.09 001-7010-532.31-01 21.29 001-7010-532.43-10 390.00 001-7010-532.20-30 44,816.81 001-7010-532.31-01 15.88 001-7010-532.31-01 95.31 001-7010-532.42-10 628.78 001-7010-532.42-10 32.48 001-7010-532.42-10 23.18 Division Total: $46,492.36 Department Total: $46,492.36 001-8010-574.41-50 81.23 001-8010-347.90-15 60.00 001-8010-574.43-10 195.00 001-8010-574.42-10 67.36 001-8010-574.45-30 256.48 Division Total: $660.07 001-8011-574.42-10 44.91 Division Total: $44.91 001-8012-555.45-30 81.77 001-8012-555.42-10 37.77 001-8012-555.42-10 39.48 001-8012-555.42-10 38.30 001-8012-555.42-10 67.36 001-8012-555.42-10 60.56 Division Total: $325.24 001-8020-576.43-10 390.00 001-8020-576.42-10 56.93 001-8020-576.42-10 40.02 001-8020-576.42-10 22.45 Division Total: $509.40 00%8050-536.43-10 47.97 001-8050-536.31-01 218.72 001-8050-536.42-10 22.45 00t -8050-536.34-01 209.00 001-8050-53634-01 157.00 001-8050-536.34-01 203.00 001-8050-536.34-01 300.00 5Page 5 City of Port Angeles City Council Expenditure Report From: 1/22/05 To: 2/4/05 Da~:2~/05 Vendor TACOMA MONUMENTALWORKS... Parks & Recreation ANGELES PLUMBING INC AWC-ASSN OF WASHINGTON CITIES BROOKE & ASSOC INC, ROBERT CONTROL CONTRACTORS INC FEDERAL FIRESAFETY INC QWEST WASHINGTON (UNEMP), STATE OF Parks & Recreation J AND J CONSTRUCTION JOHNSTONE SUPPLY INC Parks & Rec-Maintenance BREWER, DAVID PORT ANGELES CHAMBER OF COMM Convention Center ADVANCED TRAVEL ANGELES CONCRETE PRODUCTS AWC-ASSN OF WASHINGTON CITIES DUSTBUSTERS INC OLYMPIC PRINTERS INC PENINSULA COLLEGE PUD #1 OF CLALLAM COUNTY QWEST SUNSET DO-IT BEST HARDWARE VERIZON WIRELESS WALTER E NELSON CO Public Works-Street PORT OF PORT ANGELES Description CEMETERY MARKERS CEMETERY MARKERS Ocean View Cemetery PLUMBING EQUIP FIXT,SUPP CDL TESTING HARDWARE,AND ALLIED ITEMS HARDWARE,AND ALLIED ITEMS Adjust heating issues EQUIPMENT MAINTENANCE,REC 01-14 a/c 3604570411199B 01-20 a/c 206T813953623B 01-16 206T355724768B Benefit charges-4th Qtr Park Facilities Parks & Recreation Food Bank repairs PLUMBING EQUIP FIXT,SUPP Custodial/Janitorial Svcs Parks & Rec-Maintenance General Fund Contract svcs-February 2005 MKTG CONTRACT Convention Center Convention Center Convention Center Fund Supervisors conf-Stempin Concrete CDL TESTING ROAD/HWY MAT NONASPHALTIC Time cards TUITION EXPENSE 01-14 Woodhaven Ln 01- 18 SR101 & Euclid 01-14 a/c 3604570411199B Bolt pins 01-15 a/c 76426408900001 Sweeper Street Public Works-Street Street Fund OCTOBER PARKING RECEIPTS Account Number Invoice Amount 001-8050-536.34-01 204.00 001-8050-536.34-01 252.00 Division Total: $1,614.14 001-8080-576.31-20 292.32 001-8080-576.43-10 239.90 001-8080-576.31-20 115.80 001-8080-576.31-20 356.96 001-8080-576.49-90 363.99 001-8080-576.48-10 254.51 001-8080-576.42-10 22.45 001-8080-576.42-10 53.39 001-8080-576.42-10 57.40 001-8080-576.20-60 10,232.35 Division Total: $11,989.07 Department Total: $15,142.83 001-8130-518.48-10 12,996.00 001-8130-518.31-20 102.10 Division Total: $13,098.t0 Department Total: $13,098.10 Fund Total: $130,925.52 101-1430-557.49-90 100.00 101-1430-557.50-83 17,938.00 Division Total: $18,038.00 Department Total: $18,038.00 Fund Total: $18,038.00 102-7230-542.43-10 563.04 102-7230-542.31-20 305.41 102-7230-542.43-10 335.86 102-7230-542.31-20 3,966.66 102-7230-542.31-01 136.57 102-7230-542.43-10 260.00 102-7230-542.47-10 19.08 102-7230-542.47-10 20.80 102-7230-542.42-10 67.36 102-7230-542.31-25 565.33 102-7230-542.42-10 3.46 102-7230-542.64-10 9,371.91 Division Total: $15,615.48 Department Total: $15,615.48 Fund Total: $15,615.48 103-0000-213.10-80 933.83 Division Total: $933.83 4'-~age 6 Vendor PA DOWNTOWN ASSN QWEST Economic Development ADVANCED TRAVEL BIO-KEY INTERNATIONAL INC CENTURYTEL MARATHON COMMUNICATIONS INC QUILL CORPORATION QWEST QWESTINTERPRISEAMERICAINC Pencom HOLLOWAY, MICHAEL PORT ANGELES CITY TREASURER Recreation Activities HANSEN'S TROPHY INSIDE OUT SOLUTIONS BOYS & GIRLS CLUB OF THE Recreation Activities REID MIDDLETON INC Capital Projects-Pub Wks Date: 2/7/05 City of Port Angeles City Council Expenditure Report Prom: 1/22/05 To: 2/4/05 Description Contract pmt-4th Qtr 01-14 a/c 3604570411199B Economic Development Economic Development Economic Development Crisis Negotiation-VanS FireRMS v5.0-2005 FireRMS Enterprise-2005 FireRMS Cad Interface-05 FireRMS Enterprise-2005 FireRMS Enterprise-2005 01-06 a/c 300496579 01-06 a/c 300539444 01-06 a/c 300509584 0%20 a/c BWA0012014 Audio tapes Pens, tapes,whiteout 01-14 a/c 3604570411199B 01-23 a/c 206T411918873B 01-20 WAM 182-0205 Pencom Pencom Pencom Fund BASKETBALL OFFICIAL Correction tape-Mad B Sports Programs Holiday Hoops plaques Turkey Shoot plaques Smoked Salmon ptaques Talking Rain plaques Mayday Roundball plaques Account Number Invoice Amount Department Total: $933.83 103-1511-558.4%50 4,375.00 103-1511-558.42-10 22.45 Division Totah $4,397.45 Department Totah $4,397.45 Fund Totah $5,331.28 107-5160-528.43-10 323.04 107-5160-528.48-10 189.53 107-5160-528.48-10 953.04 107-5160-528.48-10 1,194.01 107-5160-528.48-10 953.04 107-5160-528.48-10 953.04 107-5160-528.42-11 255.49 107-5160-528.42-11 84.20 107-5160-528.42-11 95.28 107-5160-528.42-11 22.86 107-5160-528.31-01 64.82 107-5160-528.31-01 83.59 107-5160-528.42-10 381.72 107-5160-528.42-10 60.56 107-5160-528.42-11 217.20 Division Total: $5,831.42 Department Total: $5,831.42 Fund Total: $5,83t .42 174-8221-574.41-50 80.00 174-8221-574.31-01 20.78 Division Totah $100.78 174-8222-574.31-01 157.54 174-8222-574.31-01 135.38 174-8222-574.31-01 180.86 174-8222-574.31-01 49.82 174-8222-574.31-01 283.20 BASKETBALL TOURNEY AWARDS 174-8222-574.31-01 Web site design Olypen Bike Adventure Special Events Recreation Activities Park & Recreation Fund Prof svcs pe 01-07-05 GF-Pub Wks Projects Capital Projects-Pub Wks 174-8222-574.31-01 174-8222-574.31-01 Division Total: Department Total: Fund Total: 310-7919-594.41-50 Division Total: Department Total: 449.99 60.00 1,452.94 $2,769.73 $2,870.51 $2,870.51 1,120.50 $1,120.50 $1,120.50 7Page 7 Date: 2/7/05 City of Port Angeles City Council Expenditure Report From: 1/22/05 To: 2/4/05 Vendor WASHINGTON (DOT), STATE OF Capital Projects-Pub Wks CURLEE MACHINERY CO INC CENTENNIAL INVESTMENTS LLC LI'I-I'LE, JESSICA LONGIN, JIM OLSON, SARAH SHARMA, BABITA WALKER, KATIE WALTERS, KATELYNN & PATRICK WILLIAM, ERIN WESTERN STATES ELECTRIC INC ADVANCED TRAVEL Public Works-Electric ADVANCED TRAVEL AMSAN OLYMPIC SUPPLY ANGELES CONCRETE PRODUCTS AWC-ASSN OF WASHINGTON CITIES BUSINESS ANSWERPHONE SERVICE CLALLAM CNTY UTLTY COORD CNCL DIGITAL COPY SERVICES INC GENERAL PACIFIC INC GRAYS HARBOR COMMUNITY COLLEGE GREENTREE COMMUNICATIONS CO MALLORY COMPANY KIEWIT-GENERAL A JOINT VENTURE Richard Hixson NORTHWEST LINE JATC NORTHWEST PUBLIC POWER ASSN OLYMPIC PRINTERS INC PORT ANGELES CITY TREASURER Description Capital Improvement Consulting fees pe 12-31 8th St Bridge Reconst Capital Projects-Pub Wks 8th St Bridge Reconstr ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY UB CR REFUND-FINALS DEPOSIT REFUND DEPOSIT REFUND MANUAL CHECK UB CR REFUND-FINALS DEPOSIT REFUND UB CR REFUND-FINALS DEPOSIT REFUND UB CR REFUND-FINALS ELECTRICAL EQUIP & SUPPLY BPA Conference-Kajfasz Power Resource Mgmt Y/E Travel Adjustment Glass cleaner,seat covers Control density fill Control density fill CDL TESTING COMMUNICATIONS/MEDIA SERV Member Dues 2005 December copies ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY APPRENTICE SCHOOL TUITION INSTALL RADIO REMOTE-LT O CLOTHING & APPAREL CLOTHING & APPAREL Electrical nd-Graving Yd REIMB AIRLINE TICKETS APPRENTICE TRAINING EDUCATIONAL SERVICES Time cards Filing fees-Rinehart Account Number Invoice Amount Fund Total: $1,120.5(] 328-7950-595.41-50 282.24 Division Total: $282.24 Department Total: $282.24 Fund Total: $282.24 401-0000-141.40-00 1,054.35 401-0000-237.00-00 -80.81 401-0000-122.10-99 151.80 401-0000-122.10-99 75.00 401-0000-122.10-99 75.00 401-0000-122.10-99 564.42 401-0000-122.10-99 85.33 401-0000-122.10-99 125.00 401-0000-122.10-99 34.81 401-0000-122.10-99 250.00 401-0000-122.10-99 14.08 401-0000-141.40-00 311.90 Division Total: $2,660.88 Department Total: $2,660.88 401-7120-533.43-10 298.51 Division Total: $298.51 401-7180-633.43-10 16.00 401-7180-533.31-20 60.65 401-7180-533.48-10 265.34 401-7180-533.48-10 146.21 401-7180-533.43-10 479.78 40%7180-533.42-10 160.00 401-7180-533.49-01 25.00 401 ~7180-533.45-30 11.50 401-7180-533.48-10 558.06 401-7180-533.48-10 217.40 401-7180-533.48-10 379.50 401-7180-533.43-10 136.00 401-7180-533.48-10 1,196.72 401-7180-533.48-10 1,119.30 401-7180-533.48-10 692.19 401-7180-379.00-00 20,848.80 401-7180-533.43-10 242.40 401-7180-533.43-10 1,298.00 401-7180-533.41-50 1,641.16 401-7180-533.31-01 249.20 401-7180-533.49-90 38.00 ~Page 8 City of Port Angeles City Council Expenditure Report From: 1/22/05 To: 2/4/05 Da~:2~5 Vendor QWEST RICHMOND 2-WAY RADIO ROHLINGER ENTERPRISES INC UNITED RENTALS NORTHWEST INC VERIZON WIRELESS WESTERN STATES ELECTRIC INC Public Works-Electric ADVANCED TRAVEL AMERICAN BACKFLOW PREVENT ASSN ANGELES MILLWORK & LUMBER CO AWC-ASSN OF WASHINGTON CITIES GREENTREE COMMUNICATIONS CO KEATING BUCKLIN & MCCORMACK INC PUD #1 OF CLALLAM COUNTY QWEST THURMAN SUPPLY VERIZON WIRELESS WASHINGTON (UNEMP), STATE OF Description 01-02 a/c 3604178095336B 01-14 a/c 3604570411199B 01 - 14 a/c 3604574717777B REPAIR UPS SYSTEM-LIGHT ELECTRICAL EQUIP & SUPPLY Test line equipment Test lineman gloves ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY EXCAVATOR RENT-ELWAH DAM 12-19 a/c 370225112500001 01-12 a/c 7702511030001 01-12 a/c 77025112400001 01-15 a/c 56453528700001 01-19 a/c 27025123900001 01-19 a/c 37025112500001 Compression taps ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY Electric Operations Public Works-Electric Electric Utility Fund Basic WaterWorks-Anderson Basic WaterWorks-Brockopp ABPA DUES-BECKER,R. FASTENERS, FASTENING DEVS Concrete cutter CDL TESTING RADIO & TELECOMMUNICATION Prof svcs-December Prof svcs-December 01-12 203 Reservoir Rd 01-24 Crown Z Water Rd 01-10 a/c 360Z100240955B 01-14 a/c 3604570411199B PIPE FITTINGS PIPE FITTINGS MATERIAL HNDLING&STOR EQP 01-15 a/c 26421490800001 01 - 15 a/c 26421490800002 Benefit charges-4th Qtr Account Number Invoice Amount 401-7180-533.42-10 39.48 401-7180-533.42-10 314.36 401-7180-533.42-10 39.97 401-7180-533.48-10 172.19 401-7180-533.48-10 383.67 401-7180-533.48-10 826.23 401-7180-533.48-10 679.12 401-7180-533.48-10 1,661.63 401-7180-533.48-10 238.92 401-7180-533.48-10 298.16 401-7180-533.48-10 3,489.06 401-7180-533.42-10 74.26 401-7180-533.42-10 74.45 401-7180-533.42-10 74.45 401-7180-533.42-10 36.56 401-7180-533.42-10 74.45 401-7180-533.42-10 74.45 401-7180-533.48-10 56.32 401-7180-533.48-10 649.80 401-7180-533.48-10 575.08 Division Total: $39,613.82 Depa~ment Total: $39,912.33 Fund Total: $42,573,21 402-7380-534.43-10 409.05 402-7380-534.43-10 409.05 402-7380-534.49-01 50.00 402-7380-534.34-02 13.00 402-7380-534.48-10 77.43 402-7380-534.43-10 431.80 402-7380-534.42-10 481.39 402-7380-534.41-50 8,377.00 402-7380-534.41-50 -8,377.00 402-7380-534.47-10 121.58 402-7380-534.47-10 13.39 402-7380-534.42-10 337.72 402-7380-534.42-10 22.45 402-7380-534.34-02 228.26 402-7380-534.34-02 5.20 402-7380-534.34-02 3.12 402-7380-534.42-10 63.25 402-7380-534.42-10 31.23 402-7380-534.20-60 554.24 '~JPage 9 City of Port Angeles City Council Expenditure Report From: 1/22/05 To: 2/4/05 Da~:2~5 Vendor Public Works-Water CROSS TELECOM ANGELES COMMUNICATIONS INC AWC-ASSN OF WASHINGTON CITIES CENTRAL WELDING SUPPLY CROSS TELECOM GUARDIAN SECURITY JEFF YOUNG OLYMPIC PRINTERS INC OLYMPIC SPRINGS INC PENINSULA COLLEGE QWEST S&BINC SABRE SYSTEMS INC SAFEWAY INC VERIZON WIRELESS WASHINGTON (UNEMP), STATE OF WHEELER JR, CHARLES Public Works-WW/Stormwtr Description Account Number Water Division Total: Public Works. Water Department Total: Water Fund Fund Total: RADIO & TELECOMMUNICATION 403-0000-237.00-60 RADIO & TELECOMMUNICATION CDL TESTING WELDING EQUIPMENT/SUPPLY RADIO & TELECOMMUNICATION Back-up charger batteries Reimb tuition expense Time cards RENTAL OR LEASE SERVICES FOODS: PERISHABLE FOODS: PERISHABLE TUITION EXPENSE 01-14 a/c 3604570411199B 01-20 a/c 206T819363533B ELECTRONIC COMPONENTS COMPUTERS,DP & WORD PROC. MISCELLANEOUS PRODUCTS 01-15 a/c 76423363300001 01-15 a/c 36469358100001 Benefit charges-4th Qtr STAFF WELDING TRAINING Wastewater Public Works. WW/Stormwtr Wastewater Fund Division Total: Department Total: 403-7480-535.42-10 403-7480-535.43-10 403-7480-535.35-01 403-7480-535.42-10 403-7480-535.41-50 403-7480-535.43-10 403-7480-535.31-01 403-7480-535.31-01 AWC-ASSN OF WASHINGTON CITIES CDL TESTING HARBOR CAFE WORKING LUNCH ORKIN EXTERMINATING COMPANYINC BUILDING MAINT&REPAIR SER QWEST 01-14 a/c 3604570411199B Public Works-Solid Waste Solid Waste-Collections Public Works-Solid Waste Solid Waste-Collections PORT ANGELES LANDFILL INCREASE CHANGE LANDFILL WASTE NEWS WASTE NEWS SUBSCRIPTION 403-7480-535.31-20 403-7480-535.31-20 403-7480-535.43-10 403-7480-535.42-10 403-7480-535.42-10 403-7480-535.31-20 AWC-ASSN OF WASHINGTON CITIES CDL TESTING 403-7480-535.31-60 403-7480-535.31-20 403-7480-535.42-10 403-7480-535.42-10 403-7480-535.20-60 403-7480-535.43-10 Division Total: Department Total: Fund Total: 404-7580-537.43-10 404-7580-537.31-01 404-7580-537.48-10 404-7580-537.42-10 Division Total: Department Total: Fund Total: 405-0000-111.71-00 405-0000-237.00-00 Division Total: Department Total: 405-7585-537.43-10 Invoice Amount $3,252.16 $3,252.t6 $3,252.16 -134.91 -$134.91 -$134,91 263.17 287.87 2,702.03 4,427.31 222.02 724.04 119.78 21.56 12.50 18.75 130.00 44.91 40.79 833.52 3,276.08 5.16 28.62 17.92 597.00 455.00 $14,228.03 $14,228.03 $t4,093.12 143.94 96.25 86.64 112.27 $439.10 $439.10 $439.1~ 100.00 -2.08 $97.92 $97.92 191~92 City of Port Angeles City Council Expenditure Report From: 1/22/05 To: 2/4/05 Date: 2/7/05 Vendor EMERALD RECYCLING NORTHWEST BUSINESS FINANCE LLC pARAMETRIX INC PENINSULA COLLEGE SANDERSON SAFETY SUPPLY CO WASHINGTON FIRE & SAFETY EQUIP WASTE NEWS WORC-WA ORGANIC RECYCLING CNCL Public Works-Solid Waste AIR FLO HEATING COMPANY INC EVERWARM HEARTH & HOME INC GLASS SERVICES CO INC MATHEWS GLASS CO INC KENT OSTERBERG OLIV~ ORSBORN STEVEJOHNSON PENINSULA HEATINC Public Works-Electric TRfAXIS ENGINEERING INC Public Works-Electric U. S. Treasury R J SERVICES INC SNELSON COMPANIES INC US BANK Public Works-Water Description ABSORBENT PADS TiRE RECYCLING Prof svcs pe 11-27/01~7 TUITION EXPENSE Safety boots FiRE EXTINGUISHERS WASTE NEWS SUBSCRIPTION 2005 DUES-MCCABE Solid Waste-Landfill Public Works-Solid Waste Solid Waste-Landfill City rebate-Kropp City rebate-Ashley City rebate-Ashley City rebate-Niva City rebate-Sextro City rebate-Gase City rebate-Woodside City rebate-Christie City rebate City rebate City rebate City rebate-Emery City rebate-Schaffer Conservation Loans Public Works-Electric Conservation Loans/Grants Prof svcs pe 12-31 Prof svcs pe 12-31 Prof svcs pe 12-31 Prof svcs pe 12-31 Prof svcs pe 12-31 Prof svcs pe 12-31 Electric Projects Public Works-Electric Electric Utility CIP APN 063000117300 Asphalt removal Contract pmt 3 Escrow 153555919973 Water Projects Account Number Invoice Amount 405-7585-537.31-20 111.55 405-7585-537.48-10 1,078.00 405-7585-537.41-50 27,468.14 405-7585-537.43-10 130.00 405-7585-537.31-20 99.88 405-7585-537.31-20 99.64 405-7585-537.31-20 27.08 405-7585-537.49-01 125.00 Division Totah $29,331.21 Depa~ment Torah $29,331.21 Fund Total: $29,429.13 421-7121-533.49-86 3,393.86 421-7121-533.49-86 311.50 421-7121-533.49-86 782.85 421-7121-533.49-86 1,215.12 421-7121-533.49-86 155.16 421-7121-533.49-86 616.00 421-7121-533.49-86 992.53 421-7121-533.49-86 210.00 421-7121-533.49-86 50.00 421-7121-533.49-86 50.00 421-7121-533.49-86 175.00 421-7121-533.49-86 1,000.00 421-7121-533.49-86 1,000.00 Division Total: $9,952.02 Depa~ment Totah $9,952.02 Fund Total: $9,952.02 451-7188-594.41-50 1,842.00 451-7188-594.41-50 57.00 451-7188-594.41-50 48.50 451-7188-594.41-50 416.50 451-7188-594.41-50 57.00 451-7188-594.41-50 2,690.50 Division Torah $5,111.50 Depa~ment Total: $5,111.50 Fund Total: $5,1 t 1.50 452-7388-594.61-01 1,000.00 452-7388-594.65-10 4,720.21 452-7388-594.65-10 218,373.68 452-7388-594.65-10 10,569.88 Division Totah $234,663.77 1 Page 11 City of Port Angeles City Council Expenditure Report From: 1/22/05 To: 2/4/05 Date: 2/7/05 Vendor BROWN AND CALDWELL FRONTIER BANK GEOTIVITY INC KUCHAN CONSTRUCTION CO INC PRIMO CONSTRUCTION INC Public Works-WW/Stormwtr PARAMETRIX INC Public Works-Solid Waste MIDDLETON AUTO AND TRUCK INC ADVANCED TRAVEL AWC-ASSN OF WASHINGTON CITIES CAMCAL INC COPY CAT GRAPHICS DENVER'S TIRE CO INC Description Public Works-Water Water Utility CIP Prof svcs pe 12-30 Prof svcs pe 12-30 Prof svcs pe 12-30 Escrow 7173004461-Primo Escrow 7173004461 -Primo Field svcs,data pe 12-31 Contract prat 2 Contract prat 4 Contact prat 4 pe 12-31-04 Wastewater Projects Public Works-WW/Stormwtr WasteWater Utility CIP Prof svcs pe 11-27/01-7 Prof svcs pe 11-27/01-7 Solid Waste Coil Projects Public Works-Solid Waste Solid Waste Utility CIP Supplies Ecology Workshop-Hoffman CDL TESTING Swivel Install new decals Pa~s Pa~s Pa~s Pa~s Pa~s Pa~s Labor Pa~s Labor Labor Labor Labor Labor Labor Labor Account Number Invoice Amount Department Total: $234,663.77 Fund Total: $234,663.77 453-7488-594.41-50 112.02 453-7488-594.41-50 9,071.22 453-7488-594.41-50 416.69 453-7488-594.65-10 1,227.44 453-7488-594.65-10 6,651.25 453-7488-594.48-10 3,145.37 453-7488-594.65-10 55,802.07 453-7488-594.65-10 25,358.96 453-7488-594.65-10 137,414.85 Division Total: $239,199.87 Department Total: $239,199.87 Fund Total: $239,199.87 454-7588-594.41-50 1,761.53 454-7588-594.41-50 60,708.70 Division Total: $62,470.23 Department Total: $62,470.23 Fund Total: $62,470.23 501-0000-141.40-00 13.82 Division Total: $13.82 Department Total: $13.82 501-7630-548.43-10 253.81 501-7630-548.43-10 95.96 501-7630-548.34-02 68.55 501-7630-548.48-10 32.49 501-7630-548.34-02 29.73 501-7630-548.34-02 96.12 501-7630-548.34-02 40.34 501-7630-548.34-02 162.45 501-7630-548,34-02 2.44 501-7630-548.34-02 48.74 501-7630-548.34-02 97.47 501-7630-548.34-02 119.67 501-7630-548.48-10 129.96 501-7630-548.48-10 121.83 501-7630-548.48-10 79.06 501-7630-548.48-10 146.21 501-7630-548.48-10 28.15 501-7630-548.48-t 0 50.90 501-7630-548.48-10 34.66 5-2-~12 City of Port Angeles City Council Expenditure Report From: 1/22/05 To: 2/4/05 Date: 2/7/05 Vendor DENVER'S TiRE CO INC... H & R PARTS & EQUIPMENT INC JESSE'S AUTO SALON KAMAN INDUSTRIAL TECHNOLOGIES Clarence Achziger N C MACHINERY CO NORSTAR INDUSTRIES INC NORTHWEST INDUSTRIAL EQUIPMENT OLYMPIC PRINTERS INC OVERALL LAUNDRY SERVICES INC PAPE' MACHINERY PORT OF PORT ANGELES QWEST RICHMOND 2-WAY RADIO RUDDELL AUTO MALL SUNGARD HTE INC TEREX UTILITIES WEST VERIZON WIRELESS WASHINGTON (UNEMP), STATE OF WCIA (WA CITIES INS AUTHORITY) WESTERN PETERBILT INC Public Works-Equip Svcs CROWN MOVING CO INC OLYPEN PORT ANGELES CITY TREASURER QWEST Finance Department AWC EMPLOYEE BENEFITS TRUST Description Labor Labor Fan hub, core Credit core deposit EXTERNAL LABOR SERVICES Food Bank repairs TRAINING REIMBURSEMENT Parts AUTO & TRUCK MAtNT. ITEMS AUTO & TRUCK MAINT. ITEMS Time cards Sew emblems Credit emblems Sew emblems Credit emblems Sew emblems Pins Surplus property-25% ad 01-14 a/c 3604570411199B Repair parts Repair labor BLANKET PURCHASE ORDER BLANKET PURCHASE ORDER Fleet Mgt,lnventory class Broom set Filters 01-15 a/c 26421490800003 Benefit charges-4th Qtr UG TANK INS-2005 Gauge body Equipment Services Public Works-Equip Svcs Equipment Services Move safe Website INET Addresses Chamber lunch-Brooks 01-14 a/c 3604570411199B Information Technologies Finance Department Information Technology February premium February premium Account Number Invoice Amount 501-7630-548.48-10 8.12 501-7630-548.48-10 385.55 501-7630-548.34-02 1,254.56 501-7630-548.34-02 -541.50 501-7630-548.34-02 86.64 501-7630-548.34-02 9.36 501-7630-548.43-10 91.00 501-7630-548.34-02 579.98 501-7630-548.34-02 33.95 501-7630-548.34-02 86.90 501-7630-548.31-01 103.43 501-7630-548.49-90 5.96 501-7630-548.49-90 -5.96 501-7630-548.49-90 13.00 501-7630-548.49-90 -13.00 501-7630-548.49-90 5.96 501-7630-548.34-02 45.93 501-7630-548.44-10 465.62 501-7630-548.42-10 22.45 501-7630-548.34-02 3.25 501-7630-548.48-10 64.98 501-7630-594.64-10 16,802.48 501-7630-594.64-10 16,802.48 501-7630-548.43-10 140.00 501-7630-548.34-02 497.82 501-7630-548.34-02 455.96 501-7630-548.42-10 41.79 501-7630-548.20-60 -45.42 501-7630-548.49-90 649.00 501-7630-548.34-02 111.62 Division Total: $39,800.45 Department Total: $39,800.45 Fund Total: $39,814.27 502-2081-518.41-50 121.88 502-2081-518.42-10 300.00 502-2081-518.31-01 10.00 502-2081-518.42-10 67.36 Division Total: $499.24 Department Total: $499.24 Fund Total: $499.24 503-1631-517.46-30 134,080.01 503-1631-517.46-32 1,527.56 City of Port Angeles City Council Expenditure Report From: 1/22/05 To: 2/4/05 Date: 2f7/05 Vendor AWC EMPLOYEE BENEFITS TRUST... BAILEY, JAMES A BALSER, FRED BALSER, SHARYN BISHOP, VIRGIL CAMERON, KENNETH CAMPORINI, RICHARD CLELAND, MICHAEL A GLENN, LARRY GROOMS, MICHAEL JOHNSON, DONALD G JOHNSON, HARRY JORISSEN, ROBERT R LIND, DARWIN PETER LINDLEY, JAMES K LOUCKS, JASPER MCLANE, STEVE MERRIWETHER, JAMES MIESEL JR, PHILIP C Barbara McFall Jim Baertshiger Tom McCabe MORGAN, ROY NW ADMIN TRANSFER ACCT RIEPE, TOM RYAN, ED SWEA'I=r, JOHNNIE THOMPSON, BRUCE UNUM LIFE INS CO OF AMERICA Self Insurance HEALTHCARE MGMT ADMNSTRS INC Self Insurance Description February premium Medicare premium-January Medicare premium-January Disability Board-January Disability Board-January Medicare premium-January Medicare premium-January Medicare premium-January Disability Board-January Disability Board-January Medicare premium-January Medicare premium-January Disability Board-January Medicare premium-January Disability Board-January Medicare premium-January Disability Board-January Medicare premium-January Disability Board-January Medicare premium-January Medicare premium-January Medicare premium-January Disability Board-January Disability Board-January Medicare premium-January MEDICAL REIMBURSEMENT WELLNESS REIMBURSEMENT WELLNESS REIMBURSEMENT Medicare premium-January February premium February premium Disability Board-January Disability Board-January Medicare premium-January Medicare premium-January February premium Other Insurance Programs FEB DENTAL PREMIUM 01-18 Dental claims EFT 01-26 Dental claims EFT 02-01 Dental claims EFT Medical Benefits Account Number Invoice Amount 503-1631-517.46-35 5,590.20 503-1631-517.46-35 66.60 503-1631-517.46-35 173.00 503-1631-517.46-35 73.42 503-1631-517.46-35 216.69 503-1631-517.46-35 129.10 503-1631-517.46-35 91.90 503-1631-517.46-35 65.60 503-1631-517.46-35 133.00 503-1631-517.46-35 116.50 503-1631-517.46-35 78.20 503-1631-517.46-35 78.20 503-1631-517.46-35 61.78 503-1631-517.46-35 78.20 503-1631-517.46-35 35.00 503-1631-517.46-35 78.20 503-1631-517.46-35 117.02 503-1631-517.46-35 58.70 503-1631-517.46-35 99.00 503-1631-517.46-35 73.20 503-1631-517.46-35 54.00 503-1631-517.46-35 133.20 503-1631-517.46-35 21.84 503-1631-517.46-35 918.62 503-1631-517.46-35 61.60 503-1631-517.46-30 90.00 503-1631-517.41-51 228.58 503-1631-517.41-51 250.00 503-1631-517.46-35 75.20 503-1631-517.46-33 47,166.15 503-1631-517.46-34 11,515.25 503-1631~517.46-35 60.00 503-1631-517.46-35 72.00 503-1631-517.46-35 65.70 503-1631-517.46-35 60.60 503-1631-517.46-31 2,416.23 Division Total: $206,210.05 503-1637-517.46-01 1,770.00 503-1637-517.46-01 544.28 503-1637-517.46-01 3,006.00 503-1637-517.46-01 2,808.10 Division Totah $8,128.38 Vendor GORDY'S piZZA & PASTA PROGRESSIVE BUSINESS PUBLCTNS Self Insurance SUMMIT LAW GROUP PLLC Self Insurance BRAUN, GARY CAMPBELL, MALCOLM D EVANS, SIDNEY LIND, DARWIN PETER RYAN, ED Fireman's Pension PA DOWNTOWN ASSN AMSAN OLYMPIC SUPPLY ASM SIGNS PARKER PAINT MFG CO INC QWEST SENIUK, JAKE Esther Webster/Fine Arts AFSCME LOCAL 1619 ASSOCIATION OF WASHINGTON CITIES City of Port Angeles City Council Expenditure Report From: 1/22/05 To: 2/4/05 Date: 2/7/05 Description SAFETY COMM LUNCH Renew 265463901 Worker's Compensation Labor representation-Dec Comp Liability Self Insurance Self. Insurance Fund Medicare premium-January Disability Board-January Medicare premium-January Medicare premium-January Disability Board-January Disability Board-January Medicare premium-January Fireman's Pension Fireman°s Pension Firemen's Pension 2500 DUPAR 300 DECAL PBIA Off Street Parking Fund Floor cleaning supplies 'Australian Art' vinyls Paint Paint 01-14 a/c 3604570411199B 0%14 a/c 3604573532775B 01-23 a/c 206T418577331B Photo filter Canned air,printer inks Postage Postage Travel expenses Anouncernent printing Esther Webster/Fine Arts Esther Webster/Fine Arts Esther Webster Fund P/R Deductions pe 01-30 P/R Deductions pe 01-30 FEB SUPP INSURANCE Account Number Invoice Amount 503-1661-517.49-09 69.25 503-1661-517.49-09 467.86 Division Total: $537.11 503-1671-517.41-50 70.50 Division Total: $70.50 Department Total: $214,946.04 Fund Total: $214,946.04 602-6221-517.46-35 78.20 602-6221-517.46-35 57.00 602-6221-517.46-35 75.20 602-6221-517.46-35 77.20 602-6221-517.46-35 90.00 602-6221-517.46-35 403.30 602-6221-517.46-35 60.60 Division Total: $841.50 Department Total: $841 Fund Total: $841.50 650-0000-231.91-00 2,800.00 650-0000-231.92-00 5,200.00 Division Total: $8,000.00 Department Total: $8,000.00 Fund Total: $8,000.00 652-8630-575.31-06 105.69 652-8630-575.31-01 19.23 652-8630-575.31-20 148.15 652-8630-675.31-20 24.58 652-8630-575.42-10 22.45 652-8630-575.42-10 41.14 652-8630-575.42-10 60.56 652-8630-575.31-01 38.03 652-8630-575.31-01 318.73 652-8630-575.42-10 13.65 652-8630-575.42-10 11.25 652-8630-575.43-10 23.14 652-8630-575.49-60 336.50 Division Total: $1,163.10 Department Total: $1,163.10 Fund Total: $1,163.1 920-0000-231.54-40 90.00 920-0000-231.54-40 180.00 920-0000-231.53-30 541.60 5 Page 15 Date: 2/7/05 City of Port Angeles City Council Expenditure Report From: 1/22/05 To: 2/4/05 Vendor DIMARTINO/VVSCFF DISABILITY FIREFIGHTER'S LOCAL 656 IBEW LOCAL 997 OFFICE OF SUPPORT ENFORCEMENT PERS POLICE ASSOCIATION UNITED WAY (PAYROLL) WSCCCE AFSCME AFL-CIO Totals for check period Description P/R Deductions pe 01-30 P/R Deductions pe 01-30 P/R Deductions pe 01-30 P/R Deductions pe 01-30 P/R Deductions pe 01-30 P/R Deductions pe 01-16 P/R Deductions pe 01-30 P/R Deductions pe 01 P/R Deductions pe 01-30 Payroll Clearing From: 1/22/05 Account Number Invoice Amount 920-0000-231.53-40 874.17 920-0000-231.54-30 1,387.00 920-0000-231.54-20 576.20 920-0000-231.56-20 169.85 920-0000-231.56-20 1,827.73 920-0000-231.51-11 3,455.41 920-0000-231.55-10 231.00 920-0000-231.56-10 251.67 920-0000-231.54-40 3,570.33 Division Total: $13,154.96 Department Total: $13,154.96 Fund Total: $13,154.96 To: 2/4/05 $1,099,618.17 5"-6-P a g e 16 Finance Department Electronic Payments January 22, 2005 - February 04, 2005 Fund 401 01-24-05 BPA Transmission - December 177,401.00 401 01-27-05 BPA Power Bill - December 1,939,590.00 Total 2,116,991.00 WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: TO: FROM: SUBJECT: FEBRUARY 15, 2005 CITY COUNCIL Brad Collins, Community Development Manager Mt. Angeles Road/US 101 Boundary Adjustments Summary: Clallam County and City of Port Angeles have agreed to two boundary adjustments that will bring portions of Mt. Angeles Road and US 101 into the corporate limits of the City. The City Council took action at its last meeting, and Clallam County Commissioners are scheduled to approve the adjustments on February 15, 2005. Two corrections in the legal descriptions need to be made. The actual map changes remain the same as what was shown with the approval of Ordinance No. 3187. Recommendation: Approve the corrected Ordinance adjusting the City limits to include >ortions of Mt. Angeles Road and US 101 as described in and shown on the exhibits. Background / Analysis: The two proposed boundary adjustments will incorporate portions of the Mt. Angeles Road and US 101 in conjunction with an approved subdivision and a proposed armexation. The City and the County agreed to the City street standards on Mt. Angeles Road with the conditions that the City incorporate a portion of right-of-way adjacent to the City limits and sign a maintenance and hability agreement, which the County is still drafting. Since the City has accepted a proposal to annex a large segment of US 101 from Old Joe Road west to Reddick Road, incorporating that portion of US 101 adjacent to the City limits from Doyle Road east to Valley Street will eliminate a gap in the City's jurisdiction over US 101 from its east City limits to its west City limits. Due to a typographical error identifying the "northwest" instead of"northeast" quarter of a quarter section in the Mt. Angeles Road legal description and a map error identifying "Pine Street Cutoff' instead of"Valley Street" in the US 101 legal description, the corrections to Ordinance No. 3187 are necessary. Attachment: Corrected Ordinance G:\CNCLPKT~PLANNING~2005 agendaitems\021505A.wpd 59 ORDINANCE NO. 3187 An ordinance adjusting the corporate boundary of the City of Port Angeles to include a portion of Mt. Angeles Road, and a portion of US 101 between Doyle Road and Valley Street. The City of Port Angeles, Washington, does hereby ordain as follows: WHEREAS, the City of Port Angeles and the County of Clallam each have jurisdiction over various portions of Mt. Angeles Road and of US 101; and WHEREAS, current annexation law would have provided that all or none of a portion of a road bordering an annexation to a city would become part of the city; and WHEREAS, RCW 35A.21.210 authorizes a county and a code city located within the county, by agreement, to revise the corporate boundary of the city with respect to roads on the edge of the city boundary, and WHEREAS, the City and County mutually desire to have the corporate boundary of the City revised such that a portion of Mt. Angeles Road will be fully included within the corporate limits and boundary of the City as set forth in the attached Exhibit A; WHEREAS, the City and County mutually desire to have the corporate boundary of the City revised such that a portion of US 101 between Doyle Road and Valley Street will be fully included within the corporate limits and boundary of the City as set forth in the attached Exhibit B; -1- NOW, THEREFORE, Section 1. IT IS HEREBY ORDAINED by the City Council of the City of Port Angeles that the corporate boundary of the City of Port Angeles is hereby revised to incorporate into the City of Port Angeles, for all purposes and with the same legal fight, liabilities, and obligations as if said road portions were being annexed into the City, that portion of Mt. Angeles Road as described in the attached Exhibit A; and .Section 2. IT IS HEREBY ORDAINED by the City Council of the City of Port Angeles that the corporate boundary of the City of Port Angeles is hereby revised to incorporate into the City of Port Angeles, for all purposes and with the same legal right, liabilities, and obligations as if said road portions were being annexed into the City, that portion of US 101 between Doyle Road and Valley Street, as described in the attached Exhibit B; and Section 3 - Effective Date. IT IS FURTHER ORDAINED that this ordinance shall be effective when a similar ordinance or resolution is approved by the legislative body of Clallam County, unless such ordinance or resolution has already been adopted by Clallam County, in which case the ordinance shall be effective upon the adoption of this ordinance. Section 4 - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. -2- Section 5 - Publication. This Ordinance shall be published as required by law. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 15th day of February, 2005. ATTEST: MAYOR Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: By Summary G:~LegaI_Baclmp\ORDINANCES&RESOLUTIONS~20054)l.Annex. Mt Angeles Rd & 101 63 Mt. Angeles Road Right-of-Way Acquisition (Exhibit A) All of Mount Angeles Road right-of-way, County' Road No. 34310, lying within the northeast quarter of the southwest quarter of Section 14, Township 30 North, Range 6 West of the Willamette Meridian, Clallam County, Washington, as shown on attached Exhibit B containing 1.07 acres more or less. Western UGA Right-of-Way Acquisition - Doyle Road West (Exhibit B) Area 1 A portion of the south half of Section 9, Township 30 North, Range 6 West of Willamette Meridian, Clallam County, Washington, described as follows: Beginning at the intersection o£the west margin o£Valley Street and the south margin of U.S. I~Iighway 101; thence west along said south margin to the east margin of Doyle Road; thence northerly along said east margin, and a prolongation thereof, to the north margin of U.S. l-Iighway 101 and the limits of thc City of Port Angeles; thence east along said north margin and said limits to the west margin of Valley Street; thence southerly to the Point of Begininng. Containing 19.05 acres more or less. 67 68 pORTANGELE$ WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: To: FROM: SUBJECT: FEBRUARY 7, 2005 CITY COUNCIL DENNIS C. DICKSON, SENIOR ASSISTANT CITY ATTORNEY AUTHORIZATION/RATIFICATION SALE OF LOT 5, BLOCK 241 Townsite of Port Angeles SUMMARY: On November 1, 2004 the City Council of the City of Port Angeles declared Lot 5, Block 241, Townsite of Port Angeles to be surplus and authorized its sale. This land was more commonly known as the 7th &; D Park. It consists of 1 city lot. An asking price was set by the Real Estate Committee of the City Council. A contract for sale of that property, at the city's asking price has been executed. RECOMMENDED ACTION: Authorize the Mayor and or City Manager to execute the appropriate documents to close the sale. BACKGROUND: At its regularly scheduled council meeting of November 1,2004, the City Council of Port Angeles considered the issue of surplusing various city owned park properties. After public hearing Council did declare Lot 5, Block 241, Townsite of Port Angeles to be surplus property and authorized that it be sold. The Real Estate Subcommittee of City Council recommended an asking price of $38,000. A contract for purchase of the lot at the city's asking price was executed. The sale is now pending for closing upon City Council authorization for the Mayor or City Manager to execute the appropri%closing document~ss~/~d, deed. D/. s c. )ickson ~D[or Assistant City Attorney DCD/cik G:LLEGAL\MEMOS.2005\council real¢$tat¢.saleLot 5blk241 wpd 69 WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: TO: FROM: SUBJECT: February 15, 2005 CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities Project Additions to the Approved Capital Facilities Plan for Extension of Utilities to Western Urban Growth Area Summary: The City has been requested by property owners to annex the southerly portion of the Western Urban Growth Area and extend sewer, water, and electric utilities. The request was received after approval of the 2004 CFP and subsequent budgeting. The projects must be added to the approved Capital Facilities. Recommendation: Approve the addition of Projects WW01-05, WT01-05 and CL01-05 to the Capital Facilities Plan. Background/Analysis: The City has been requested by property owners to annex the southerly portion of the Western Urban Growth and extend sewer, water and electric utilities to serve the existing industrial customers and a proposed new mill (map attached). These requests were received after approval of the 2004 CFP and subsequent budgeting. The area currently has no sewer service, Dry Creek water service is inadequate to provide required fire flows and the area is currently served by the PUD for electric service. The annexation will be necessary prior to providing electric service and will greatly facilitate right of way and permits for construction of the sewer, water and electric infrastructure. The infrastructure necessary to provide the requested services, associated costs and the three proposed CFP items are attached and summarized below: CFP PROJECT TITLE COST WW01-05 Extend Sewer Service to Western UGA $985,000 WT01-05 Extend Water Service to Western UGA $2,525,000 CL01-05 Extend Electric Service to Western UGA $930,000 Total $4,440,000 The new wood mill, which has agreed to participate in the funding for these projects, is scheduled for operation on November 1, 2005. The projects must be added to the approved Capital Facilities Plan. Funding for the projects will be from existing funds on hand, bonds, and property owners. Attachments: map CFP descriptions of Projects #CL01-05, #WW01-05, and #WT01-05 N:\CCOUNC1LXFINAL~Add CFP for WUGA.doc 71 CAPITAL FACILITIES PROJECT Extend Sewer Service to Western UGA Project #: WW01-05 Project Description Estimated Project Costs Fhis project involves construction of pumping facilities and a 4 Planning/Design: $190.000 inch pressurized sewer line approximately 4200 £eet along Hwy LandlRight-~f-Way: $0 101 from Fairmount Ave west to Eclipse lndust~ial Park east of Construe[ion: $795.000 ~.irport Road, along with an 8 inch gravity main approximately Other $0 .~400 feet south along Eclipse Rd. Totak $985,000 Estimated Project Funding 3onds: $985.000 .~eneral Fund Current: Unknown: $0 Total: $985,000 YearlF Ex ;ense Summary - Capital/Net Operating Prior Years 2005 2006 2007 2008 ] 2009 I 2010 I 2011 ProJ Total $0 $985,000 $0 $0 $0I $0[ $0I $0 $985,000 ~rConstComp: I 0 I FirstYearofOperatingCost: 0 OperatingCostAmount: $0 Right of Way: Yes SEPA Required: No Other Permits: Yes City Priority: Legal Mandate: No Concurrency: No Contract: No Department: Public Works & Utilities Division: Wastewater Cost Center: 0 Contact: S. Sperr Div. Priority: 0 Justification: Provide sanitary sewer service to UGA and new mill. Impact if not executed: Area of valuable industrial lands tied up in septic drain fields. Remarl~ Date Revised [ 2/9/05 WSDOT/County Franchise may be required if area is not annexed. Coordinate with WT01-05 &CL01-05. N:\CCOUNC[L\FINAL~Add CFP for WUGA.doc 73 CAPITAL FACILITIES PROJECT Extend Electric Service to Western UGA Project #: CL01-05 Project Description Estimated Project Costs This project involves rebuilding 1400 feet of overhead PlanninglOaaign: $9,~oo listribution along Fairmount Ave. and extending underground Land/Right-of-Way: $0 electric distribution 4200 feet west along Hwy 101 to Eclipse Construction: $502,000 Rd and south 2400 feet to serve new mill. Ot~ec $419,000 Total: $930,000 Estimated Project Funding 5onds:$930,000 3choral Fund Current: Unknown: $0 Total: $930,000 YearlF Ex ~ense Summar~ - Capital/~Net Operating $0 $930,000 $0 $0I [ ] [ $0 $0 $0 $0 $930,000 Yr Const Comp: [ 0 First Year of Operating Cost: 0 Operating Cost Amount: $0 Right of Way: Yes SEPA Required: No Other Perm/ts: Yes City Priority: Legal Mandate: No Concurrency: No Contract: No Department: Public Works & Utilities Division: Electric Cost Center: 0 Contact: J. Harper Div. Priority: 0 Justification: ?rovide service to new industrial customer. Impact if not executed: Pail to meet utility service obligations to city tax payers. Remarks Date Revised I 2/9/05 Project is contingent on annexation. Coordinate with WW01-05 and WT01-05. 74 CAPITAL FACILITIES PROJECT Extend Electric Service to Western UGA Project #: CL01-05 Project Description This project involves rebuilding 1400 feet of overhead distribution along Fairmount Ave. and extending underground electric distribution 4200 feet west along Hwy 101 to Eclipse Rd and south 2400 feet to serve new mill. Estimated Pro Planning/Design: Land/Right-of-Way: Construction: Other: Total: ;ect Costs $9,000 $o $502,000 $419,000 $930,000 Estimated Project Funding Resemes: $4301000 Donations: Grants: Bonds: $500,000 Loans: Utilities: General Fund Current: Unknown: Total: $930,000 YearlF Expense SummarF - Capital/Net 0 '~rating Prior Years 2005 2006 2007 2008 2009 2010 2011 Proj Total $0 $930,000 $0 $0 $0 $0 $0 $0 $930,000 Yr Const Comp: I 0 I First Year of Operating Cost: 0 Operating Cost Amount: $0 Right of Way: Yes SEPA Required: No Other Permits: Yes City Priority: Legal Mandate: No Concurrency: No Contract: No Department: Public Works & Utilities Division: Electric Cost Center: 0 Contact: J. Harper Div. Priority: 1 Justification: [Provide service to new and existing industrial customers. Impact if not executed: New mill will not have adequate electric service to operate. Remarks Date Revised I 2/11/05 Project is contingent on annexation. Coordinate with WW01-05 and WT01-05. Extend Electric Service to Western UGA Project #: CL01-05 Bond Funding Sources Electric Bonds $500,000 Reserves Electr c Rates $430,000 Notes:, $930,000 1 Picture / Area Map REVIEW: Department Head: Date: Comm.Dev. Director: Date: Finance Director: Date: City Engineer: Date: City Manager: Date: CAPITAL FACILITIES PROJECT Extend Water Service to Western UGA Project #: WT01-05 Project Description Estimated Project Costs This project involves providing pumping modifications and extending a 16 inch waterline 4500 feet along Hwy 101 east from Doyle Rd to ease of Airport Road and 2400 feet south along Eclipse Rd to provide water service and fireflow to new mill and UGA. Planning/Design: $220,000 Land/Right-of-Way: $0 Construction: $2,305,000 Other: $0 Total: $2,525,000 Estimated Project Funding Reserves: $1,280,000 Donations: $500,000 Grants: Bonds: $745,000 Loans: Utilities: General Fund Current: Unknown: $0 Total: $2,525,000 2011 Proj Total $0 $2,525,00C Operating Cost Amount: $0 Prior Years 2005 $0 $2,525,000 Yr Const Comp: } 0 Right of Way: Yes Yearly Expense Summa~ - Capital/Net Operating 200650 200750 I 2°°8$0 I 2°°9 I 2°t°$0 $0 First Year of Operating Cost: 0 SEPA Required: No Other Permits: Yes City Priority: Legal Mandate: No Concurrency: No Contract: No Department: Public Works & Utilities Division: Water Cost Center: 0 Contact: S. Sperr Div. Priority: 1 Justification: Provide necessary water fireflow to allow economic development of industrial area in the UGA. Impact if not executed: Area will have less than required fireflows resulting in large quantities of industrial lands being tied up with holding lakes to provide water for fire supression. Insurance rate reductions will not be realized. IEconomic opportunities will be reduced. . Remarks Date Revised I 2/11/05 WSDOT/County franchise may be required if area is not annexed. Coordinate with WW01-05 and CL01-05. Extend Water Service to Western UGA Project ti: WT01-05 Bond Water Bond Donation mill donation Reserves Water Rates Notes: Funding Sources $745,000 $500,000 $1,280,000 $2,525,000 Picture / Area Map REVIEW: Department Head: Comm. Dev.Director: Finance Director: City Engineer: City Manager: Date: Date: Date: Date: Date: CAPITAL FACILITIES PROJECT Extend Sewer Service to Western UGA Project #: WW01-05 Project Description Estimated Pr~ ~ect Costs Planning/Design: This project involves construction of pumping facilities and a 4 inch pressurized sewer line approximately 4200 feet along Hwy 101 from Fairmount Ave west to Eclipse Industrial Park east of Airport Road, along with an 8 inch gravity main approximately Land/Right-of-Way: Construction: Other: $190,000 $0 $795,000 $0 2400 feet south along Eclipse Rd. Facilities are sized to serve the UGA north of Hwy 101 as well as the proposed annexation area south of Hwy 101. Prior Years 2005 $0 $985,000 YrConstComp:I 0 Right of Way: Yes Yearlv Ex 2006 $0 First Year Total: $985,000 Estimated Project Funding Reserves: $600,000 Donations: Grants: Bonds: $385,000 Loans: Utilities: General Fund Current: Unknown: $0 Total: ~ense SummarF - Capital/Net Operating 200750 I 200850 200950 I 201050 of Operating Cost: 0 $985,000 2011 Proj Total $0 $985,000 Operating Cost Amount: $0 SEPA Required: No Other Permits: Yes City Priority: Legal Mandate: No Concurrency: No Contract: No Department: Public Works & Utilities Division: Wastewater Cost Center: 0 Contact: S. Sperr Div. Priority: 1 Justification: Provide sanitary sewer service to UGA and new mill. Impact if not executed: Area of valuable industrial lands tied up in septic drain fields. Economic development opportunities wi I be reduced Remarks Date Revised ] 2/11/05 WSDOT/County Franchise may be required if area is not annexed. Coordinate with WT01-05 &CL01-05. Extend Sewer Service to Western UGA Bond Wastewater Bond Reserves Wastewater Rates Notes: I Project #: WW01-05 Funding Sources I $385,000 $600,000 $985,000 [ Picture / Area Map REVIEW: Department Head: Date: Comm.Dev. Director: Date: Finance Director: Date: City Engineer: Date: City Manager: Date: CAPITAL FACILITIES PROJECT Extend Water Service to Western UGA Project #: WT01-05 Project Description Estimated Project Costs [his project involves providing pumping modifications and Plannln~O~s~n: $220.0OO Land/Right-of-Way: $0 ,~xtending a 16 inch waterline 4500 feet along Hwy I 0 1 east Construction: $2,~05,000 Yom Doyle Rd to ease of Airport Road and 2400 feet south Other $0 :long Eclipse Rd to provide water service and fireflow to new Total: $2,525,0OO mill and UGA. Estimated Project Funding Donations: $46~,000 YearlF Ex, ,ense Summar~ - Capital/Net Operating $0 $2,525,000$o $oJ J J J$o $0 $o ,0]$2,525,000 IYr Const Comp: I o I First Year of Operating Cost: 0 Operating Cost Amount: $0 Right of Way: Yes SEPA Required: No Other Permits: Yes City Priority: LegalMandate: No Concurrency: No Contract: No Department: Public Works & Utilities Division: Water Coat Center: 0 Contact: S. Sperr Div. Priority: 0 Justification: Provide necessary water fireflow to allow economic development of industrial area in the UGA. Impact if not executed: Area will have less than required fireflows resulting in large quantities of industrial lands being tied up w th ho ding lakes to provide water for fire supress on. Remarks Date..~a.I 2/~;os I WSDOT/County franchise may be required if area is not annexed. Coordinate with WW01-05 and CL01-05. N:\CCOUNCILW1NAL~Add CFP for WUGA.doc 75 pORTANGEI ES WASHINGTON, U.S.A. CiTY COUNCIL MEMO DATE: To: FROM: SUBJECT: February 15, 2005 CITY COUNCIL Brad Collins, Community Development Manager North Peninsula Builders Association Preliminary Subdivision Summary: The North Peninsula Builders Association (NPBA) in cooperation with the Port Angeles School District and others have established a Future Builders program where high school students learn homebuilding trades. Each year the program has obtained a lot for building a house. The purpose of this 18-lot subdivision is to create the lots on which those Future Builders houses will be built. The 5-acre site between W. 10* and W. 12' Streets is zoned RS-9 and will have 9 lots on each side ora new interior street constmcted to Iow impact development standards. W. l0th St. and W. 12' St. are also conditioned for low impact development standard improvements by the Planning Commission. The full subdivision is projected to built out over 18 years and have three fmal plat phases. Recommendation: The Department of Economic & Community Development recommends the City Council approve the final plat as shown on Exhibit A and as recommended by the Planning Commission, citing 13 conditions, 23 findings, and 7 conclusions per Exhibit B. Background / Analysis: The 5-acre subject site is rectangular in shape and slopes from south (W. 12th St.) to north (W. 10th St.). The subdivision, except for the phasing and lengthy build out time, is straightforward with lot sizes ranging fi:om 9,215 to 9,340 square feet in area. The inter/or street could be the only street between W. 12' and W. 10' Streets west of N Street. W. 12th Street is not an arterial street, not an adopted bicycle route, nor a school walking route, although the school bus stop for young children is located at N Street. Since there is inadequate right-of-way between the subject site and N Street, only the on-site frontage on W. 12th Street will be improved to a 30-foot width with 20 feet for the travel way leaving a 10-foot parking lane on the south side of W. 12' as currently improved. Drainage and walkway improvements will be provided by the NPBA subdivision for the on-site frontage. The right-of-way for W. l0th Street is currently 70 feet in width and will require improvement to arterial street standards of a minimum 24-foot width with drainage and a 4-foot walkway to N Street. If improvements to W. l0th Street are not required until a later phase of the subdivision, NPBA should sign a latecomers agreement to pay for a fair share ofW. 10' Street improvements. The primary issues involve street, walkway, and stormwater management improvements. The phasing of the final plats from south to north leaves W. l0th Street, the arterial collector, unimproved until the third phase, perhaps 12 years from now. Off-site stormwater, walkway, and 77 NPBA Preliminary Subdivision Febmary 15, 2005 Page 2 street pavement improvements will not be made until the third phase. Stormwater, therefore, may be required to be pumped up to W. 12th Street until the final phase improvements are made in W. 10th Street. In the absence of a walkway on either W.12th Street or W. l0th Street from the subject site to N Street, safe access for young children to the school bus stop at N Street necessitates that all or at least the north side of W. 12 Street be posted for no parking. Staff will be available to answer questions. Attachments: Preliminary Subdivision Exhibits A-Plat and B-Conditions, Findings, & Conclusions Excerpt of the January 26, 2005, Planning Commission Minutes January 26, 2005, Staff Report NPBA Preliminary Subdivision Application G:\CNCLPKT~PLANNINGL2005 agendaitems\021505B2.wpd EXHIBIT B FINDINGS AND CONCLUSIONS 1N SUPPORT OF THE NORTH PENINSULA BUILDERS ASSOCIATION (NPBA) PRELIMINARY SUBDIVISION: Conditions: The subdivision may be built in three phases with the first phase being Lots 1, 2, 3, 16, 17, and 18, the second phase being Lots 4, 5, 6, 13, 14, and 15, and the third phase being Lots 7, 8, 9, 10, 11, and 12. Stormwater detention ponds will be created and utilized for each phase with final stormwater improvements installed with the final phase. Cul-de-sacs shall be constructed for emergency turn around at the north end of each phase as development of the interior street will be completed with each phase. The interior street shall be designed, named, dedicated, and constructed per the City's suburban service standards, which includes at minimum 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. If interior streets are built to suburban low impact development standards, and are less than 36 feet in total width, signage shall be placed on the interior street indicating that on-street parking is prohibited along both sides of the streets. Thirty (30') feet o fright-of-way shall be dedicated along the West 12th Street frontage of the property a distance of approximately 230'. Ten (Iff) foot of asphalt must be placed north of the platted centerline along the property width of West 12th Street with shoulder, ditch, and pedestrian walking path per the City's suburban road standards. Improvement to "N" Street is not required due to a lack of right-of-way east of the site. Fire hydrants shall be placed and spaced as required by the City's Fire Department to a maximum 1000' of separation distan~c~5/ Wording shall be placed on the finaTplat 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. 6. Utility service to the subdivision shall be underground. Prior to final plat approval, an 8 inch water service shall be extended to the lots as required by the Public Works and Utilities Department. Stormwater~mprovementplans shallbesubm~ttedforapprovalpertheC~ty sUrbanServ~c s Standards and Guidelines and installed prior to final plat approval. Sanitary sewer shall be extended to the new lots as required by the Public Works Department from either West Tenth Street or West Twelfth Street. 10. 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. 11. The final plat shall indicate that the William R. Fairchild International Airport is located in the vicinity and that ongoing airport operations exist. 8O Findings and Conclusions - NPB~4 Page 2 12. NPBA shall sign a latecomers agreement to pay for a fair share of W. 10~ Street improvements. 13. W. 12 Street be posted for no parking to provide safe access for young children to the school bus stop at N Street. Findings: Preliminary approval is for the 18-unit subdivision submitted by Zenovic and Associates on January 26, 2005, for North Peninsula home Builders, identified as being the West ¥2 of Suburban Lot 55 within the Townsite of Port Angeles and located 900 feet west of"N" Street between West l0th Street and West 12th Street. The site is approximately 5 acres in size and is rectangular in configuration. The subject property is identified by the Port Angeles Zoning Map as Single Family Residential (RS-9) which allows a density of up to 7 units per acre. The proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000 square feet in area. 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 o f 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. The Port Angeles Public Works, Light, Parks, and Fire Departments reviewed thc proposed short plat. Their comments and specific conditions have been incorporated in the Department's recommendation. Water, power, garbage pickup, telecommunications, sewer, and emergency services are available within acceptable standards to the site or will be extended through conditions to the preliminary plat. The subject property is identified as Low Density Residential (LDR) on the Port Angeles Comprehensive Plan land use map and is located in the City's Northwest Planning Region. Findings and Conclusions - NPBA Page 3 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. 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 fimctionally 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 ofnonthrough 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 The site is currently served by West Tenth Street and West Twelfth Street, from "N" Street. None of the access streets are fully improved. Improvements to West l0th Street will be required such that the final roadway is improved to current urban services standards and guidelines. "N" Street is a collector medal and a designated school walking route but is not a designated bicycle route. The City's Urban Services and Guidelines Standards (Section 3G.100 Street Trees and Landscaping) states that street trees shall be planted on arterial streets in the City and in other specified areas. Right-of-way dedication and improvement for a ditch and pedestrian walking path are required along the site's southern frontage of 30 feet for the continued development of West Twelfth Street. 10. The City's low impact development standards for suburban areas were adopted in 2003 with the restriction 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. 11. 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 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 Citywill 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 Findings and Conclusions - NPB.4 Page 4 more favorable conditions for growth. If trees are to be planted within a planting strip in the right-of-way, their proposed locations and species to be used are to be submitted for review and approval by the City. 12. There are no environmentally sensitive areas on the site. The site slopes to the northwest. The site is not considered a fi'equently flooded area and is not listed on the Federal Emergency Management Act (FEMA) maps which denote those areas that are within 100- year flood areas. 13. The owner of a construction site which disturbs a total of five acres or more of land area that has a discharge of stormwater to a surface water or storm sewer system must apply to the State Department of Ecology for a General Permit for Stormwater Discharge Associated with Construction Activities. 14. 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. 15. The Port Angeles School District has been notified of the development to allow them to plan for needed public school facilities and routes. The Port Angeles School District provides school bus pick-up for students at Hamilton Elementary School and Stevens Middle School at 12th and "N" Streets. 16. 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 less than 1/4 mile east of the subject site along "N" Street. The nearest public playground area is located approximately three-quarters of a mile north (Crown Park) or one mile southeast (Lincoln Park). 17. 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. 18. The City's State Environmental Policy Act (SEPA) Official issued a Determination of Nonsignificance for the preliminary subdivision on January 10, 2005, therefore satisfying the City's responsibility under the Act. 19. The William R. Faimhild International Airport is located south of the site. Port of Port Angeles staff has been notified of the proposed subdivision proposal and per agreement 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. 20. The Planning Commission's decision is a recommendation to the City Council. The Commission acts as the City's hearing body for preliminary subdivision approval. Reports are advisory only to ensure conformance of the proposed subdivision to the general purposes of the City's Comprehensive Plan and to planning standards and specifications adopted by the City. Findings and Conclusions - NPBA Page 5 21. Property owners within 300 feet of the proposed subdivision were mailed notice of the proposal on December 22, 2004. The property was posted on December 22, 2004, and publication appeared in the Peninsula Daily News on December 19, 2004. No written comments have been received. 22. The right-of-way for W. 10t~ Street is currently 70 feet in width and will require improvement to arterial street standards of a minimum 24-foot width with drainage and a 4-foot walkway to N Street. 23. Adequate right-of-way does not exist between the subject site and N Street, and only the on- site frontage on W. 12th Street will be improved to a minimum 20-foot width for the travel way with drainage and sidewalk or walkway improvements, although the school bus stop for young children is located at N Street. Conclusions: As conditioned, the proposed short plat is consistent with the Port Angeles Comprehensive Plan 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 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. As conditioned, if minimum suburban street standards are used, 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 on-street parking could prevent ease of passage for emergency vehicles and sight distance safety issues. 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. The phasing of the subdivision and the delayed build out of the lots and street improvements th along W. 10 Street to N Street require that the North Peninsula Builders Association and subsequent lot purchasers agree to pay latecomer fees for improvements to W. l0th Street. Findings and Conclusions - NPBA Page 6 Eliminating parking along W. 12~ Street will improve visibility and safety for young children walking from the subject site to the school bus stop at N Street. Adopted by the Port Angeles City Council at its meeting of March 1, 2005. Richard A. Headrick, Mayor Becky J. Upton, City Clerk 85 Planning Commission Minutes January 26, 2005 Page 9 PUBLIC HEARINGS: Chair Hewins indicated that those who testify must sign the "Sign In" log and affirm that their testimony will be truthful to thc best of their knowledge. SUBDIVISION - NORTH PENINSULA HOME BUILDERS: Between W. 10th Street and W. 12th Street, west of"N" Street: Proposal to subdivide 5 acres in the RS-9 Residential Single Family zone into 18 residential lots. Associate Planner Scott Johns reviewed the Department's report and responded to questions regarding required improvements. He provided a Power Point presentation indicating proposed development of the subdivision in three phases. Vice Chair Rasmussen opened the public hearing. Vice Chair Rasmussen expressed concern with the number of residential lots that have been platted in the past year in the subject area without accounting for recreational needs. He was uncomfortable continuing the trend. Impact fees were briefly discussed. The Commission took a break at 7:10 p.m. The meeting reconvened at 7:20 p.m. and Vice Chair Rasmussen opened the public heating. Linda deBord, 1309 East 7h Street, spoke as president of the North Peninsula Building Association (NPBA) in favor of the proposal. She noted that the subdivision proposal is a result of a parmership between the Association, the Port Angeles School District, the City of Port Angeles, and Peninsula College in support of the Future Builder's program which supports technical training to the community. Attendance and enrollment at the High School is steadily growing for the activity and the subdivision will ensure that the program will continue for an additional 9 to 18 years to come. Normally, one home is constructed per year, however, given the interest over the past two years, it is anticipated that two homes a year may be constructed. The Future Builder program is self supporting and funds are distributed as (1/3) construction funding, (1/3) scholarships, and (1/3) school support. The program helps train future tradespeople while supplying quality homes. The program has been very successful and the proposed subdivision is hoped to be an example of the best available techniques in construction. She added that, in general, the Association does not believe that the City' s low impact development standards actually provide the amenities of development that people who live in the City expect of urban neighborhoods. Although the subdivision location allows for low impact development standard streets, the intent is to work with City staff to incorporate innovative techniques in design of the streets and neighborhood landscaping that will exceed minimum standards while remaining affordable. It is hoped that the neighborhood development will set a new higher standard for moderate income development. If the City decides at a future point to develop property in the area as a park, the Association will be a willing partner in that development. Tracey Gudgel, Polaris Engineering, 505 South Peabody Street, agreed that the intent of the building association is to provide a first class neighborhood that will set an example to other developers developing similar neighborhoods. He explained that the intent is to develop temporary cul-de-sacs at the end of each phase that will meet Fire Department requirements. Cul-de-sacs are preferred during construction of the phases to discourage tkrough traffic prior to completion of the subdivision. Upon final build out, the interior street will connect to West l0th Street and will tie in to the improvements while participating in late comers fees as required for that roadway Planning Commission Minutes January 26, 2005 Page 10 improvement. It may be desired to tie in to West 10th Street with build out of Phase 2, which would provide a through street between 10th/12th Street at that time, and it is hoped that decision will be allowed to be made at that time. Temporary storm detention will be provided at each phase with final storm detention at full build out. Linda deBord responded to Commissioner Hulett that they proposed to develop West Twelfth Street first rather than West Tenth Street to allow for the accumulation of construction funding in order to complete the project. It is believed that beginning the development from West Tenth Street would be more costly. There being no further testimony, Vice Chair closed the public hearing. Vice Chair Rasmussen expressed strong support for and commended the NPBA for its efforts in developing and continuing its commitment to ensure that the program is available for future students and home purchasers for many years to come. The Commission continued to discuss proposed street improvements and phasing development. In response to a question from Commissioner Souders,Tracey Gudgelresponded that detention ponds would be used during construction of the first two phases with approval of the City Public Works and Utilities Department. Improvements to West 12th Street will be placed with final of Phase 1. In response to Commissioner Souders, Bill Roberds, 54 }Yest Misty Lane, stated, as a director on the Association board, that the property has been stumped and cleared and is relatively flat with only a gentle slope so very little additional clearing/grading will need to be done for the first building site. The subdivision is anticipated to provide building sites for up to 18 years for the building program but could be reduced to 9 years if the enrollment trend continues. The desire to phase the project is due to the more unconventional nature of the development timeline. The subdivision development, while methodical, is not expected to be completed in a conventional time period but is intentionally an extended development. When the interior street connects to West l0th Street, it is expected that late comers costs will be paid to whoever has developed that street in the meantime or improvements will be made. Chair Rasmussen ask staff to add a condition regarding the projects phasing, make corrections to conditions 3 and 6, and finding 9 to reflect points that were covered during the discussion. A short recess was taken to allow staffto make the requested changes. Following continued discussion regarding proposed phasing, street improvement, and access, Commissioner Hulett moved to recommend approval of the preliminary subdivision to be constructed in three phases citing the following findings and conclusions: Conditions: The subdivision may be built in three phases with the first phase being Lots 1, 2, 3, 16, 17, and 18, the second phase being Lots 4, 5, 6, 13, 14, and 15, and the third phase being Lots 7, 8, 9, 10, 11, and 12. Stormwater detention ponds will be created and utilized for each phase with final stormwater improvements installed with the final phase. Cul-de-sacs shall be constructed for emergency turn around at the north end of each phase as development of the interior street will be completed with each phase. The interior street shall be designed, named, dedicated, and constructed per the City's suburban service standards, which includes at minimum a 20' asphalt surface with ditches Planning Commission Minutes January 26, 2005 Page 11 and a minimum 4' pedestrian walking path separated from the roadway by the ditch prior to approval of the final plat. If interior streets are built to suburban low impact development standards, and are less than 36 feet in total width, signage shall be placed on the interior street indicating that on-street parking is prohibited along both sides of the streets. Thirty (30') feet of right-of-way shall be dedicated along the West 12th Street frontage of the property a distance of approximately 230'. Ten (10') foot of asphalt must be placed north of the platted centerline along the property width of West 12th Street with shoulder, ditch, and pedestrian walking path per the City's suburban road standards. Improvement to "N" Street is not required due to a lack of right-of-way east of the site. 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. 6. Utility service to the subdivision shall be underground. Prior to final plat approval, an 8 inch water service shall be extended to the lots as required by the Public Works and Utilities Department. Stormwater improvement plans shall be submitted for approval per the City' s Urban Services Standards and Guidelines and installed prior to final plat approval. Sanitary sewer shall be extended to the new lots as required by the Public Works Department from either West Tenth Street or West Twelfth Street. 10. 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. 11. The final plat shall indicate that the William R. Fairchild International Airport is located in the vicinity and that ongoing airport operations exist. Findings: Preliminary approval is for the 18-unit subdivision submitted by Zenovic and Associates on January 26, 2005, for North Peninsula home Builders, identified as being the West V2 of Suburban Lot 55 within the Townsite of Port Angeles and located 900 feet west of"N" Street between West l0th Street and West 12th Street. The site is approximately 5 acres in size and is rectangular in configuration. The subject property is identified by the Port Angeles Zoning Map as Single Family Residential (RS-9) which allows a density of up to 7 units per acre. The proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000 square feet in area. Planning Commission Minutes January 26, 2005 Page 12 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 alter 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 o fWashington 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. The Port Angeles Public Works, Light, Parks, and Fire Departments reviewed the proposed short plat. Their comments and specific conditions have been incorporated in the Department' s recommendation. Water, power, garbage pickup, telecommunications, sewer, and emergency services are available within acceptable standards to the site or will be extended through conditions to the preliminary plat. The subject property is identified as Low Density Residential (LDR) on the Port Angeles Comprehensive Plan land use map and is located in the City's Northwest Planning Region. 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. 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 Planning Commission Minutes January 26. 2005 Page 13 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 ofnonthrough 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 The site is currently served by West Tenth Street and West Twelfth Street, from '2q" Street. None of the access streets are fully improved. Improvements to West l0th Street will be required such that the final roadway is improved to current urban services standards and guidelines. "N" Street is a collector arterial and a designated school walking route but is not a designated bicycle route. The City's Urban Services and Guidelines Standards (Section 3G. 100 Street Trees and Landscaping) states that street trees shall be planted on arterial streets in the City and in other specified areas. Right-of-way dedication and improvement for a ditch and pedestrian walking path are required along the site's southern frontage of 30 feet for the continued development of West Twelfth Street. 10. The City's low impact development standards for suburban areas were adopted in 2003 with the restriction 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. 11. 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 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 right-of-way, their proposed locations and species to be used are to be submitted for review and approval by the City. 12. There are no environmentally sensitive areas on the site. The site slopes to the northwest. The site is not considered a frequently flooded area and is not listed on the Federal Emergency Management Act (FEMA) maps which denote those areas that are within 100- year flood areas. 13. The owner of a construction site which disturbs a total of five acres or more of land area that has a discharge of stormwater to a surface water or storm sewer system must apply to the State Department of Ecology for a General Permit for Stormwater Discharge Associated with Construction Activities. 90 Planning Commission Minutes January 26, 2005 Page 14 14. 15. 16. 17. 18. 19. 20. 21. 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. The Port Angeles School District has been notified of the development to allow them to plan for needed public school facilities and routes. The Port Angeles School District provides school bus pick-up for students at Hamilton Elementary School and Stevens Middle School at 12th and "N" Streets. 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 less than 1/4 mile east of the subject site along "N" Street. The nearest public playground area is located approximately three-quarters of a mile north (Crown Park) or one mile southeast (Lincoln Park). 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. The City's State Environmental Policy Act (SEPA) Official issued a Determination of Nonsignificance for the preliminary subdivision on January 10, 2005, therefore satisfying the City's responsibility under the Act. 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 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. 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. Property owners within 300 feet of the proposed subdivision were mailed notice of the proposal on December 22, 2004. The property was posted on December 22, 2004, and publication appeared in the Peninsula Daily News on December 19, 2004. No written comments have been received. Planning Commission Minutes January 26, 2005 Page 15 Conclusions: As conditioned, the proposed short plat is consistent with the Port Angeles Comprehensive Plan and Zoning Code. As conditioned, the proposal is consistent with the Port Angeles Subdivision Ordinance, Chapter 16.08 PANIC, and Chapter 58.17 RCW of the Washington State Subdivision Act 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. As conditioned, if minimum suburban street standards are used, 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 on-street parking could prevent ease of passage for emergency vehicles and sight distance safety issues. 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. The motion was seconded by Commissioner Gruver and passed 5 -0. pORTA_NGELES WASHINGTON, U.S.A. COMMUNITY DEVELOPMENT STAFF REPORT TO: FROM: DATE: Planning Commission Scott K. Johns, Associate Planner January 26, 2005 APPLICANT: OWNER: LOCATION: PROPOSAL: Preliminary Subdivision - North Peninsula Home Builders North Peninsula Home Builders North Peninsula Home Builders Between 10th Street and 12th Street, approximately 800 feet west of"N" Street Development ofa 5 acre site located in the RS-9 Residential Single Family zone into 18 residential building sites RECOMMENDATION: The Department recommends that the Planning Commission forward a recommendation of approval of the preliminary 18-unit subdivision with 11 conditions, 20 findings, and 5 conclusions identified in Attachment "A" to this report. PROPERTY CHARACTERISTICS: The property is described as being the West ½ of Suburban Lot 55 within the Townsite of Port Angeles located to the south of West 10th Street approximately 900 feet west of"N" Street and extends south to West 12th Street. The 5 acre site is rectangular in configuration with its long dimension generally north to south. The site is zoned RS-9 Residential Single Family. The site is slightly rolling with a maximum slope of approximately 6%. The site generally slopes downward from the south toward the north. No stormwater facilities exist in the l0th Street right-of-way on the north side of the property. Trees have been previously removed, and the site is vegetated with grasses and herbaceous plants. Some scattered large trees do remain near the west boundary of the site and young evergreens have sprouted across the entire site. The site contains no previously identified wetlands or other critical areas. A site visit on January 11, 2005, revealed no wetland indicators or other environmentally sensitive areas. 94 North Peninsula Home Builders Subdivision January 26, 2005 Page 2 Areas surrounding the site are developed in compliance with the underlying zones. The area directly south of the site is developed with single family residences in the Samara Woods Subdivision. The site to the west is developed with one single family residence and is partially wooded with scattered trees. The site to the east is also developed with one single family residence on a large wooded parcel. The area to the north is undeveloped but has received preliminary subdivision approval. The surrounding general area is similar in nature, being a mixture of undeveloped parcels, single family residences on large parcels, or subdivisions with single family residential development in compliance with the underlying RS-9 zoning. A ten acre parcel at the comer of West l0th and "N" Street is owned by the City and designated as a future park site. The Port of Port Angeles' Fairchild International Airport operation is located less than one mile south of the subject site, south of 18th Street. A cleating, grading, and drainage plan must be prepared to address existing drainage concerns and to ensure that no net increase in drainage runoff rates will occur as a result of development of the site. The site will naturally drain towards the north and west along West 10t~ Street. The preliminary drawings show underground detention pipes located on the north end of the site near West l0th Street. The site is served by West l0th and West 12th Streets from "N" Street. Access can also be obtained from 12th Street from "O" Street located to the west of the site. "N" Street is an arterial street and is a school walking route. West l0th Street is a collector arterial. Neither West l0th or West 12th Streets are fully improved adjacent to the site. Tenth Street is improved to approximately 17 feet wide, and is located in a 70-foot right-of-way, and 12th Street is improved to approximately 20 feet wide with curb and gutter on the south side of the right-of-way and is located in an existing 30-foot fight-of-way. The 12th Street right-of-way width has been previously established at 60 feet. DEPARTMENTAL REVIEW: The Fire Department reviewed the proposed subdivision and had the following comments. 1. This new subdivision is outside of the Port Angeles Fire Department 4 minute response area. PAMC 18.08.110 states: "Each single family residence and duplex outside the four minute response time shall be equipped with a residential sprinkler system." If the 20 foot wide streets are used, both sides of the interior street must be posted with "No Parking" signs. Light Division At the developer's request and after the application has been finalized, Light engineering will prepare a design and cost estimate for the installation of primary electrical facilities. The Public Works and Utilities Department had no concerns with the proposed division but will require: 1. Dedication of right-of-way on 12th Street (30-foot minimum). 2. Sanitary sewer, water and storm drainage issues to be addressed at submittal of specific utility plans. 95 North Peninsula Home Builders Subdivision January 26, 2005 Page 3 4. 5. 6. 7. Water and sanitary sewer utility connections available in l0th and 12th Streets. Storm drainage detention and flow direct to be reviewed when plans submitted. Road improvements per low impact development standards. A cleating and grading permit is required. Driveway culverts when installed will be restricted to 30' in length. Installation of 4' walking path within subdivision shall be to City's low impact development standards. The Buildine Department commented that any private covenants more restrictive than Zoning Code, Development Regulations, or International Residential Building Code shall not be enfomed by the City. The Parks and Recreation Division noted that no new parks are planned for the area or within the subdivision. Lincoln Park and the Clallam County Fairgrounds are located over one mile south of the subject propertywith Crown Park, a small neighborhood park, located east of"N" Street and Fourth Street, less than one mile north of the subject site. A City owned parcel located less than 500 feet fi.om the subject site at l0th and "N" Streets has been identified as a potential future park site. The Port Angeles School District was sent a copy of the subdivision proposal and commented that the proposal will have no negative effect on local area schools as the school population at present is below capacity. PUBLIC COMMENT: Property owners within 300 feet of the proposed subdivision were mailed notice of the proposal on December 22, 2004. The property was posted on December 22, 2004, and publication appeared in the Peninsula Daily News on December 19, 2004. No written comments have been received to date. COMPREHENSIVE PLAN: The site is located in the City's Northwest Planning Area which covers the western edge of town lying beyond Tumwater Creek and north of the airport. This Planning Area is comprised largely of a mix of older homes transitioning to newer homes farther to the west. There is a commercial area serving the residents along C Street. A pocket ofindustriaFcommercial activities are located along the Tumwater Track Route/Highway 101 junction. This area of town has limited access because of the Tumwater Creek ravine and the marine bluffs. All streets west of"M" Street terminate with no outlet to the west of the City limits. The area also has the largest segment of undeveloped residential land within the current City limits. The Comprehensive Plan establishes the long range goals and policies of the City. It is the basis upon which City officials are to make land use decisions. Any project proposed in the City must be consistent with the goals and policies of the Comprehensive Plan. The following goals and policies appear to be the most relevant to the proposal: North Peninsula Home Builders Subdivision January 26, 2005 Page 4 Designation: Low Density Residential (LDR) Low Density Residential allows an overall residential density of a project to range up to 7 units per acre and is intended to be for the development of single family homes. The following goals, policies and objectives have been identified as being the most relevant to the proposed subdivision: iV. 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. V. LAND USE ELEMENT 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 A.2: All land use decisions and approvals made by the City Council and/or any of its appointed Commissions, Boards or Committees should be consistent with the Comprehensive Plan and its land use map. Goal B: 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. Policy B.I: Urban services shall be available for all residential areas as required by the Capital Facilities Element concurrency policy. Policy B.2: Single family lots should be of reasonable shape and should have access provided by an alley or by a local access street or a collector arterial. Policy B.3: All residential developments should be designed with the provisions of fire protection and service vehicle access as key factors in the street design and circulation pattern. For efficient circulation, fights-of-way should be obtained and improvements made to further the grid street pattern of the City. Cul-de-sacs may be permitted when designed as an integral part of the major grid street pattern of the City. Policy B.4: All residential developments should be encouraged to preserve and capitalize on existing unusual, unique, and interesting natural features, should preserve and utilize natural vegetation, should utilize and preserve scenic views, should maximize southern exposures, should offer protection from prevailing winds, and should be designed to minimize energy use. Policy B.5. For efficient circulation, fights-of-way should be obtained and improvements made to further the grid street pattern in the central Townsite area of the City. Cul-de-sacs and curvilinear streets may be permitted when designed as an integral part of the major grid street pattern in the outlying areas of the City, where low impact development standards may apply. Norlh Peninsula Home Builders Subdivision January 26, 2005 Page 5 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. VI. TRANSPORTATION ELEMENT Goal A: To develop a coordinated, multi-modal transportation system which serves all areas of the city and all types of users in a safe, economical, and efficient manner. Policy A.3: The collector arterial streets and local access streets should serve primarily local traffic with special emphasis on safety for pedestrian traffic. Policy A.6: Planning for transportation services and facilities (including public streets, bikeways, pedestrian walkways, and public and private air, marine and land transit services and facilities) shall be performed consistent with the goals and policies of the Capital Facilities Element. Policy B.10: The City should complete the arterial circulation system for westside development. Policy B.11: New arterial streets, local access streets, and alleys should be designed and constructed to conform to the Statewide National Functional Classification System for Federal Aid Systems, WSDOT, and Transportation Improvement Board minimum design standards and standards as adopted by the City. Policy B.14: Off-street parking should be sufficient and accessible within business and residential areas to ensure that the traffic flow of the street is not impaired. Policy B.18: Police and fire protection should be a key factor in residential subdivision street designs and circulation patterns VII. UTILITIES AND PUBLIC SERVICES ELEMENT Policy A.1. Public facilities should be equitably distributed across the City's planning areas including designated Urban Growth Areas. Policy A.2. Public facilities should contain provisions for citizens with disabilities and should be constructed according to accepted standards. Policy C.2: All new utility services should be underground. X. CAPITAL FACILITIES ELEMENT Goal A: To provide and maintain safe and financially feasible urban services and capital facilities at or above stated levels of service to all City residents and the general public. Goal B: To provide urban streets and utilities at minimum levels of service for all city residents and the general public. North Peninsula Home Builders Subdivision January 26, 2005 Page 6 Policy B.i: All arterial streets shall function at an average daily level of service of D or better. Policy B.3: The City shall not approve any development that is not served with water service at or greater than the following level of service standards at the time of development: Single family units: 2 gallons per minute ~ 30 psi ( fire - 1,000 gallons per minute @ 20 psi). Policy B.4: The City shall not approve any development that is not served with sewer service at or greater than a level of service standard of 300 gallons per day per person at the time of development. Policy B.5: The City shall not approve any development that is not served with electrical service at or greater than a level of service standard of 120/220 volts per service at the time of development. Policy B.6: The City should not approve any development that increases a site's post- development stormwater m-off beyond that allowed by the Stormwater Management Manual for the Puget Sound Basin as adopted by the City. Policy B.7: The City should not approve any development that cannot be served with telecommunications service at or greater than the following level of service standards at the time of development: telephone, residential: 1 service per unit / cable television, residential: 1 service per unit. Goal C: To provide urban services at minimum levels of service for all city residents and the general public. Policy C.2: The City should not approve any development that will not be served with adequate transit service as determined in the comprehensive service and facilities plan for transportation within six years from the time of development. Policy C.3: The City should not approve any development that will not be served at or greater than a city-wide level of service standard of 9 acres of parks per 1,000 population within six years from the time of development. Policy C.4: The City should not approve any development that will not be served at or less than the following level of service standards at the time of development: Police: 677 persons per one officer. Fire: 4 minute response time or residential sprinkler system installation. Policy C.5: The City should not approve any development that will not he served with solid waste collection service at or less than a city-wide level of service standard of 400 pick up accounts per 1000 population within six years from the time of development. Policy C.7: The City should consider the cumulative effect of development on the City's need for adequate public service buildings. North Peninsula Home Builders Subdivision January 26, 2005 Page 7 ENVIRONMENTAL REVIEW: A Determination of Non-Significance was issued for the proposal on January 10, 2005, which satisfies the City's responsibility under the State Environmental Policy Act (SEPA). ZONING: The Zoning Ordinance is the pr/mary implementing ordinance for the Comprehensive Plan. It establishes what types of uses are permitted and where they may be located in the City. It also establishes minimum design standards for such uses. Like the Comprehensive Plan, any project proposed in the City must be consistent with the regulations of the zone in which it is located. The Zoning Map identifies the site as Residential Single Family (RS-9). The purpose and intent of this zone is as follows: "This 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 also 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 zoneprovides 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 andprivate 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 The minimum lot area is 9,000 square feet. All lots shall comply with the minimum area and dimensional requirements as follows: Front: Interior Side: Maximum Height: Lot Coverage: 25 feet 25 feet, except 10 feet for detached accessory buildings in the rear one-third of the lot. 8 feet, except 3 feet for detached accessorybuildings in the rear 30 feet 30% SUBDIVISION ORDINANCE (No. 1631 as amended): The City's Subdivision Ordinance (No. 1631), codified as Chapter 16.08 of the Port Angeles Municipal Code, has been reviewed with respect to the proposal. Although the entire ordinance has not been cited, the following development standards and policies have been found to be applicable: 16.08.060 - Standards and Policies. A. GENERAL STANDARDS. If a proposed street and/or lot pattern for any zone in Port Angeles has been made by the Council or the Commission, the street layout of any new plat submi'aed shall 1 O0 North Peninsula Home Builders Subdivision January 26, 2005 Page 8 be in general conformance to said pattern or plan. Otherwise proposed streets in new subdivisions shall conform to the Comprehensive Plan and Urban Setwices Ordinance as adopted. No plan for the platting, replatting, subdivision, or dedication of any area shall be recommended for approval by the Commission unless streets shown therein are connected by surfaced road to an existing improved public right-of-way adequate to serve the existing and new lots. Where the Comprehensive Plan or the City's official street plan indicates the necessity ora new right- of-way of a required width or portion thereof for street purposes, whether within a new plat or new subdivision, or along the boundaries of a new plat, new subdivision or new lot, such required right-of-way or portion thereof shall be dedicated to the City of Port Angeles by the filing of a plat. The Planning Commission may require plats to provide areas for parks, playgrounds, open spaces, recreation facilities, schools, school grounds, safe walking conditions on school routes, transit stops, and drainage ways. Each proposed subdivision and the ultimate use of the land therein shall be in the interests of public health, safety and welfare, and subdividers shall be prepared to present evidence to this effect when requested by the Commission. Restrictive covenants not contrary to existing regulations regarding the use of land, governing and binding all future owners of lots or tracts, may be shown on any plat. No Final plat of land within the force and effect of existing Zoning Regulations shall be approved unless it is conforming with such Regulations. Whenever there is a discrepancy between minimum standards or dimensions noted herein and those contained in Zoning Regulations, Building Codes, or other official Regulations, the highest standard shall apply. B. GENERAL PRINCIPLES, POLICIES. The Commission shall ensure that appropriate provision is made for: (I) the harmonious development of neighborhoods by requiring coordination of streets within subdivisions with existing or planned streets, or with other elements of the Comprehensive Plan; (2) adequate open spaces for recreation, schools, light and air; (3) distribution of population and traffic which will create conditions favorable to public health, safety and convenience. C. STREETS. 1. The arrangement, ctiaracter, extent, width, grade and location of all streets shall conform with the Comprehensive Plan, the Capital Facilities Plan, the Urban Services Ordinance, and the Urban Services Standards and Guidelines, and shall be considered in their relation to existing and planned roads, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such roads. 2. Where such is not shown on the Comprehensive Plan, the arrangement of streets in a subdivision shall either provide for the continuation or appropriate projection of existing streets in the surrounding area; or shall conform to a street plan for the neighborhood, approved by the City, to meet a particular situation where topographic or other conditions make continuance or conformance to existing streets impracticable. This shall also apply to cluster subdivisions. 3. Ifa street plan for an area has been made by the City, the street layout ora proposed subdivision in such an area shall be in general conformance to the plan. 4. When a portion ora subdivider's tract is to be subdivided, a street plan for the entire tract shall be submitted to indicate how the street pattern of the plat submitted will coordinate with the entire tract when fully platted and with streets in the surrounding area. 5. Where a tract is subdivided into lots or tracts larger in area than twice the minimum lot size, the City may require an arrangement of lots and streets such as to permit a later re-subdivision in conformity with the street and lot requirements specified in these Regulations. 6. Where a proposed subdivision abuts or contains an existing or proposed arterial street of is adjacent to an existing or planned business, commercial or industrial district, the City may require treatment as may be necessary (1) for the adequate protection of residential properties; and (2) to afford separation of through and local traffic. 101 North Peninsula Home Builders Subdivision January 26, 2005 Page 9 7. Where a subdivision borders or contains a railroad or limited access highway right- of-way, the City may require a road approximately parallel to and on each side of such right-of-way at a distance suitable for appropriate use of the intervening land. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. 8. Streets shall be laid out so as to intersect as nearly as possible at right angles. Acute angle intersection shall be avoided. 9. There shall be no reserve strips controlling access to roads, except where the control of such strips is definitely placed with the City under conditions approved by the Commission. 10. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school shall be provided pursuant to RCW 58.17.060 and 58.17.110. E. LOTS. 1. The lot area, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision, for the type of development and land use contemplated, and for the type of street systems planned for the area, and shall conform with the requirements of the Zoning Ordinance. 2. Excessive depth in relation to width shall be avoided. No lot shall have a depth greater than three times its width. 3. Comer lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets. 4. To ensure public health, convenience and safety, the subdividing of land shall provide, by means of a public street, each lot with direct access to an existing public street that is improved to City street standards. 5. Double frontage and reverse frontage lots shall be avoided, except where essential to provide separation of residential development from arterial streets or to overcome specific disadvantages of topography and orientation. A planting screen easement across wh/ch there shall be no right of access shall be provided along the line of lots abutting such a principal arterial street or disadvantageous use. 6. Side lot lines shall be substantially at right angles or radial to street lines and front lot lines. 7. No lot or lots for residential purposes shall be divided or sold into additional lots or building sites, without compliance with Title 16 PAMC. F. STREETSCAPE IMPROVEMENTS. 1. Street Trees. Street trees shall be planted within a planting strip in the right-of-way of arterial streets. Street trees are a protection against excessive heat and glare and enhance the attractiveness and value of abutting property, and reduce the amount of stormwater runoff. The City will assist the subdivider in location of trees and species to use under varying conditions. S. SIGNAGE One ( 1 ) free standing sign no larger than twenty-four (24) square feet in area shall be permitted for identification of the subdivision. COMMUNITY DEVELOPMENT DEPARTMENTAL ANALYSIS: The proposed preliminary subdivision sketch includes a single through street entering the site from both West l0th Street and West 12th Street. All proposed lots within the subdivision are a minimum of 9,000 square feet in area. The subdivision is proposed to be developed in three separate phases. The first phase will include lots 1 - 3 and 16 - 18, the second phase will include lots 4 - 6 and 13 -15, and the third phase will include lots 7 - 9 and 10 - 12. The individual lots will be developed through the Future Home Builders program at one lot per year. The through street is as yet unnamed. The RS-9 zone purpose is to provide a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family 102 North Peninsula Home Builders Subdivision January 26, 2005 Page 10 homes on larger than standard Townsite-size lots. The zone provides for a variety in the urban land use pattern for the City's single family residential neighborhoods following a curvilinear street system ofnonthrough 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. The interior street is proposed as a straight, through street, and not a curvilinear cul-de-sac. This street could be the only street between l0th and 12th Streets west of"N" Street. All the lots are a minimum of 9,000 square feet in area, and have the required 75 foot frontage. West 12th Street is not an arterial street, adopted bicycle route, or school walking route and will require improvement to a minimum width of 20 feet. The south one-half of West Twelfth Street was previously improved between "N" Street and "O" Street during development of the adjacent subdivision. The applicant is required to improve West 12th Street along the entire frontage of the subject site with appropriate tapers to match the existing roadway. Dedication of 30 feet of right-of- way along the south side of the proposed subdivision is required to continue the previously established 60-foot right-of-way for 12th Street. The right-of-way for l0th Street is currently 70-feet in width and no further dedication of right-of-wayis required. The applicant is required to improve 10'h Street to low impact development arterial standards, a 24-foot width with a 4-foot walking path, along the entire frontage of the subject site and extend the improvement to the nearest fully improved road, "N" Street. The City's Urban Services and Standards Guidelines states that street trees shall be planted on arterial streets and provides direction as to the types of trees and spacing. Street trees will be required on the collector arterial l0th Street but not on the non-arterial 12th Street. City staff is available to recommend appropriate varieties and spacing for street trees. The internal street shall be constructed to at least low impact development standards, including a 4-foot walking path. Clallam Transit busses travel along "N" Street between 10th Street and 18th Street. The Port Angeles School District provides school bus pick-up for students at Hamilton Elementary School and Stevens Middle School at 12th and "N" Streets. The Revised Code o fWashington 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. The preliminary submittal has been reviewed with respect to subdivision standards required in RCW 58.17.110. The site is served by City water, sewer, telecommunication, police, fire, and garbage services. Although no new parks are proposed for the subdivision, a property donated to the City for park purposes which has not as yet been developed as a park is located less than a 1/4 mile to the east at l0th and "N" Streets. The City's largest park, Lincoln Park, is located along with public ballfields and the Clallam County Fairgrounds, approximately one mile south of the site. Lincoln Park playground is more than a mile away along heavily used arterial streets. Hamilton 103 North Peninsula Home Builders Subdivision January 26, 2005 Page ] 1 Elementary School and its playgrounds are approximately one-half mile to the east, while Shane Park is over a mile away to the east and both destinations also require travel along heavily used arterial streets. With conditions regarding improvement to local and interior access streets, utilities, and a requirement for the submittal and approval of drainage plans, the pubhc interest and safety is served. Attachments: "A" Findings and Conclusions "B" Application 1 04 North Peninsula Home Builders Subdivision January 26, 2005 Page 12 ATTACHMENT "A" Conditions, findings, and conclusions in support of the North Peninsula Home Builders Subdivision Conditions: The subdivision may be built in three phases with the first phase being Lots 1, 2, 3, 16, 17, and 18, the second phase being Lots 4, 5, 6, 13, 14, and 15, and the third phase being Lots 7, 8, 9, 10, 11, and 12. Stormwater detention ponds will be created and utilized for each phase with final stormwater improvements installed with the final phase. Cul-de-sacs shall be constructed for emergency turn around at the north end of each phase as development of the interior street will be completed with each phase. The interior street shall be designed, named, dedicated, and constructed per the City's suburban service standards, which includes at minimum 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. If interior streets are built to suburban low impact development standards, and are less than 36 feet in total width, signage shall be placed on the interior street indicating that on-street parking is prohibited along both sides of the streets. Thirty (30') feet of right-of-way shall be dedicated along the West 12t~ Street frontage of the property a distance of approximately 230'. Ten (10') foot of asphalt must be placed north of the platted centerline along the property width of West 12th Street with shoulder, ditch, and pedestrian walking path per the City's suburban road standards. Improvement to "lq" Street is not required due to a lack of right-of-way east of the site 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. 6. Utility service to the subdivision shall be underground. Prior to final plat approval, an 8 inch water service shall be extended to the lots as required by the Public Works and Utilities Department. Stormwater improvement plans shall be submitted for approval per the City's Urban Services Standards and Guidelines and installed prior to final plat approval. Sanitary sewer shall be extended to the new lots as required by the Public Works Department from either West Tenth Street or West Twelfth Street. 10. Building setback areas shall be identified on the final plat and address numbers provided by the City's Building Division shall b~ p6~n the lots. No~h Peninsula Home Builders Subdivision January26,2005 Page 13 ll. The final plat shall indicate that the William R. Fairchild International Airport is located in the vicinity and that ongoing airport operations exist. Findings: Preliminary approval is for the 18-unit subdivision submitted by Zenovic and Associates on January 26, 2005, for North Peninsula home Builders, identified as being the West ½ of Suburban Lot 55 within the Townsite of Port Angeles and located 900 feet west of"N" Street between West l0th Street and West 12th Street. The site is approximately 5 acres in size and is rectangular in configuration. The subject property is identified by the Port Angeles Zoning Map as Single Family Residential (RS-9) which allows a density of up to 7 units per acre. The proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000 square feet in area. 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. The Port Angeles Public Works, Light, Parks, and Fire Departments reviewed the proposed short plat. Their comments and specific conditions have been incorporated in the Department's recommendation. Water, power, garbage pickup, telecommunications, sewer, and emergency services are available within acceptable standards to the site or will be extended through conditions to the preliminary plat. The subject property is identified as Low Density Residential (LDR) on the Port Angeles Comprehensive Plan land use map and is located in the City's Northwest Planning Region. 1 O6 North Peninsula Home Builders Subdivision January 26, 2005 Page 14 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. 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 ofnonthrough public and private streets with irregularly shaped lots, minimum 75-foot front lot lines, and 60-foot fights-of-way for collector arterial streets in large rectangular blocks and usually located in outlying areas with large tracts of vacant buildable land The site is currently served by West Tenth Street and West Twelfth Street, from "N" Street. None of the access streets are fully improved. "N" Street is a collector arterial and a designated school walking route but is not a designated bicycle route. The City's Urban Services and Guidelines Standards (Section 3 G. 100 Street Trees and Landscaping) states that street trees shall be planted on arterial streets in the City and in other specified areas. Right- of-way dedication and improvement for a ditch and pedestrian walking path are required along the site's southern frontage of 30 feet for the continued development of West Twelfth Street. 10. The City's low impact development standards for suburban areas were adopted in 2003 with the restriction 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. 11. 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 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 107 North Peninsula Home Builders Subdivision January 26, 2005 Page 15 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 fight-of-way, their proposed locations and species to be used are to be submitted for review and approval by the City. 12. There are no environmentally sensitive areas on the site. The site slopes to the northwest. The site is not considered a frequently flooded area and is not listed on the Federal Emergency Management Act (FEMA) maps which denote those areas that are within 100- year flood areas. 13. The owner of a construction site which disturbs a total of five acres or more of land area that has a discharge of stormwater to a surface water or storm sewer system must apply to the State Department of Ecology for a General Permit for Stormwater Discharge Associated with Construction Activities. 14. 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. 15. The Port Angeles School District has been notified of the development to allow them to plan for needed public school facilities and routes. The Port Angeles School District provides school bus pick-up for students at Hamilton Elementary School and Stevens Middle School at 12th and "N" Streets. 16. 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 less than 1/4 mile east of the subject site along "N" Street. The nearest public playground area is located approximately three-quarters of a mile north (Crown Park) or one mile southeast (Lincoln Park). 17. 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. 18. The City's State Environmental Policy Act (SEPA) Official issued a Determination of Nonsignificance for the preliminary subdivision on January 10, 2005, therefore satisfying the City's responsibility under the Act. 19. The William R. Fairchild International Airport is located south of the site. Port of Port Angeles staffhas been notified of the proposed subdivision proposal and per agreement with 1 08 North Peninsula Home Builders Subdivision January 26, 2005 Page 16 the Port, it is expected that those who purchase properties in the final subdivision will be aware of the existing on-going airport operation. 20. The Planning Commission's decision is a recommendation to the City Council. The Commission acts as the City's hearing body for preliminary subdivision approval. Reports are advisory only to ensure conformance of the proposed subdivision to the general purposes of the City's Comprehensive Plan and to planning standards and specifications adopted by the City. 21. Property owners within 300 feet of the proposed subdivision were mailed notice of the proposal on December 22, 2004. The property was posted on December 22, 2004, and publication appeared in the Peninsula Daily News on December 19, 2004. No written comments have been received. Conclusions: A. As conditioned, the proposed short plat is consistent with the Port Angeles Comprehensive Plan and Zoning Code. B. As conditioned, the proposal is consistent with the Port Angeles Subdivision Ordinance, Chapter 16.08 PAMC, and Chapter 58.17 RCW of the Washington State Subdivision Act C. As conditioned, appropriate provisions have been made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. D. As conditioned, if minimum suburban street standards are used, signage educating residen!s and visitors as to the prohibition of on-street parking will ensure that interior streets remain passable for public safety situations where on-street parking could prevent ease of passage for emergency vehicles and sight distance safety issues. E. 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. T:~SUBkhome builders sub.wpd I O9 North Peninsula Home Builders Subdivision / kOJ /% LOT / TO EXIST. M.H, Or COMPLE~O), ×LOT g2~O phaSe 2 Phas% LO,'T 8 LOT LOT, 1 112 !l %L~. 113 114 CITY OF PORT ANGELES SUBDMSION APPLICATION FOR O/=FICE USE: APPLICATION PH.#: A4g&~~ I~ 0 ,tODP, E$$: ~ q ~. PROPERTY OWNER (If other than PROPERTY INFORMATION: Property address: ~*,4- I0'~--'- '=~4'. General location: Legaldescripfion: ~0.~O-t- ~-- ~, Prope~ zoos: ~ --~ E~st~g site are~: U - ~. Proposed site ~e~: I~ l~ ~ q~/ Acreage ~: Streem I,I ~-- P~ks Me.od of proving: Potable Water: S~eets se~hgalte: ~. 1~ %~.' ~ ~. I~~ ~. -r A Other non-residential land uses Sewer: ~.4N l (wE) H~R_EBY CERTIFY that I (we) am (are) the owner(s) of the above-described property and request that the proposed subdivision be approved. It is understood that wSful misrepresentation of the information will terminate fl~e appliga~on. Signed ' *~J~ ~ / ~ I (WE) HEREBY CERTIFY that I (we) am (are) the applicant(s) of the above-described property and request that the proposed subdivision be approved. Ir is understood that wilful misrepresentation will term/mate the application. Signed Signed:_ 116 ' \¢ \ f m I Parcel Lookup Page 1 of i - Parcel Number 0630001055100000 Site Address: 2322 W TENTH ST PA Taxpayer: DENNIS O POTTER ET AL 2907 S LAUREL ST PORT ANGELES, WA 98362-6910 Title Owner: DENNIS O POTTER ET AL 2907 S LAUREL ST PORT ANGELES, WA 96362-6910 Description: WSA SUBLOT 55 SURVEY V30 P13 Value Summary: Note: Listed values do not reflect adjustments made for exemption programs such as Senior/Disabled or Current Use programs (except Commercial Forestland properties). Land Value: 65,000 Improvements Value: 0 Total Assessed Value: 65,000 Property Characteristics: Note: Use Code is for Assessor's purposes only. Contact the appropriate planning or building departments for Zoning and allowable usage of property., Use Code: 9100 UNDEVEL LAND Land Size (acreage): 5,00 Note: Acreage is not listed for all properties in the Assessor's records. More information about land size, Tax Status: Taxable Tax Code Area:: 0010 Zoning Code: RS9 Note: Zoning and zoning codes change constantly. Verify all zoning with the appropriate planning or building department. Building Characteristics: (Click on Bldg. #for more details.) j]~ Bldg. Tyoe Bldo. Style Total S.F. BD BA Tax History Sales History 118 WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: TO: FROM: SUBJECT: FEBRUARY '15, 2005 C~v Co~Jr~c~. MlCI'IAEL QUINN, CITY ~NAGER ~ WUGA INTER-LOCAL ON ANNEXATION ~ This Inter-Local Agreement with the County satisfies the County's concerns regarding the proposed annexation south of Highway. 101 in the Western Urban Growth Area (WUGA). The purpose of this agreement is. t.o satisfy c.ondi.tio,,ns of __.a~ _e_.x,_at!_onn ~s.u~;p.,O~s;siT~a~e the County and to facilitate an orderly translt~on o~ services to me resm~m~ m,u o,~, .... located there. The added benefit of the agreement is that the County would support the annexation md not invoke jurisdiction for the Boundary Review Board. ' lecommendation:. Adopt the attached agreement. Back~ round/Anal · sis: On January 4*, the City Council accepted a 10% petition request from the property owners. This was the initial start of the process toward annexation which involved the establishment of certain conditions such as appropriate boundaries, assumption c~fexisting debt, and our willingness to accept the petition method of annexation. While we are currently still in the process of property owners evaluating their interests in annexation and circulating a petition requesting at least 60% assessed value approval; the City did take the step in notifying the Comaty of our Notice of Intentiun on January 7~. The significance of the date is that affected agencies and individuals have 45 days from the notice to file their request for jurisdiction by the Boundary Review Board. This agreement was intended to avoid that issue by reaching consensus with the County. This agreement essentially addresses the issues originally brought forth by the County in their letter to the Mayor on January 18*. I have attached a copy of this for your reference, and will proceed with highlighting the document based upon the agreement and its compatibility to this letter. 1. Inclusiun of SR101- The sectionofhighwaybetweenPine Street Cut-OffandD°yleR°ad was taken care of by boundary line adjustment action at your February 1*t meeting. The rem~under of the SR101 right-of-way is included in the annexation proposal. 2. The City has proposed a $4M utility extension project to deliver servaces to the majority of property owners in the affected area that desire upgrade. Those customers not desiring a change in service will not be forced to hook-up, and we have committed to providing necessary services or arranging for the continuation of such services with their current provider. 3. Future annexations north of SR101 will progress westerly in an organized fashion and progression. We agree that the actual boundaries may be adjusted in the future, but the westerly G:~dASTFO~OUNCIL.VvT~T progression will remain constant. 4. The current addressing for residents and businesses will remain the same and not be forced to change. This is consistent with a MOU signed in October, 1992 that essentially adopted the City's address grid in the UGA and avoided conflict for addressing and emergency services response. 5. The City will continue to coordinate with other affected jurisdictions concerning the provision of utilities and other services. To this end we are meeting with the PUD, Fire District #2, and Dry Creek Water Association. We remain optimistic that such agreements can be reached either now or even shortly after any invocation of jurisdiction to the Boundary Review Board. The above agreement is fairly simple and straight forward with no adverse obstacles proposed by the County. While we initially talked about application of a revenue-sharing agreement in the WUGA, the sales tax at this time is small, and we did not want to delay our ability to proceed with the rest of the agreement. This will remain on the table for future consideration, but is not a part of this agreement. We reference it somewhat in the addendum section where we reserve the right to add this at a future date. This agreement is viewed as a major support docUment for the annexation whether it eventually goes to Boundary Review Board or not. Your approval is recommended. G:hMASTFORM~OUNCIL,WPT Inter-local Agreement between Clallam County and the City of Port Angeles Concerning Annexation within the City's Western Urban Growth Area This Agreement, made pursuant to Chapter 39.34 RCW, is between CLALLAM COUNTY (hereinafter, the County), a political subdivision of the State of Washington, and the cl-rY OF PORT ANGELES, (hereinafter, the City), municipal subdivisions of the State of Washington. WHEREAS, the City has proposed annexation of an area in the Port Angeles West Urban Growth Area (WUGA) including the right of way for SR10Z and all property south of SR101 from the current west city limits to the western boundary of the WUGA; and WHEREAS, the County and City both intend to address issues of concern that provide for orderly annexation of the WUGA. Those concerns include future annexation boundaries, transition of services, addressing, and provision of utilities; and WHEREAS, the County and City desire to continue working together to reach agreement on other cooperative management issues within the WUGA; NOW, THEREFORE, in consideration' of the mutual covenants, terms and conditions contained herein, the parUes agree as follows: 1. Future Annexations. The City agrees that any future annexations of the WUGA will be according to the boundaries depicted and in the order depicted in Attachment A. Upon agreement of both the City and County, the City may utilize alternative annexation boundaries. Future annexations in the WUGA shall include all public roadways along the annexation border. 2. Utilities. The City agrees to develop a phased plan for the construction and implementation of City utilities to the annexed area. Phase one, depicted in Attachment B, will be completed within the next 12 months. 3. Addressing. The City and County agree to maintain the current addressing for any area annexed, pursuant to an existing agreement dated 15 October 1992 between the City and County. 4. Coordinated Development. The County and City will continue to address coordinated development within the WUGA, including mutual agreement on standards for infrastructure and capital improvement funding. 5. Boundary Review. The County agrees that, upon execution of this agreement, it will not oppose the proposed annexation of property within the WUGA on and south of SR101 or invite the Boundary Review Board to invoke jurisdiction. 6. Duration. This Agreement will remain in effect until the terms of the Agreement are fulfilled. There are no other terms agreed to by the parties. 7. Filing. When fully executed, this Agreement shall be filed with the Clallam County Auditor. J:~public~018 Projects\D18.91 Eclipse Annexation\West UGA agmemenLdoc Revised: 2/11/2005 9:45 AM 8. Notices. Any notices required by this Agreement shall be delivered, or mailed postage prepaid, and addressed to: Clerk of the Board Clallam County Commissioners 223 E. 4~ Street, Suite 4 Port Angeles, WA 98362 City Manager City of Port Angeles 321 E. 5~ Street Port Angeles, WA 98362 9. Administration. Each party shall administer the Agreement as to its own responsibilities under the Agreement. 10. Addendums. Both parties have identified other topics related to management of the City's designated WUGA where the development of management principles may best serve the parties and their citizens. Both parties intend to continue discussions, and may reach agreements on other revenue and management topics. Addendums may be added to this agreement with the same force and effect, and subject to the same terms and conditions as contained within this Agreement. 11. Waiver. Failure by the County or City to enforce any term or condition of this Agreement shall not be construed to constitute a waiver of any other term or condition, or of any subsequent breach of any provision of this Agreement. 17.. Entire Agreement, This Agreement includes the entire Agreement of the parties with respect to any matter addressed in this Agreement. 1:3. Amendment. This Agreement may be amended only upon the written agreement of the parties made with the same formalities as those required for its original execution. 14, County-wide Planning Policy. To the extent that anything in this Agreement may be found to be inconsistent with any part of the adopted Clallam County-wide Planning Policies, the County and City will review the applicable parts of the County-wide Planning Policy and revise them in accordance with this Agreement as part of the City/County update of their respective Comprehensive Plans. ]:~oublic\D18 Projects\D18.91 Edipse Annexa§on\West UGA agreement.doc Revised: 2/11/2005 9:45 AM 15, Disputes. Disputes over interpretation of this agreement that are un-resolvable between the parties shall be referred to the Clallam County Superior Court. Effective Date. This Agreement shall take effect upon execution by both parties. TN W1TNESS WHEREOF, the parties have caused this Agreement to be executed this day of ,2005. CTI'Y OF PORT ANGELES BOARD OF COUNTY COMMISSIONERS Clallam County, Washington Richard Headrick, Mayor Michael C. Chapman, Chair A~ ~ST: A~ i~ST: Becky Upton, City Clerk APPROVED AS TO FORM: Trish Perrott, Clerk of the Board APPROVED AS TO FORM: William Bloor City Attorney Chris Nelly Deputy Prosecuting Attomey ]:~oublic\D18 Projecls\D18.91 Eclipse Annexation\West UGA agreement.doc Revised: 2/11/2005 9:45 AM ATTACHMENT A AT TACM!MENT B S~EPHEN.Oo THAP~NGER~ Oistdct 1 MICHAEL Co CHAPMANx Oistr/ct 2~ Chair HOWARD V. DOHERTY, ~r., Di~tdct $ File: D18.91 Board of Clallam County Commissioners 223 East 4m Street, Suite 4 Port Angeles, WA 98362-3015 360.417.2233 Fax: 360.417.2493 E-mail: commlssioners~co.dallam.wa.us Dan Enge/l~rl~onz County Adm/n/M:rator 18 3anuary2005 Hayor Richard Headrick City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 RE: Proposed Annexation in West UGA The County is in receipt of the City's Notice of Intention to annex the area on, and south of, SR101 in the urban growth area west of Port Angeles. I have had the opportunity to meet with several city officials including Hike Quinn to discuss the proposal. I also attended a meeUng between city officials and property owners in the ama. If the City is committed to providing uUIity services to the area and property owners favor the annexation, Clallam County is generally supportive of annexation to provide those services and foster economic growth. The proposal is, however, an annexation of almost enUrely commercially zoned property, fronting on SR101, with existing businesses on a number of the parcels. Annexation of these businesses will have a negative impact on both county sales tax revenue and road tax revenues. Based on conversations with Hike Quinn, I believe we can avoid the need to review this proposal and agree on issues of concern to both the city and county. It is critical that we meet and come to agreement within the time period allowed for review by the Boundary Review Board. In order to meet their deadlines, we should have agreement on or before 22 February. The county would like to see the following issues addressed as part of this annexation proposal: 1. The current annexation proposal should include SRI01 right of way from the annexaUon's western boundary to the existing city limits, 2. The City has stated publicly and to properly owners in the proposed annexation area that the mason for annexation is to provide electric, sewer, and water to the area, including immediate provision of those services to the eclipse industrial park. The City should confirm the feasibility of installing urban utilities, including city sewer, water, and electric, and develop a 3:~public\D18 Projects\D18.91 Eclipse Annexation\County Position-l.doc timeline and financing plan. The City should agree that any decision to annex the area includes immediate construction of electric, sewer, and water to the industrial park and a capital facilities plan to provide those services in the future to other areas annexed. 3. Agreement that future annexations of the west UGA will be phased as depicted on the attached map. Annexations would be in the order depicted. Any deviaUon of either area or order would be approved by the County. Future annexations will include roadways on the border of the annexation. ~,. Agreement that the City will honor our existing agreement to retain the current addressing in the area annexed. 5. We have notified Clallam County PUD, Clallam County Fire District 2, and the Dry Creek Water Association that the City has filed a notice of intent. We anticipate you will reach agreement with each of those agencies regarding transition of infrastructure and/or services. [ndividual Commissioners continue to be contacted by citizens and businesses both inside and outside the area of the current proposal. They have questions about the proposal, the intent of the City, future annexations, and the County's position. We would encourage the ab/to fadlitate and host a public meeting with the County and other public service providers where dtizens could ask questions of any of us. We would like to meet on these and other topics the City may want to discuss on this matter, as soon as possible so that we can reach an agreement by 22 February. We look forward to working together to meet the needs of our citizens on this matter. C Sincerely, Dan Engelbertson County Administrator Cc: Mike Ouinn, City Manager Steve Gray, Planning Manager C .l:~public~D 18 Projects'~D 18.91 Eclipse Annexafion~County Pos/tion- ! .doc rimmediate construction of electric, sewer, and water to the industrial park and a capital facilities plan to provide those services in the future to other areas annexed. 3. Agreement that future annexations of the west UGA will be phased as depicted on the attached map. Annexations would be in the order depicted. Any deviation of either area or order wou(c[ Oe a~Drovec[ by ~e CountY, future annexat~bns wtT( (nc[uc[e mac[ways on ~e border of the annexation. 4. Agreement that the City will honor our existing agreement to retain the current addressing in the area annexed. 5. We have notified Clallam County PUD, Clallam County Fire District 2, and the Dry Creek Water Association that the City has filed a notice of intent. We anticipate you will reach agreement with each of those agencies regarding transition of infrastructure and/or services. Individual Commissioners continue to.be contacted by citizens and businesses both inside and outside the area of the current proposal. They have questions about the proposal, the intent of the City, future annexations, and the County's position. We would encourage the City to facilitate and host a public meeUng with the County and other public service providers where citizens could ask questions of any of us. We would like to meet on these and other topics the City may want to discuss on this matter, as soon as possible so that we can reach an agreement by 22 February. We look forward to working together to meet the needs of our citizens on this matter. Sincer~ly~ ~~n ~n~elbertso~ County Administrator Cc; Hike quinn, City Manager Steve Gray, Planning Manager J:~ublic'~D 18 Projects'~D 18.91 Eclipse Annexation\County Position-l.doc 3 pORT/ NGELES W A S H I N G T O N, U.S.A. C~TY COUNCIL MEMO DATE: TO: FROM: SUBJECT: Febmary 15, 2005 CITY COUNCIL Becky J. Upton, City Clerk/Management Assistant Appointments to Planning Commission Summary: As of April 1, 2005, there will be six (6) vacancies on the Planning Commission. The Council will have completed the interview process involving fifteen (15) applicants, and it would be appropriate to proceed to appointment. Recommendation: It is recommended that the City Council appoint six (6) individuals to the Planning Commission and, further, to specify the positions to which the appointments are ibein§ made. Background / An alysis': Commission: The City Council interviewed the following applicants for the Planning Ruth Hoham Edward Zoble Kevin Snyder Michael "Doc" Reiss John Matthews John Gilmore Peter Ripley Donald Schuba Elizabeth "Betsy" Wharton David Johnson Candace Kalish Eric Neurath Cherie Kidd P.c:: Tt~rtqlV ~ The vacant positions are as follows: One position for unexpired term ending February 28, 2006 [position vacated by Bob Philpott] Two positions for unexpired terms ending February 28, 2007 [positions vacated by Charles Schramm and Fredrick Norton] Two positions for unexpired terms ending February 29, 2008 [positions vacated by Dylan Honnold and Linda Nutter] One position for the term, March 1, 2005 - February 28, 2009 [position vacated by Fredric Hewins] 119 WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: TO: FROM: SUBJECT: February 15, 2005 CITY COUNCIL SUE ROBERDS, ASSISTANT PLANNER Rezone Application - REZ 04-02 LaRue - 1400 Block West Eighth Street Su mmar~: The proposal is to rezone 5 Townsite lots (35,000 square feet) from RS-7 Residential Single Family to RHD Residential High Density. Recommendation: The Department of Economic and Community Development recommends that the City Council concur with the recommendation of the Planning Commission by adoption the attached ordinance rezoning the subject property to RHD citing the Planning Commission's findings and conclusions in support of that action. Background / Analysis: On October 21, 2004, the City received an application for the rezone of property designated High Density Residential (HDR) on the City's Comprehensive Plan Land Use Map from RS-7 Residential Single Family to RItD Residential High Density. The property is located at the northeast comer of"H" and West Eighth Streets one block west of Shane Park and across the street (north) from Park View Villas. Following notification to the neighborhood of the proposed rezone, several comments were received from property owners who did not favor change in the neighborhood which could be caused by the proposed rezone. The Planning Commission reviewed the proposed rezone during a public meeting, and no public testimony was taken for the record. The letters of comment are included in the attached staff report as part of the written record for the Council's review, and it is anticipated that there will be public testimony during the scheduled February 15th public hearing. To briefly summarize staff's review, the subject property meets all of the policy criteria necessary for a rezone consistent with the City's HDR Comprehensive Plan Land Use Map designation. While the neighborhood may not have been unaware of the potential change, an argument that the Comprehensive Plan Land Use Map designation was in error is not valid. A challenge to that decision was not made. The possibility of a rezone has been a matter of record for some seven years. After successfully applying for Comprehensive Plan redesignation of the property, the fact that the property owner did not request a rezone earlier does not support the conclusion that the decision was incorrect but only that it was simply not requested by the property owner until the present time. Circumstances in the area have not changed since the Comprehensive Plan land use designation was approved to indicate that a less dense designation should be 121 Ci~ CouncilMemorandum -La Rue REZ 04-02 February l5, 2005 Page 2 considered; in fact, the lack of vacant buildable multiple family zoned property in the City only serves to support the proposed rezone. The most relevant Comprehensive Plan policy criteria include location on a bus route, on an arterial street, and near a large public playfield/park. Comprehensive Plan Residential Policies C.I., 2, 3, 4, Land Use Map Policies A. 1, and 2, Housing Policies A.I and 5, Capital Facilities Policies A.2, C.2 and 3, and Economic Development Policy B.5 support the proposal. Staff's report, an excerpt of the Commission's minutes, the written letter received as a result of the posting for Council's public hearing, and those initially submitted for the Commission's public meeting are included in this memorandum for your consideration. Staff will be available for questions at your meeting if needed. Sue Roberts, ~s~tant Planner Attachments: Ordinance, findings and conclusions Public comment letters 1/26/05 Planning Commission Minutes 1/26/05 Staff Report and attachments 122 February 10, 2005 City of Port Angeles Department of Community Development city Hall P.O. Box 1150 Port Angeles, WA 98362 CiTY OF PORT ^NGELES Re: Rezone of Lots 11-15, Block 245, Townsite of Port Angeles. To Whom It May Concern, We previously sent 2 letters dated November 22, 2004 and January 18, 2005 opposing this rezone, tn both letters, we have cited inconsistencies in the Public Notice process used for this rezone. To date we still have not seen a staff report that talks about this as an RHD rezone. Both copies of the staff report, the latest we received on 1-20-2005 are dated 12-8-2004 and discuss the rezone as RMD rezone. During the January 26~, 2005 Plannhag CommLssion meeting only one member recognized that this rezone request did not meet the criteria required for the approval of rezones, which are consistent with the Comprehensive Plan. As stated in said report, "a rezone proposal is not considered to be a spot zone if it meets the following three tests. 1.) The parcel of land has not been singled out for a special and privileged treatment; 2.) The singling out is not in the public interest but only for the benefit of the land owner; and 3.) The action is in accordance with the Comprehensive Plan." It is obvious that this rezone does not meet these criteria since this parcel is clearly being singled out for a special and privileged treatment, which is not in the public's best interest and is solely for the financial benefit of the landowner. According to the staff report, the subject property was designated on the Comprehensive Plan Land Use Map as Residential High Density 0KIDD) in 1998. I have no recollection of receiving any public notices at that time concerning this change. We suspect that the posting of and mailings of the public notice did not reach the neighbors in the correct maimer at that time, similar to what occurred during this rezone request. I fmd it curios that the landowner that had the Comprehensive Plan Land Use Map changed in 1998 is the same landowner requesting the rezone today, and only on his land. How is this not a special privilege for the benefit of the landowner? As noted above the staff report is riddled with inconsistencies. Was the actual staff report prepared considering the rezone from RS7 to RIvlD or RI-ID? Was the planning commission aware of this before they made their reconmnendatinn for approval? 1~ our previous letters opposing this rezone, we stated that we do not believe the added density would be conducive to the neighborhood and will badly increase already existing drainage problems in this area. We are still opposed to this rezone for the same reasons. We do not believe this property is large enough to be developed at the densities allowed in a RI-ID zone since the site would have to contain all off-street parking for up lo 30 cars, drainage would have to be contained on site and metered into the existing drainage system which already is over capacity in the immediate area We are also requesting a copy of the decision once it is made. Sincerely, Ellen Wengler 1414 West Seventh Street ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, rezoning five lots from RS-7 to RHD. WHEREAS, the Plauning Commission of the City of Port Angeles has considered the rezoning of the 5 lots described below and has recorded its recommendation to the City Council in the Planning Commission minutes of January 26, 2005; and WHEREAS, the requirements of the State Environmental Policy Act (Chapter 43.21C RCW) have been met; and WHEREAS, the City Council, after conducting a public hearing, considering the Planning Commission's recommendation, and entering its own findings and conclusions, hereby finds that there have been changes in circumstances since the current zoning designations were adopted and that said rezone is in the best interest of the City and its citizens and is consistent with the Comprehensive Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. The Official Zoning Map, Ordinance 2801 as amended, is hereby amended to change the zoning of the following described property from RS-7 (Residential, Single Family (7,000 square feet)) to RHD (Residential, High Density): Lots 11 - 15, Block 245, Townsite of Port Angeles. Section 2. The City Clerk is hereby directed to attach a copy of this Ordinance to the Official Zoning Map and to file certified copies with the Clallam County Auditor and Clallam County Assessor. -1- 123 Section 3 - Effective Date. This Ordinance shall take effect five days following the date of its publication by summary. Section 4 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, shall not be affected. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of ,2005. MAYOR ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: ,2005 By Summary 1242. FINDINGS AND CONCLUSIONS IN SUPPORT OF LARUE REZONE - REZ 04-02: Findings: On October 21, 2004, executor of the LaRue family trust, Bill La Rue, submitted an application for the rezone of Lots 11 - 15, Block 245, Townsite of Port Angeles, from RS-7, Residential Single Family, to RI-ID, Residential High Density. The site is located in the 1400 Block of West Eighth Street, at the northeast comer of the intersection of West Eighth/ "H" Streets. The undeveloped subject site is comprised of five standard 50' x 140' Townsite lots for a total of 35,000 square feet. The purpose of the RHD zone (PAMC 17.15) is as follows: "This is a high density residentialzoneformulti-familyresidentialstructures. Compatibleusesmaybeallowedon Conditional Use Permits but the zone is still regarded as a residential area, and commercial enterprises are not generally felt to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses." Surrounding adjacent zoning includes Residential High Density (RHD) and Community Shopping District (CSD) to the south, Residential Single Family (RS-7) to the west, north, and east, and Public Buildings and Parks (PBP) one block east of the site. Developed properties in the area are consistent with underlying zoning designations (single family and commercial). Undeveloped property in the area includes the subject property, property south and east of the site which is zoned RI-ID, and property zoned CSD in the block south and west of the site. At ultimate build out, the 5 subject lots could result in the development ora maximum 38.56 units. Residential development in the CSD zone may develop to RHD standards. The existing RS-7 zone allows a maximum density o f 9 residential units per acre with a potential for an accessory residential unit or a duplex. A rezone proposal cannot be considered a spot zone if it meets the following tests: 1) the parcel of land has not been singled out for special and privileged treatment; 2) the singling out is in the public interest and not only for the benefit of the land owner; and 3) the action is in accordance with the Comprehensive Plan. The Comprehensive Plan Land Use Map designates the site as High Density Residential (HDR). Properties adjacent to the subject property are designated Commercial (C), High Density Residential (HDR), and Low Density Residential (LDR) on the Comprehensive Plan and Land Use Map. The Comprehensive Plan was reviewed in its entirety with respect to the proposal. The following elements, goals, and policies were found to be relevant to the proposal: Growth Management Element Goal A, and Policy A. and A.l.a; Land Use Map Goal and Policies Goal A, Policy A.2; Land Use Element Residential Goals and Policies Goal B, Policies B. 1, 3, and 4, Goal C, and Policy C.1, 2, 3, and 4. 125 Findings and Conclusions - REZ 04-02 Page 2 10. 11. 12. The City's inventory of land zoned Residential High Density (RHD) is approximately 127 acres with only 12 acres undeveloped. A downzone is currently being proposed of approximately 34 acres of the property zoned RMD to Residential Single Family in the City for environmental reasons. The proposed rezone would replace less than one acre of the area-wide downzoned multiple unit property. The State of Washington Growth Management Act (GMA) of 1992 encourages the development of urban properties to specific densities. Mandates to provide an adequate supply of low density, medium density, and high density residential properties were established under the GMA with specific standards as to where such areas should be located. Criteria for locating medium and high density residential uses along arterial streets where public transportation is normally available; the provision of public utilities including water, power, stormwater, sewer, trash pickup, and communication services; public recreational and educational uses located nearby; and the ratio of inventory of multiple residential land available for development are some of those standards. The SEPA Responsible Official adopted a previously issued Determination of Non- Significance (DNS) for the proposal on December 2, 2004. The DNS adopted was originally issued for the 1998 Comprehensive Plan Land Use Map change for the property from Low Density Residential to High Density Residential. The originally noticed written public comment period for the Planning Commission meeting ran from November 15 to November 29, 2004. Mailing labels were provided by the applicant. Due to the lack ora quorum on December 8, 2004, the Planning Commission was unable to review the proposal. A new notice was posted on Janumy 5, 2005, on the property and in the Peninsula Daily News with a comment period that expired on January 21, 2005. Surrounding property owners were notified that the request was for high density residential zoning. No new comments were received as a result of the additional notice provided to property owners. 13. 14. 15. Seven letters of written comment objecting to the proposed rezone were originally received from property owners residing north of the subject site in the single family residential zoned area. The residents objected to the proposed rezone citing traffic, drainage, view, and property value issues. Those letters were included in staffs continued review of the proposal. Future development of the subject propertywill include engineered drainage and stormwater design. Drainage and stormwater concerns will not be required of the property owner, or any of the existing property owners in the area without future development. Development in an area is the impetus for needed infrastructure improvements.,~ The City Planning Commission reviewed the ~ s~b.~o~ during a public meeting conducted on January 26, 2005. The City Council considered the ~ s~btli~/,~a~ during a public heating conducted on February 15, 2005, and continued action to March 1,~05. ~4x~/ Findings and Conclusions - REZ 04-02 Page 3 Conclusions: The site was designated High Density Residential on the City's Comprehensive Plan Land Use Map in 1998 after public review of a potential change from (LDR) low density single family to high density residential (HDR). The proposal is therefore consistent with the Comprehensive Plan Land Use Map. The proposed rezone would allow for the development and infill of undeveloped property consistent with the Growth Management Act's requirement that economic development be consistent with the adopted Comprehensive Plan that encourages growth in areas within the capacity of the region's public services and facilities. The Comprehensive Plan residential land use element goals and policies encourage medium and high density housing in residential zones consistent with available public utility and recreation services. Residential land should be developed on the distxict and neighborhood concept. Single family and multi- family homes, parks, schools, churches, day care and residential services, and district shopping areas are all legitimate components of district development and enhancement. The site, located adjacent to high density and commercially zoned property on a City arterial street, can provide a logical transition between land uses that will not adversely impact the existing development in the area. The rezone is in the public interest and is compatible with the surrounding zoning and land uses and will allow development of the site to a higher density that has been identified as desired for the area by the City through its Comprehensive Plan Land Use Map designation. The proposal will minimally add to the City's inventory of RHD zoned land for development. There is not an excessive inventory of high density land available land for development in the City. Development of multi family properties must be done as required by the City of Port Angeles Stormwater Quality Management Plan with other site improvements as required following approval of an engineered site design. Adopted by the Port Angeles City Council at its meeting of March 1, 2005. Richard A. Headrick, Mayor Becky J. Upton, City Clerk 127 Monday, November 29, 2004 City Planning Department City of Port Angeles 321 E. 5m St. Port Angeles, WA CITY OF PORT ANGELES Dept. of Community Development To whom it may concern: Points/Ideas to be emphasized for support of increased density for north side, 1400 block of W. 8t~ St., Port Angeles, WA . ' he sub 'ect's neighborhood is already same as being sought bv applicant. Zoning tn t ~J o · ~ . (Western portion of 1300 block, all of 1400 block of south s~de of W. 8. St. ~s RI:ID.) Property is above grade, drainage for project not a concern for developer. Located on cross town route----route for The Bus, emergency vehicles fastest route, including medical emergencies Current property owners have lengthy experience at this location of elevated traffic volume. It shall always be the main cross to:am route as its major function. Located on frontage with all City services present and available: most important is readily available hook up to both sewer and storm sewer (to collect run off from roofs and impervious service off-street parking associated with multi-family development): In addition, there is equal amount of frontage along City's paved alley way, providing optimum ingress/egress opportunities, as Well as all along City street bordering on the west boundary. Size necessary to assure sufficient economies of scale for attractive development package. This is one of the extremely rare sites undeveloped to date that is available to accommodate multi-family investment, tota!ing 35,000 square feet. 250 feet of south facing frontage is better used as a higher density site, as opposed to accommodating a fraction of the number of residents currently allowed. Desirable marine view from toP level of building, This a "close by" location to a major assisted living facility, providing superb opportunity for out-of-town renters to be able to find hoUSing opportunity close by loved ones living in Park View Villa facility. Multi-family density has existed for more than a dozen years on south side of same street. IfI can be of service to anyone reviewing these comments, I am available at 460-!409~ which is my personal cell phone. Automatic voice mail allows easy delivery of messages. I will happily respond should there be questions, comments, or suggestions directed towards this letter of support for the application requesting.a rezone to ItRD. Thank you for considering these comments. Respectfully, . Bill La Rue Personal Representative of La Rue Family Living Trust 129 January 18, 2005 City of Port Angeles Department of Community Development City Hall P.O. Box 1150 Port Angeles, WA 98362 CITY OF PORT ANGELES Dept. of Community Development Re: Rezone of Lots 11-15, Block 245, Townsite of Port Angeles. To Whom It May Concern, We find it very interesting that the Public Notice mailed to us for the above-mentioned rezone states that "Port Angeles Planning Commission was unable to conduct a public meeting on the proposal at the scheduled December 8, 2004, meeting due to a lack of a quorum." I signed in for the meeting but was turned away because the original public notice was for a rezone to RMD, Residential Medium Density and the applicant requested a rezone to RHD, Residential High Density. I was told the meeting concerning the rezone was canceled for this reason, NOT due to a lack ora quorum. We previously sent a letter on 11-22-2004 opposing this rezone because we do not believe that the added density would be conducive to the neighborhood and will badly increase already existing drainage problems in this area. We are opposed to this rezone for the same reasons. The previous announcement would have allowed 10 units on the subject property. This rezone would allow at least 20 units on the same property. Although the comprehensive plan appears to allow the RMD zoning, I just cannot see how it will allow for the requested RHD zoning. There is currently only RS-7 zoning within this block. We are also requesting a copy of the decision once it is made and to be notified as to the date of the hearing before the City Council. Sincerely, James Wengler Ellen Wengler 1414 West Seventh Street 130 November22,2004 City of Port Angeles Department of Community Development City Hall P.O. Box 1150 Port Angeles, WA 98362 Re: Rezone of Lots 11-15, Block 245, Townsite of Port Angeles. To Whom It May Concern, First, we would like to say that we are appalled at how short a time Period we have been given to respond to this proposal. We received a copy of the Public Notice in the mail on 11-18-2004 and was shocked to find that our written comments were initially due to be Submitted no later than 11-19-2004 to become part of the Public Record, less than 1 day of response time. We have since become aware that more than one of our neighbors did not receive their Public Notice at all or received it on 11-20-2004; two days after written comments were due. On 11-20-2004, we received a letter stating written comment was being extended to 11-29-2004, which constitutes only 4 business days in which to do any research into this matter. And as of yet not all of our neighbors have received this extension notice. we feel that due to the fact that this has been mishandled from the beginning, that so many oftbe people concerned have not received one of the other or both of the letters and that the property itself ian't posted correctly that the decision ~o hold this meeting on December 8n would be irresponsible and should be postponed until proper procedure has been followed. At this time, we would like it on the record that we Oppose the rezoning of this property from its current zoning of RS-7 to the proposed RMD, We do not believe that the added density is conducive to the neighborhood and will badly increase an already existing drainage problem in this area. We are also requesting a copy of the decision once it is made and to be notifie,0, as to the date of the hearing before the City Council. Sincerely, Ellen Wengler 1414 West Seventh Street 131 From: Lloyd & Jan-Ruegg 1425 West 7 th st. Port Angeles, Wa. 98363 "uI NOV 2s 2o- CITY OF PORTANGELES Dept. of Community DeveJopmer~t ~ Responding to the re-zoning at 8th & H. We are adding to a letter we sent in earlier this month. Reasons not to re-zone for medium density, Lot 11- 15, Block 245 TPA.. During the summer at Shane Park the Traffic is so much, with all the sports that go on here. Adding to that would be a mess for the people living in this area not counting on 8th street...down at 8th and C st. it is already a congested area, very scary .It really needs a stop light. If only 10 apts were tObe built there that would mean at least 15 more cars on that comer maybe even more most have 2 cars per household. This whOle area is built over an under ground creek, and we all have a bad drainage problem .I live in a house that was the first to be here 59 years ago, and the rest has all been filled dirt to build on and unfortunately we have delt with water problems fry 20 years_after Anderson homes filled in next to us,3 feet higher .... anyway from 6th st. to 8th st. we get floods all during the winter months .... Please do not approve to change the zoning PLEASE leave as a single dwelling .... thank you very much. Talking to most of the neighbors agree to the bad change that would come to our neighborhood... The environmental impact with this type of zoning would be to hmmful to this area. Sincerely 132 /To the Port Angeles planning commission, This applicant Bi!l LaRue of lots 11-15, block245 townsite of Port Angeles, 1400West eight street, willgreatly inpact us. We do not want these five townsite lots changed to residential medium density. Also why did we receive this letter on the 18 of November, and our letter was to be mailed by the 19 of November? Sure not a lot of time to respond. This is a very quite area, this would put a lot of noise in the neighborhood, also we are build on peat moss, our flooding is arcady bad. Ever since they dug out across from us, and made parkview villas retirement community, one side of our house has been sinking. You can look.in our alley and see this also has been going on there also. We do not need all the added traffic this would bring. We already have enough traffic from shane park, when they have games,also the retirement community, also traffic when the fairs going. We fell this would be very bad for our area and decrease the value of our property for selling. We would like to be mailed anything concering this application. On the townsites in question are several old madrona trees, that are at least one hundred to two hundred years old. We would hate to see them destroyed. Thank you, , LNOV 2 <J 2004 Cl¥¥ OF PORT ^NGELE$ Demot. of Commun{{y 133 Sue Roberds - Re: Public Notice for W From: To.' Date: Subject: <ashleyblew@aol.com> <Sreberds@cityofpa.us> 11/28/04 7:59PM Re: Public Notice for W 8th Street Sue, Thank you for the information. Let me know if I need to put the following in a separate e-mail or printed by itself. With Shane Park and Hamilton School within walking distance of the property at 8th/H I realize this property is ideal for additional family living quarters. This is an area of single family homes with the exceotion of Park View Villa, a duplex close to "1" on 7th Street and one on 8th Street, The two duplexes are on oversized lots (not having actually measured, I think, two for 8th Street, I 1/2 on 7th). There doesn't appear to be space for five duplexes on this property without giving the appearance of being "stacked" one on top of the other. Four or five single family residences most likely would not create adverse traffic problems but I don't believe there would be ample parking space for multifamily units. Five duplexes could conceivably create 20 additional cars (10 units x 2 cars per unit = 20) in the space of 1/2 block of property. It also would not contribute much to the are~ other than a lot of concrete and asphalt where presently some very nice trees are living. If the rezone is granted (I'm not naive enough to think it won't be) it would be nice if something could be added so the larger trees are kept ano incorporated with whatever the developer has in mind for the property. In closing, I know we can't dictate what a develooer wants to do or gets to do with his/her property but single family residences would be more in keeping with the atmosphere of this neighborhood. I'd rather see four single family homes on it than several multifamily units. The lots would be a bit bigger and purchasers would probably appreciate having more space. Sincerely, Lynne PS: Presently some deer take uo residence for a bit of time each day there too. 134 November22, 2004 TO: Department of Community Development ~[ N0V 2 3 200~ J CITY OF PORT ANGELES Dept. of C_.orn._m.~n.l!y._D.~v.e.!,o. p. ~e.[!~ .. RE: La Rue Rezone Proposal Dear Sue Roberds, The rezoning request for high density residential is unacceptable for this location. The three largest concerns would be traffic, drainage flooding, and noise. We presently have more alley traffic than we need and adding another forty plus vehicles is way too muCh. We accept the traffic from Shane Park because the park serVes the neighborhood and is done by ten p.m.. Our area is a flooding zone. We are built on an old river bed and drainage is a problem; Indiviual lots have restrictions on lot coverage so that drainage is · manageable. A high density residential project would severely compromise the area drainage. The noise problem with 8th street would be increased with grading and building location on the existing lots. My wife and I respectfully request that the rezone request be denied as this project and the density request do not belong on these lots. Thank you. 98363 sincerely, ....... ~e~ Christine Mouret 1428 West 7th, Port Angeles, Wa., 135 Lloyd & Jan Ruegg 1425 West 7th st. Port Angeles, Wa. 98363 Responding to ..... CiO of Port Angeles Determination of Completeness &' Meeting ~v.. 18, 2.004 Dept. of Community Developmen~ This is in response to a letter we received today, Nov. 18, 2004 .It said we had to have a response to this rezoning on the property at 8th and H st by Nov. 19th...well not even one day is not very fair to do this .I, Jan have lived here for over 16 years and before that my Parents lived here for 20.They now live next door to us so we can care for them ,they are in their 80s. We strongly object to having an Apt. building on the property in question....this is a family neighborhood, Shane Park is at the end of the block, kids come and go all the time. To change this more than a single dwelling zone would ruin this whole area....PLEASE don't do this to us .leave this a single dwelling area. The Park Villa assisted living is a quiet place and I am sure it would not do good for them either..right across the street ..That's awful. We don't have many places in this town that is fit for families this is one of them ,I raised my 3 boysinthe 70's inthe 1400 blk. Ofll th street .Thatis why I am stilI here. I just recently married Lloyd Ruegg and that is the reason we are staying here instead of where he lived., he sold his house so we could stay here. Again I can not express enough how scared ~ve are to think this might happen...PLEASE take this in consideration. Sinceraly, [was Jan Schroeder} [now] Lloyd & Jan Ruegg 136 January 28, 2005 To Whom it May Concern, This is concerning the Rezone of Lots 11-15, Block 245, Townsite of Port Angeles. I oppose the changing of the RS-7 zoning to high-density zoning. The same person in 1998 had the Comprehensive Plan Land Use Map changed to allow for this higher density. This zoning amendment does not meet the criteria as specified in PAMC 17.96.100 Cl & C2. The houses around here are built on swampland and most need sump pumps to pump out the excess water from their foundation. The drainage system does not accommodate the amount of runoff we have now, more people more problems. The city has to put up signs for flooding when we get a good rain. The neighborhood is residential with a couple of duplexes on the north side of 8th St. This will change the character of our neighborhood, lower property values and is not acceptable to me. We have a good neighborhood and I think this will affect it negatively. Apartments are not the kind of neighborhood I would choose to live in, nor would potential buyers. The traffic in the alley is already high considering we live by a park. Please don't let the quality of our homes and life be decreased to put more money in someone's pocket. Sincerely, Trina Cook 1418 W 7th Port Angeles, WA 98363 137 Planning Commission Minutes January 26, 2005 Page 2 PUBLIC MEETINGS: REZONE PROPOSAL - REZ 04-02 - LaRUE: 1400 Block West Eighth Street: Proposal to rezone approximately 35,000 square feet from RS-9 Residential Single Family to RHD Residential High Density. Assistant Planner Sue Roberds presented the Department's report and responded to questions from the Commission regarding the timing of the Comprehensive Plan Land Use Map designation for the property and any subsequent actions or changes in the area since that decision. Ms. Roberds responded that there have been no apparent changes in development in the area since the 1998 redesignation. In response to a question raised by the Commission in reference to a letter from a neighbor regarding stormwater runoff in the area at the present time, Associate Planner Scott Johns responded that stormwater runoff from ultimate site development cannot exceed pre construction quantity or velocity. While resulting site development will not be allowed to negatively impact existing site development in the area, problems that currently exist are not the responsibility of the subject property owner. Existing conditions may be improved by eventual site drainage control. Planner Roberds pointed out that as the site is below the City's one acre threshold, the City's clearing and grading application process will not apply, however, any development in the City must observe specific development standards relative to stormwater control and site development. Jim Mahlum, Civil Engineer for the City of Port Angeles Public Works and Utilities Department agreed. Commissioner Rasmussen noted, in response to a comment by Commissioner Graver, that under the RMD Residential Medium Density zone, 30 units per acre is the maximum density where in the RHD Residential High Density, 38.56 units per acre is permitted, and in the RS7 Residential Single Family zone, the maximum density is 10 units per acre. Commissioner Rasmussen believed that the Eighth Street corridor establishes a natural boundary line and that no residential high density housing should be allowed north of the corridor in this area. Commissioner Graver responded that, in his opinion, the more logical boundary would be the 7/8 and the 8/9 Alleys not Eighth Street because uses each side of Eighth Street would and should act as buffers from the excess traffic activity associated with a main traffic corridor. A mix of residential uses along such a corridor would then be consistent with the vision established in the Comprehensive Plan Land Use Map for the area. There being no further discussion, Commissioner Gruver moved to recommend that the City Council approve the rezone as proposed citing the following findings and conclusions: Findings: On October 21, 2004, executor of the LaRue family trust, Bill La Rue, submitted an application for the rezone of Lots 11 - 15, Block 245, Townsite of Port Angeles, from RS-7, Residential Single Family, to RHD, Residential High Density. The site is located in the 1400 Block of West Eighth Street, at the northeast comer of the intersection of West Eighth/ "H" Streets. 139 Planning Commission Minutes January 26, 2005 Page 3 The undeveloped subject site is comprised of five standard 50'x 140' Townsite lots for a total of 35,000 square feet. The purpose of the RHD zone (PAMC 17.15) is as follows: "This is a high density residentialzoneformulti-familyresidentialstructures. Compatibleusesmaybeallowedon Conditional Use Permits but the zone is still regarded as a residential area, and commercial enterprises are not generally felt to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses." Surrounding adjacent zoning includes Residential High Density (RHD) and Community Shopping District (CSD) to the south, Residential Single Family (RS-7) to the west, north, and east, and Public Buildings and Parks (PBP) one block east of the site. Developed properties in the area are consistent with underlying zoning designations (single family and commercial). Undeveloped propertyin the areaincludes the subject property, property south and east of the site which is zoned RHD, and property zoned CSD in the block south and west of the site. At ultimate build out, the 5 subject lots could result in the development of a maximum 38.56 units. Residential development in the CSD zone may develop to RHD standards. The existing RS-7 zone allows a maximum density of 9 residential units per acre with a potential for an accessory residential unit or a duplex. A rezone proposal cannot be considered a spot zone if it meets the following tests: 1)the parcel of land has not been singled out for special and privileged treatment; 2) the singling out is in the public interest and not only for the benefit of the land owner; and 3) the action is in accordance with the Comprehensive Plan. The Comprehensive Plan Land Use Map designates the site as High Density Residential (HDR). Properties adjacent to the subject property are designated Commercial (C), High Density Residential (HDR), and Low Density Residential (LDR) on the Comprehensive Plan and Land Use Map. The Comprehensive Plan was reviewed in its entirety with respect to the proposal. The following elements, goals, and policies were found to be relevant to the proposal: Growth Management Element Goal A, and Policy A. and A. 1 .a; Land Use Map Goal and Policies Goal A, Policy A.2; Land Use Element Residential Goals and Policies Goal B, Policies B.1, 3, and 4, Goal C, and Policy C.1, 2, 3, and 4. The City's inventory of land zoned Residential High Density (RHD) is approximately 127 acres with only 12 acres undeveloped. A downzone is currently being proposed of approximately 34 acres of the property zoned RMD to Residential Single Family in the City for environmental reasons. The proposed rezone would replace less than one acre of the area-wide downzoned multiple unit property. 1 4O Planning Commission Minutes January 26, 2005 Page 4 10. The State of Washington Growth Management Act (GMA) of 1992 encourages the development of urban properties to specific densities. Mandates to provide an adequate supply of low density, medium density, and high density residential properties were established under the GMA with specific standards as to where such areas should be located. Criteria for locating medium and high density residential uses along arterial streets where public transportation is normally available; the provision of public utilities including water, power, stormwater, sewer, trash pickup, and communication services; public recreational and educational uses located nearby; and the ratio of inventory of multiple residential land available for development are some of those standards. 11. The SEPA Responsible Official adopted a previously issued Determination of Non- Significance (DNS) for the proposal on December 2, 2004. The DNS adopted was originally issued for the 1998 Comprehensive Plan Land Use Map change for the property from Low Density Residential to High Density Residential. 12. The originally noticed written public comment period for the Planning Commission meeting ran from November 15 to November 29, 2004. Mailing labels were provided by the applicant. Due to the lack ora quorum on December 8, 2004, the Planning Commission was unable to review the proposal. A new notice was posted on January 5, 2005, on the property and in the Peninsula Daily News with a comment period that expired on January 21, 2005. Surrounding property owners were notified that the request was for high density residential zoning. No new comments were received as a result of the additional notice provided to property owners. 13. Seven letters of written comment objecting to the proposed rezone were originally received from property owners residing north of the subject site in the single family residential zoned area. The residents objected to the proposed rezone citing traffic, drainage, view, and property value issues. Those letters were included in staffs continued review of the proposal. 14. Future development of the subject property will include engineered drainage and stormwater design. Drainage and stormwater concerns will not be required of the property owner, or any of the existing property owners in the area without future development. Development in an area is the impetus for needed infrastructure improvements. Conclusions: The site was designated High Density Residential on the City's Comprehensive Plan Land Use Map in 1998 after public review ora potential change from (LDR) low density single family to high density residential (HDR). The proposal is therefore consistent with the Comprehensive Plan Land Use Map. The proposed rezone would allow for the development and infill of undeveloped property consistent with the Growth Management Act's requirement that economic development be consistent with the adopted Comprehensive Plan that encourages growth in areas within the 141 Planning Commission Minutes January 26, 2005 Page 5 capacity of the region's public services and facilities. The Comprehensive Plan residential land use element goals and policies encourage medium and high density housing in residential zones consistent with available public utility and recreation services. Residential land should be developed on the district and neighborhood concept. Single family and multi- family homes, parks, schools, churches, day care and residential services, and district shopping areas are all legitimate components of district development and enhancement. The site, located adjacent to high density and commercially zoned property on a City arterial street, can provide a logical transition between land uses that will not adversely impact the existing development in the area. The rezone is in the public interest and is compatible with the surrounding zoning and land uses and will allow development of the site to a higher density that has been identified as desired for the area by the City through its Comprehensive Plan Land Use Map designation. The proposal will minimally add to the City's inventory of RI-ID zoned land for development. There is not an excessive inventory of high density land available land for development in the City. Development o fmulti family properties must be done as required by the City of Port Angeles Stormwater Quality Management Plan with other site improvements as required following approval of an engineered site design. The motion was seconded by Commissioner Souders and passed 4 - 1 with Commissioner Rasmussen voting in the negative. Commissioner Rasmussen noted that as the Comprehensive Plan Land Use Map change had been applied for by the applicant, and now the rezone appears to be beneficial only to the applicant, he could not vote in favor of the proposal. 142 p_ 0RTANGELES WASHINGTON, U.S.A. FILE DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT DATE: TO: FROM: January 26, 2005 Plarming Commissioners Sue Roberds, Assistant Planner APPLICANT: OWNER: LOCATION: REQUEST: REZ 04-02 Bill LaRue LaRue Family Trust 1400 Block West Eighth Street The proposal is to rezone five lots fi.om Residential Single Family (RS-7) to Residential High Density (RH]3). RECOMMENDATION The Department of Community Development Planning Division recommends that the Planning Commission forward a recommendation for approval of rezone application REZ 04-02 to the City Council, citing the 13 findings and 5 conclusions included in Attachment A. .PROPOSAL The applicant is requesting a rezone from Residential Single Family (RS-7) to Residential High Density (RI3I)). The subject property is legally described as Lots 11-15, Block 245, Townsite of Port Angeles. The subject site is located in the 1400 Block of West Eighth Street. Lots are undeveloped and are each a standard 50' by 140' in size for a total of 35,000 square feet in area. Justification for rezone is that the proposal would be consistent with other uses in the area and is located close to a City park and main traffic and transit route. STAFF ANALYSIS The application is for a rezone which addresses all potential land uses allowed within the RHD zone and approval of subsequent development that meets the standards of the zone. The subject property is located at the northeast coruer of West Eighth Street and "H" Street in the block immediately west of Shane Park. The site is currently zoned RS-7. Adjacent lots to the west and east of the site are zoned RS-7. Areas south of the site across West Eighth Street (Park 143 Department of CommuniW Development Staff Report January 18, 2005 P~EZ 04-02 - LaRue Page 2 ~iew V[llas~*m'rlS'~outheast are zoned Residential High Density with areas southwest of the site (between vacated "H" Street and "I" Street) zoned Community Shopping District. Areas further south and north of the West Eighth Street con-idor are substantially developed as Residential, Single Family (RS-7). The application materials state that the site meets all of the tests for siting multiple family development and is ultimately suited for that type of development ( see applicant's November 29, 2004 letter). PUBLIC COMMENTS Notice of the proposed rezone was published in the Peninsula Daily News on November 5, 2004, and posted on the site and mailed to adjacent property owners on November 15, 2004. When it was brought to staff's attention that the original posting was not accomplished in a timely manner, the site was reposted with a notice to property owners extending the written comment period to November 29, 2004, thereby providing adequate time for comment. Because the Planning Commission was unable to meet to discuss the application at the scheduled December 8, 2004, meeting due to lack ora quorum, a new meeting notice was posted on January 7, 2005, with an additional comment period to January 21, 2005. No new comment was received as a result of the third posting. Several letters were received as a result of the original mailing/posting. All of the residents who commented on the proposed change were concerned that the added density would disrupt the established neighborhood routine. Some concern was expressed regarding several large madrona trees found on the site and that the area has exhibited poor drainage. Concern was raised that clearing of the site as a result of development may exacerbate drainage problems in the area. Added traffic to the site and in the general area was also discussed. The Planning Commission's action is a public meeting and is a recmmuendation to the City Council that will hold a public hearing with a written and verbal comment period. The Fire Department did not indicate concerns or objections to the proposed rezone. The site is located within the four minute emergency response area. Multiple family development on the site will require residential sprinklers in each living unit. The Public Works and Utilities Department had no concerus mad noted that the site has direct access to West Eighth Street with utilities available in surrounding rights-of-way. COMPREHENSIVE PLAN, ZONING, & DEVELOPMENT REGULATION REVIEW The subject property was designated on the Comprehensive Plan Land Use Map as High Density Residential (HDR) in 1998. Such a designation allows for the property to be rezoned to a higher density zoning designation which is the case in the current application. The entire Comprehensive Plan was reviewed with regard to the proposal and the following elements, goals, and policies were found to be the most relevant to the proposal: 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:" 1 44 Department of Community Development Staff Report January 18, 2005 REZ 04-02 - LaRue Page 3 a. "Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner." Land Use Map Goals and Policies 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 necessa~T to meet the challenges and opportunities of the future." Policy 2. "All land use decisions and approvals made by the City Council and/or any of its appointed Commissions, Boards or Committees should be consistent with the Comprehensive Plan and its land use map." Land Use Element (General Comments) High Density Residential (Up to 43 Units per Net Acre) "The primary intent of this designation is for development at a density up to 43 units per net acre and is intended for areas where a higher concentration of residents is compatible with the surrounding area and uses. Condominiums, apartments, and planned residential developments are the types of building designs appropriate for this category." Land Use Element Residential Goals and Policies Goal B. 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. Policy 1. "Urban services shall be available for all residential areas as required by the Capital Facilities Element concurrency policy." 3. "All residential developments should be designed with the provisions of fire protection and serv/ce vehicle access as key factors in street design and circulation pattern. For efficient circulation, rights-of-way should be obtained and improvements made to further the grid street pattern of the City. Cul-de-sacs may be permitted when designed as an integral part of the major grid street pattern of the City." 4. "All residential developments should be encouraged to preserve and capitalize on existing unusual, unique, and interesting natural, historic, archaeological, and/or cultural features, should preserve and utilize natural vegetation, should utilize and preserve scenic views, should maximize southern exposures and solar efficiency, should offer protection from prevailing winds, and should be designed to minimize energy use." 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. Policies 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 of varying 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." 2. "Medium and high density housing should be located in areas of the community most suitable for such uses, based on existing services, public facilities, and transportation." 145 DepaWment of Community Development Staff Report REZ 04-02 - LaRu¢ January IB, 2005 Page 3. "Medium and high density housing should be served by arterial streets of sufficient size in order to satisfy traffic demand and to lessen neighborhood traffic congestion." 4. "Medium and high density housing could be a transitional use between different land uses, provided such other uses would not adversely impact the residential nature of the housing." In review of the above applicable goals and policies as they relate to the proposal, the following analysis is provided: · The proposed rezone would allow for the development and infill of undeveloped property consistent with the Growth Management Act's requirement that economic development be consistent with adopted Comprehensive Plans and which encourages growth in areas within the capacity of the region's public services and facilities. · The site was designated High Density Residential (HDR) on the City's Comprehensive Plan Land Use Map in 1998 afier public review of a potential change from low density residential to high density residential. The site is located along a main arterial (West Eighth Street) and very near a large public recreation area (Shane Park) which are requirements for multiple family zone designations. With the frontage of the site being along West Eighth Street, an arterial street and main transit route, circulation patterns and traffic in the area should not be negatively affected by multiple family uses that could locate on the site if a rezone were approved. The proposal is therefore consistent with the Comprehensive Plan. · The City's inventory of land zoned Residential High Density (KHD) is approximately 127 acres with only 12 acres undeveloped. A downzone is currently being proposed of approximately 34 acres of the property zoned RMD to Residential Single Family in the City for environmental reasons. The proposed rezone would replace less than one acre of the area-wide downzoned multiple unit property · Site development will required adherence to all pertinent building and engineering standards which will be greater than for single family development if developed to a multiple family development. The provision of off-street parking and landscaping for the site is required. Therefore, no unnecessary impact to surrounding neighboring streets is anticipated. · The proposed rezone would encourage the development of the site to a higher density that has been identified as desired for the area by the City through its Comprehensive Plan Land Use Map designation as High Density Residential (MDR). ZONING CODE The purpose of the Zoning Code is to implement the goals, policies and objectives of the Comprehensive Plan by dividing the City into zones and to promote the orderly and expected development of such areas as directed by the Plan. A description of RS-7 and RHD zones is as follows: RS-7 (PAMC 17.10.010) Purpose: "This a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on standard Townsite-size lots. Uses which are compatible with and functionally related to a single family residential environment may also be located in this zone." Examples of permitted and conditional uses include single family residential, adult family homes, duplexes, accessory residential units, public parks and recreation facilities, churches, libraries and public and private schools. Department of Community Development ~Staff Report REZ 04-02 - LaP,.ue January 1B, 2005 Page 5 RttD ZONE - (PAM C 1 Z 15.010): This is a high densiO, residential zone for multi-family residential structures. Compatible uses may be allowed on Conditional Use Permits but the zone is still regarded as a residential area, and commercial enterprises are not generally felt to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. Examples of permitted and conditional uses in the RHD zone are similar to those allowed in the RS-7 zone and include multiple family structures, churches, libraries, group homes, nursing homes, and residential care facilities. The CSD zone (located south and west of the subject lots) allows a broader range of uses even than the RHD or zone. Uses permitted in the CSD zone are delicatessens, grocery stores, pharmacies, repair services, and restaurants. RHD zoned properties often can provide a needed transition between residential (RS) zones and more intensive land use designations, Density is permitted in the RHD zone at 38.56 units per acre. Specific development standards in the RHD zone requires 7,000 square feet for the first two an/ts, then 1000 square feet for each unit thereafter. Therefore, at ultimate build out, 5 lots in the RHD zone could result in a maximum of 30 units. The zone allows for a mixture of housing types: single family, duplex, anddor multiple unit structures to an ultimate density of 38.56 units per acre. Design and landscape standards in the RI-ID zone include requirements to provide visual screening of outside storage areas, one tree for each 10 parking space, parking lots to be screened with a vision obscuring fence or vegetation adjacent to residentially zoned property, and that at least 30% of the site shall be landscaped with a mixture of ground cover, shrubs, and ~-ees. Any amendment to Title 17 of the Port Angeles Municipal Code (Zoning) shall be consistent with Section 17.96.100 PAMC, which reads as follows: 17.96.100 Amendments. A. In determining if an amendment to these regulations is needed, the City Council shall give due consideration to the proper relationship of such amendment to the Comprehensive Plan and the entire Zoning Regulations; it being the intent to retain the integrity and validity of the zones herein described and to avoid any isolated spot zoning changes in the Zoning Map. B. Any amendments adopted by the Council may be modified from the form in which they were advertised within the limits necessary to relate properly such amendment or amendments to the Zoning Regulations. Final action on such modifications shall be subject to review and report of the Planning Commission prior to final passage by the City Council. C. No application for a change of zoning of any lot, parcel or portion thereof shall be considered by the Council within one year of the final action of the Council upon a prior application covering any of the same described land. This provision, however, shall not impair the right of the Council to propose by their own action any amendment or change in the boundaries of any of the zones in these regulations. Certain criteria are requked to be met for the approval ofrezones which are consistent with the Comprehensive Plan. A rezone proposal is not considered to be a spot zone if it meets the following three tests: 1) the parcel of land has not been singled out for special and privileged treatment; 2) the singling out is not in the public interest but only for the benefit of the land owner; and 3) the action is in accordance with the Comprehensive Plan. 147 Department of Community Development Staff P. eporl REZ 04-{12 - LaRue January 18, 2005 Page 6 Consistency with the Zoning Ordinance includes maintaining the validity, integrity and purpose, and intent of the established zones, as well as avoiding spot zones. As discussed in review of the comprehensive plamfing policies, consistency with the pohcy to protect neighborhood character is the main issue that needs to be addressed. Given that Comprehensive Plan consistency can be found with the current proposal, compliance with the Zoning Code can then be made by the proposal. ENVIRONMENTAL REVIEW There are no enviro~aneatally sensitive areas located on or adjacent to the subject property. Development of the property will require compliance with various chapters of the Port Angeles Multicipal Code including clearing/grading/stormwater standards. The City's State Envkonmental Policy Act Responsible Official issued a Determination of Nonsignificance for redesignation of the site to High Density Residential on the City's Comprehensive Plan Land Use Map on May 11, 1998. That document was adopted on January 19, 2005, in support of the proposal per WAC 197-11. ~S TAFF ANALYSIS As reviewed, the proposal meets the criteria necessary to site a residential multiple family development: the site is located along an arterial street where bus service is easily available; site development will be directed to the fronting street (West Eighth Street) away from other developed residential single family uses allowing established uses to exist without necessarily observing the site activities; all utilities are readily available in surrounding fights-of-way with the capacity to serve such a development; public recreational uses are located nearby within walking distance; public schools in the area are not overcrowded and are located a short distance from the site; and the proposal does not create an excessive inventory of medium density residential land available for development. A site specific rezone application, under K.C.W. 36.70B Local Project Review ("The Regulatory Reform Act"), the application is limited to one "open record" public hearing. The meeting before the Plmming Commission is not a public hearing as the City has chosen to conduct the public hearing before the City Council. The Planning Commission shall forward a recommendation to the City Council based solely on the information contained in the official file. Public testimony will be taken at the City Council's public hearing which is scheduled for February 15, 2005. Recommended ]*ladings and Conclusions Application Materials 148 Department of Comrnunity Development Staff Report January 18, 2005 Page 7 REZ 04-02 - LaRue Attachment A Findings 1. Findings and Conclusions in Support of REZ 04-02 ~ La Rue On October 21, 2004, executor of the LaRue family trust, Bill La Rue, submitted an application for the rezone of Lots 11 - 15, Block 245, Townsite of Port Angeles, from RS-7, Residential Single Family, to RHD, Residential High Density. The site is located in the 1400 Block of West Eighth Street, at the northeast comer of the intersection of West Eighth/"H" Streets. The undeveloped subject site is comprised of five standard 50' x 140' Townsite lots for a total of 35,000 square feet. The purpose of the RHD zone (PAMC 17.15) is as follows: "This is a high density residential zone for multi-family residential structures. Compatible uses may be allowed on Conditional Use Permits but the zone is still regarded as a residential area, and commercial enterprises are not generally felt to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses." Surrounding adjacent zoning includes Residential High Density (RHD) and Community Shopping District (CSD) to the south, Residential Single Family (RS-7) to the west, north, and east, and Public Buildings and Parks (PBP) one block east of the site. Developed properties in the area are consistent with underlying zoning designations (single family and commercial). Undeveloped property in the area includes the subject property, property south and east of the site which is zoned RHD, and property zoned CSD in the block south and west of the site. At ultimate build out, the 5 subject lots could result in the development of a maximum 38.56 units. Residential development in the CSD zone may develop to RHD standards. The existing RS-7 zone allows a maximum density of 9 residential units per acre with a potential for an accessory residential unit or a duplex. A rezone proposal cannot be considered a spot zone if it meets the following tests: 1) the parcel of land has not been singled out for special and privileged treatment; 2) the singling out is in the public interest and not only for the benefit of the land owner; and 3) the action is in accordance with the Comprehensive Plan. The Comprehensive Plan Land Use Map designates the site as High Density Residential (HI)R). Properties adjacent to the subject property are designated Commercial (C), High Density Residential (Itl)R), and Low Density Residential (LDR) on the Comprehensive Plan and Land Use Map. The Comprehensive Plan was reviewed in its entirety with respect to the proposal. The following elements, goals, and policies were found to be relevant to the proposal: Growth Management Element Goal A, and Policy A. and A.l.a; Land Use Map Goal and Policies Goal A, Policy A.2; Land Use Element Residential Goals and Policies Goal B, Policies B.1, 3, and 4, Goal C, and Policy C.1, 2, 3, and 4. 149 Department of Community Development Staff Report January 18, 2005 KEZ 04-02 - LaRue Page 8' 9. The City's inventory of land zoned Residential High Density (RHD) is approximately 127 acres with only 12 acres undeveloped. A downzone is currently being proposed of approximately 34 acres of the property zoned RMD to Residential Single Family in the City for environmental reasons. The proposed rezone would replace less than one acre of the area-wide downzoned multiple unit property. 10. The State of Washington Growth Management Act (GMA) of 1992 encourages the development of urban properties to specific densities. Mandates to provide an adequate supply of low density, medium density, and high density residential properties were established under the GMA with specific standards as to where such areas should be located. Criteria for locating medium and high density residential uses along arterial streets where public transportation is normally available; the provision of public utilities including water, power, stormwater, sewer, trash pickup, and communication services; public recreational and educational uses located nearby; and the ratio of inventory of multiple residential land available for development are some of those standards. 11. The SEPA Responsible Official adopted a previously issued Determination of Non- Significance (DNS) for the proposal on December 2, 2004. The DNS adopted was originally issued for the 1998 Comprehensive Plan Land Use Map change for the property from Low Density Residential to High Density Residential. 12. The originally noticed written public comment period for the Planning Commission meeting ran from November 15 to November 29, 2004. Mailing labels were provided by the applicant. Due to the lack of a quorum on December 8, 2004, the Planning Commission was unable to review the proposal. A new notice was posted on January 5, 2005, on the property and in the Peninsula Daily News with a comment period that expired on January 21, 2005. Surrounding property owners were notified that the request was for high density residential zoning. No new comments were received as a result of the additional notice provided to property owners. 13. Seven letters of written comment objecting to the proposed rezone were originally received from property owners residing north of the subject site in the single family residential zoned area. The residents objected to the proposed rezone citing traffic, drainage, view, and property value issues. Those letters were included in staff's continued review of the proposal. 14. Future development of the subject property will include engineered drainage and stormwater design. Drainage and stormwater concerns will not be required of the property owner, or any of the existing property owners in the area without future development. Development in an area is the impetus for needed infrastructure improvements. Conclusions: 1. The site was designated High Density Residential on the City's Comprehensive Plan Land Use Map in 1998 after public review of a potential change from (LDR) Iow density single family to high density residential (HDR). The proposal is therefore consistent with the Comprehensive Plan Land Use Map. 2. The proposed rezone would allow for the development and infill of undeveloped property consistent with the Growth Management Act's requirement that economic development 150 Department of Community Development Staff Report REZ 04-02 - LaRue January lS, 2005 Page 9 o be consistent with the adopted Comprehensive Plan that encourages growth in areas within the capacity of the region's public services and facilities. The Comprehensive Plan residential land use element goals and policies encourage medium and high density housing in residential zones consistent with available public utility and recreation services. Residential land should be developed on fne district and neighborhood concept. Single family and multi-family homes, parks, schools, churches, day care and residential services, and district shopping areas are all legitimate components of district development and enhancement. The site, located adjacent to high density and commercially zoned property on a City arterial street, can provide a logical transition between land uses that will not adversely impact the existing development in the area. The rezone is in the public interest and is compatible with the surrounding zoning and land uses and will allow development of the site to a higher density that has been identified as desired for the area by the City through its Comprehensive Plan Land Use Map designation. The proposal will minimally add to the City's inventory of RHD zoned land for development. There is not an excessive inventory of high density land available land for development in the City. Development of multi family properties must be done as required by the City of Port Angeles Stormwater Quality Management Plan with other site improvements as required following approval of an engineered site design. T:~REZ~2004~EZ0402LaRue.wpd 151 C'~T¥ ©~ ~ORT ~GELES Re¢6ne Apphc~Uon PLEASE READ ALL INSTRUCTIONS BEFORE COMPLETING THIS FORM $450 & Scm ($150) 0gl 2 I 200~ [ p.o ommumty e~lopment Jim and Sherri,e · 1.(A) APPLICANT _Bill l.a ~ue for: ScIqDUTEN .. IYayhmePhone 457-4587 Address_tRR 222 W. Park Ay., Port Angeles Phone' (360) 460-1409 (B) PROPERTY Ollr/xFER (if other than applicant) Jack La Rue (W, D. La Rue) PropertyOwner'sAddress(ifotherthanapplicant) 130 Viewcrest Ave. _~0rt Angeles, WA 98362 Daytime Phone 460-1409 (C) APPLICANT'S REPRESENTATIVE if other than applicant or properzy owner Sub3act proper ty ownedcm:- . ,_.~ess recentI- closed._. rentl b an lnc~ ' Phone~erformance Team real estate office) 2.(A)LegalDescriptionofSubjectProperty Lots 11 .fi]brough 15, Block. 245, Townsite of Port An. el_es. (B) GeneralLooationofSubjectProperty Western half of south side of 1400 block 3. Siz~ of Subject Property (150 ft. Xsql.~0 fu.) ,,,_ 35,000 . . . ~~0c~s acres. 4. Zoning of Subject Property RS-7 Proposed Zoning Designation 5. Character/sticsofSubjectProperty(howisitdevel°ped) DNI.Y d~v~]npra¢'n~ 5s C~ty's on and west sides alon with con- lle a ement) alon orthe boun.clary. cr,~ c=rb.~:~;~eS~o%n%~n~ f~e[~lat u~ a~e aro~%~ t~g p~ope~yS. On t,e same half 6. lfnaracten block to th~a °s-s- t'he al~ey · · 'ew Vii a develo~p~ment .(form.~of~ hi~h. ,den~sity.), ~t~DR .v, acan. t ~l, and. south ~s the,Pa_r.k_~V~i,~ r~es?&atlOn oll~roperry ~i~ ~o_gn Density ~tes~aent~a±~ 7. Uomprenenslw r~m~ ~, 8. Comprehensive Plan Designation of Surrounding Properfie~ -LDR (Low Density Residential) 9. Applicable Comprehensive Plan Policies 153 I0. JUSTIFICATION FOR ZONING CHA~O~ r~ P~lafionshin to Com~rohensiv¢ Plank ~eo~ag~m~n¢ of ~enser zonzn~ would make the ~ost . · . · zoned with the desi~ation sought for sense for subnect: ~ s~mzlar s~ze ¢arc~5~dY subSect~ g~d .is located b~re~y 1 btp[k ¢~-'.~%~ ~ubject,_ ~n~ is al~o a ~o~e[ site. ~) Smtabil~ ofPrope~ ~or rroposea ~omng 'laealzy acceptable use for suo]ec~ is the ~ighest density allowable due to existing development in neighborhobd (Park View Villa) which reco~izes that this neighborhood is already on the City sewer~ has developed atr~rs ~nd aJ]~ys: and ~s se~d by the city's transit system. Excellent matchl (C) Chute in Circumst~ces Since Original Zoning ~ch ~gher rate of traffic flow passes by this location; location is on the bus route; large complex completed across the street. (D) ~approphateness ofCu~ent Zo~ng ~ready the' Park View Villa. . .devel°pment. across _eh~ st¢~t ~n the south s~de of this portion of W. 8th St. has chanKed the nat~e of the character of this part of to~. No new houses since 1980 have been ~ilt along this part of W. 8th St. Single f~ly houses are not likely to be b~lt.here, since oI the aOove statements ~e ~exo tneoest o~ my~owieage ~dac~owledge that wil~l misrepresentation of i~o~ation will i~ediately reminate' this application SIGNATURE August 22:,: 2004 Dare CITY OF PORTANGELE$ Planning Department, 321 East Fifth ~i__ __ 7-4750. 155 157 158 159 WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: TO: FROM: SUBJECT: February 15, 2005 CITY COUNCIL SUE ROBERDS, ASSISTANT PLANNER Final Subdivision Review - LUDWICK Del Guzzi Drive Summary: The action is to review a final subdivision submittal for an 11 unit subdivision in the: RS-9 Residential Single Family zone. All required improvements have been made with the exception of a small street improvement at the intersection of Lindberg Road and Del Guzzi Drive that has been delayed due to weather conditions. Recommendation: The Department of Community Development recommends that the City Council conduct the public hearing and continue action until March 1, 2005, per the applicant's request. Background / Analysis: On January 26, 2005, the Planning Commission reviewed the final LUDWICK subdivision during a public meeting. The City Council' s final review of the subdivision will be during the public hearing scheduled for February 15, 2005. Staff review of the conditions of preliminary approval of the subdivision are summarized in the attached Planning Commission memorandum. The Council's final approval of the subdivision will be accomplished by adoption of an ordinance to that effect supported by findings and conclusions. Those draft documents are also attached for your consideration. Prior to the Planning Commission meeting, staff worked with the applicant's representative Steve Zenovic in order to ascertain whether the roadway improvements to Lindberg Road would be bonded or installed prior to final review by the Council. Because of the inclement weather at the time, it was decided that a bond would be accepted by the Public Works and Utilities Department in the amount of 150% of the estimated work cost prior to final of the subdivision. In the meantime, staff has been informed that the applicant would prefer to complete the improvements prior to final plat approval. As that work will take a little time, it has been requested by the applicant's representative that Council continue its final action until March 1, 2005 to allow the work to be done. If not, a bond must be submitted for the work prior to the Mayor being authorized to sign the final mylar and ordinance. Staff and the applicant's representative will be available for questions at the February 15 m eti?,~ Sue Roberds, As,~(stant Planner Attachments: Ordinance, findings, and conclusions Planning Commission Minutes and Staffreport 161 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, approving the finaI plat for the Ludwick subdivision. WHEREAS, the City Council of the City of Port Angeles has inquired into the public use and interest proposed be served by the Ludwick subdivision and dedication; and WHEREAS, the City Council finds that in the Ludwick subdivision and dedication appropriate provisions are made for the public health, safety and general welfare, for open spaces, drainage ways, streets, roads, alleys, other public ways, water supplies, sankary waste, parks and recreation playground, sidewalks and other planning features that assure safe walking conditions for the public and for students who only walk to and from school; and WHEREAS, the City Council finds that the public interest will be served by approval of the Ludwick subdivision and dedication; and WHEREAS, the proponents of the Ludwicl~ subdivision and dedication have made appropriate provision for public improvements; and WHEREAS, the City of Port Angeles Public Works Department has certified that there are adequate means for supplying water and for sewage disposal in the subdivision and dedication; and WHEREAS, the final plat submitted for approval has been approved by the engineer of the City of Port Angeles; and WHEREAS, the City Council finds that the subdivision proposed for final approval conforms to all terms of the preliminary plat approval and that said subdivision meets requirements of local and state law in effect at the time of the preliminary plat approval. 163 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO OPd3)m-N as follows: Section 1. The Ludwick subdivision and dedication be and it is hereby approved. The appropriate officers of the City are hereby authorized to sign the final subdivision plat and authorize recording of the document with the Auditor of Clallam County. Section 2. Effective Date. This Ordinance shall take effect five days following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of ,2005. MAYOR ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: By Summary 1 64 - FINDINGS AND CONCLUSIONS IN SUPPORT OF THE LUDWlCK FINAL SUBDIVISION: Findings: Property owners Mr. and Mrs. Bill Ludwick submitted a request for final approval of an 11 lot subdivision on December 30, 2004. The property is identified as being Lot 1 of the Ennis Creek Estates Survey recorded October 25, 1985, located north of the intersection of Lindberg Road and Del Guzzi Drive. The entire site is approximately 5 acres in size. The subject property is identified on the Port Angeles Zoning Map as Single Family Residential (RS-9) which allows a density of up to 9 units per acre. Each lot in the subdivision will be at least 9,000 square feet in area and is consistent with the approved preliminary plat.. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the final approval of subdivisions. Section 16.08.070(G) PAMC provides that the Planning Commission shall examine the final plat along with the recommendations of the City Departments and shall forward a recommendation thereon to the City Council which shall either approve or disapprove the final plat following a public hearing. The Revised Code o fWashington 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. 5. The subdivision was preliminarily approved on August 3, 2004, with 7 conditions. The subject property is identified as Low Density Residential (LDR) on the Port Angeles Comprehensive Plan land use map. 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. The Port Angeles Public Works and Utilities, Parks, and Fire Departments reviewed the final proposal and had no concems after that review. The Public Works and Utilities Department has approved a bond for 150% of the cost of construction of a portion of Lindberg Road adjacent to proposed Lot 1. The work cannot be acceptably completed during the winter months as it is road construction and materials are not available. The work will be completed as materials are available in the spring, 2005. If improvements have not been 165 Findings and Conclusions - Ludwick Subdivision Page 2 completed prior to final approval, the bond must have been approved by the Public Works and Utilities Department. The site is served by City water, power, sewer, refuse pickup, and emergency services, and cable and telecommunications services are available to the subject lots. Site development was done per an approved engineered clearing/grading/stormwater plan submitted by Zenovic and Associates due to the historic drainage concerns in the area. Easements for utilities and access to lots are provided on the face of the mylar and will be filed along with the final document. 10. 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 City should not approve any development that will not be served at or greater than a city-wide level of service standard of 9 acres of parks per 1,000 population within six years from the time of development (Capital Facilities Element Policy A.11). 11. The lots are served off Del Guzzi Drive, a fully improved street, or Lindberg Road, which is developed to low impact development standards for suburban areas except for the south frontages of Lots 1 and 4 which are bonded for improvements when the weather becomes less inclement. Neither Del Guzzi Drive nor Lindberg Road are school walking or bus routes. 12. Building permits are required for all structures within the subdivision. All local building and Fire Codes will require compliance during construction including residential sprinkler systems. 13. The Port Angeles School District has been notified of the subdivision development to allow planning for needed school facilities and routes. 14. The City's Parks and Recreation Department responded that the the level of service for the area will not 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 and must be provided within six years from the time of development. 15. The City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Nonsignificance for the preliminary subdivision on July 8, 2004, therefore satisfying the City's responsibility under the Act. 16. The Planning Commission's decision is a recommendation to the City Council who will conduct a public hearing on the final plat approval of the subdivision. The Commission acts as the City's heating body for preliminary subdivision approval. Reports are advisory only to ensure compliance to the City's Comprehensive Plan and to planning standards and specifications adopted by the City. 166 Findings and Conclusions - Ludwick Subdivision Page 3 17. The site was conspicuously posted on January 7, 2005, in accord with Section 16.08.070(G) PAMC which prescribes notification for the approval of a final subdivision. No written comments have been received to date. Conclusions: As conditioned, the proposed final subdivision is consistent with the Port Angeles Comprehensive Plan, Zoning Code, Subdivision Ordinance (Chapter 16.08 PAMC), and Chapter 58.17 RCW of the Washington State Subdivision Act. Development of Phase I is in compliance with the conditions of preliminary approval of the subdivision approved on August 3, 2004. Appropriate provisions were 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 fi-om school in the preliminary approval and remain in effect. Signage educating residents and visitors as to the prohibition of on-street parking will ensure that streets developed to the City's low impact development standards will remain passable for public safety situations when on-street parking could prevent ease of passage for emergency vehicles and sight distance safety issues. Clearing and grading activities will be done under an approved engineered clearing/grading/stormwater drainage plan that will address existing drainage and future stonnwater issues as a result of development through the subdivision process. The preliminary proposal was reviewed with respect to the Comprehensive Plan and was found to be in compliance with the Plan's goals and policies for residential development. 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. Adopted by the Port Angeles City Council at its meeting of March 1, 2005. Richard A. Headrick, Mayor Becky J. Upton, City Clerk 167 Planning Commission Minutes January 26, 2005 Page 6 FINAL SUBDIVISION - LUDWlCK: Del Guzzi Drive: Review of a proposed 11 unit residential subdivision in the RS-9, Residential Single Family zone. Assistant Planner Sue Roberds reviewed the Department report and responded to various questions regarding improvements and bonding for improvement to the Lindberg Road right-of-way in lieu of improvement to that street. The applicant would prefer to construct the road improvements rather than bond, however, due to the existing weather conditions, he may have to bond the improvements for a short time. Planner Roberds indicated that the subdivision includes a minor boundary line adjustment in favor of the neighboring (east) property owner in order to account for an existing property line encroachment. Following brief discussion, Commissioner Souders moved to recommend approval of the final subdivision subject to the following findings and conclusions: Findings: Property owners Mr. and Mrs. Bill Ludwick submitted a request for final approval of an 11 lot subdivision on December 30, 2004. The property is identified as being Lot 1 of the Ennis Creek Estates Survey recorded October 25, 1985, located north of the intersection of Lindberg Road and Del Guzzi Drive. The entire site is approximately 5 acres in size. The subject property is identified on the Port Angeles Zoning Map as Single Family Residential (RS-9) which allows a density of up to 9 units per acre. Each lot in the subdivision will be at least 9,000 square feet in area and is consistent with the approved preliminary plat.. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the final approval of subdivisions. Section 16.08.070(G) PAMC provides that the Planning Commission shall examine the final plat along with the recommendations of the City Departments and shall forward a recommendation thereon to the City Council which shall either approve or disapprove the final plat following a public hearing. 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. 5. The subdivision was preliminarily approved on August 3, 2004, with 7 conditions. The subject property is identified as Low Density Residential (LDR) on the Port Angeles Comprehensive Plan land use map. The purpose of the City's RS-9, Residential Single 169 Planning Commission Minutes January 26, 2005 Page 7 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. The Port Angeles Public Works and Utilities, Parks, and Fire Departments reviewed the final proposal and had no concerns after that review. The Public Works and Utilities Department has approved a bond for 150% of the cost of construction of a portion of Lindberg Road adjacent to proposed Lot 1. The work cannot be acceptably completed during the winter months as it is road construction and materials are not available. The work will be completed as materials are available in the spring, 2005. The site is served by City water, power, sewer, refuse pickup, and emergency services, and cable and telecommunications services are available to the subject lots. Site development was done per an approved engineered clearing/grading/stormwater plan submitted by Zenovic and Associates due to the historic drainage concerns in the area. Easements for utilities and access to lots are provided on the face of the mylar and will be filed along with the final document. 10. 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 City should not approve any development that will not be served at or greater than a city-wide level of service standard of 9 acres of parks per 1,000 population within six years from the time of development (Capital Facilities Element Policy A. 11). 11. The lots are served offDel Guzzi Drive, a fully improved street, or Lindberg Road, which is developed to low impact development standards for suburban areas except for the south frontages of Lots 1 and 4 which are bonded for improvements when the weather becomes less inclement. Neither Del Guzzi Drive nor Lindberg Road are school walking or bus routes. 12. Building permits are required for all structures within the subdivision. All local building and Fire Codes will require compliance during construction including residential sprinkler systems. 13. The Port Angeles School District has been notified of the subdivision development to allow planning for needed school facilities and routes. 14. The City's Parks and Recreation Department responded that the the level of service for the area will not 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 and must be provided within six years from the time of development. 170 Planning Commission Minutes January 26, 2005 Page 8 15. The City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Nonsignificance for the preliminary subdivision on July 8, 2004, therefore satisfying the City's responsibility under the Act. 16. The Planning Commission's decision is a recommendation to the City Council who will conduct a public hearing on the final plat approval of the subdivision. The Commission acts as the City's hearing body for preliminary subdivision approval. Reports are advisory only to ensure compliance to the City's Comprehensive Plan and to planning standards and specifications adopted by the City. 17. The site was conspicuously posted on January 7, 2005, in accord with Section 16.08.070(G) PAMC which prescribes notification for the approval of a final subdivision. No written comments have been received to date. Conclusions: As conditioned, the proposed final subdivision is consistent with the Port Angeles Comprehensive Plan, Zoning Code, Subdivision Ordinance (Chapter 16.08 PAMC), and Chapter 58.17 RCW of the Washington State Subdivision Act. Development of Phase I is in compliance with the conditions of preliminary approval of the subdivision approved on August 3, 2004. Appropriate provisions were 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, playgrotmds, schools and school grounds, sidewalks and other planning features that assure safe walking conditions for students who only walk to and fi:om school in the preliminary approval and remain in effect. Signage educating residents and visitors as to the prohibition of on-street parking will ensure that streets developed to the City's low impact development standards will remain passable for public safety situations when on-street parking could prevent ease of passage for emergency vehicles and sight distance safety issues. Clearing and grading activities will be done under an approved engineered clearing/grading/stormwater drainage plan that will address existing drainage and future stormwater issues as a result of development through the subdivision process. The preliminary proposal was reviewed with respect to the Comprehensive Plan and was found to be in compliance with the Plan's goals and policies for residential development. 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. The motion was seconded by Commissioner Hulett and passed 5 - 0. 171 MEMO DEPARTMENT OF cOMMUNITY DEVELOPMENT Brad Collins Director 417-4751 Sue Roberds Assistant Pla~ner 417-4750 Scott Johns kssociate Planner 417-4752 Roger Vess Permit Technician 417-4712 Jim Lierly Building Inspector 417-4816 pORT NGELES WASHINGTON, U.S.A. FILE DATE: January 26, 2005 TO: Planning Comnnssioners FROM: Sue Roberds, Assistant Planner Final Ludwick Subdivision Del Guzzi Drive The Ludwick Subdivision was submitted for final review on December 30, 2004. Review by City departments has indicated that conditions imposed during preliminary approval have been met. A short improvement of Lindberg Road along the frontages of Lots 1 and 4 is required but, due to construction practice and weather conditions during this time of year, that work will not be completed. The work has been bonded for at 150% the cost of construction and will be done as weather permits in the spring. The Planning Commission' s action is during a public meeting not a public hearing, wh/ch is scheduled for February 5, 2005, before the City Council. The original conditions are as follows and have been met as described: 1. Drainage and utility easements shall be shown on the final plat. Drainage and utility easements are shown on the final plat as required. Stormwater drainage ~mprovements shall be mstalled or bonded per the C~ty Urban Services Standards and Guidelines prior to final plat approval. Will be installed per the approved engineered design submitted by Zenovic and Associates for the project. Residential fire sprinkler systems shall be installed in each residential unit as required by the Fire Department for all new residential building permits. Notice of this requirement shall be placed on the final plat and recorded separately with the plat. This requirement has been placed on the face of the final mylar and a separate recording document will be filed with the plat. 173 January 26. 2005 Electrical utilities shall be installed as needed by the applicant or shall be bonded per the Public Works and Utilities standards prior to final plat approval. Electrical utilities have been installed as required by the Public I'Vorks and Utilities Department. 5. Address numbers shall be identified and placed on the final plat as provided by the City. Address numbers are identified on individual lots as provided by the City's Public Works and Utilities Department. Access easements or boundary line adjustments in favor of landlocked properties adjacent to Lots 5 and 6 shall be recorded and shown on the final plat. An additional 1 O-foot right-of-way shall be dedicated for Lindberg Road along the frontage of Lots 1 and 4 and shown on the final plat. Easements in favor of Lots 5 and 6 are shown on the mylar and will be separately recorded with the filing of the subdivision. A Boundary Line Adjustment is identified on the mylar between property situated east of Lot 1 along Lindberg Road and will be finalized with the recording of the final plat. 7. Erosion control measnres shall be in place prior to grading and construction. A clearing/gradingplan has been submitted and approved by the City's Public Works and Utilities Department for site development. Reviewing departments have no concerns regarding the final of this subdivision proposal. It is appropriate then for the Planning Commission to recommend approval of the final subdivision to the City Council and attthorize the Mayor to sign the .final mylar. Suggested findings and conclusions in support of that recommendation are attached as Attachment A for your review. Attachment A 174 LudwickFinai Subdh,ision Januao, 26.2005 Page 3 ATTACHMENT A CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF THE FINAL OF THE LUDWICK SUBDIVISION: Findings: 1. Property owners Mr. and Mrs. Bill Ludwick submitted a request for final approval of an 11 lot subdivision on December 30, 2004. The property is identified as being Lot 1 of the Enn/s Creek Estates Survey recorded October 25, 1985, located north of the intersection of Lindberg Road and Del Guzzi Drive. The entire site is approximately 5 acres in size. The subject property is identified on the Port Angeles Zoning Map as Single Fmuily Residential (RS-9) which allows a density of up to 9 units per acre. Each 19t in the subdivision will be at least 9,000 square feet in area and is consistent with the approved preliminary plat.. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the fmal approval of subdivisions. Section 16.08.070(G) PAMC provides that the Planning Commission shall examine the final plat along with the recommendations of the City Departments and shall forward a recommendation thereon to the City Council which shall' either approve or disapprove the final plat following a public hearing. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the un/form division of land within the State. Section 58.17.110 requires a city to inquire into the pubhc use and interest proposed to be served by the establishment ora subdivision and detenuine 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 publicinterest willbe served bythe subdivision. Aproposed subdivision shallnot be approved unless the city can make whtten findings that these provisions are made. The subdivision was preliminarily approved on August 3, 2004, with 7 conditions. The subject property is identified as Low Density Residential (LDR) on the Port Angeles Comprehensive Plan land use map. 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. The Port Angeles Public Works and Utihties, Parks, and Fire Departments reviewed the final proposal and had no concerns after that review. The Public Works and Utilities Department has approved a bond for 150% of the cost of construction of a portion of Lindberg Road adjacent to proposed Lot 1. The work cannot be acceptably completed during the winter months as it is road construction and materials are not available. The work will be completed as materials are available in the spring, 2005. 175 Ludwick Final Subdivision January 26, 2005 Page 4 The site is served by City water, power, sewer, refuse pickup, and emergency services, and cable and telecommunications services are available to the subject lots. Site development was done per an approved engineered clearing/grading/stormwater plan submitted by Zenovic and Associates due to the historic drainage concerns in the area. Easements for utilities and access to lots are provided on the face of the mylar and will be filed along with the final document. 10. The Comprehensive Plan requires concurrency at the t/me 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 City should not approve any development that will not be served at or greater than a city-wide level of service standard of 9 acres of parks per 1,000 population within six years from the time of development (Capital Facilities Element Policy A. 11). 11. The lots are served offDel Guzzi Drive, a fitlly improved street, or Lindberg Road, which is developed to low impact development standards for suburban areas except for the south frontages of Lots 1 and 4 which are bonded for improvements when the weather becomes less inclement. Neither Del Guzzi Drive nor Lindberg Road are school walking or bus routes. 12. Building permits are required for all structures within the subdivision. All local building and Fire Codes will require compliance dnring construction including residential sprinlder systems. 13. The Port Angeles School District has been notified of the snbdivision development to allow planning for needed school facilities and routes. 14. The City's Parks and Recreation Department responded that the the level of service for the area will not 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 and must be provided within six years from the time of development. 15. The City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Nonsignificance for the preliminary subdivision on July 8, 2004, therefore satisfying the City's responsibility under the Act. 16. The Planning Commission's decision is a recommendation to the City Council who will conduct a public hearing on the final plat approval of the subdivision. The Commission acts as the City's hearing body for preliminary subdivision approval. Reports are advisory only to ensure compliance to the City's Comprehensive Plan and to planning standards and specifications adopted by the City. 17. The site was conspicuously posted on January 7, 2005, in accord with Section 16.08.070(G) PAMC which prescribes notification for the approval of a f'mal subdivision. No written comments have been received to date. 176 January26,2005 Page 5 Conc]usions: A. As conditioned, the proposed final subdivision is consistent with the Port Angeles Comprehensive Plan, Zoning Code, Subdivision Ordinance (Chapter 16.08 PAMC), and Chapter 58.17 RCW of the Washington State Subdivision Act. Deveiopment of Phase I is in compliance with the conditions o fpreliminary approval of the subdivision approved on August 3, 2004. B. Appropriate provisions were 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 walldng conditions for students who only walk to and f~om school in the preliminary approval and remain in effect. C. Signage educating residents and visitors as to the prohibition of on-street parking will ensure that streets developed to the City's Iow impact development standards will remain passable for public safety situations when on-street parking could prevent ease of passage for emergency vehicles and sight distance safety issues. D. Clearing and grading activities will be done under an approved engineered clearing/grading/stormwater drainage plan that will address existing drainage and future stormwater issues as a result of development through the subdivision process. E. The preliminaryproposal was reviewed with respect to the Comprehensive Plan and was found to be/n compliance with the Plan's goals and policies for residential development. F. The public interest is served in the platting of this subdivision as articulated Ln the City's Comprehensive Plan, Subdivision, and Zorfing Ordinances. The subdivision provides for development of new homes within the City of Port Angeles consistent with the State of Washington Growth Management Act. 177 Z 179 WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: TO: FROM: SUBJECT: February 15, 2005 CITY COUNCIL AND CITY MANAGER Glenn A. Cutler, Director of Public Works and Utilities CEDAR STREET RETAINING WALL REPAIRS Summary: The Cedar Street retaining wall cribbing has failed in several areas and is in need of repair. A consultant, Milbor-Pita and Associates, has been selected to provide a proposal to investigate the failures, recommend alternates for repair, provide a design for selected alternate, and provide construction support services. Recommendation: Information only. No action required. Background/Analysis: The metal crib retaining wall along the east side of Cedar Street north of 6th Street is in need of repair. Corrosion of the metal cribbing material has reduced some areas to the point of failure. Frank Pita of Milbor-Pita and Associates has been contacted to provide a proposal for engineering services to investigate the failures, recommend alternatives for repair, and provide design and construction support services once the repair method has been selected. The have also been requested to inspect the similar metal crib wall along the Pine Hill Cutoff for any similar problems. Milbor-Pita and Associates has been selected to provide these services. Frank Pita was CH2M Hill's resident construction engineer for the original construction in 1975. In addition, Milbor-Pita and Associates provided the design and construction support for the Laurel Street Slide Repair project. Staffhas been pleased with their cost effective design solutions. Once the scope and fees have been negotiated the engineering agreement will be brought to Council for approval. N:\CCOUNCIL\FINAL\Cedar Sh-ect Retaining Wall.doc PW_IOI.O1 [Revised 07/20/04] 181