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HomeMy WebLinkAboutAgenda Packet 02/21/2006 Becky Upton City Clerk ~ AGENDA CITY OF PORT ANGELES 321 EAST FIFfH STREET REGULAR MEETING - 6:00 p.m. February 21, 2006 . ~ORTANGELES WAS H I N G TON, U.S.A. Note: The Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve the needs and/or convenience of the Council and the public. The items of business for regular Council meetings may include the following: A. CALL TO ORDER - Regular Meeti~g (6:00 p.m.) ROLL CALL - PLEDGE OF ALLEGIANCE - PUBLIC CEREMONIES, PRESENTATIONS 1. Soroptimist International Jet Set Donation of Sani-can Rental for Waterfront Trail 2. Proclamation in recognition of Ron Jones' Induction into Washington Music Educators Association's Hall 0 Fame 1. Accept Donation 2. Read Proclamation B. WORK SESSION C. (1) LATE ITEMS TO BE PLACED ON TIDS OR FUTURE AGENDAS as determined by City Manager or 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 per person and a total of J 5 minutes for this comment period. (These time periods may be lengthened or shortened at the discretion of the Mayor.) D. CITY COUNCIL COMMITTEE REPORTS - E. ORDmANCESNOTREQUlRINGPUBLIC HEAIUNGS: 1. Rolli~ Hills Subdivision final a roval 3 1. Ado t Ordinance F. RESOLUTIONS 1. Set date for consideration of Street Vacation 14 1. Adopt Resolution Petition -- STV 06-01 - Anderson, Portion of "P" and 16lh Streets south of Milwaukee Drive 2. Set date for consideration of Street Vacation 22 2. Adopt Resolution Petition -- STV 05-04 - Lunderville, Portion of"F" Street south of 12th Street 3. Surplus of Personal Property 28 3. Adopt Resolution --.._"-_.- .,,!,~......- NOTE: HEARING DEVICES A V AlLABLE FOR THOS 3 NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK February 2 L, 2006 Port Angeles City Council Page 1 OTHER CONSIDERATIONS 1. 2006-2008 Labor' contract with AFSCME 2. CSO Funding Options 3. Green Crow Planned Residential Development- Campbell Avenue: Preliminary Approval 4. Municipal Code Amendment: Amendment to Section 17.96 Appeals and Section 15. 12 Flood Dama e Prevention H. PUBLIC HEARINGS - QUASI-JUDICIAL (7:00 P.M. or soon thereafter) I. PUBLIC HEARINGS - OTHER 34 1. Approve Labor Contract 65 2. Approve Loan Applications 67 3. Approve 125 4. First reading of Ordinance J. FINANCE 1. Nippon Maintenance Agreement 2. Brown & Caldwell Consultant Agreement 3. Equipment Purchase - Police Vehicles 4. Erickson Park Restrooms 5. 6. 7. K. CONSENT AGENDA 1. City Council Minutes of February 7, 2006 171 Accept Consent Agenda regular meeting and February 11,2006 special n;1eeting 2. Expenditure Approval List- February 15,2006 - 179 $804,865.45 3. Tree Trimming Contract 203 4. Special City Council Meeting to Interview 205 Applicants and Make Appointments to City Boards and Commissions L. INFORMATION 1. City Manager's Reports: 2. Rotel/Motel Grant Report- 4th Quarter - December 31,2005 (Page 207) 3. Plamlin Commission Minut~s - Janua 25,2006 Pa e 209 1. Approve Agreement 151 2. Approve Agreement 163 3. Approve Purchase 165 4. Approve Purchase 167 5. 6. 7. M. EXECUTIVE SESSION (As .needed and determined by City Attorney) To discuss with legal co.l.llls~lrepresenting thecitylitigation-42.30.1l0(1)(i),andReaIEstate-42.20.110(1)(b). '.' .. N. ADJOURNMENT . ~ " NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK. . February:': l, 2006 Port Angeles City Council .r', Page 2 FORTANGELESi WAS H I N G TON, U. S. A. crr~~"€OUNCIL MEETING I. CALL TO ORDER - REGULAR MEETING: n. ROLL CALL: Members Present: Mayor Rogers Deputy Mayor Williams Councilmember Braun Councilmember Erickson Councilmember Munro Councilmember Wharton Staff Present: Manager Madsen Attorney Bloor Clerk Upton G. Cutler D. McKeen T. Riepe Y. Ziomkowski =t * V February 2L 2006 lj,QR 1>. '1t\,- I Ill. PLEDGE OF ALLEGIANCE: Led by: ~11\f'~ O.mo ~Qk. ~a.l.( Jl · FORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEETING Attendance Roster DATE OF MEETING: February 21. 2006 LOCATION: City Council Chambers \--.i ,- ~ ~ City of Port Angeles ~ORTANGEtES OrdinanceIResolution Distribution List WAS H I N G TON, U. S. A. City Council Meeting of Februarv 21,2006 1- ~ PROCLAMA TION In Recognition of Ron Jones WHEREAS, Ron Jones arrived in Port Angeles in 1975. During his 30+ year tenure at the High School, he has brought the high school orchestra program, which started in 1919, from a group of 13 string players to more than 90 students involved in the school's three orchestras - symphonic, chamber and freshman concert, many who consistently perform at a championship level. When Mr. Jones accepted this position at the High School here, it was on the brink of no longer existing, his orders were that the then 56-year old program would be cut if he didn't have them performing well within three years; and WHEREAS, Mr. Jones was inducted into the Washington Music Educators Association's Hall of Fame on Friday, February 17; 2006; an honor even more so since the association has only inducted 221 into the hall of fame. Mr. Jones also sits on the board of the Washington Interscholastic Activities Association, after successfully working hard petitioning that organization to get the West Central District ill students school reimbursed for their music activities, and the Association noW even pays for transportation and housing, if the students make it to the state competition; and WHEREAS, Ron's work in the Washington Music Educators Association include terms as Orchestra Curriculum Director and West Vice President. He is a past state president of theWashington Chapter of the N ationa! String Orchestra Association. Mr .Jones has worked hard at bringing respect to the orchestra program in Port Angeles, earning community support, dedicated . students, and is highly regarded by the district administration; and WHEREAS, In 2000, Ron Jones was named the "Outstanding Public School Music Teacher" by the Washington Chapter of the American string Teachers Association with NSOA. In April, 2002, WMEA/WIAA honored him as the Washington State "Music Educator of the Year." WHEREAS, Through Ron's tutorship, the Chamber Orchestra has won the large string ensemble division of the Washington State Music EducatorsjWashington Interscholastic Activities Association State Ensemble Contest for many years since the division was created. NOW, THEREFORE, I, Karen A. Rogers, Mayor,. ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES, do hereby urge all citizens to join us in celebrating with enthusiasm the outstanding accomplishments, dedication, and influence that Ron Jones has brought to our community, and congratulate him on being.inducted into the Washington Music Educators Association's Hall of Fame I Karen A. Rogers, Mayor February 21, 2006 . . . 2 THE CITY OF WAS H I o N, U. S. PRESS RELEASE DATE: TO: February 21,2006 Peninsula Daily News KONP Radio Peninsula News Network Email: news@peninsuladailynews.com Email: info@konp.com Email: news@peninsulanews.net MAYOR ANNOUNCES PROCESS TO FILL VACANCY The Port Angeles City Council has begun the process to fill the vacancy that resulted in the sudden and unexpected death of Council member Jack N. Pittis. Mayor Karen A. Rogers formally announced this process at the February 21 st, 2006 City Council meeting. The remaining council members have the duty, by law, to appoint a qualified person to fill the vacancy on the city council. A qualified person is one who would be eligible to run for the council position in a general election. An elective officer of the City of Port Angeles must be a registered voter of the City and must have been a resident of the City for at least one (1) year. An appointment will be finalized by an affirmative vote of the majority of the remaining council members. The appointee holds office only until the next regular municipal election to fill the un-expired term of that position. The Port Angeles City Council will accept and consider letters of interest from any and all who would like to be considered for appointment to the council. Letters will be accepted by the City Clerk until March 7th, 2006. Depending on the number received, the letters may be first reviewed by a council subcommittee. The council may meet in executive session to consider and evaluate the qualifications of applicants. The final. decision also will take place in an open meeting. The appointment must be done within 90 days, but in this instance the council hopes to complete the process well before the limit. It is City Council's intent to make this process expeditious, yet fair to . all interested candidates. Contact Person: Teresa Pierce Executive Communications Coordinator City Manager's Office Phone: 360-417-4630 Email: tpierce@cityofpa.us/webmaster@cityofpa.us Website: www.cityofpa.us CITY GOVERNMENT 2/20/2006 ~ -Jo :i:AL ~ ^- J - tll- OIR City Council of the City of Port Angeles Honorable Council Members, Tomorrow evening I will complete my term on the Port Angeles Planning Commission. I have been pleased and honored to serve on the Commission and may do so again in the future if the Council will have me. My short four years on the commission have been a time of transition. By the time my term began, early opposition to the GMA and planning in general had become tolerance of the GMA and planning. Today there seems to be a recognized need for more planning as the City grows. Prior to my term, the problem was city survival. Now it is managing the growth. Prior to my term there was the perception that there was of lots of land for expansion and sprawl. Today there is very little undeveloped land left. For the first part of my term the planning department and the planning commission were dominated by people who had been there a long time. Today, there has been an infusion of new ideas and new attitudes toward land management in both the Planning Department and on the Planning Commission. I neither claim no deserve any credit for these changes, but I was privileged to be able to watch them as they happened. But new circumstances need new solutions. The planning staff has done a valiant job in trying to keep up with the additional workload imposed by recent City growth and other responsibilities. I personally was shocked to learn that the City of Paulsbo, one fourth the size of Port Angeles, hSts five staff planners. I hope the Council will continue to review personnel needs in this area and adjust staffing as you see fit. Today much of the important planning and legislative work of the Commission is being deferred because of the load of quasi-judicial matters. Two years ago the planning commission, after long opposition, voted to support use of a Hearings Examiner in the City. This is still a good idea. It is becoming clear that Port Angeles is running out of developable land. Annexation is difficult because the areas that can be annexed are already fully developed and do not meet city standards for roads and utilities. Instead of growing out as in sprawl, we now need to adjust our thinking about density. Densities must increase in appropriate areas, especially near the city center. We need to rethink setbacks and height limitations so that it becomes once again profitable to build and rent new apartments at rates affordable by people working for local wage levels. We need to concentrate housing near the downtown so people have that shopping within walking distance, and so basic year round stores can flourish in the downtown alongside the boutiques and tourist directed businesses. y, ' One of my greatest 4isappointment~ as a Commissioner is that the communication between the Councif's Coni'munity and Economic development Committee and the planning Commission has not improved. I would like to see the CED Committee assign specific planning issues, of interest to the Council, to the Planning Commission for study and creation of "white papers" containing recommendations back to Council. I am thinking about issues such as waterfront planning, protected route for a future Route 101, density recommendations, low impact development standards, Ranier site futures, etc. The Commission, if it pleased the Council, could research and prepare recommendations on these and many other matters. You have a new and enthusiastic Planning Commission. I suspect that they will be honored if you entrust them 'with the major land use questions and with gathering the information you will need to make land use decisions. This is a great group of people and I have confidence in them and in their ability and willingness to do the job the Council and the City needs done. Finally, and most of all tonight, I want to thank you for giving me the opportunity to serve these four years. I have learned a tremendous amount. I have learned how people can come to a public hearing and voice their concerns, and usually accept the decision even when it does not meet their hopes, or sometimes do not accept it. I have learned about the history and layout of the city we call home, and about the people who live here. I have learned how hard the Council members work on our behalf, and about the incredible volunteer people and hard working paid staff that make the city go. One hears many jokes about lazy public employees, but I have not met any ofthose in Port Angeles. Thank you for appointing me. Thank you for a great education. Thank you for letting me serve. Thank you for listening. c?K~ . DATE: To: FROM: SUBJECT: ~ORT~GEtES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO FEBRUARY 21, 2006 FINAL ApPROVAL Ro LING HILLS SUBDIVISION Summary: Review of fmal subdivision. Recommendation: Council should waive the second reading of the ordinance and concur with the recommendation of the Planning Commission by adopting the attached ordinance approving the subdivision. The Planning Commission's findings and conclusions should be cited in . support of that action. The motion should also direct the Mayor to sign the Mylar for recording. Back2round / Analvsis: On June 7, 2005, the City Council preliminarily approved a 32-unit subdivision in the RS-9 zone. The attached staff report identifies the preliminary conditions of approval and how the applicant has met those requirements. Staff has inspected the site. Required improvements have been made with the exception of paving and street improvements, which will be completed as soon as the local paving season begins. An assignment of savings is proposed to cover the remaining improvements to the City's satisfaction. Attachment: Ordinance, condition, findings, and conclusions Preliminary conditions of approval . 3 . . . 4 . ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, approving the Rolling Hills Subdivision. WHEREAS, the City Council of the City of Port Angeles has considered the public interest served by the Rolling Hills subdivision and dedication; and WHEREAS, the City Council fmds that, subject to the attached Condition, Findings, and Conclusions,. the Rolling. Hills subdivision includes appropriate provisions for the public health, safety and general welfare; and WHEREAS, the City Council fmds that the public interest will be served by approval . of the Rolling Hills subdivision and dedication; and WHEREAS, the proponents ofthe Rolling Hills subdivision and dedication have made appropriate provision for public improvements, as stated in more detail in the attached Condition, Findings and Conclusions; and WHEREAS, the City of Port Angeles Public Works and Utilities Department has certified that there are adequate means for supplying water and for sewage disposal in the subdivision and dedication; and WHEREAS, the fmal subdivision and the estimate for bonding improvements have been accepted by the City Engineer of the City of Port Angeles; and WHEREAS, the City Council finds that, as conditioned, Rolling Hills subdivision and dedication conforms to all conditions of the preliminary plat approval for Rolling Hills and that . said Rolling Hills subdivision meets requirements oflocal and state law in effect at the time of the preliminary plat approval. 5 - 1 - NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO ORDAIN as follows: Section 1. The attached Condition, Findings, and Conclusions hereby are adopted and incorporated herein. Section 2. The Rolling Hills subdivision is hereby approved, subject to the condition referenced in Section 1 above. Upon satisfaction ofthe condition, the appropriate officers ofthe City of Port Angeles are hereby authorized to sign the final subdivision plat and authorize recording of the document with the Clallam County Auditor. Section 3. Effective Date. This Ordinance shall take effect five days following the date of its publication by summary. PASSED by the City Council ofthe City of Port Angeles at a regular meeting of said Council held on the _ day of February, 2006. Karen A. Rogers, Mayor ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: By Summary G:ILcgal_BackupIORDINANCES&RESOLUTIONSI2006-03RollingHiIIsSubdivision. wpd FcbllllU)' 16,2006 6 - 2- . . . FINDINGS AND CONCLUSIONS IN SUPPORT OF FiNAL APPROVAL OF ROLLING HILLS SUBDIVISION: Conditions: 1. A bond or other securities acceptable to the City Attorney in the amount of $350,000 shall be required to cover the cost of improvements that have not been completed at the time of final approval. Findinf!s: 1. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform division ofland within the State of Washington. Section 58.17.110 requires a city to inquire into the public use and interest proposed to be served by the establishment . of a subdivision. It shall determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school and whether the public interest will be served by the subdivision. A proposed subdivision shall not be approved unless the city can make written findings that these provisions are made. , Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the approval of subdivisions. RCW 58.17. Section 16.08.050(B)(1) P AMC 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 Port Angeles Public Works and Utilities, Parks, and Fire Departments reviewed the proposed subdivision. Their comments have been incorporated in the Department's recommendation. Preliminary approval is based upon a drawing dated received March 11 2005, prepared for Rolling Hills Homes LLC by Zenovic and Associates, Inc. The subject property is identified as Low Density Residential on the Port Angeles Comprehensive Plan Land Use Map. The proposal has been reviewed with respect to the Comprehensive Plan. The following Comprehensive Plan policies are found to be most relevant to the proposal: Growth Management Element Goal A; Land Use Element Goal A, Policy A.2, Goal B, Policy B.l, B.2, BA, B.5, and B.6, Goal C; Transportation Element Goal A, Policy A.2, A.3, A.6, and B.11; Utilities and Public Services Element Policy C.2; Capital Facilities Element Goal A, and Policy A.9, Policy B.l, Goal C, Policies C.l through 5, and 7. 1 2. 3. 4. 5. 6. 7 7. The subject property is identified by the Port Angeles Zoning Map as Residential Single Family RS-9, which allows a density of up to 4.84 dwelling units per acre. The proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000 square feet in size. 8. The site is currently served by "0" Street, which is an arterial street, and W. 14th Street, which is not an arterial. Neither street is a designated school walking route nor a designated bicycle route. 9. There are no environmentally sensitive areas on the site. The site is not considered a frequently flooded area as it is not listed on the Federal Emergency Management Act (FEMA) maps which denote those areas that are in 100-year flood areas. 10. Transit service is available along "0" Street south of the site at 16th Street. "N" Street, south of 14th Street, is a designated school walking route. No transit service, school bus service, or school walking routes directly serve the subject subdivision. 11. Building permits are required for all structures on the completed sites. All local building and Fire Codes shall be complied with during construction including residential sprinkler systems. 12. 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 ~ick-up for students at Hamilton Elementary School and Stevens Middle School at 18t and "0" Streets, 1ih and "N" Streets and for Hamilton Elementary at 14th and "N" Streets. 13. The City's Parks Department has 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 site is located approximately one mile north and west of Lincoln Park and approximately on mile west of Hamilton Elementary School, which are the only developed recreational facilities in the area. The site is approximately one half mile from City owned property that is designated as a future park located at 10th and "N". Streets. 14. All utilities including potable water, sanitary waste, and refuse collection are available in the area. 15. The site will be served by all City services including Police, Fire, and Public Works and Utilities Departments. Utility services will be extended to site at developer's expense. 16. The City's State Environmental Policy Act (SEP A) Official issued a Determination of Nonsignificance (DNS #1099) on April 21, 2005, therefore satisfying the City's responsibility under the Act. 17. Improvements to the internal streets and to 14th Street will be required such that the fmal roadway has an improved travel width of 20 feet with a vegetated swale and 4' all- weather pedestrian walking path on one side per the City's low impact development standards. The Port of Port Angeles Fairchild International Airport is located south of the site. The Port of Port Angeles staffhas been notified of the proposed subdivision. Wording shall 2 18. 8 . . . . be placed on fmal plat making potential purchasers aware of the existing on-going airport operation. 19. The City's low impact development standards in suburban areas (adopted in 2003) were adopted with the understanding that subdivisions developed under the standards would not allow for on-street parking. Site development and design for residential lots developed under the lower impact standards need to accommodate resident parking and visitor parking on-site. Roadside ditches developed under low impact development standards should be monitored and kept free of debris by adjacent property owners. 20. The City Engineer has approved an estimate in the amount of$350,000 for improvements that have not been completed at the time of fmal approval. . . Conclusions: 1. As conditioned, the proposed subdivision 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 the Washington State Subdivision Act, Chapter 58.17 RCW. 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. Signage educating residents and visitors to the prohibition of on-street parkingis included in the conditions for subdivision approval in those areas developed under the City's low impact development standards to prevent public safety issues that could result if on-street parking clogged streets that are allowed to be reduced in size. As conditioned, the public interest is served in the platting of this subdivision as articulated in the City's Comprehensive Plan, Subdivision, and Zoning Ordinances. The subdivision provides for development of new homes within the City of Port Angeles consistent with the Growth Management Act. 2. 3. 4. 5. Adopted by the Port Angeles City Council at its meeting of February 21,2006. Karen A. Rogers, Mayor Becky J. Upton, City Clerk 3 9 . . . 10 1- . . . Preliminary conditions of approval for the Rolling Hills subdivision with an explanation of how those conditions have been met. Conditions: 1. Interior streets shall be dedicated and constructed per the City's urban services standards and Guidelines, which includes a minimum 20- foot wide paved travel surface with a vegetated swale on both sides of the street and a minimum 4-foot wide all-weather pedestrian walkway along one side of the road separated from the travel surface by the vegetated swale, prior to approval of the final plat. Rights-of-way have been dedicated. Streets have been either constructed or an assignment of savings in the amount of 150% of the engineers estimate has been accepted. 2. The interior streets shall be named and approved by the Public Works and Utilities Department prior to final approval of the subdivision. Interior roads have been named Rolling Hills Drive and Rolling Hills Court. 3. Improvements to "0" Street shall be required at City of Port Angeles Public works and Utilities arterial street standards. Assignment of savings at 150% of the engineers estimate has been accepted. 4. Fire hydrants shall be placed per the Fire Department comments as follows: One fire hydrant shall be located adjacent to lot #14; and a second fire hydrant shall be placed on 14th Street at the southwest comer of lot # 17. Assignment of savings at 150% of the engineers estimate has been accepted. 5. Wording requiring all homes within the subdivision to be equipped with a residential sprinkler system that meets the requirements of the current edition ofNFPA 13D shall be placed on the face of the final mylar. This requirement is stated on the face of the plat. 6. Electric utility service to the subdivision shall be underground. A 10-footeasement for electric service shall be required on streets and cul-de-sacs. The required 10' easement is shown on the plat. 7. Prior to final plat approval, water service shall be extended to the lots as required by the Public Works and Utilities Department. Assignment of savings at 150% of the engineers estimate has been accepted. 8. Stormwater improvement plans shall be submitted for approval per the City's Urban Services Standards and Guidelines and made prior to final plat approval. Assignment of savings at 150% of the engineers estimate has been accepted. 9. Sanitary sewer shall be extended to the new lots as required by the Public Works Department from Fourteenth Street and shown on the preliminary plat. Assignment of savings at 150% of the engineers estimate has been accepted. 11 10. Building setbacks shall be identified on the final plat and address numbers provided by the Building Division will be placed on the lots. Address numbers and building setbacks are shown on the face of the plat. 11. The applicant shall place a statement on the plat and make it known to all subsequent purchasers of subject lots that said lots are in the proximity of the William R. Fairchild International Airport and that the Port of Port Angeles does not warrant that these lots will always be outside the lowest noise contour currently established for residential use. The required statement is shown on the face of the plat. 12. Fourteenth Street improvements shall be made to Public Works and Utilities Department standards for standard residential streets prior to final plat approval and shall include a minimum ofa 17-foot wide paved travel surface plus 10 feet of paving south of the center line with curb, gutter, and sidewalk along the entire site frontage. Assignment of savings at 150% of the engineers estimate hasbeen accepted. 13. "0" Street shall have street trees planted the entire length of the frontage of the site located behind the sidewalk. . City staff is available to assist with tree selection and planting guidelines. Assignment of savings at 150% of the engineers estimate has been accepted. 12 . . . . . . DATE: To: FROM: SUBJECT: FORTAN EeES Summary: A valid petition requesting the vacation of City right-of-way has been received. Recommendation: Staff recommends that the City Council adopt the attached resolution settin a uhlic hearin or A ril4, 2006, to consider the street vacation etition. WA 5 H I N G TON, U. S. A. CITY COUNCIL MEMO February 16, 2006 CITY COUNCIL Sue Roberds, Planning Manager STREET VACATION PETITION - STY 06-01 - ANDERSON RESOLUTION SETTING A PUBLIC HEARING Back~round / Analysis: Per RCW 35.79, when a valid petition is received requesting the vacation of right-of-way, the legislative authority shall, by resolution, set a time when the petition will be heard and determined which date shall not be more than 60 days nor less than 20 days after the passage of such a resolution. The petition is valid. The City Council's Real Estate Committee has reviewed the matter and discussed compensation in the event the right-of...way is vacated. The right-of-way requested for vacation is a portion of unopened "P" Street situated south of Milwaukee Drive and north of (undeveloped) 16th Street. The request also includes a narrow 5' portion of right-of-way dedicated for 16th Street along the site frontage. A recommendation will be forwarded to Council following review by staff and the Planning Commission prior to Council's action on the matter. The petition and site map are attached for your review. Staffwill be available for questions on the matter at the February 21 me~ting. Attachments T:\FORMS\Councilmemoanderson.wpd 14 . . . 15 e RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a hearing date for April 4th on a petition to vacate a portion of "P" Street and a portion of 16th Street in Port Angeles, Clallam County, Washington. WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of "P" Street and a portion of 16th Street, Port Angeles, Washington described as follows: The east half of "P" Street situated between 16th Street and Milwaukee Street, and the north 5 feet of 16th Street between Reyes Street and "P" Street, Townsite of Port Angeles, Washington. WHEREAS, the petition has been signed by the owner of more than two-thirds of the e. property abutting the right-of-way to be vacated; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles as follows: Section 1. The petition to vacate the above-described City right-of-way shall be heard and determined by the City Council in the Council Chambers, 321 East Fifth Street, at the Council's regular meeting on April 4th at 7:00 p.m., or as soon thereafter as possible. Section 2. The City Clerk is hereby directed to give at least twenty (20) days notice of the pendency of the petition and the time and place of the hearing in accordance with the provisions ofRCW 35.79.020. e PASSED by the City Council of the City of Port Angeles at a regular,meeting of said Council held on the 21st day of February, 2006. MAYOR 16 -1- . ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney G:U-egaJ_ BackupIORDINANCES&RESOLUTJONS\R2006-0S.AdamsSueetVac.021S06. wpd Febnwy IS, 2006 . . 17 -2- . 50 100 1 LFGEND NOTE: . : TOPOGRAPHIC UNES HAVE BEEN IMPORTED FROM THE CITU OF PORT ANGELES .CI1Y AERIAL. DATED 1995. _w- f'ffOPOSQ ,",TER /.liE SSMH ,. _ED SANrr_ safll MWIO/E _ a _ f'ffOPOSQ SANTARt _ EX. SSWHO DlIS1ING SAMTARt saflllMNHOl.E _ D _ PIlOPOSE1J SIDR" DRAIH co ,. PROPOSED afAN Our _v- t:X1STINC _mr UNE $SIAH ,. PROPOSED CArcH IMS1N ce ,. PROPOSED CATCH IMS1N ~ I'I/OPOSED CCNJDU/1 -lHtIt-. D/iS7WG COf{1OUR _ $$ _ Dt1S/ING SD<ll /.Ii' _ - --7 I'ROf'O$ED DfltH 18 SIll. IIE\IISIOH SCAlE: ,.-$0'. GI~rDd\.D"g\PAT\.DAVE05Dl \Ba.5eNlp.dwg D41t Wi HECIWl C'J NOIfTHwrsTfRN 1tRRffORIES, /We. 2005 D4TE: 11/11/05 DrlCC" ~IJQnFN.c; RE PARTNERSHIP A NOR~~~~~ ~;~I=::S. II 52 t( .-s LoT ~Z V4/~ P ~{p1 SU~D1VJSI01? aP 'SLOT 0q 180 ^ 19 W AreaMap N Feel 01/10/2005 14:37 9519247831 MORENO VALLEY 1004 JACE the real estat:e CO. PAGE .02 14100.3/003 01/10/2006 TUB 13:23 FAX 360 4 .....-.- ..---.- -- -.-.-...'". ..--- . . . , ..' ''''," CITY OF PORT ANGELES f : . . '~ ., . · STREET V ACA nON PETITIO .' jAN ;, 0 20D6 i !.!:!.tIt! TO:, The City Council ofth~ City of Port Angele.;, Washington" ~~~f;~~~~t;1ff.~t ... '-~..., , _ _ ',. Come l.1DwiknlIld.crsigned petitiDnelinmd'purs~t to Chapwr"3~:79 "RCW ~octfully show: 1. The undersigned p~tionen; requl::.s1. that the follo~tin.,g doscn"bed portio:o of t.:...s"'T y~ ~ F f S'7. 8tre~t/.AD.~:in 1he City ofP.orl Angel~B be vaca::i:ed pu:rnu.ant to ~ter 35.79 RCW {1egalZy dcsCJ-ibe the 'propertyre:qucitedforwz.ctXtionheltJl1Y. f!xj~ fC....-r (11~/~Jt.e.~e.Md '7~ ,Jor7/... rl o~ (~~ rr. 1X7~ rb'io 51. 1 f sr. 2. Each of the undersigned p~ti.tioners is the owm:r of 8D. interest in real Cl.1ate a.butting on the above desccibod area. . ~. -LpcrBtlXlS own properly wutting on.saiil s.r=a. 4. ''I.hflnaIIlOS and. ad1l.resses ofpmpcrt,y owners ph1,l1::ting OIl snid amas are as :follo'W!il: l:ll!lIl!; 1./ 11 01,1 q 1u:ldre., A-~J~ rr"3J fr/./7w(A-",~ tJr- {'fi..N"I-! S .. . ~ LJ"~,i,.- ~ G-[DJr~ wFf}r.-r:.€ (kVlt1/j 0, J~.shr;,. Tfl. -;;7/1 lV~ I f '7~ /6 'nJ (l. e y-a .sF. "i-r"J 10 W. J f{ .-p~ JT. -, b(; s 0 otr / Q~'t ~'"l:J 'If"J-I.fr)f{7 b1.3D':(}JDe:;-1~O . iff;) ~ '" VIr ot;:3'oO'O Ip9800 ~1 . '" I'..... ~ .,~ fit. . Offl';O (). J1VF~r_~^- III 9P3'J ~. ~ :mdl:rsigned petitionr:rs 'cCXJ,S1:itiItc more than two thirds cffhe owners of said abutting property. ~ORE! the petitioners ~ that pro[;e~di.n.gll be commenced.hereon for b vacation ofsnid area ofsaid e J'i B: II, om st. . SiTeatl~in the1'n"nnr:r~C:I:ib~d in Chapter 35.79 RCW_' ~ R~eotfull.:r submitted. '):\THOle ,A.ddress Cf.d.lM. ~ !~~:? tJ dilJ<;W;(B;. ~ 8M "1/17~/7 .- , ., -..... .,., -...... .. .. - ..... ....... .. . .. .. .... .. .' .~.. ... ,..-.... . . 'I, ... .... .......... .. .:... '._~'--~7J;:;lj~'-"."J7i; Sl~;;~-5;;-:". ....- .""u j;~:=,~,; ;"-:;.;;;; .. FileNo. r't'l"I1 nlf PnJlT AliIf"m1 :Fl1; ~? 1 l=.."l J:Mf1\> ~1'1'/0~\ P /'"l ~nv 'P.nrl J........l~. iliA ~.llll~'l nr.n\ 111., 1."1<:/1 . . . F'" "0' ,R, 'T",c",~" "'N, ',o'G"" .'.,EomiL",E,' IS',' 1 ) i: i! l! l " ! I r ',:,;' I :!" ;- ~ " -'- - ~;~ ~, ~ ~-' '~~'_.! Y . ' . t . .m_ , ........... ............ WAS H I N G TON, U.S. A. CITY COUNCIL MEMO DATE: February 21,2006 To: CITY COUNCIL FROM: Sue Roberds, Planning Manager SUBJECT: Street Vacation Petition - STV 05-04 - Lunderville Resolution setting public hearing Summary: A petition requesting the vacation of City right-of-way has been received. Recommendation: Staff recommends that the City Council adopt the attached resolution settin a uhlic hearin or A ri118, 2006, to consider the street vacation etition. Back~round IAnalvsis: Per RCW 35.79, when a valid petition is received requesting the vacation of right-of-way, the legislative 8;uthority shall, by resolution, fix a time when the petition will be heard and determined. The date shall not be more than 60 days nor less then 20 days after the passage of such resolution. The Council's Real Estate Committee has reviewed the matter and discussed compensation in the event the right-of.,.way is vacated. The matter will be forwarded to the Planning Commission for a recommendation. The subject right-of-way is a portion of unopened "F" Street south of12th Street located north of the Stevens School property that is not needed for City utilities or access purposes. The petition and site map are attached for your review as well as a map identifying right-of-way in the area. 1~.f -'1~fi~~ T:\FORMS\Councilmemo Attachments: Petition and site maps 22 . . . 23 . RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a hearing date for April 18th to vacate a portion of 12th & "F" Street in Port Angeles, Clallam County, Washington. WHEREAS, a petition ison file with the City of Port Angeles to vacate a portion of , "F" Street, Port Angeles, Washington described as follows: "F" Street abutting Lot 1, Block 367 and Lot 10, Block 368, Townsite of Port Angeles, Washington. WHEREAS, the petition has been signed by the owner of more than two-thirds of the property abutting the right-of-way to be vacated; . NOW, THEREFORE, BE IT RESOL YED by the City Council of the City of Port Angeles as follows: Section 1. The petition to vacate the above-described City right-of-way shall be heard and determined by the City Council in the Council Chambers, 321 East Fifth Street, at the Council's regular meeting on April 18th at 7:00 p.m., or as soon thereafter as possible. Section 2. The City Clerk is hereby directed to give at least twenty (20) days notice of the pendency of the petition and the time and place of the hearing in accordance with the provisions ofRCW 35.79.020. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 21st day of February, 2006. . MAYOR 24 -1- ATTEST: Becky 1. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney G:\Legal_ BackupIORDINANCES&RESOLlITIONS\R200S-11 LundervilleStreetVac February IS. 2006 25 -2- .. ..-....., ...-..-- ...........-....--- ..-..~... . CiTY OF PORT ANGELh~~~~ U Wi ~ ~' STREET VACATION PETITIOMJl ! MAY 2 E 2005 I I I " . I I I I The City Council of the City of Port Angeles, Washington - il CITY OF PORT ANGELES . ~ Dept. of Community Development TO: " ""' ""Come'nowtheundersigned'petitioners and pursuant to"Chapter'35.79 RCW "respectfullY show: 1. The undersigned petitioners request that the following described portion of r 5~f- Street/Alley in the City of Port Angeles be vacated pursuant to Chapter 35.79 RCW (legally describe the property requested for vacation below). A II. 1/ F :; ~ We-s fdJ {lIfe 3 r;vg Cb.f!w-e.a-...... Id.-::& f /J-I'V; it. ~D~ I/J-A 2. Each of the undersigned petitioners is the owner of an interest in real estate abutting on the above descnbed area. 3. ..L persons own property abutting on said area. 4. The names and addresses of property owners abutting on said areas are as follows: Name Address . (C.6Iv~b;'-fJtft.J.~ lSo;/b ~. !!J.f3 (f';CJ 'T 50 ;J(fl1v{-~d~ uM- nru' AtJG..€a.~ Ju4ti if L }, fJ71:JC T :i/;-'12l .=t (Co "~~ <f*' .S~ fJ. A, 5: The undersigned petitioners constitute more than two thirds of the owners of said abutting property. WHERE~RE, the petitioners ask that proceedings be commenced hereon for the vacation of said area of said /:J:. :f F . Street/Alley in the manner prescribed in Chapter 35.79 RCW. Respectfully submitted, Name Address c>\D~~~ .;2.1(;, t </,#-S:r; /;4. +-Q/~ (J. A. .s ~-t.(~ ~L S .- . ..f~lt4~-. !:0:~~~~Z::9.._~.,,~~:... ~-." ".'. -.,. .. ..' ," .~- ."~-" ....~ . ...... .. "-'" --. . Phone {S7~kt7) L.j S- ~-l.Drs77 File No. 26 CITY OF PORT ANGELES, 321 East Fifth Street, P.O. Box 1 150, Port Angeles, WA 98362 (360) 417-4750 ~L 3~ 1 l ~'\J'en .~ ~c:lO \ 27 . . . FORTAN ELES f""". , ...1....... ... . WAS H I N G TON, u. s. A. CITY COUNCIL MEMO DATE: To: FROM: SUBJECT: Summary: Currently, the City owns 54 computer monitors, 34 CPUs, 12 printers, and eight laptops that are not in use or need by the City. . They are taking up room in storage. Most are in good condition and could. be sold. Declaring them surplus and available for purchase would help eliminate the need to find additional storage room and the eventual costs of environmentally responsible disposal. Staff recommends the City Council pass the Resolution declaring the above- Ius. Backeround / Analvsis: With many staff members purchasing flat panel monitors, the IT storage area has become flooded with good, working 17" regular monitors. We also have accumulated a number of CPUs, printers and laptops. The City has no need or use for this equipment. Declaring the equipment surplus would not preclude donating to charity if a request was received. Staff would like to immediately dispose ofthis equipment. We believe many ofthe monitors could be sold for $20 to $30 apiece. In the past, these items have been sold at auction for only $1 to $5 each. Anything that didn't sell, then had to be. disposed of at the landfill. The cost of staff time needed to arrange the items for auction, then haul away and dispose of the leftovers, far exceeded the value of the equipment. Declaring all the equipment as surplus and available for purchase will allow the IT staffto dispose of the items as time and opportunity allows. The issue has been discussed with Attorney Bloor, and the items must first be declared surplus by the City Council and may then be disposed of in a commercially reasonable manner, which may include sale to employees. Staff recommends the City Council pass the attached Resolution declaring the monitors, CPUs, laptops and printers as surplus and authorizing the disposal of the equipment in a manner most commercially reasonable and beneficial to the City. 28 . . . 29 .: RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring various computer equipment surplus property, and authorizing disposal of the same WHEREAS, the City of Port Angeles owns 53 computer monitors, 32 computerCPUs, 8 laptops, and 12 printers, more fully described on Exhibit "A" which is attached hereto and incorporated herein, all of which are now in storage; they are not being used by the City and in the forseeable future, they will not be needed or used by the City; WHEREAS, selling or disposing of the aforementioned equipment will provide needed storage space and capital to the City's IT division; and . WHEREAS, the equipment is excess to the City's current and foreseeable needs; and WHEREAS, the fair market value of the property is less than $15,000 and no public hearing is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles as follows: Section 1. The computer equipment as identified above is hereby declared to be surplus to the needs of the City. Section 2. The Finance Director is authorized to dispose ofthe equipment, by sale or otherwise, in the manner she deems most commercially reasonable and beneficial to the City. \. " -1- 30 'j Section 3. The estimated fair market value of the property is $1,170.00. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the _ day of February, 2006. ecky J. Upton, City Clerk PROVED AS TO FORM: illiam E. Bloor, City Attorney Karen A. Rogers, Mayor G :\Legal_ Backup\ORDINAN CES&RESOLUTIONS\R-2006-04 .SurplusProperty. wpd February 16. 2006 -2- 31 . . . Exhibit "A" Monitors: (Working and not working) 34 each Gateway 15", IT' and 19" color VGA monitors 3 each IBM 15", 17" VGA color monitors 7 each 17" VGA color monitors 2 each AST 15" VGA color monitors 3 each Dell 17" VGA color monitors 2 each Viewsonic 17" VGA color monitors 2 each Prinston 17" VGA color monitors Total 53 units, valued @ $10 each............................................................................................ $530 Computers: (Working and not working, data completely cleaned off) 22 each Gateway pentium Will workstations, no operating system I each Emachine pentium IT workstations, no operating system 6 each Clone pentium IIIllI workstations, no operating system 2 each AST 486 workstations, no operating system I each Dell pentium IT workstations, no operating system Total 32 units, valued @ $20 each .................,..............................................,......................... $640 Laptop Computers: (Working and not working; data completely cleaned off) 7 each AST 386/486 laptop computers, no operating system 1 each Panasonic pentium IT laptop no drive, not working Total 8 units, valued @ -0- each.................................................................................................. -0- Printers: (Working and not working) 6 each HP laser printers 3 each Okidata laser 2 each HP Inkjet color printer leach Canon Inkjet color printer Total 12 units, valued @ -0- each ..... ............. ......... .......... ........ ....... ..... ............................... .........-0- TotalFair Market Value of Surplus Equipment ....................................................................$1.170 G:\LegaL Backup\ORDINANCES&RESOLUTIONS\R2006-04.ExhibitA021606. wpd 32 . . . 33 . . . DATE: To: FROM: SUBJECT: ~ORTANGELES WAS H I N G TON, U. S. A. C IT Y C au NC I L M EM a FEBRUARY 21, 2006 CITY COUNCIL BOB COONS, HUMAN RESOURCES MANAGER {Jvt ~ REQUEST APPROVAL OF THE 2006-2008 LABOR CONTRACT BETWEEN THE CITY AND AFSCME LOCAL #1619 Summarv: The City has reached tentative agreement for a new labor contract with the American Federation of State, County, & . Municipal Employees (AFSCME). . The term of the agreement is January 1, 2006 through December 31, 2008. The Union conducted a ratification vote of the new labor contract on February 16th &17th. The contract it is now before the City Council for its approval. Recommendation: Staff recoinmends that the City Council approve the labor contract between the City of Port Angeles and AFSCME, Local #1619, covering the period of January 1,2006 through December 31, 2008, and authorize the Mayor to sign the contract. The recommendation includes retroactive wa es of3.0%, to Janu 1,2006. Backe:round / Analvsis: The prior labor contract between the City and AFSCME expired December 31, 2005. The parties have been in negotiations the past few months and reached agreement for a three-year contract covering the period of January 2006, through December 2008. This Union represents a wall-to-wall bargaining unit, including employees in the Public Works. & Utilities Department (including Parks. & Recreation), the Finance Department, and Community/Economic Development. Employees include maintenance and operations, clerical, professional, engineers, technical occupations, and supervisors. over field crews throughout the City. There are about 85 employees in the bargaining unit. 34 G:\MASTFORM\COUNCIL. WPT Last Revised: 6/29/99 "I The financial terms of the labor contract include the following: · A wage increase of 3.0% for each year of the contract, 2006-2008. · A new benefit of Long-Term Disability insurance. · An increase in night-shift premium pay from $.40 to $.60 per hour. . · Increase for on-call premium pay for employees carrying an after-hours pager from $10 to $12 for weekdays and from $20 to $24 for weekends. This affects 4-5 employees per week in Public Works & Utilities and the Finance Department. · Increase cash out of sick leave accrual in the event of a death, from 25% to 50%. Fiscal Impact: · The cost of the 3.0% wage increase for 2006 represents $144,710. · LTD cost is $26,387 per year, which represents 0.5% as a cost of the wage package. · Night Shift: minimal, as it generally applies only to the street sweeper operator. · On-Call Premium Pay: Estimate cost to be $3,700 citywide for the year. · Sick Leave Cash out in the event of death: minimal since it is used only in the event of the death of an employee and would seldom be used. The fmal labor contract is attached. A copy of the draft contract showing the specific changes is available with the City Clerk. This draft version of the contract has portions that are underlined showing new language and deleted sections, which are indicated by strikeouts. Staff will be available at the City Council meeting for any questions. Staff recommends the City Council approve the labor contract and authorize the Mayor to sign the agreement, including retroactive wages of 3.0% effective January 1, 2006. Attachment: 2006-2008 IAFF #656 Labor Contract . Cc: Mark Madsen,' City Manager Bill Bloor, City Attorney Marty Lemon, President, AFSCME #1619 Vinnie O'Connor, AFSCME Business Representative . 35 G:\MASTFORM\COUNCIL. WPT Last Revised: 6/29/99 . AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND AFSCME LOCAL #1619 . January 1,2006 - December 31,2008 . 36 AFSCME LOCAL #1619 COLLECTIVE BARGAINING AGREEMENT TABLE OF CONTENTS ARTICLE I - GENERAL PROVISIONS Section A - Entire Agreement Section B - Acknowledgments Section C - Recognition Section D - Savings Clause Section E - Non-Discrimination PAGE 1 1 1 2 2 . ARTICLE II - RIGHTS OF PARTIES Section A - Management Rights Section B - Employee Rights Section C - Union Security Section D - Labor-Management Committee Section E - Negotiating Committee Section F - Payroll Deductions Section G - Notice of Work Rule Changes Section H - Personnel Records Section I -Vacancies Section J - Hiring and Transfers Section K - Disciplinary Procedures Section L- Union Presence During Orientation of New Employees Section M - Community Service Workers 3 3 4 4 4 5 5 5 5-6 6-7 8 8 8-9 ARTICLE III - WORKING CONDITIONS Section A - Hours of Work and Work Days Section B - Meal Periods and. Rest Periods Section C - Shift Changes Section D - Work Stoppages Section E - Layoff Procedures Section F - Performance Evaluations Section G - Wage Freeze (Y -Rating) 10 10 10 11 11-13 13 14 . ARTICLE IV - COMPENSATION Section A - Wages Section B - Longevity Pay Section C - Night Shift Premium Pay Section D - Overtime Compensation Section E - Call-Back Pay Section F - On-Call Pay Section G - Compensatory Time Section H - Temporary Assignments Section I - Higher Class Pay Section J - Certifications Section K - Tuition Reimbursement Section L - Benefits for Temporary Employees 15 15 15 15 16 16 16 16 16 17 17 17 . 37 . . . ARTICLE V - PAID LEAVE TIME Section A - Vacation Section B - Sick Leave Section C - Holidays 18 18-20 20 ARTICLE VI - HEALTH AND WELFARE BENEFITS Section A - Health Benefits Section B - Term Life Insurance Section C - Deferred Compensation Section D -IRS 125 Account Section E - Long-Term Disability Insurance ARTICLE VII - GRIEVANCE PROCEDURE ARTICLE VIII- DURATION OF AGREEMENT 21 21 21 21 21 22-24 25 38 ARTICLE I - GENERAL PROVISIONS . Section A - Entire Aareement The Agreement expressed herein in writing constitutes the entire Agreement between the parties, and no oral statement shall add to or supersede any of its provisions. Section B - Acknowledaments The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, each voluntarily and unqualifiedly agrees to waive the right to oblige the other party to bargain with respect to any subject or. matter not specifically referred to or covered in this Agreement. Section C - Recoanition The City agrees to recognize the Union as the sole collective bargaining agent for all regular full-time, regular part-time, and temporary employees who work at least 1/6th time, and excludes work study and college intern programs, except employees of the Police and Fire Departments, Equipment Services Division, and the employees excluded pursuant to RCW 41.56.122 and 41.56.030. Position Tvpes Defined. A description of types of positions employed with the bargaining unit of this Agreement are defined as follows: . 1. Regular Employee - a person employed by the City in a capacity which is on-going and for which no specific termination point has been established and who has successfully completed his/her six (6) months' probationary period. 2. Regular Part Time Employment is defined as a position with work assignments that are on a continuous. and re-occurring basis that is limited to less than full time and is budgeted annually as a regular part time position. These positions may be half time, three-quarters, or other portions of a year and are eligible to accrue pro-rated benefits. The threshold for pro-rated benefits is regularly working at least 70 hours or more per month during the calendar year. If the regular part time position is one-half time or greater, the position is afforded medical, dental, and vision benefits the same as a regular full time employee 3. Temporary Employment is defined asa position that is used in a full time or part time status to cover a specific need for a defined period of time, such as a leave of absence, injury,iIIness, short-term increased workload, special project or a similar situation, which replaces a regular employee. Positions will not be extended beyond 18 months unless mutually agreed to by the City and the Union. . 39 . . . 4. Seasonal Employment is defined as a position that works, full time or part time and is laid-off at the end of the season. Seasons for any Division shall be determined by the needs of the department, but shall not exceed 8 consecutive months. Seasonal employees may not serve longer than 8 consecutive months of City employment. The pay range shall be Range 6, Step 1 of the salary schedule. Seasonal employees shall not be placed on standby, called out, or work overtime unless regular part time or full time employees within the division are offered the work and decline or are not available for these assignments. 5. Probationary Employee - an employee working a test period of six (6) months during which he/she is required to demonstrate his/her abilities to perform the duties of the position to which he/she is appointed by actual performance of these duties. Newly hired probationary employees may be discharged without cause during this period, without recourse. to the grievance procedure. Article VII. Probationary periods shall apply to employees promoted to a new classification in accordance with Article II, Section J. Both regular and temporary employees may be employed on a full-time or part-time basis. . . Summer youth employees hired during the summer youth employment program will not be eligible for or considered for promotional opportunities. Section D - Savinas Clause It is the intent of the parties to this Agreement to comply with all applicable laws and believe that all portions of this Agreement are lawful. All of this Agreement shall be complied with unless any such provision shall be declared invalid or inoperative by a court of final jurisdiction. In such event, either party may request renegotiation of the provision(s) declared invalid. The unaffected portions of the Agreement shall remain in full force and effect for the duration of the Agreement. However, any new provisions shall have no effect on the remaining provisions of this Agreement. Section E - Non-Discrimination The City and the Union agree that they will not discriminate against any employee by reason of race, creed, age, color, sex, national origin, religion, handicapped status, marital status, or membership or non-membership in the Union. Wherever notations are used in the masculine gender, they are intended to apply equally to either gender. 2 40 ARTICLE 11- RIGHTS OF PARTIES Section A - Manaaement Riahts . The City and its management representative shall retain all customary rights, powers, functions, and authority normally reserved by management consistent with State law, local ordinance, and Department rules and regulations, and shall include but not be limited to the following: 1. Determine the mission of the City and respective Departments, Commissions, and Boards. 2. Set standards of service and performance standards, establish Department policy/ procedures, work rules/regulations, safety procedures, and personnel policies and procedures. 3. Select, increase, diminish or change equipment, vehicles, machinery, etc., including the introduction of any and all new, improved or automated methods or equipment. 4. Assign work and establish work schedules. 5. Engage in all types of personnel transactions and disciplinary proceedings in accordance with established ordinances and rules, and Department Policies and Procedures. 6. Effect a reduction in authorized positions because of a . lack of work, fiscal limitations, organizational changes, or other legitimate reason. 7. Determine the number and classification of personnel. . 8. Take any action necessary to carry out its mission in an emergency. Section B - Emplovee Riahts The Rights of Management may be limited and/or restricted by prOVIsions of this labor Agreement, Federal law, State law, or an appropriate judicial authority. 1. All changes, modifications, or additions to written City policies, work rules, or regulations shall be posted for a minimum of thirty (30) calendar days. 2. All written City policies, work rules, or regulations will be uniformly applied. 3. Employees shall have the right to participate in opportunities for career development through such avenues as orientations, training seminars, and related activities. Additionally, continuing education for all employees is encouraged. 4. No undisclosed audio or video recordings shall be made of any employee on the job covered by this contract without the written consent of the employee, except in criminal investigation matters involving law enforcement agencies. 5. No employee will be required by the City to submit to a polygraph test or personality test as a condition of continued employment. . 41 3 . . . Section C - Union Security It shall be a condition of employment that all present employees of the City covered by this Agreement who are members of the Union, or choose to become members, in good standing on or after the effective date of this Agreement, shall remain members in good standing. It shall also be a condition of employment that all employees covered by this Agreement who are hired on or after the effective date of this Agreement, shall remain members in good standing. It shall also be a condition of employment that all employees covered by this Agreement who are hired on or after its effective date shall, on the first pay period after submittal of dues authorization to Payroll, become and remain members in good standing in the Union. For the purposes of this Section, the execution date of this Agreement shall be considered as its effective date. The City agrees not to keep in its employ in the classification listed herein anyone whose membership in the Union has been terminated because of failure to tender periodic dues or initiation fees uniformly required as a condition of acquiring or retaining membership in the Union. All new employees failing or refusing to secure membership in the Union shall,as herein above provided, upon written demand of the Union, be released from the employ of the City. If an employee objects to joining the Union, based on bona fide religious tenets, the employee shall pay an amount of money equivalent to initiation fees and Union dues to a non-religious charitable organization mutually agreed upon by the employee and the Union. The employee shall furnish written proof to the Union that such payment has been made. If the employee and the Union do not reach agreement on the organization, the Public Employment Relations Commission shall designate the charitable organization. It is understood and agreed that this clause on "Recognition" does not require the City to violate any Federal or State law against discrimination in the hiring and firing of personnel and the Union agrees to indemnify the City for any loss the City may suffer from a charge of discrimination in carrying out its obligations under this clause. Section D - Labor/Manaaement Committee In the interest of mutual trust and open communication between the parties and to improve employee/employer relations, the parties agree to establish a Labor/Management Committee to meet on a quarterly basis as a minimum or as needed upon the request of either party. Prior to meeting, each party will submit an agenda of items to be discussed. .. Each party shall have the right to select a reasonable number of members for the Labor! Management Committee. Attendance by any employee is permitted as long as staffing needs are adequately met and with advanced approval of the Supervisor. Section E - Neaotiatina Committee The Union Negotiating Committee shall consist of four (4) employees, chosen by its members, who are regularly employed by the City, and the designated representative of the Union's Council #2. 42 4 The City and the Union recognize that the employees'official personnel file relative to any personnel actions (i.e., promotion, disciplinary actions, performance evaluations, pay status, etc.) shall be kept and maintained in the Human Resources Office. Departments may keep and . maintain employee personnel files but such infonnation in the Department files shall not be used relative to taking personnel actions. i-- Section F . Pavroll Deductions 1. Deductions: It is agreed that the City shall permit payroll deductions for Union dues or other memberships, properly requested through payroll deduction authorization procedures established by the City, on a bi-weekly or monthly basis. Additional requests are subject to any data processing limitations for space. Remittance of the aggregate amount of all such Union-related deductions made from employees' salaries shall be made to the Union within procedures established by the City, normally within one week after the City pay day. 2. Indemnification Clause: The Union agrees to indemnify and hold the City harmless from - any errors or omissions which may arise as a result of the application of this provision. Such errors or omissions will be corrected for the next payroll period in which such withholdings occur. Section G . Notice of Work Rule Chanaes The City agrees to notify the Union in writing of any changes to work rules/regulations at least twenty (20) working days prior to implementation. At the request of the Union during this time period, the City agrees to discuss the proposed changes to such work rules/regulations, prior to implementation. Section H . Personnel Records Any employee may review his personnel file in the Human Resources Office or within the Department upon request, with reasonable notice, and may have a copy of any information contained in the file( s). Whenever a Department Head places information concerning the employee in the official personnel file, a copy will be provided to the employee. If such information is the result of disciplinary action or an unsatisfactory performance evaluation, the employee may submit a rebuttal which shall be made part of the employee's personnel file. Such a response, however, by the employee shall be within thirty (30) calendar days of receipt of the disciplinary action or performance evaluation and be of reasonable length. Section I - Vacancies 1. Regular and regular part-time vacant positions shall be posted internally for Ten (10) working days. Workdays shall mean Monday through Friday. Job postings shall indicate the deadline to file applications with the Human Resources Office. The posting will state that no applications will be accepted after the closing deadline, however applicants may submit letters of reference, resumes, or other relevant job-related information to accompany their application after the closing date. The job description shall be attached to the job postings for information relative to the assigned duties and qualifications. 5 43 . . . All job postings shall be posted 01) a suitable bulletin board in each City department having employees covered by this agreement. These bulletin boards shall also have a place for official Union business. 2. 3. Seasonal/temporary employees represented by the Union will be considered internal applicants for entry level positions if they are currently working or for a one year period following their date of separation. 4. When a regular position is no longer required, the City will notice the Union that the position is being abolished or if the position is not being filled for a period of time. The Human Resources Office will provide written notice to the Union President of this action. 5. Individuals who worked as temporary/seasonal employees for the City, in classifications represented by Local #1619, shall be eligible to compete as internal applicants for vacancies. Temporary/seasonal employee's eligibility as internal applicants shall be limited to 12 months from their last date of employment with the City. Section J - Hirina and Transfers List of classifications represented by AFSCME #1619, promotional and entry level. Entry Level Classes Switchboard Operator Events Coordinator Custodian Utility Worker 1/11 Water Quality Tech. 1/11 Eng. CADD Tech. Associate Planner IT System Coordinator Aquatic Coordinator Maintenance Carpenter WWTP Oper. 1/11 IT Support Specialist Eng. Permit Specialist Cashier Cemetery Assistant Meterreader Building Inspector Utility Billing Spec. Elect. Ehg. Spec. System Analyst Bldg. Permit Tech. Aquatic Supervisor Accountant Recycling Coord. Payroll Specialist Asst. Civil Eng.11I1 Landfill Scale Attendant Administrative Specialist I Parks Caretaker Permit Technician Accounting Technician Assistant Planner Utility Engineer Engineering Specialist GIS/CADD Specialist II Laboratory Specialist Customer Service Rep. Recreation. Coordinator Administrative Specialist Trainee Solid Waste Supvr. Parks Facility Caretaker Water Maint. Supervisor Entry Level Position: The City will notify the union whether entry-level positions will be filled internal only or in conjunction with external recruitment. If the City recruits both internally and externally for entry-level positions, the internal candidates will be evaluated and considered before external candidates. The City will communicate with the union regarding external hires. However, this does not restrict the City from hiring externally even if internal candidates may meet the minimum qualifications. The City . reserves the right to hire the best-qualified candidate, as detennined by the City. Promotional Classes WWTP Oper.1II Water Qual. Tech. III Backflow Inspector Parks Leadworker Sr. Maint. Carpenter Leadworker Meterreader II Senior Cashier Cust. Servo Supvr. Admin. Spec. II 6 44 Any changes in the qualifications for a position covered under this contract will require the City to notify the Union prior to posting a recruiting notice. Promotional Positions: Promotional positions are those listed on the addendum to the contract. These classifications will be filled from within the existing regular full time or regular part time employees. as long as the employees have an above average-performance rating and meet or exceed the qualifications for the classifications or there are three or more qualified employees competing for the position internally. In the event there are no qualified candidates internally, the City may recruit externally, however, prior to this the city will notify the Union of the decision. Unsuccessful internal candidates will be provided with an explanation. .1 An employee promoted into a higher classification will be required to serve a six-month probationary period to demonstrate their ability to perform the duties and responsibilities of the higher class. In the event the employee fails to complete the probationary period, excluding termination for cause, the employee shall be placed back into the position held prior to the promotion at the same salary step the employee received before the promotion. The Union recognizes that failure to complete the probationary period may result in a layoff or termination of an employee to accommodate the return of the promoted employee to their former position. In evaluating the qualifications of internal candidates for promotions, the City will consider the following criteria and use education, training, and experience within and outside City employment: 1. 2. 3. 4. Work related experience and abilities. Education and training related to the position. Work performance as indicated in performance evaluations. Supervisory experience, if applicable. . Transfers: For purposes of this Agreement, a transfer is when an employee in a position in one classification transfers to another position in the same classification. In the event an employee is interested in a transfer, the employee shall submit a transfer request to the affected Department Head(s). If the employee meets the qualifications for the position in question, and the affected Department Head(s) agree to the transfer, a Personnel Action Form will be processed to initiate the action. The transferred employee shall remain at the salary range and step held prior to the transfer, without adjustment of the anniversary date for the employee's step increase. An employee transferring to another position within the same classification will not be required to serve a probationary period. An employee shall have the right to revert back. to his/her previous position for a period of thirty (30) calendar days, or prior to the posting of his/her previous position. . 7 45 . . . Section K - Disciplinary Procedures. 1. All discipline for employees covered under this Agreement shall be for just cause. In the event of discipline (excluding verbal admonishments), the employee's Division Manager will provide the employee with written notice of such discipline, including specific violations, prior to the imposition of disciplinary action, unless immediate action is warranted. 2. 3 An employee that is subject to discipline that results in the loss of compensation, demotion, transfer, or loss of benefits shall use the grievance procedure of the labor contact. Step one of the grievance procedure will begin with the Division Manager. . See Article VII, Grievance Procedures._ 4. The employee is entitled to representation at all stages of the disciplinary process. 5. Verbal admonishments, letters of caution, or letters of reprimand are not appealable to the grievance procedure. However, if a written reprimand is placed in the employees personnel file, the employee may submit a written reply for placement in the personnel file. A letter of reprimand isa formal letter and considered a discipline action andwill be placed in the employee's personnel file. A letter of caution is not a reprimand. Neither a letter of caution or verbal admonishment will be counted as a prior offence in determining a range of appropriate remedies, unless the same or similar offense later occurs. At the request of the employee, written reprimands will be reviewed and considered forremoval from the personnel file after eighteen (18) months if there is not a recurrence of any disciplinary action. . 6. In the event the employee receiv,es a letter of caution, as a form of minor discipline, the department will retain the docum@nt for a period of 3 - 12 months and if no further action is necessary to correct the problem, the letter shall be destroyed and not placed in the employee's personnel file. . This process will be for minor personnel issues such as attendance problems, corrective action on performance, and other similar type activities. The employee may submit a written reply, which will be maintained with the letter of caution. Section L - Union Presence Durina Orientation of New Emplovees A union representative will be allowed adequate opportunity to address new employees during the Human Resources Office orientation process. The Human Resources Office shall provide a list of all new employees, their classification, and hire date to the local union president on a monthly basis. Section M - Community Service Workers The union agrees that the City has the right.to use Community Service Workers. The City will limit the number of Community Service Workers assigned to each employee from 1-5, depending upon the type of work and size of the work project. Prior to employees being assigned a Community Service Worker(s), employees will receive training on their responsibilities, what to do in the event of a problem, and the name of someone to call in their department if assistance is needed. 8 46 Community Service Workers will be assigned a variety of menial work, including but notlimited to vegetation control (manual, walk-behind mower, or weed-eater); litter control; washing vehicles; painting and cleaning of buildings/grounds. Community Service Workers will not . operate City vehicles. The City agrees that Community Service Workers will not displace regular City employees. . . 4' ARTICLE III . WORKING CONDITIONS Section A . Hours of Work and Work Davs . For employees covered by this Agreement, the normal hours of work shall consist of: Work Week - The normal work week for regular full-time employees shall be 40 working hours, consisting of five (5) consecutive days on duty and two (2) days off, except where employees are working a 10 - 4 work schedule. Other alternative work schedules may be established by mutual agreement. Regular part-time employees shall work hours as assigned and the individual work week may vary. . . Work Dav - The normal work day consists of eight (8) consecutive working hours in a twenty- four (24) hour period. The work shift shall be determined by the City. Section B . Meal Periods and Rest Periods An employee will not be required to work more than four (4) consecutive hours without a meal break.. The superintendent or supervisor shall determine the time for such a meal period, which shall be non-paid time and shall be for thirty (30) minutes in length. During an overtime assignment in which the employee is entitled to a meal period as defined above, the City will pay the cost of the meals based on City policy (IRS rates). Mealtime shall be as follows: breakfast, 3:00 am to 9:00 am; lunch 9:00 am to 3:00 pm; and dinner 3:00 pm to 3:00 am. An employee is responsible for his/her own meal if overtime is scheduled four or more hours in advance of the overtime shift. In the event an employee working overtime will complete the work within a reasonable period of time after the six (6) hours qualifying for a meal period, in the judgment of the supervisor, the project may be completed without the meal break and the employee will be entitled to the cash payment for the meal, based upon the above meal rates. Employees working 8-hour shifts shall be entitled to two (2) 15-minute rest periods; one during the first half of the 8-hour shift, and one during the second half of an 8-hour shift. Break times are scheduled by the superintendent or supervisor per department/division needs as to not interfere with City business and such breaks or meal periods shall not be accrued for use at a later time. The morning and afternoon breaks shall be taken in the field at the crew's current work site, unless the type of work being performed is not compatible due to efficiency, safety or other legitimate reasons with a break in the field. The superintendent or supervisor shall, at the beginning of the day when assigning the woFk, determine if it is appropriate for the crew to take their morning and/or afternoon break in a location other than at the job site. Section C . Shift Chanaes 1. The City may, at its discretion, change an employee's work shift. In the event of a shift change, the City shall provide a minimum of ten (10) calendar days advance notice to the employees affected. However, such advance notice is not required in an emergency situation, as declared by the Department Head. An emergency is defined as an unanticipated. event or occurrence. 2. The City shall not pay overtime to employees resulting from a scheduled shift change, unless the hours worked are in excess of those identified in Article IV, Section D. 480 Section 0 - Work Stoppaaes 1. The City and the Union agree that the public interest requires the efficient and uninterrupted performance of all City services, and to this end, pledge their best efforts to avoid or eliminate any conduct contrary to this objective. During the life of the Agreement, the Union, its officials and representatives, shall not cause or condone any work stoppage, strike, slowdown or other interference with City functions by employees under this Agreement, and should same occur, the Union agrees to take appropriate steps to end such interference. Employees shall not cause or engage in any work stoppage, strike, slowdown or other interference with City functions for the term of this Agreement. Any work stoppage, strike, slowdown or other interference with City functions by employees under this Agreement shall constitute just cause for discharge or other disciplinary action, in accordance with Article II, Section A, Management Rights. All wages and benefits of those engaging in the work stoppage shall terminate immediately upon the start of any work stoppage or interference. 2. Unauthorized Stoppaaes. In the event, however, that there is a work stoppage or any other interference with City functions which is not authorized by the Union, the City agrees that there shall be no liability on the part of the Union, its officers or representatives, provided that in the event of such unauthorized action they first meet the following conditions: a. Within not more than twenty-four (24) hours after the occurrence of any such unauthorized action, the Union shall publicly disavow the same by posting a notice on the bulletin boards available, stating that such action is unauthorized by the Union; The Union, its officers and representatives shall promptly order its members to return to work; The Union, its officers and representatives, will, in good faith, use every reasonable effort to terminate such unauthorized action. b. c. 3. No Lockout. The employer agrees not to lock out employees during the term of this Agreement. 4. Primary Picket Line. Employees who refuse to cross a local, primary picket line, as recognized by the Union, shall not constitute a violation of this Agreement and shall not be cause for discharge or disciplinary action, provided such action by an employee shall be taken without pay if re-assignment is not feasible. If the Union or employees refuse to cross a primary picket line, the Union will provide notice immediately to the City so arrangements may be made to provide continued public services. Section E - Lavoff Procedures 49 11 . . . . . Any correspondence between the employee and the City shall be through the Human Resources Office. Any regular full-time City employee who is laid off shall have his/her name placed on a recall list for the classification which he/she was laid off from, and for any lower classification in which the employee is qualified and has more seniority than another employee on the list. If the employee has never held status in that classification, he/she will serve a probationary period. The employee's name shall remain on the recalllist(s) for a period of twenty-four (24) months from date of layoff. It shall be the responsibility of each person on the layoff Iist(s) to keep the City informed of his/her current address and telephone number. Persons shall be recalled in the inverse order of layoff. The City shall have the right to remove any name from a layoff list if no response is received from a person on such list within fourteen (14) calendar days after the City has mailed a certified letter (return receipt requested) to the person's last known address. 2. Order of Lavoff. The City shall first attempt to achieve the required reduction of the workforce through attrition. If this is not possible, then: a. Layoff shall be by classification within a department. Prior to a regular full-time employee being displaced within a department, to the extent needed for reductions and for the affected classification, any volunteer (working without compensation in a recognized classification), temporary, part-time, seasonal or outside person (federal, state, or county) shall be laid off first within the affected department. In the Parks Department, this includes summer youth employment employees. b. The least senior regular full-time employee in an affected classification shall be subject to layoff, so defined in subsection 5 of this subsection. The employee subject to layoff shall have the right to bump a less senior employee in a lower or lateral. classification for only those positions in which the employee meets the minimum educational, experience, technical skill qualifications, and any certification requirements for the position as indicated in the job description and has experience in the lower and/or similar classification sufficient such that technical on or off the job-site training, other than orientation, shall not be required and assumption of the position shall not result in a loss of productivity or interruption of work. Lateral classification is defined. as any position within the department of equivalent pay grade lateral transfers in lieu of layoffs shall not be subject to an additional six-month probationary period. c. Time served in a different classification:. An employee may have had a title change or been involved in a reclass or consolidation of classes during his employment with the City. For purposes of layoff, classification seniority will include time served in another class within the same occupational area and be added to his/her time in his/her present classification. Example: Equipment Operator I-II was abolished and consolidated into the Maintenance Worker II class. Time as a Equipment Operator will be added to time as a Maintenance Worker. d. In the event of a layoff, the City shall identify the position(s) scheduled for layoff and then meet with the Union to review the seniority for the affected employees. 3. Recall Rights: Any regular full time employee who is laid off shall have his/her name placed on a recall/ist for the classification which he/she was laid off from, and for any lower classification in which the employee is qualified and has more seniority than another employee on the list. If the. employee has never held status in that classification, he/she will serve a probationary period. 50 12 The employees name shall remain on the. recalllist(s) for a period of twenty-four (24) months from the date of layoff. It shall be the responsibility of each person on the layoff Iist(s) to keep the City informed of his/her current address and telephone number. Persons shall be recalled in the inverse order of layoff. The City shall have the right to . remove any name form a layoff list if no response is received from a person on such list within fourteen (14) calendar days after the City has mailed a certified letter (return receipt requested) to the person's last known address. 4. Service Time - Lavoff: Employees who separated from City employment because of budgetary reasons and returned to City employment within twenty:"four (24) months, in accordance with the Layoff Procedures, shall be entitled to count the length of time of their prior City service for purposes of accrual of vacation, sick leave, and longevity pay. 5. Senioritv. a. Definition:. Seniority shall commence from the most recent date of regular full- time or regular part-time employment with the City. Seniority shall not apply until an employee has completed the applicable probationary period. A break in seniority shall be defined as a break in service greater than thirty (30) working days while the employee is on non-paid status. Upon the completion of the probationary period, the employee shall be credited with seniority, vacation and sick leave accrual, from the adjusted date of hire. Time worked asa temporary or project employee shall be considered as equal to regular employment, provided there is no break in service. Seniority shall be computed upon the adjusted hire date. b. Seniority status shall terminate upon the following: discharge, resignation, retirement, failure to return from an approved leave of absence, layoff of more than twenty-four (24) consecutive months, or, if recalled from layoff, within fourteen (14) calendar days from notice of recall from layoff, should the employee not return to work. . c. Time on approved leaves of absence and layoff will not count towards the computation of seniority. d. The City Human Resources Manager will provide the Union with a seniority list upon request. It shall be each member's responsibility to verify the accuracy of the calculation of his/her seniority. Section F - Performance Evaluations This section applies to regular full time and regular part time employees. Seasonal or temporary employees are considered "at will" employees and may be terminated with.or without cause during their employment and are not provided with performance evaluations on a regular . basis. For new hires, performance evaluations will be conducted on probationary employees at. 3 months and at 6 months. After completion of the probationary period, performance evaluations will be conducted on an annual basis. Special evaluations. may be conducted at any time for performance related issues that may arise. . 13 51 . . . Employees that are eligible for a merit step increase will have their performance evaluations completed and the personnel action form processed within 30 days of the employee's anniversary date. Exceptions to this time period is for reasons that may be related to the .. employee requiring additional time for their comments or similar situations that delay the processing of the evaluation or personnel action form. Section G- Waae Freeze (Y -Ratinal : In the event the City and the Union mutually agree to conduct wage surveys and an employee's wages are frozen (called "Y-Rating"), the City agrees to provide a COLA equal.to one-half of the annual cost of living adjustment, until such time as the employees salary catches up with the established salary range for the position. This provision does not apply to department reorganizations, consolidations, or reductions in force. For these types of employer actions, the City agrees to meet with the Union to bargain the impact of the decision and upon the affect to employees. Because these employer actions vary in scope and complexity, they will be handled on a case-by-case basis. If an employee's wages are reduced due to the organizational change, the City will bargain the affect with the Union before any action is taken. The City will attempt to administer employee wage reductions issues in a fair and consistent manner. 14 52 ARTICLE IV - COMPENSATION . Section A - Waaes. Effective January 1, for each year of the contract, the represented classes shall receive an across the board wage increase of 3.0%. The wage increase of 3.0% for 2006 shall be retroactive to January 1, 2006. Section B - Lonaevity Pay Longevity premiums based upon the monthly salary shall be added to salaries in accordance with the following. schedule: . Completion of five (5) years' service Completion of ten (10) years' service, an additional Completion of fifteen (15) years' service, an additional Completion of twenty (20) years' service, an additional 2% 2% 2% 2% . . . Longevity premiums shall be paid beginning with the first full pay period following the completion ofthe eligibility requirements. For the purpose of determining eligibility for longevity premiums, service shall be limited to time served in good standing as. a full paid regular employee of the City Departments covered by this Agreement. Section C- Niaht Shift Premium Pay Employees whose regular assignment is a night shift shall receive night shift premium pay equal . to $.60 per hour. Night shift shall be defined as hours that begin between 11 :00 pm and 4:00 am and continue for 8 consecutive working hours. Section 0 - Overtime Compensation 1. Overtime shall apply for all hours compensated in excess of eight (8) hours in a workday, ten (10) hours in a workday if the employee is on a 4-10 work schedule, or forty (40) hours per week. 2. Scheduled overtime hours worked shall be paid at the rate of time and one-half the employee's regular rate of pay. 3. If an employee works on a named holiday (excluding floating holidays), the employee shall receive pay at the overtime rate for those hours worked on the holiday, in addition to their holiday pay. 4. Overtime pay shall not be compounded with any other form of compensation paid to the employee. 5. Overtime work is a condition of employment, when called upon to meet the operational needs of the Department. However, the Department shall attempt to assign overtime in a fair and equitable manner whenever possible. . 15 53 . . . Section E - Call-Back Pay An employee called back to work for non-scheduled overtime shall be compensated a minimum of two (2) hours at double the employee's regular rate of pay. Hours worked beyond the two (2) hour minimum shall continue to be paid at this rate until relieved of duty or the employee's regular shift begins. Section F - On-Call Pay Employees assigned to be "on-call" will be compensated during the period of time they are on- call. The compensation will be $12 per day, Monday through Friday, and $24 for Saturday, Sunday, and holidays recognized in this Agreement. Additionally, all work performed after the employee's regularly scheduled shift will be paid at the time and one-half rate, with a one (1) hour minimum. Work performed not related to the initial on-call duty, as directed by the supervisor, shall be paid at double time, less the first hour, which is paid at time and one-half. Section G - Compensatory Time An employee assigned to work overtime may, at the option of the employee; receive compensatory time in lieu of cash payment for overtime or call back worked. . Such compensatory time earned shall not exceed eighty (80) hours and may be taken off, subject to supervisory approval. All overtime hours worked in excess of the eighty (80) hours per calendar year shall be paid in cash. Scheduling of compensatory time may be taken in a little as one- hour increments, with prior approval of the.affected supervisor. .. Compensatory time is earned at the rat{3of one and one-half hour of compensatory time for each hour of overtime or call back worked, calculated to the nearest thirty (30) minutes. Section H - Temporary Assianments Temporary assignments will be filled by the qualified senior employee in the Department or major Division, provided that (a) the senior employee desires the temporary assignment, and (b) that there are no other senior employees who have comparable time in service; in whicD cas~, temporary assignments would be rotated among senior employees having comparable time in service. Comparable time in service is defined to be when the hiring date of an employee is within one (1) year of the hiring date of the senior employee. Provisions for temporary assignments apply only to positions covered by this Agreement. Section I - Hiaher Class Pay When an employee is assigned to work in a higher classification for four or more consecutive hours, the employee shall be paid higher class pay at a salary level for the higher class which reflects a typical one-step increase above . the current base wage, for the duration of the assignment, calculated to the nearest thirty (30) minutes. When employees are assigned to work in a classification outside of the contract for four (4) or more consecutive hours, their compensation shall be determined by first adding their base wage and longevity (if eligible) and then either placing them at Step A of the higher scale or providing them a five (5) percent wage adjustment, whichever is greater. 16 54 Section J - Certifications The City agrees to provide the cost of obtaining and retaining job-related certificates or licenses, including tuition, books, and time with pay if necessary to attend seminarsl workshops. The City also agrees to pay for the certification, maintenance and annual renewal fee. . An employee interested in obtaining a job-related certificate or license must provide a written request to the employee's supervisor and subject to Department Head approval. Section K - Tuition Reimbursement The City shall reimburse employee expenses for books and college tuition for approved job- related course work per established City procedures, on the basis of 75% of such costs paid by the City and 25% paid by the employee. However, if funding is provided by another agency or source, the City's liability is 75% of the unfunded portion. Section.L - Benefits for Temporary Emplovees 1. Holiday Pay: Any full time temporary employee who completes six (6) months continuous service with the City shall receive time and one-half for work on a holiday 2. Accrual of Sick Leave and Vacation Credit: Full time temporary or seasonal employees hired into a regular full time City position shall be pursuant tothefollowing procedures: Accrual of sick leave and vacation shall be credited to the employee from their initial date of hire as long as there is not a break in service of 30 calendar days or longer. If such a break in service has occurred, the date for crediting the employee with sick leave . and.vacation credits shall be the date the employee was re-hired following the break in service. An employee shall not receive any sick leave or vacation credit for any workweek of less than full time in determining the retroactive accrual credits. . .. . Sick Leave credits may be used by the employee immediately per City policy. Vacation may not be used or accrued until the employee has completed their probationary period, and the contract provisions governing vacation shall apply. 3. Retirement Contributions for Temporary Emplovees Regular part-time or temporary employees shall contribute into the Public Employees Retirement System, in accordance with the law. 4. Medical Benefits shall be available to full-time temporary employees according to the following rules: a. Six (6) months of consecutive full-time employment - medical benefits available at employee expense. b. Eighteen (18) months of consecutive full-time employment - City pays medical premiums. . sl! ARTICLE V - PAID LEAVE . Section A - Vacation . . Annual leave with pay shall accru~ to each full-time employee of the City at the following rates: 1. Effective January 1, 1988, annual leave with pay will accrue at the following rate: Upon Completion of: Hours Work Davs 1 through 5 years 88 hours 11 6 through 10 years 128 hours 16 11 through 15 years 168 hours 21 16 through 20 years 208 hours 26 21 through 25 years 248 hours 31 2. Annual leave will be granted full-time regular employees only after the completion of the 6-month probationary period. Thereafter, the leave credited for any month of service may be taken in any subsequent month; provided, however, application for such leave will be made in advance and approved by the Department Head. 3. No employee shall be permitted to accumulate annual leave in excess of the amount earned over a two (2) year period and such leave is subject to provision "2" stated above. 4. An employee may cash out up to 40 hours of vacation per year, subject to the following provisions: The employee must maintain a minimum of 200 hours of combined sick leave and vacation time at the time of the request and must maintain at least 80 hours of vacation. In September of each year, an employee that wants to cash out a portion of his/her vacation hours will submit a request to Human Resources on the vacation cash out form. The employee may then cash out the vacation during the following calendar year by sending a copy of the request to payroll. Vacation cash out will be on a regular paycheck. Section B - Sick Leave The.use of sick leave benefits is considered a privilege and nota right, and may only be used in the event of actual illness or disability to the employee or family member as provided for in this Agreement. In the event of a serious illness to an employee who has exhausted his/her sick leave accrual, the City Manager may advance sick leave credits. However; approval or denial of such a request is at the discretion of the City Manager without the right to grieve the decision. 1. Sick Leave Accrual: Sick leave shall accrue at the rate of 3.69 hours per pay period for all regular full-time employees covered by this Agreement. Regular part-time employees shall accrue sick leave on a prorated basis, based upon the budgeted allocation of hours for the position. The maximum sick leave accrual is unlimited for employees eligible to accrue sick leave. Sick leave shall continue to accrue white the. employee is on authorized paid leave. 18 56 - 2. Notification Requirements: An employee requesting sick leave usage must provide the proper notice as established by the Department Head. When a Department Head has reasonable cause to believe that an employee has misused his/her sick leave benefits. the Department Head may require the employee to provide proof of illness from a medical doctor. . 3. Use of Sick Leave: Sick leave may be used for the following: a. Illness or injury to the employee. on or off the job. resulting in an inability of the employee to perform his/her work. b. Illness/injury to the employee's immediate family requiring the attendance of the employee to medically care for the family member. Proof of this medical need may be requested by the City in the form of a doctor's verification. Immediate family. for purposes of sick leave benefits. is defined as follows: Immediate family shall include persons related by blood. marriage, or legal adoption, which includes: parent. wife. husband. brother. sister. child, grandparents. grandchildren. and any relative living in the employee's household. Use of sick leave is limited to three (3) days per incident, unless additional time is approved by the Department Head. or the employee qualifies under the Family Leave benefits. c. Funeral Leave: Sick leave may be used for purposes of attending a funeral of a family member. Use of sick leave for such reason shall be three (3) workdays in anyone. instance. Upon request of an employee. additional days shall be granted if he/she encounters extenuating circumstances or must travel great . distances. d. Maternity Leave: Illness/disability resulting from pregnancy. miscarriage. or childbirth shall be charged to sick leave and then. if necessary, to vacation accrual. Upon expiration of paid leave (sick leave. vacation. compensatory time. etc.). an employee may request a maternity leave of absence without pay. The duration of a maternity leave of absence shall be based upon medical evidence provided to the employer. e. Familv Leave: Employees are covered by Federal/State Family Leave legislation which provides for leave of absence to care for a newborn child, adopted child or a child terminally ill. See the City of Port Angeles Personnel Policy and Procedure Manual. Chapter 7.06. Family Leave. f. Donation of Paid Leave Time for Catastro hic IIIness/ln'u : An employee may donate sick leave. vacation, compensatory time, or holiday time to another employee who has exhausted all paid leave time resulting from a catastrophic iIIness/injury. See the City's Personnel Policy and Procedures Manual, Chapter 7. Leaves of Absence, for specific conditions and eligibility procedures. . 19 57 . . . g. Worker's Compensation: An employe~ i~jured on the job, receiving workers compensation benefits, may use accrued sick leave, compensatory time, vacation, and floating holiday credits to supplement the difference in worker's compensation benefits and the employee's regular wages. The total of worker's compensation benefits and sick leave credits shall not exceed the employee's normal take-home pay. 4. Sick Leave Cash-Out: Twenty-five percent (25%) of accumulated sick leave, to a maximum of 960 hours, will be paid to the employee upon retirement, death or resignation in good standing when the employee has ten (10) years or more of regular full-time service with the City. An employee leaving City service not in good standing or terminated for just cause is not eligible for this benefit. In the event of the death of an employee, the City will pay 50% of accumulated sick leave. Section C - Holidavs The following named days shall be holidays to be observed at a time provided under State law: New Year's Day Veteran's Day Presidents Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Day Martin Luther King Jr. Birthday Two (2) floating holidays, to be taken in eight (8) hour increments, at a time mutually agreeable between the employee and the City. Employees hired during January through June shall receive two floating holidays; employees hired in July through December shall receive one floating holiday. Whenever any of the above-named holidays falls on a Sunday, employees who generally do not work on Sunday shall have Monday as a holiday; and whenever any holiday falls on a.Saturday, employees who generally do not work on Saturday shall have the previous Friday as a holiday. For those employees who do not work on a normal Monday through Friday shift, and their holiday falls on their scheduled day off, the holiday(s) shall be observed on the next following work day(s). Employees must work the scheduled day before and after a holiday in order to be paid for holidays. This does not apply to personnel on an authorized sick leave or annual leave. ~ ARTICLE VI- HEALTH AND WELFARE BENEFITS Section A - Health Benefits During the term of this Agreement, the City agrees to provide medical, dental, vision, and . prescription drug coverage for regular full-time and regular part-time employees (who are budgeted to work 20 hours or more per week) and their eligible dependents. Medical Insurance: The City agrees to provide AWC medical PlanS and vision coverage ($25 deductible) through the Association of Washington Cities Trust. The City agrees to reimburse employees for certain co-payments (identified in Exhibit B) to make Plan B equal to Plan A coverage. Reimbursement of these co-pays shall be by procedures established by the City. Dental Insurance: The City shall fund the dental coverage for the employee and eligible dependents for the duration of the agreement for the AWC Dental Plan F benefits. The City reserves the right to change insurance carriers as long as the benefits are equal to or greater than the plans noted above. If the City considers changing insurance carriers, the City shall notice the union prior to any change to meet and discuss the proposed action. Employee Medical Cost-sharina: The City and the Union agree to employee participation in the cost of monthly medical premiums. Dental and vision insurance shall be paid by the City for the duration of the contract. The cost sharing process shall be that employees shall pay12% of the medical insurance premiums. The employees monthly medical premium shall be deducted from employees pay check on a bi-weekly basis. Section B - Term Life Insurance: . The City agrees to extend life insurance coverage to regular full time employees represented by Local #1619 equal to one times their annual salary, rounded to the nearest thousand, toa maximum of $50,000. Amounts beyond the annual salary coverage or for spouses will be at the employee's expense through payroll deduction procedures. Section C - Deferred Compensation: The City agrees to allow continued employee participation in a deferred compensation plan through payroll deduction. Section D - IRS 125 Account: The City shall provide an IRS 125 account for each employee who chooses to participate in the program. Any cost associated with the implementation or maintenance shall be paid by the City. Section E - Lona-Term Disabilitv Insurance: The City agrees to provide long-term disability insurance coverage for regular employees that work 30 hours or more per week. The coverage shall have a 90-day waiting period and benefits . are subject to the terms and conditions of the plan booklet, provided to each employee. Due to the enrollment process, this benefit will become effective April 2006. . 21 59 . . . ARTICLE VII - GRIEVANCE PROCEDURE Section A - Obiectives To informally settle disagreements at the employee-supervisor level; to provide an orderly procedure to handle the grievance through each level of supervision; to correct if possible, the cause of the grievance to prevent future complaints; to promote harmonious relations among employees, their Division Managers, and departmental administrators; to assure fair and equitable treatment of employees; and to resolve grievances at the departmental level before appeal to higher levels. Section B - Definitions The following terms, as used in this Article, shall have the following meaning: Grievance: A complaint by an employee concerning the interpretation or application of this Agreement. A grievance may be filed when the employee believes an injustice has been done because of unfair application of a City policy or an alleged violation of any term or condition of this Agreement. Day: Calendar day, exclusive of Saturday, Sunday, and legal holidays. Emp/ovee: A regular full-time or regular part-time employee covered by this Agreement. Immediate Supervisor. The Division Head who assigns, reviews, or directs the work of an employee. Representative: A person who is appointed by the Union or is a Union official who appears on behalf of the employee. Department Head: The employee reporting to the City Manager, having direct responsibility over a City Department. Section C -Exclusions. 1. Work assignments, unless the complaint arises out of an allegation that the employee was required to work in violation of applicable sections of this Agreement, City policy, or State law. 2. . Work performance evaluations. 3. Impasses in collective bargaining. 4. Grievances filed after ten (10) work days from date of occurrence, or after ten (10) work days from the date the employee had knowledge of an occurrence. 22 60 Section D . Time Limits Time limits are established to settle grievances quickly. Time limits may be extended by agreement of the parties. If the grievant is not satisfied with the decision rendered, it shall be . the grievant's responsibility to initiate the action which submits the grievance to the next level of review within the time limits specified. Failure of the employee to submit the grievance within the time limits imposed shall terminate the grievance process, and the matter shall be considered resolved. Failure of the City to respond within the time limits specified will allow the grievant to submit the grievance to the next higher step of the grievance procedure. Section E . The Parties' Riahts and Restrictions. 1. An employee may have Union representatives present at all steps of the grievance procedure. 2. Reasonable time in processing a grievance will be allowed during regular working hours for the Union Officer or Union Official, with advance supervisory approval. 3. Only a person selected by the employee and made known to management prior to a scheduled grievance meeting shall have the right to represent or advocate as an employee's representative. 4. Nothing within this grievance procedure shall be construed as limiting the right of management to manage the affairs of the City, except as specified in this Agreement. 5.' Grievances of an identical nature, involving an alleged violation of the same Article, Section, etc., concerning the same subject matter, may be consolidated. 6. . Confidential Communication: Any communications between a member of the Union and any recognized Union representative regarding a potential or actual employee grievance will be defined as confidential. . 7. The Union, as an organization, may file a grievance alleging that the City has violated specific rights afforded the organization in the Agreement. Such grievance shall be filed directly at Step 1 (Department Head level), and shall be bound by the time limitations and procedures set forth in the grievance procedure. Section F . Informal Grievance Disposition Within the time limits specified above, the employee will promptly and verbally meet to discuss the complaint with his/her Division Manager. In those circumstances where the nature of the complaint involves the Division Manager, the employee may proceed to Step 1 of the formal grievance process, the Department Head. If the Division Manager fails to reply to the employee within five (5) days of the. meeting, or if the employee is not satisfied with the decision, the employee may, within five (5) days, utilize the formal grievance procedure. Prior to initiating the formal grievance procedure, the employee shall submit the matter to the Union Grievance Committee for review and authorization. If approved by this Committee, the grievance may proceed. . 23 61 . . . Section G . Formal Grievance Procedure Step 1 . Department Head: The grievance procedure shall be initiated by the employee stating the nature of the grievance, the alleged violation by section or number, and the desired solution, in writing on the Union grievance form, together with any supporting documents. The grievance form and supporting documents shall be delivered to the Department Head within the time frames specified. in the grievance procedure. The Department Head shall hold a meeting with the employee and his/her representative, if requested, within ten (10) days from the date the grievance is received, and attempt to settle the grievance. A decision shall be made, in writing, on the original grievance form, to the employee by the Department Head within ten (10) days from the close of the meeting. Step 2 . City Manaaer: If the employee is not satisfied with the decision of the Department Head, he may appeal the decision to the City Manager within ten (10) days from receipt of the Department Head's decision. The City Manager or his designee will hold a meeting with the concerned parties within ten (10) days of receipt of. the grievance, all supporting documents, the Department Head's response, and the remedy requested, and issue a written decision within ten (10) days after the close of the meeting. Step 3 . Binding Arbitration: The Union shall have twenty calendar days from receipt of the City Managers decision to request binding arbitration. If the grievance is submitted to binding arbitration, the Union representative and the Human Resources Manager shall, set a date for a meeting to: 1. Agree to any stipulations. 2. Attempt to agree upon an issue statement. 3. Jointly request from the American Arbitration Association, Federal Mediation and Conciliation Service, or other mutually agreed-upon source, a list of nine (9) arbitrators and upon receipt of this list, the parties will toss a coin to see who strikes the first name, and then each shall alternately strike a name, to arrive at an arbitrator who will hear the grievance. However, the parties may mutually agree upon an arbitrator without using the above arbitration service, or agree to request another list of names if both parties are not satisfied with the names on the initial list of arbitrators. The parties agree that the grievance shall be heard before the arbitrator selected at the earliest possible date. The decision of the. arbitrator shall be final and binding upon the parties. The arbitrator shall not have the ability to alter or amend any portion of the labor Agreement, City policies, or regulations. The cost of the arbitration process shall be shared equally between the parties. Any cost or fees related to the presentation of the case for each respective party shall be the responsibility of that party and shall not be shared as part of the arbitrator's expenses. The arbitrator shall issue a written decision to the parties within thirty (30) calendar days of the close of the hearing. 24 62 ARTICLE VIII- DURATION OF AGREEMENT This Agreement shall be effective January 1, 2006, and continue through December 31, 2008. Should either party desire to modify this Agreement, it shall serve written notice to the other party within six (6) months prior to the expiration date of this Agreement. IN WITNESS WHEREOF, we hereunto attach our signatures this 2006. CITY OF PORT ANGELES: AFSCME LOCAL #1619: day of February Karen A. Rogers, Mayor Vinnie O'Connor, Staff Representative Marty Lemon, Union President Mark Madsen, City Manager Bob Coons, Human Resources Manager 25 63 . . . - WASHINGTON, U.S.A. C ITV C QU N elL ME M 0 DATE: February 21,2006 To: CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities '> "" c.,.. CSO Funding Options FROM: SUBJECT: Summary: There are several funding sources available for the capital projects required under the Combined Sewer Overflow (CSO) Reduction Plan being negotiated with the Department of Ecology. One of these, Washington State's Public Works Trust Fund (PWTF), accepts applications for pre-construction loans every month and construction loan applications annually on or before May 8. Recommendation: Authorize the Mayor to (1) sign a PWTF Pre-Construction Loan Application certification, in an amount not to exceed $600,000, and (2) sign a PWTF Construction Loan Application certification, in an amount not to exceed $3,000,000. In addition, if either or both loans are approved, authorize the Mayor to execute the a reement s . Background/Analysis: The City is currently negotiating an updated CSO Plan for the completion of a number of projects that will reduce CSO events in the future. The next construction project under the CSO Plan, scheduled to be completed by the end of 2007, is the installation of a sewer main from the north end of Francis Street to the City's Wastewater Treatment Plant. This project is estimated to cost a total of approximately $2,900,000 in 2005 dollars. The design portion of this project is currently being estimated at $600,000, though this figure is being reviewed. The DOE, under its Water Quality Program, administers two financial assistance programs for wastewater, stormwater and combined sewer construction projects, the Centennial Fund (grants & loans), and State Revolving Fund (loans only). The City applied for funding ofthe design portion of the project in October 2005 for the Fiscal Year 2007 Funding Cycle. A preliminary Priority List of projects issued by DOE last month shows that the City will likely receive, contingent on the State Legislature fully funding the programs this year as anticipated, a State Revolving Fund (SRF) loan for the design portion of the project, at a 2.6% interest rate over 20 years. A separate funding program administered by the Washington State Public Works Board, called the Public Works Trust Fund (PWTF), has a separate funding cycle and application process. The City plans to submit an application for a PWTF Pre-Construction loan by March 5, 2006, incase it does not receive the expected SRF loan. In6&ition, a PWTF Construction loan application to N.,rrOllNCIL\FINAL\CSO Funding Options.doc . . . . . February 21,2006 City Council Re: CSO Funding Options Page 2 cover the construction of the Francis Street Sewer Project, in an amount not to exceed $3,000,000, will be submitted before the annual construction loan application deadline of May 8, 2006. The Utility Advisory Committee, at its February 14 meeting, forwarded a favorable recommendation to City Council to authorize the Mayor to (1) sign a PWTFPre-Construction Loan Application certification, in an amount not to exceed $600,000, and (2) sign a PWTF Construction Loan Application certification, in an amount not to exceed $3,000,000 . In addition, if either or both loans are approved, authorize the Mayor to execute the agreement(s). 66 FORTANGELES WAS H I N G TON, U. S. A. . CITY COUNCIL MEMO DATE: FEBRUARY 21, 2006 SUBJECT: CITY COUNCIL SCOTT K. JOHNS //4;. ASSOCIATE PLA~R CAMPBELL AVENUE PRD AND SUBDIVISION To: FROM: Summary: Development of a 18.93 acre site in the RS-9 Residential Single Family and RHD High Density zones into 39 single family residential lots and 5 multi-family lots, for a total potential of 74 dwelling units. Several common useable open space areas are also included. The Campbell Avenue PRD and subdivision provide an alternative residential development design to the basic single family residential neighborhood and the basic multi-family residential neighborhood in a manner that is affordable as starter homes for new families and other first time . home buyers. Recommendation: The City Council should concur with the recommendation of the Planning Commission to give preliminary approval to the Campbell Avenue Planned Residential Development and subdivision with the attached conditions, findings, and conclusions. Background / Analvsis: The proposed "Campbell Avenue" planned residential development (PRD) and subdivision site is located south of Campbell Avenue between Porter Street on the west and Wabash Avenue on the east. The site contains a category III wetland complex in the south central.portion of the site. The environmentally sensitive area comprisesapproximately4.5 acres of the site, including the wetland and its buffer area. The environmentally sensitive area will be set aside as open space and the buffer areas will be included as part of the common usable open space that is required as part of a planned residential development. The site will be accessed from Rook Drive from the south and Campbell A venue from the north. Eckard Avenue will provide access from the east. Campbell Avenue north of the site does not meet City standards and will require improvement by the developer along the property frontage. The City will improve.Campbell Avenue west of the site per a previous agreement with the developer. Existing utilities are provided to the site and are sized to accommodate the proposed number of dwelling units. The planned residential development will include a variety of housing choices. Three . clusters of small lots facing an internal common open space are designed for cottage type homes. 67 . . . The cottage lots range from 3,600 square feet to 4,500 square feet in area. Off-site parking areas that will include one single car garage for each home will serve the cottage lots. Nineteen lots are designed for more standard single-family homes. These lots range in size from 4,791 square feet to 8,052 square feet in area. Access to the single-family homes will be from an internal road. Parking will be located on individual sites. Five multi-family lots will be included along the western portion ofthe site. One four-plex unit has been developed on one of these lots. The entire development will have 74 dwelling units if the multi-family lots are developed with 8 units each. The proposed density for the development is 3.9 dwelling units per acre. A two acre park located adjacent to Campbell Avenue will be dedicated to the City. Development of the park will coincide with the final approval of phase 3 of the Riedel II subdivision that is located to the south of the Campbell AvenuePRD. The park development is spelled out in the developer's agreement. The PRD plan meets the requirements for usable open space and open space usable for recreation purposes. The Planning Commission minutes and Department Staff Report are attached for your review and information. Staff will be available for comment. Attachments: A B C Conditions, Findings and Conclusions Planning Comrtlission minutes Department Staff Report 68 Planning Commission Minutes January 11. 2006 . Page 5 PLANNED RESIDENTIAL DEVELOPMENT AND PRELIMINARY SUBDIVISION - GREEN CROW - Campbell Avenue between Porter Street and W abash Avenue: Preliminary review of a mixed residential/multiple family building sites in the RS-9 Residential Single Family RHD Residential High Density zone. Associate Planner Scott Johns presented the Department's report recommending the Commission forward a recommendation of approval of the application to the City Council as presented. Commissioner Kalish questioned what the cities plans are for the park? Planner Johns indicated that plans have not yet been determined, but the developer would provide the playground equipment, grass, and restrooms. Commissioner Kalish inquired as to whether there has been an increased presence of rats since the wetland was moved. Planner Johns advised that the Department had no indication of any rat activity. Commissioner Mathews asked how long the park would sit with no development and Commissioner Kalish added that the Parks Department never bothers to comment on applications and wondered why the Commission never hears from the Parks Department. Planner Johns noted that the developer will create some enhancements and more detail as the project moves forward. He also discussed the sensitive areas in the project and the wetland buffer requirements. Commissioner Kidd indicated that she appreciated the developer's efforts on the Reidell2 Subdivision. Chair Rasmussen asked questions regarding the proposed parking lots. Engineer Malhum indicated that parking standards with drainage would be required of the developer. Chair Rasmussen asked what specific road improvements will be required for Wabash and Campbell? Planner Johns responded clarifying the specific requirements. Chair Rasmussen noted that further development could result in the requirement of road improvements. Planner Johns noted that this is correct, however, no applications for this development are presently submitted at this time. Engineer Malhum indicated that Campbell Avenue would be improved once spring weather arrives. Chair Rasmussen raised concerns over the wetland issue and indicated that he recalled additional wetlands as part of the proposal. Planner Johns indicated that this recollection may actually be from the Riedell Subdivision, however, the wetland mitigation is still being worked on. Chair Rasmussen opened the public hearing Tim Woolett, 703 E. 8th Street, representative for the applicant, Green Crow Properties, Inc., discussed the changes in the wetland areas that have occurred over the past three years and how the proposed project is designed to increase the total area of wetland and enhance the functions and values of the wetland areas, Mr. W oolett referred to a letter dated November 30, 2004, confirming the size ofthe regulated wetland and noted that the existing wetland was only 6,000 sq. ft. in size. He noted that the created wetland would be 100,705 sq. ft. in size. He indicated that the proposed park area will be dedicated to the City of Port Angeles and that the City has agreedto the dedication through the Developers Agreement (August 3,2004) mentioned in the staffreport. He asked that the Planning Commission add a condition and. a finding that more clearly states that intent. He 69 . . . . . . Planning Commission Minutes January 11,2006 Page 6 suggested that the fmdings should stipulate the size difference between the existing and proposed wetlands. He also mentioned that the Parks Department should get comments in and urged the Planning Commission to push for these comments. Chair Rasmussen indicated that we cannot condition against the Parks Department. Mr. W oolett suggested that there should be a finding that . the Parks Department Develop this park. Mr. W oolett went on to discuss the sidewalks that are intended for the development and the proposed right-of-way width. Mr. W oolett expressed concern that there had been no mention in the staff report's conditions that indicated when completion of Rook Drive would occur relative to the phases of development of the PRD, and suggested that the Planning Commission add a condition to specifically designate when that road work should be completed. He asked the Public Works and Utilities Department to consider a 50' right of way instead of a 60' right of way. Chair Rasmussen suggested that we continue the item in order forthe Public Works and Utilities Department to consider the mad issue. Planner West indicated that the Public Works and Utilities Department already made their decision on this matter and that they would arrive at the same answer should it be sent back for reconsideration. Mr. W oolett suggested changes to condition 5 and Planner Johns responded to these requested changes. Commissioners Kalish, Kidd, and Chair Rasmussen raised serious concerns with regard to the applicant attempting to mold conditions of the staff report. Planner West clarified that staffhas no intention of allowing the applicant to dictate conditions. Commissioner Snyder and Chair Rasmussen inquired as to how the phases of the proj ect would be carried out. Mr. W oolett went on to explain phases of the proj ect. CommissionerXalish asked about views and how they would be maintained, she also inquired as to where the pictures were fr()m. Len Rasmussen asked what the siz.e of the cottages are. Mr. Woolett responded that they were around 1,000 sq. ft. Candace Kalish asked for a rough estimate of what the cottages would sell for and Mr. Woolett answered that the projected budgeted for them to be sold for $150,000. Questions were raised on more specifics of expected costs, however, Mr. Woolett indicated he did not know any more specifics on prices. Len Rasmussen inquired as to how design would be controlled for the project. Mr. Woolett indicated that there would be a design committee who approved the design of structures within the development. Len Rasmussen asked about street lights and Kevin Snyder added the example of Poulsbo Place where designs and colors have been standardized. Suggested that design committee go and take a look at this development. Wayne Carson, 1727 Wabash, indicated concern with regard to the potential for congestion on Campbell Avenue. He suggested a complete widening of Wabash and Campbell as part of the project. Dorthy Drain, 36175 Mt. Angeles Road, Mentioned that Campbell Avenue improvements are of concern along with wetland mitigation, scotch broom, and parking areas. Indicated she was surprised the wetlands were moved. She also requested that parking area lights be kept low. She further noted that the deer in the area have moved out. She concluded inquiring as to whether a marketing analysis has been done for Franklin School in relation to.this project and by asking who would be living in the cottages. Mr. Woolett reminded the commission that they are not moving the wetland but expanding it. Commissioner Snyder noted that Condition 8 should be redrafted to state that: "At which time any construction is to take place north of Eckard Street, Rook Street is to be constructed 70 Planning Commission Minutes January 11. 2006 Page 7 from Eckard Street to Campbell Avenueinc1uding the street and turn around adjacent to lots M2- M5". He further noted thatthe street situation should be discussed and that street designs should be included in the code. Commissioner Kalish stated that the proposal still seems very preliminary and that there appear to be many unanswered questions. Planner Johns noted that many of these factors were considered however, it should be recognized that there is only a certain level of investment a developer will contribute at the preliminary approval stage of a development. Chair Rasmussen, brought up the valley creek PRD on Ahlvers Road and pointed out the additional attributes that a PRD typically creates as well as how it contributes flexible building alternatives to the City. Chair Rasmussen closed the public hearing. Commissioner Snyder moved to approve the Green Crow Planned Residential Development with the following Conditions, Findings, and ConClusions. Conditions: 1. All external building line setbacks shall meet RS-9 zone requirements. All lot lines (solid lines) and building setback lines (dashed lines) shall be accurately dimensioned on the final plat. All lots shall be configured to have a minimum lot size of3,500 square feet or greater. All necessary on-site easements for access, drainage, and utilities shall be shown on the final plat. The stormwater drainage improvements shall be installed or bonded for per the City's Urban Services Standards and Guidelines and consistent with the Washington Department ofFish and Wildlife. hydraulics permit application (HP A) requirements and the Department of Ecology NPDES permit requirements. The City Engineer shall approve the drainage plan for on-site and off-site facilities, which may include but not be limited to roadside swales, detention/retention facilities, or constructed wetlands used for stormwater management. The developer shall submit a final wetland mitigation plan that includes a monitoring element to the City. The wetland mitigation plan shall be approved and in place prior to final approval of any PRD/subdivision phases that abut or adjoin any portion of the wetland. The applicant shall construct Campbell Avenue street improvements per the recorded Development Agreement which includes: Campbell Avenue adjacent to the northerly Green Crow property line west to Porter shall be constructed to a minimum 24- foot paved width with 0.1 foot asphalt overlay, ditches, culverts, standard sidewalk, and driveway approaches along the Green Crow frontage. Interior streets may be constructed to suburban street standards (dated 08/05) located in a 60- foot right-of-way with a minimumo20' paved travel surface. Sixty foot (60') of right -of-way shall be dedicated extending Rook Drive to Wabash Street. (The 50-foot wide right-of-way, as identified in the Developer Agreement, may be chosen by the applicant within the PRD area, however, streets shall be private and shall be privately maintained). All streets interior to the subdivision developed to suburban street standards shall be posted ''No Parking" by 2. 3. 4. 5. 6. 7. 71 . . . Planning Commission Minutes January 11,2006 Page 8 . the developer as directed by the City's Public Works and Utilities Department; provided that, parking may be allowed in designated vehicle pullouts located along the interior roads as approved by the City Engineer. Once street design is decided upon, that design shall be carried through the entirePRD. 8. The construction of Rook Drive connecting Eckard Street to Campbell Avenue through the PRD shall be completed prior to final approval of the second phase of construction. Phase 1 shall include lots 1 through 11 and the intersection of Rook Drive and Eckard Avenue. 9. A sidewalk shall be constructed and dedicated by the developer from upper Rook Drive (in the area of the power line right-of-way) to the lower portion of the project through a public park at Campbell Avenue. Final design and location of the walkway shall be determined once final design of the park area has occurred. 10. Adequate provisions for two off-street parking spaces shall be made ( on-site) for each single- family residential lot. Two off-street parking spaces for each cottage lot shall be shown on the final plat and shall be located in close proximity to cottage clusters A, B, and C. Electrical, telecommunications, and street lighting shall be installed or bonded per the Light Division standards. Electric utility service shall be underground. No more than 74 dwelling units may be connected to the City's water and sewer systems without review and approval by the City Engineer demonstrating adequate system capacities. Address numbers shall be identified and placed on the final plat as provided by the City. The final PRD shall provide for continuous and perpetual maintenance of common open space, common recreation facilities, private roads, utilities and utility easements, common parking areas, and other similar development within the boundaries of the PRD in form and manner acceptable to the City. The area proposed as a park and to be dedicated to the City shall be exempt from this requirement once the park has been dedicated to the.City. A final wetland restoration plan shall be submitted to the City of Port Angeles for review and approval. Wetland mitigation per the approved final wetland plan shall be implemented on site and approved by the City of Port Angeles prior to final approval of the PRD phases that abut the wetland areas. All wetland buffers shall be identified by some means acceptable to the Director of Community and Economic Development, posted as an Environmentally Sensitive Area, and surveyed onto the final plat mylar. Additional wetland conditions may be applied to the wetland permit as its review is completed. 16. Fire hydrants shall. be placed per the project narrative included in the application. Fire hydrant locations shall be approved by the Port Angeles Fire Department prior to final installation of the hydrants. 17. Twenty (20) feet of clear width shall be required for all fire department access. Cottage cluster design shall be such that no portion of any structure is more than 150' (measured as hose lay distance) from fire truck access locations. 18. All structures located more than a 150' hose lay distance shall be equipped with residential fire sprinkler systems. The Fire Department shall review and determine the need for residential fire sprinkler systems. 19. Proposed 8" sanitary sewer shall be provided as shown per City Urban Standards, and line size and detention calculations for proposed storm drain shall be required. . 72 7. Planning Commission Minutes January 11. 2006 Page 9 20. The legal description of the subject property of the PRD shall be provided on the face of the final plat. At which time any construction is to take place north of Eckard Street. Rook Drive is to be constructed from Eckard Street to Campbell A venue includin~ the street and turn around adiacent to lots M2-M5. 21. Findings: 1. The City received an initial planned residential development site plan on April 18, 2005. A pre-application meeting was held on March 16,2005. Following a request for additional information, letters of clarification, revised site plans, and photographs depicting housing types were submitted on June 15 and August 23,2005. The Green Crow planned residential development and preliminary subdivision applications were determined to be complete on August 24,2005. The revised preliminary plat drawing for Green Crow PRD shows a 43-10t subdivision proposal. Nineteen (19) lots are designed for cottage homes and are approximately 3,600 square feet in area, 19 other lots are designed for typical single-family homes and average 6,200 square feet in area. The remaining 5 lots are designed for multi-family residential units. A Development Agreement was entered into between the City of Port Angeles and Green Crow, Inc., a Washington corporation (the "Developer") on August 3, 2004, which set out specific requirements for the PRD, including application submittal dates and development standards for streets, utilities, open space, wetland mitigation, and fire protection. The small lots, though permissible in a planned residential development, are subject to overall density limitation. The overall density of the Green Crow PRD is 3.9 units/acre. Port Angeles Municipal Code (P AMC) Chapter 17.19 sets forth the City's requirements for the approval of planned residential developments, and P AMC Chapter 16.08 sets forth the City's requirements for the approval of subdivisions. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform divisionofland within the State of Washington. Section 58.17.110 requires a city to inquire into the public use and interest proposed to be served by the establishment of a subdivision. It shall determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all otherrelevant 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 Green Crow PRD as conditioned meets the requirements ofRCW 58.17. The purpose ofa planned residential development (PRD) is set forth in Section 17.19.010 as follows: 2. 3. 4. 5. 6. 73 . . . Planning Commission Minutes January II, 2006 Page 10 . This Overlay Zone is to provide alternative zoning regulations which permit and encourage design flexibility, conservation and protection of natural amenities and critical areas, and innovation in residential developments to those regulations found in the underlying zone. It is intended that a Planned Residential Development will result in a residential environment of higher quality than traditionallot-by-lot development by use of a design process which includes within the site design all the components of a residential neighborhood, such as open space, circulation, building types, and natural features, in a manner consistent with the public health, safety, and welfare. 8. 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. 9. The PRD and preliminary plat applications were determined to be complete on August 24, 2005. The City Council must ,act on the PRD and preliminary subdivision by its November 15, 2005, meeting to be within the 90-day time limit set by RCW 58.1 7.140. The applicant may consent to a 21-day extension to the 90-day time limit. 10. The proposed 18.93-acre Green Crow Planned Residential Development (PRD) and Subdivision site is located on the south side of Campbell Avenue and east of Porter Street. 11. The site slopes downward from south to north with some steep slopes on the northern portion of the site and relatively flat ground on the southern portion of the site. 12. The preliminary plat application includes a drawing dated received April 18, 2005, and a revised drawing received August 24,2005, prepared for the applicant Green Crow Properties, Inc., by Wengler Surveying and Mapping Co., provided in Attachments A and B, and used as the basis of the preliminary plat review. The final plat will be entitled Green Crow Planned Residential Development and Subdivision. 13. The site is served by Campbell Avenue and Wabash Avenue, and Rook Drive offofMt Angeles Road. 14. The proposal has been reviewed with respect to the Comprehensive Plan, Zoning Code, and Subdivision Ordinance. The Comprehensive Plan land use designations for the site is Medium Density Residential (MDR) and High Density Residential (HDR). Approximately 2 acres of the 18.93 acre property in the PRD is zoned Residential High Density RHD and the remainder is zoned Residential Single Family RS-9. Other surrounding properties are also zoned RHD Residential High Density and RS-9 Residential Single Family and either are developed with a mix oflow density residential uses or multi-family residential uses. 15. The City's Fire, Public Works, Parks and Recreation, and Community and Economic Development Departments reviewed the proposed planned residential development and subdivision preliminary plat. Reviewing Department concerns will be addressed in the recommended conditions of approval. 16. The proposed Green Crow PRD and Subdivision is inside of the. Fire Department four- minute response area. 17. Public notice ofthe PRD and subdivision application was published on September 1, 2005, . . 74 Planning Commission Milllltes JOIlUall' J J. 2006 Page IJ posted on the site and mailed to property owners within 300 feet of the proposed subdivision . on August 31, 2005. The Department of Community and Economic Development received two public comment letters, which is provided in Attac1mlent D. 18. The subject property is identified as Medium Density Residential (MDR) and on the Port Angeles Comprehensive Plan LandUse Map. The following Comprehensive Plan policies are found to be most relevant to the proposal: Growth Management Element Goal A; Land Use Element Goal A, Policy A.2, Goal B, Policies B.1-3, Goal I, Objective II; Transportation Element Goal A, Policies A.3 and A.6; Utilities and Public Services Element Policy D.1; Housing Element Goal A; Conservation Element Goal A, Policies A.1-3, Goal B, Policies B.1-B.2,BA,B.16, Objectives B.3-BA; Capital Facilities Element Policies A.1 0, and B.6 and Policy CA. 19. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service, and electrical service (Capital Facilities Element Policy A.9). 20. The Comprehensive Plan recommends concurrency for solid waste collection, stormwater management, telecommunications service, and emergency services (police, fire and emergency medical response) (Capital Facilities Element Policy A.10). 21. The City's Comprehensive Plan (Land Use Element Goal B) states the intention to have a community where residential development and use of the land are done in a manner that is compatible with the environment, the characteristics of the use and the users, and the desired urban design ofthe City. 22. A planned residential development is one of the innovative techniques the City has to achieve implementation of Open Space and Conservation policies and the desired urban design of the City. . 23. The proposal meets the minimum site size for a planned residential development. Both single-family residential units and multi-family units are proposed. 24. subject property in the Green Crow PRD and Subdivision is identified by the Port Angeles Zoning Map as RHD Residential High Density, which allows a density of up to 38.56 units per acre and Residential Single Family RS-7, which allows a density of up to 4.84 units per acre. The revised preliminary plat drawing dated August 24, 2005, indicates that each lot in the proposed subdivision will be at least 3,500 square feet in size. 25. The small lot and PRD housing model designs are intended to be modest in costs for new single family homes, providing starter homes for new families and other first time home buyers, or options for older citizens looking for opportunity to reduce home and yard maintenance responsibilities. TIllS small lot housing design is still rather unique to the City and provides an alternative residential opportunity. 26. All required utility improvements including potable water, sanitary waste, electrical, and refuse collection have been provided to the subject site or are available in the area. 27. The Port Angeles School District currently serves the area, and school capacity is not an issue with the present trend in declining enrollments. 28. There are designated school walking routes in the vicinity. Walking paths through the PRD and sidewalks along Campbell A venue provide a safe walking route to Mt. Angeles Road, where transit services are available. . 75 . . . Planning Commission Minutes JalllIalJ' 11. 2006 Page 12 29. The City's Police, Fire, and Public Works Departments currently serve the site. 30. Building permits are required for all structures on any approved building lots. All local Building and Fire Codes apply to any new construction on the subject property. 31. Clearing and grading pennits are required for any initial site development on sites. greater than one acre in size. 32. The City's State Environmental Policy Act (SEP A) Official issued a Mitigated Determination of Non significance (MDNS # 1125) and adoption of environmental documents on September 27,2005, satisfying the City's SEP A responsibility. 33. Trees were removed from the wetland area on February 9, 2005, using cable drag and crawler equipped traction units to remove logs. A preliminary wetland restoration/mitigation plan has been submitted to the City of Port Angeles. Conclusions: 1. The conditions of approval of the Green Crow PRD and preliminary subdivision are consistent with provisions in the City's Zoning Code and Subdivision Ordinance and are necessary to implement the goals, policies, and objectives ofthe City's Comprehensive Plan. As conditioned, all the necessary public improvements will be installed per the City Urban Services Standards and Guidelines. As conditioned, the configuration of the proposed subdivision lots and street layouts conform tothe desired urban design ofthe City for residential developments in outlying areas where there is no grid street pattern and where suburban street development standards are allowed. The curvilinear private streets with a 20- foot paved surface (signed for no parking along the streets) will reduce stormwater runoff and will provide adequate access for each residential lot. As conditioned, the utility services will be provided consistent with the Urban Services Standards and Guidelines and the Capital Facilities Element ofthe Comprehensive Plan level of service standards. Improvements to downstream sanitary sewer capacity have been provided and no further capacity improvements are needed for the additional units of Green Crow PRD. The small lots proposed for the Green Crow PRD and subdivision are.desired for several reasons: 1) the geographical and BP A easement constraints on the site; 2) the mixed types of housing already located in the zone and vicinity; 3) the provision of affordable homes for new families and other first time home buyers; and 4) the lots satisfy the desired urban design ofthe City, except for their small size, which fits the density requirements of the RHD and RS-9 Zones and the PRD Overlay Zone. This is not the basic urban land use pattern for the City's higher density multi-fanlily residential neighborhoods that are located on and adjacent to the north of this site. The density is much more like a single-family residential neighborhood, and the street and block system is more like outlying areas. The site is a mix of high-density zoning and low-density zoning. While it does not meet the high-density purposes of the RHD Zone, it does provide for a variety of densities with surrounding open spaces consistent with the PRD Overlay Zone. 2. 3. 4. 5. 6. 7. 76 Planning Commission Minllles JallllalJ' 11,2006 Page 13 8. The Green Crow PRD and Subdivision provide an alternative residential development design to the basic single family residential neighborhood and the basic multi-family residential neighborhood in a manner that is affordable as starter homes for new families and other first time home buyers. . Conditions are recommended that would satisfy the PRD standards that are not included in the proposal plans. 9. As conditioned, the Green Crow PRD and Subdivision preliminary plat is consistent with the Comprehensive Plan and Zoning Code. 10. As conditioned, the Green Crow PRD and Subdivision preliminary plat is in conformance with the Port Angeles Subdivision Ordinance, Chapter 16.08 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW. 11. 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 12. As conditioned, the public interest is served in the preliminary approval of planned residential development and platting of the subdivision as articulated in the City's Comprehensive Plan, Zoning Code, and Subdivision, Ordinance. The subdivision provides for development of new homes within the City of Port Angeles consistent with the Growth Management Act and beneficial to the City's tax base. 13. The City Engineer must approve the final drainage plan, and the City's stormwater drainage standards will require that the proposed development not impact downstream properties anymore than pre-development conditions. The drainage and erosion control plans also are subject to the Department of Ecology NPDES permit. 14. A portion of the site open space area is located under the BP A transmission lines. Electro- magnetic force (EMF) fields are not regulated by local jurisdictions, and, therefore, the EMF environmental impacts have notbeen analyzed in this review. 15. The Green Crow proposal is designed to meet the 30% common usable open space requirements ofPAMC 17.19.050. Available open space on the site plan appears to be slightly more than the 5.7 acres of recreational area required of the approximately 18.93 acre site. 16. The PAMC Chapter 17.19 Planned Residential Development Overlay Zone and Chapter 16.08 Subdivision Regulations allow for variations from standards variations in street improvements, blocks, lots, and building line setbacks. Commissioner Mathews seconded the motion which' passed 6 - O. 77 . . . Planning Commission Minutes October 12, 2005 Page 4 . PUBLIC HEARINGS: PLANNED RESIDENTIAL DEVELOPMENT and PRELIMINARY SUBDMSION PROPOSAL. GREEN CROW. Campbell Avenue: A preliminary subdivision on property zoned Residential High Density and Residential Single Family that includes a planned residential development. Manager Madsen briefly summarized the staff report. As Commissioners indicated they reviewed the entire report, Mr. Madsen asked for any questions. Tim W oolett, 805 E. 8th Street, responded to a question from Commissioner Rasmussen that there are approximately 91 lots proposed for the 18.93 acre site. Just under 2 acres of the site is zoned Residential High Density with the remaining property zoned RS-9 Residential Single Family. Chair Rasmussen opened the public hearing. Mr. W oolett stated that the planned residential development will allow innovation as far as lot arrangement and will utilize a cottage cluster concept. Nineteen (19) cottage lots are planned in three separate cottage clusters. Thirty-two percent (32%) ofthe site is in open space including that includes wetlands. The site contains a 1/10 acre regulated wetland. As a result of development activities, an increase in wetland area has been created for a total of2.47 acres of wetland acres. An engineer and a wetlands consultant have been hired to do an enhancement plan for the wetland and play area. The play area will be dedicated to the City for the public use. Cottage units will contain approximately 800 - 1,000 square feet in area and will be situated such that lot lines are staggered to allow for open areas. . Chair Rasmussen asked who will own the land? Mr. W oolett responded that a condominium concept is planned. In response to Commissioner Kidd, Mr. W oolett stated that on-street parking will be restricted due to development at the low impact standard. Ms. Kidd could not support a project that does not allow for adequate off-street parking. Mr. W oolett stated that he really appreciates staff s efforts in working with the applicants and would like to continue discussion for one month to allow for various uncompleted issues to be brought forward in a comprehensive manner. Ed Chaad, 307 West (ih Street, asked if property values in the PRD area will be increased over standard lot by lot development and how wetlands will be affected. Mr. W oolett said that he is hoping the value of properties is increased and believes it will definitely enhance the area to have an innovative project in the neighborhood. Although the natural hydrology has been disrupted, the wetland area has been enhanced by directing runoff and harnessing some of the water from previous logging activities on the property. Mike Langley, Wabash Avenue, thanked the City for its efforts in working to develop its Nice Neighborhood Program and asked that Campbell not be developed to Wabash Street. Mr. Langley asked if the City would be interested in working with him in a similar manner to the Green Crow Developer's Agreement on another property in the area. Gary Kenworthy, City Engineer, stated,that Green Crow will be improving the Campbell Avenue frontage along their property boundary to Mt. Angeles Road. Per a traffic study performed as a result of the proposal, improvements are not expected to extend east beyond the applicant's . property nor are improvements planned to W abash Avenue. Manager Madsen clarified that bottlenecks in the area sewer system were long standing and prevented development of properties in the area as well as were a continual inconvenience to 79 Planning Commission Minutes October 12,2005 Page 5 . residents which is the reason the City provided upgrades to utilities in the area. RickMelvin, 1697 Wabash A venue, encouraged the City to require or provide improvements to Campbell Avenue to W abash Avenue due to the narrowness ofthe access and the unlit, dangerous walking area. He stated that the area is arguably one ofthe worst traffic hazard areas in the City. He has personally had. several close calls with pedestrians. In response to a question from Commissioner Kalish as to whether the.development will cause a need for further extension of Campbell Avenue or whether it is in need at the present time, Mr. Woolett responded that he does not believe people moving to the area or visiting the area as a result of the new development will use a Wabash to Campbell route. He doubted that people would drive east toward Wabash to access Campbell when improved access will be provided in a more direct route to Campbell through the subdivision. Access to Wabash is a intended to be emergency back door only. The developer does not intend to provide improvement to Campbell Avenue to connect to W abash Avenue. Following continued extended discussion, Commissioner Kalish moved to continue the public hearing to November 9,2005,6 p.m., as requested by the applicant. The motion was seconded by Commissioner Kidd and passed 7 - O. . . 80 TO: FROM: DATE: SUBJECT: fj FILE FORTANGELES . WAS H I NG TON, U. S. A. DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT Planning Commission Scott K. Johns, Associate Planner October 12, 2005 Planned Residential Development and Preliminary Subdivision Green Crow Development, Inc. APPLICANT: OWNER: LOCATION: PROPOSAL: Same Located south of Campbell Avenue, between Porter Street and Wabash Avenue. . Development of an 18.93-acresite, portions of which are in both the Residential Single Family RS-9 and Residential High Density RHD Zone, into 39 single-family residential lots, 5 multi-family lots and several common usable open space areas. The single-family residential lots will be a combination of small lots used for cottage style homes placed in clusters and more typical larger lots for more traditional single-family residences DEPARTMENTAL RECOMMENDATION: The Department of Community and Economic Development recommends that the Planning Commission recommend preliminary approval of the Green Crow Planned Residential Development and Subdivision preliminary plat with the 20 conditions, 33 findings, and 15 conclusions (see Attachment A). PROPERTY CHARACTERISTICS: The proposed 18.93-acre Green Crow Planned Residential Development (PRD) and Subdivision site is located on the south side of Campbell Avenue, east of Porter Street and west of Wabash Avenue. The site is located directly adjacent to and north of the previously approved subdivision known as Riedel II, which is being developed by Green Crow Properties, mc.and will . integrate with this PRD. The site generally slopes downward from south to north with varying grades. The northern portion of the site is relatively level with steeper slopes occurring to the south. A large wetland complex is located on the site. The wetland has undergone some degree of disturbance in the past and a preliminary mitigatioz&1an has been filed with the City. The site has . . . ~::~~.. r4>ePJ:~~t o/~ and Economic Development October /2, 2005 . . '; tqregn ttr.ow P~ Page 2 1tP;.t;" . ~'r~... ~ i."~ been mostly cleared of trees, however, some treed areaexists in and around the wetlands. A Bonneville Power Administration transmission line right-of-way crosses the property in a north/south direction. Campbell Avenue and Mt Angeles Road via Rook Drive serve the site. Access is also available from Wabash Avenue, which also provides access to several properties and single-family residences located east and south of the subject site. The City of Port Angeles is upgrading antiquated utilities to serve the existing neighborhood and upgrading capacity to serve the proposed development and future development in the area. The site is located in the East Planning Area of the City and the Comprehensive' Plan Land Use .Map designations for the site are High Density Residentiai (BDR) and Medium Density Residential (MDR). The northern 135 feet of the site, located adjacent to Campbell Avenue, is zoned Residential High Density (RHD), with the remainder of the site being zoned Residential Single Family (RS-9). The properties located along the north side of Campbell Avenue are also zoned Residential High Density (RHD) and are developed with multi-family uses, while other surrounding properties are zoned RS-9 Residential Single Family and are developed with either low density residential uses or are undeveloped. DEPARTMENTAL REVIEW: The Fire Department commented that: 1. 2. Fire hydrant location will require approval of the Fire Department. If the "cluster" development option is chosen, paved Fire Department access must be provided to within 150' of the most distant portion of all structures in the cluster. If a structure within the cluster does not meet this distance requirement, a residential fire sprinkler system must be installed. A parking area will suffice as access, however the 150' distance will include the length of a parking stall, the assumption being that a vehicle will occupy the stall. Addressing on the cluster houses must be clear and readily visible from the primary access direction. The PRD application mentions "multi-family" housing. As per the PAMC, multi family dwellings, tri-plex or larger, must have residential fire sprinkler systems installed. The cul-de-sacs as shown on the preliminary drawings do not show the design radius. Cul-de-:"sacs must meet the requirements of the P AMC. 3. 4. 5. The Public Works and Utilities Department commented that: 1. (The applicant shall) Construct Campbell Avenue street improvements per the recorded Development Agreement. Campbell A venue adjacent to the northerly Green Crow property line west to Porter is to be constructed to a minimum 24-foot paved width with O.I-foot asphalt overlay, ditches, culverts, all-weather walkway, and driveway approaches along the Green Crow frontage. . Interior streets may be constructed to suburban standards: 60-foot right-of-way with 20' pavement. 60' right-of-way shall be dedicated extending Rook Drive to Wabash Street. If 50' wide right-of-way (identified in the Developer Agreement) is desired by the applicant within the PRD area only, streets shall be private, shall be privately 2. 82 Department of Community and Economic Development Green Crow PRD October 12, 2005 Page 3 3. maintained, and shall be posted ''No Parking" with signs to be installed per the City's suburban street development standards by the develope. r at the developer's expense. . Construct and dedicate a walking path from upper Rook Drive (in area of power lines) to lower portion of project through a public park at Campbell Avenue. Extension of utilities consisting of 8" water main with fire hydrants as required by the City's Fire Department, 8" sanitary sewer, storm drainage, detention with calculation, treatment and erosion control maintenance / plan covenant and underground electrical facilities. Addresses to be assigned by City of Port Angeles. Address shall be identified on the final mylar. Identify and delineate wetlands or buffer as required. Traffic study per mitigated measures MDNS #793 dated March 31, 1998. City Engineer has waived this requirement. Issues of concern were subsequentlv resolved through Developer Agreement. 4. 5. 6. 7. The Public Works and Utilities Department - Electrical Utility commented that: 1. Electric Utility requirements will be addressed after the plat is finalized (Preliminary approval) and additional data is provided. 2. Underground electric service is required for this development and the Residential Electric Service Connection Fee applies to each residence. 3. The Residential Service Connection Fee is separate from the electrical permit fees. 4. For each lot: Load calculations, meter locations, and other utility routes will be the driving factors of how electric service will serve the Green Crow Properties-PRD. The Parks & Recreation Department did not comment. . The BuUdin!?; Division will review plans when building permits are submitted. The Police Department commented that: 1. The Police Department is pleased with the multiple accesses to the site (Campbell Ave., Rook Dr., Wabash Ave.) 2. The dedicated park is seen as positive safety/community element of the development. 3. The walkway along Campbell Ave. to Race S1. addresses the department's concern about school children walking to the school bus stop at Campbell and Mt. Angeles Rd. 4. The department expressed concern over the continued lack of pedestrian facilities along Porter S1. PUBLIC COMMENT: Notice of the PRD was published in the Peninsula DailyNews on September 1,2005, posted on the site on August 31, 2005, and mailed to property owners within 300 feet of the proposed PRD . on August 29, 2005. As a result of the published notice, posting, and required mailing to property 83 . . . Department of Community and Economic Development Green Crow PRD October J 2, 2005 Page 4 owners within 300 feet of the proposed subdivision, the City received two comment letters. One letter writer was not opposed to the PRD development, but felt that improvement of Campbell Avenue east of the developer's frontage and of Wabash Street from Campbell Avenue to Eckard Street should be also be required as the developer's responsibility. Typically only development of the street directly adjacent to the development is the responsibility of the developer and any additional street improvements to connect the improved street to a previously improved street. The development of Eckard Street from Wabash Street to Rook Drive (internal to the development) was required by the City Fire Department to provide additional emergency access. It is anticipated that the majority of the traffic from the PRD will not exit via Eckard Street, but will follow Rook Drive .........L..._ r"'l_~__._1_ _11 It. ..._.. VUL LV \..-cUll!-'uell .t-\. venut:o A second letter writer sought information on several issues that have been addressed within this staff report. ENVIRONMENTAL REVIEW: Per the procedures in WAC 197-11-355, a Mitigated Determination of Non-Significance and Adoption of Previous Environmental Documents (#1125) was issued for the proposal on September 27,2005. The Department of Ecology did not provide comments; however, because the site is over 5 acres in area, the applicant should contact the Department of Ecology regarding requirements for NPDES and State discharge permits. The site contains a series of interconnected small wetland areas that. comprise a wetland complex. The wetlands were delineated and classified as Type III wetlands and contain a total of. approximately 1.8 acres. Additional wetland areas and buffers exist on the adjacent Riedel II subdivision, which is also a Green Crow development. An area of approximately 4.5 acres of the PRD and another 1.75 acres on the Riedel II site contain the wetland and wetland buffers. This area containing the wetlands and buffers are being set aside for protection and will contribute to the open space requirement for the PRD. Slightly over 2.5 acres of the site will become wetland buffer area, which can be used for passive recreational purposes including trails, wildlife observation platforms, or picnic tables and benches. The City has determined as policy that single-family residential use is considered a low intensity land use, which requires that a 50-foot buffer shall be applied to all Type III wetlands. The developer was allowed by a previous agreement with the City to remove trees from the wetland area as well as to relocate a portion of the wetland, existing on the extreme east side of the site, farther west in order to extend Rook Drive north to connect with Wabash Street. In response to those activities in the wetlands, the Developer has submitted a preliminary wetland restoration plan and a wetlands permit, # 04-01, was issued on November 1, 2004, for a portion of the work. The preliminary restoration plan indicates that the existing wetland areas on the site will be enlarged and enhanced to mitigate the project impacts on the wetlands. The resulting wetland area will exceed the area originally delineated as wetland. PAMC 15.24.050.11 indicates that trails and trail related facilities, such as benches and viewing platforms may be located within wetlands and their buffers. It is the intent of the developer to enhance the wetlands and the buffers with additional native vegetation and to include trails and related facilities into the site design. The plan indicates that a net increase in wetland area will be achieved through the implementation of the plan. . The plan calls for the wetland areas to be included into the stormwater management plan for the site to provide sufficient water to maintain the necessary hydrology of the enlarged wetland system. A monitoring component shall be included in the fmal wetland restoration plan. A fmal 84 Department of Community and Economic Development Green Crow PRD October J 2, 2005 Page 5 wetland mitigation plan must be approved and in place prior to approval of any phase of the PRDlsubdivision that is adjacent to any ofthe wetland areas. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ANALYSIS: A pre-application meeting was held in the City Hall Council Chambers regarding the PRD on March 16,2005, and a PRD application was submitted on April 18, 2005. Following a request for additional information on April 27, 2005, information was submitted on June 15, 2005, and further information was submitted on August 23, 2005, following a second request for information on July 19, 2005. The application was then determined to be complete on August 24, 2005. The City and the developer, Green Crow, Inc., entered into an agreement dated August 3, 2004, which outlined several development issues and the responsibility of the City and the developer for those issues. The application materials indicate that the PRD will take place. in four distinct phases. The specific phases are not shown on the plat map, however, the project narrative indicates that the phases will alternate between cottage lot groupings and single-family lot groupings as the phasing structure. Phase 1 shall include lots 1 through 11, the intersection of. Rook Drive and Eckard Avenue, and the connection of Eckard Avenue to Wabash Avenue. The completion of Rook Drive to Campbell Avenue shall be completed prior to finalization of subsequent phases. . The revised preliminary plat drawing for Green Crow shows a 43-lot subdivision proposal. Five (5) of the lots are proposed as multi-family lots with the remaining 38 lots designated for single-family use. Nineteen (19) of the single family lots are significantly less than the mi.1}imum standard 9,000 square feet required in the RS-9 zone and will be located in one of three clusters. Each cluster will be situated away from the access roads and are designed for small cottages with parking located off-site of the individual lots. The remaining 19 single-family lots will be a more typical arrangement with individual street frontages and on-site parking. These lots are also less than the required 9,000 square feet and range from 4,791 square feet to 8,052 square feet, with the average area being over 6,200 square feet. All lots in the PRD will be accessed from streets interior . to the site. Of the clustered cottage lots, 15 will be 3,600 square feet in area and the remaining 4 will be 4,500 square feet in area. These lots are designed to accommodate small, cottage style residences that will be in relatively close proximity to each other and will face onto a common green space. Parking will be provided in off-site community parking lots located close to the cottage cluster. The parking areas will consist of one 12' X 22' garage stall and one outside parking space for each cottage, and will be large enough to accommodate extra vehicles. The 19 single-family lots will be more traditional in layout and street frontage. These lots will all have direct access to the interior street and have on-site parking. One (1) four-plex unit has been completed on the site at this time. The proponent has not committed to a specific number of units in the remaining four multi-family structures, but stated in a letter dated June 15, 2005, that "the multi-family structures may be developed with up to 8 units per structure." There may be as many as 36 dwelling units within the five multi-family structures. The project reviewis assuming 8 dwelling units per multi-family lot (on the remaining four lots being proposed) for density calculations. While the proposed subdivision does not conform to all preliminary plat requirements, smaller lot size and private street access are permissible through City approval of a site specific planned residential development per P AMC Chapter 17.19. The small lots, though permissible in a planned residential development, are subject to overall density limitation. A portion of the site is zoned RHD and covers an area of approximately 89,100 square feet (2.045 ac). The remainder of 85 . . . Department of Community and Economic Development Green Crow PRD October /2, 2005 Page 6 . the site, or 16.9 acres, is zoned RS-9. The allowed density for the RHD zone is 38.56 dwelling units per acre and the density allowed in the RS-9 zone is 4.84 dwelling units per acre, or a calculated 81 possible dwelling units. The proposed density for the project is 3.9 dwelling units per acre (74 total dwelling units on a total 18.93 acres) assuming that the four multi-family units are built as eight unit structures. Building setback lines have also been reduced to correspond to the reduced lot sizes. As required by PAMC 17.19.050, the building setbacks along the exterior property lines will meet the standard for the RS-9 zone. A table indicating the required setbacks for each lot has been included with this staff report. The applicant has asked for a Boundary Line Adjustmt:IlL as part or the PRD review and approval process. as allowed per P AMC 17.19. The area being considered would transfer approximately 59,297 square feet or 1.36 acres to the area adjacent to the south, which is also being developed by Green Crow Inc., and is known as the Riedel II Subdivision. This boundary line adjustment will reduce the PRD site area to approximately 17.6 acres. This adjustment will increase the proposed density to 4.2 dwelling units per acre for the entire PRD site. In addition to the 38 single family residential lots and the 5 multi-family lots, the preliminary site plan shows a two acre park situated along the north property line adjacent to Campbell A venue. That area will be dedicated to the City for a public park. Additionally, there will be the large wetland area and several smaller associated wetlands, which along with their buffers, will be set aside as open space. The buffer areas may be developed with benches, trails, and observation platforms that can be used by residents and the public. A pedestrian trail will follow the BP A transmission line right-of-way and connect the north end of the PRD development with the south end of the Riedel II development. . This trail will allow residents of the Riedel II subdivision to easily access the park area, wetlands, and Campbell Avenue without having to walk along Mt Angeles Road. As a planned residential development, PAMC 17.19 requires that 30% of the site, or 5.7 acres, be common usable open space. One-half (or 15% of the overall PRD site, or 2.8 acres) must be for recreational purposes and maintained in common ownership, usually through a homeowners' association. The area proposed as the park (2.02 ac), the area covered by the 4.5 acres of wetland system, and the additional buffer area surrounding the wetland will exceed the 5.7 -acre requirement for open space in a PRD. The August 3, 2004, agreement between the developer and the City will allow a portion of the wetland and buffer that exists on the southern portion of the site (Riedel II development) to be credited to the PRD open space requirement. The PRD portion of the development will meet the open space requirement without the Riedel II wetland area. However, the developer is expecting that residents from both the Riedel II subdivision and the PRD will utilize the open space amenities. It is the intent of the developer to dedicate the 2+-acre park area to the City. It has been agreed upon between the City and developer that the developer will do preliminary park development and the City will undertake subsequent improvements desired by the City. The site preparation agreed upon will include rough grading necessary to prepare the site to eventually contain traditional neighborhood park elements. A power, water, and sewer connection stub shall be installed in a location mutually acceptable to both the developer and the City to enable future development of a public restroom to serve the site. The developer has indicated that a small stream will feed a pond located on the park site. The pond will be fed by surface runoff and its out flow will be metered so the rate and volume of water leaving the site will not exceed City and State stormwater regulations. Other pond areas are being developed as wetland mitigation/enhancement and for additionalstormwater treatment before the water reaches the park area. . 86 Department of Community and Economic Development Green Crow PRD October J 2, 2005 Page 7 The applicant has provided a draft Declaration of Covenants, Conditions, Restrictions and ............ . Easements (CC&Rs) that is being applied to the Riedel II subdivision to the south of the PRD. The document covers the methods that common ownership areas such as the wetlands and buffers, the trail system, detention ponds, aI1d common parking areas will be managed and maintained. A similar document will be required for the PRD. The City's Subdivision Ordinance and Urban Services Standards and Guidelines require the development of sidewalks along arterial streets but not on local access streets. All streets interior to the PRD will be local access streets that shall be developed to the City suburban street development standards as a minimum, including a 20-foot paved travel surface, vegetated drainage swales, and a 4-foot wide, paved walking surface on one side. The developer can choose to modify the street standards to include other features acceptable to the Public Works and Utilities Department. Per the Developers Agreement, "No Parking" signs shall be placed by the applicant as directed by the City on all 20'and 24' improved width streets. Interior streets will be located within 60-foot rights-of- way, unless otherwise approved by Public Works and Utilities Department, and dedicated to the City. It should be noted that the Riedel II subdivision roads have been developed to include a concrete sidewalk and concrete reinforced pavement edges not required by the City's suburban street development standards. The developer has also included street side parking areas located in the right-of-way as part of the Riedel II subdivision and has offered to provide the same in the PRD. The City and the developer must agree upon the design of the parking areas. The developer shall be responsible for improvements to Campbell A venue from the eastern point of ownership to Porter Street. Those street improvements shall include a 24-foot.;travel surface, vegetated swales for drainage, and a concrete sidewalk. The City will make similar improvements to Campbell Avenue, extending to Mount Angeles Road. Campbell Avenue is designated as a school walking route, and the combination of sidewalks on the interior streets (the . PRD and the Riedel II Subdivision), the walking path following the power line right-of-way, and the improvements to Campbell Avenue satisfy the requirement of RCW 58.17.110 to. assure safe walking conditions for students who only walk to and from school. Specific stormwater drainage plans have not been finalized at this time. However, the developer has indicated that the intent is to incorporate the wetland areas and a series of detention areas to maintain the necessary wetland hydrology and meet the State and City requirement that stormwater not be allowed to leave a site at a greater rate or volume than the pre-development rate and volume. By using the existing wetland area and incorporating additional areas into the wetland, the developer intends to create a system of infiltration and evaporation to reduce the volume of water reaching the outfall point of the project. Such natural drainage techniques are highly encouraged by the City. Specific Comprehensive Plan, Zoning Code sections, and Subdivision Ordinance citations and analysis are provided in Attachment B of this staff report. Attachments: A. Conditions, Findings, Conclusions B. Comprehensive Plan, Zoning Code, Subdivision Ordinance consistencyreview C. Application Materials D. Public Comment Letters 87 . . . . . . 88 Department of Community andEconomic Development Green Crow P RD October 12, 2005 Page 8 The following table shows the lot number, lot size, housing type, and setback distance for each proposed lot in the Green Crow PRD proposal. . Table 1 Lot size, housing type, and required setbacks Side wI Lot Number Lot Area Housino tvoe IOU) # units Setbacks Front Rear Side exterior corner A1 4500 cottage 1 10 25* 5 A2 4500 cottaoe 1 10 25* 5 . A3 4500 cottage 1 10 25* 5 A4 4500 cottaoe 1 10 25* 5 13 B1 3600 cottage 1 20 10 5 B2 3600 cottage 1 10 20 5 B3 3600 cottaoe 1 20 10 5 B4 3600 cottage 1 10 20 ..5 B5 3600 cottaoe 1 20 10 5 B6 3600 cottaoe 1 10 20 5 B7 3600 cottage 1 20 10 5 B8 3600 cottaoe 1 10 20 5 B9 3600 cottaoe 1 20 10 5 B10 3600 cottaQe 1 10 20 5 C1 3600 cottaoe 1 10 20 5 C2 3600 cottaoe 1 20 10 5 C3 3600 cottaQe 1 10 20 5 . .. C4 3600 cottaoe 1 20 10 5 C5 3600 cottage 1 10 20 5 1 7500 SinQle Familv 1 15 25* 7 . 2 7500 SinQle Family 1 15 25* 7 3 6500 Single Family 1 15 25. 7 4 7000 Sinole Family 1 15 25. 7 13 5 8052 Sinole Family 1 15 25 7 6 7591 Single Familv 1 15 25 7 7 4875 Sino Ie Family 1 15 25 7 8 5850 SinQle Family 1 15 25. 7 13 9 5850 Sinole Family 1 15 25 7 .. 10 5850 SinQle Family 1 15 25 7 11 5296 Single Family 1 15 25 7 12 5296 Sinole Family 1 25 25 7 13 4791 Single FamilY 1 25 25 7 14 6000 SinQle Family 1 15 25 7 15 6000 Single Family 1 15 25 7 . . 89 . . . Department of Community and Economic Development Green Crow PRD 16 6000 Sinale Family 1 15 25 7 17 6000 Single Family 1 15 25 7 18 6000 Single Family 1 15 15 7 19 6000 Sinale Family 1 15 15 7 M1 19683 Multi-family 4 M2 16961 Multi-family 8 M3 18730 Multi-family 8 . M4 26931 Multi-familv 8 1M' Total DU 116487 'M""."m;~ October 12, 2005 Page 9 8 90 Department of Community and Economic Development Green Crow PRD October 12, 2005 Page 10 ATTACHMENT A CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF GREEN CROW PRD . Conditions: 2. 3. 4. 5. 6. 7. 8. 1. All external building line setbacks shall meet RS-9 zone requirements. All lot lines (solid lines) and building setback lines (dashed lines) shall be accurately dimensioned on the final plat. All lots shall be configured to have a minimum lot size of 3,500 square feet or greater. All necessary on-site easements for access, drainage, and utilities shall be shown on the final plat. The stormwater drainage improvements shall be installed.. or bonded for per the City's Urban Services Standards and Guidelines and consistent with the Washington Department of Fish and Wildlife hydraulics permit application (HP A) requirements and the Department of Ecology NPDES permit requirements. The City Engineer shall approve the drainage plan for on-site and off-site facilities, which may include but not be limited to roadside swales, detention/retention facilities, or constructed wetlands used for stormwater management. The developer shall submit a final wetland mitigation plan that includes a monitoring element to the City. The wetland mitigation plan shall be approved and in place prior to final approval of any PRD/subdivision phases that abut or adjoin any portion of the wetland. The applicant shall construct Campbell A venue street improvements per the recorded Development Agreement which includes: Campbell Avenue adjacent to the northerly Green Crow property line west to Porter shall be constructed to a minimum 24-foot paved width with 0.1 foot asphalt overlay, ditches, culverts, standard sidewalk, and driveway approaches along the Green Crow frontage. Interior streets may be constructed to suburban street standards (dated 08/05) located in a 60-foot right-of-way with a minimum 20' paved travel surface. Sixty. foot (60') of right-of-way shall be dedicated extending Rook Drive to Wabash Street. (The 50-foot wide right-of-way, as identified in the Developer Agreement, may be chosen by the applicant within the PRD area, however, streets shall be private and shall be privately maintained). All streets interior t6 the subdivision developed to suburban street standards shall be posted "No Parking" by the developer as directed by the City's Public Works and Utilities Department; provided that, parking may be allowed in designated vehicle pullouts located along the interior roads as approved by the City Engineer. Once street design is decided upon, that design shall be carried through the entire PRD. The construction of Rook Drive connecting Eckard Street to Campbell Avenue through the PRD shall be completed prior to final approval of the second phase of construction. Phase 1 shall include lots 1 through 11 and the intersection of Rook Drive and Eckard Avenue. . . 91 Department ojCommlmity and Economic Development Green Crow PRD October 12, 2005 Page 11 . 9. A sidewalk shall be constructed and dedicated by the developer from upper Rook Drive (in the area of the power line right-of-way) to the lower portion of the project through a public park at Campbell Avenue. Final design and location of the walkway shall be determined once final design of the park area has occurred. 10. Adequate provisions for two off-street parking spaces shall be made (on-site) for each single-family residential lot. Two off-street parking spaces for each cottage lot shall be shown on the final plat and shall be located in close proximity to cottage clusters A, B, and C. 11. Electrical, telecommunications, and street lighting shall be installed or bonded per the Light Division standards. Electric utility service shall be underground. 12. No more than 74 dwelling units may be connected to the City's water and sewer systems without review and approval by the City Engineer demonstrating adequate system capacities. 13. Address numbers shall be identified and placed on the final plat as provided by the City. 14. The final PRD shall provide for continuous and perpetual maintenance of common open space, common recreation facilities, private roads, utilities and utility easements, common parking areas, and other similar development within the boundaries of the PRD in form and manner acceptable to the City. The area proposed as a park and to be dedicated to the City shall be exempt from this requirement once the park has been dedicated to the City. 15. A final wetland restoration plan shall be submitted to the City of Port Angeles for review and approval. Wetland mitigation per the approved final wetland plan shall be implemented on site and approved by the City of Port Angeles prior to final approval of the PRD phases that abut the wetland areas. All wetland buffers shall be identified by some means acceptable to the Director of Community and Economic Development, posted as an Environmentally Sensitive Area, and surveyed onto the final plat mylar. Additional wetland conditions may be applied to the wetland permit as its review is completed. 16. Fire hydrants shall be placed per the project narrative included in the application. Fire hydrant locations shall be approved by the Port Angeles Fire Department prior to final installation of the hydrants. 17. Twenty (20) feet of clear width shall be required for all fire department access. Cottage cluster design shall be such that no portion of any structure is more than 150' (measured as hose lay distance) from fire truck access locations. 18. All structures located more than a 150' hose lay distance shall be equipped with residential fire sprinkler systems. The Fire Department shall review and determine the need for residential fire sprInkler systems. 19. Proposed 8" sanitary sewer shall be provided as shown per City Urban Standards, and line size and detention calculations for proposed storm drain shall be required. 20. The legal description of the subject property of the PRD shall be provided on the face of the final plat. . . 92 Department of Community and Economic Development Green Crow PRD October 12, 2005 Page J 2 Findings: 1. The City received an initial planned residential development site plan on April 18, 2005. A pre-application meeting was held on March 16, 2005. Following a request for additional infonnation, letters of clarification, revised site plans, and photographs depicting housing types were submitted on June 15 and August 23, 2005. The Green Crow planned residential development and preliminary subdivision applications were determined to be complete on August 24, 2005. 2. The revised preliminary plat drawing for Green Crow PRD shows a 43-lot subdivision proposal. Nineteen (19) lots are designed for cottage homes and are approximately 3,600 square feet in area, 19 other lots are designed for typical single-family homes and average 6,200 square feet in area. The remaining 5 lots are designed for multi-family residential units. 3. A Development Agreement was entered into between the City of Port Angeles and Green Crow, Inc., a Washington corporation (the "Developer") on August 3, 2004, which set out specific requirements for the PRD,. including application submittal dates and development standards for streets, utilities, open space, wetland mitigation, and fire protection. 4. The small lots, though permissible in a planned residential development, are subject to overall density limitation. The overall density of the Green Crow PRO is 3.9 units/acre. S. Port Angeles Municipal Code (P AMC) Chapter 17.19 sets forth the City's requirements for the approval of planned residential developments, and P AMC Chapter 16.08 sets forth the City's requirements for the approval of subdivisions. 6. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform division of land within the State of Washington. Section 58.17.11 0 requires a city to inquire into the public use and interest proposed to be served by the establishment of a subdivision. It shall determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school and whether the public interest will be served by the subdivision. A proposed subdivision shall not be approved unless the city can make written findings that these provisions are made. The Green Crow PRD as conditioned meets the requirements of RCW 58.17. 7. The purpose of a planned residential development (PRD) is set forth in Section 17.19.010 as follows: This Overlay Zone is to provide alternative zoning regulations which permit and encourage design flexibility, conservation and protection of natural amenities and critical areas, and innovation in residential developments to those regulations found in the underlying zone. It is intended that a Planned Residential Development will result in a residential environment of higher quality than traditionallot-by-Iot development by use of a design process which includes within the site design all the components of a residential neighborhood, . . . 93 Department of Community and Economic Development Green Crow PRD October 12, 2005 Page 13 . such as open space, circulation, building types, and natural features, in a manner consistent with the public health, safety, . and welfare. 8. 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. 9. ThePRD and preliminary plat applications were determined to be complete on August 24, 2005. The City Council must act on the PRD and preliminary subdivision by its November 15, 2005, meeting to be within the 90-day time limit set by RCW 58.17.140. The applicant may consent to a 2I-day extension to the 90-day time limit. 10. The proposed 18.93-acre Green Crow Planned Residential Development (PRD) and Subdivision site is located on the south side of Campbell Avenue and east of Porter Street. 11. The site slopes downward from south to north with some steep slopes on the northern portion of the site and relatively fiat ground on the southern portion of the site. 12. The preliminary plat application includes a drawing dated received April 18, 2005, and a revised drawing received August 24,2005, prepared for the applicant Green Crow Properties, Inc., by Wengler Surveying and Mapping Co., provided in Attachments A and B, and,~sed as the basis of the preliminary plat review. The final plat will be entitled . Green Crow Planned Residential Development and Subdivision. 13. The site is served by Campbell Avenue and Wabash Avenue, and Rook Drive off of Mt Angeles Road. 14. The proposal has been reviewed with respect to the Comprehensive Plan, Zoning Code, and Subdivision Ordinance. The Comprehensive Plan land use designations for the site is Medium Density Residential (MDR) and High Density Residential (HDR). Approximately 2 acres of the 18.93 acre property in the PRD is zoned Residential High Density RHD and the remainder is zoned Residential Single Family RS-9. Other surrounding properties are also zoned RHD Residential High Density and RS-9 Residential Single Family and either are developed with a mix of low density residential uses or multi-family residential uses. 15. The City's Fire, Public Works, Parks and Recreation, and Community and Economic Development Departments reviewed the proposed planned residential development and subdivision preliminary plat. Reviewing Department concerns will be addressed in the recommended conditions of approval. 16. The proposed Green Crow PRD and Subdivision is inside of the Fire Department four-minute response area. 17. Public notice of the PRD and subdivision application was published on September 1, 2005, posted on the site and mailed to property owners within 300 feet of the proposed subdivision on August 31, 2005. The Department of Community and . . 94 Department of Community and Economic Development Green Crow PRD October J 2, 2005 Page J 4 Economic Development received two public COiTuilent letters, which is provided . in Attachment D. 18. The subject property is identified as Medium Density Residential (MDR) and on the Port Angeles Comprehensive Plan Land Use Map. The following Comprehensive Plan policies are found to be most relevant to the proposal: Growth Management Element Goal A; Land Use Element Goal A, Policy A.2, Goal B, Policies B.1-3, Goal I, Objective 1.1; Transportation Element Goal A, Policies A.3 and A.6; Utilities and Public Services Element Policy D.1; Housing Element Goal A; Conservation Element Goal A, Policies A.I-3, Goal B, Policies B.1-B.2, B.4, B.16, Objectives B.3-B.4; Capital Facilities Element Policies A.10, and B.6 and Policy CA. 19. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service, and electrical service (Capital Facilities Element Policy A.9). 20. The Comprehensive Plan recommends concurrency for solid waste collection, stormwater management, telecommunications service, and emergency services (police, fire and emergency medical response) (Capital Facilities Element Policy A.IO). 21. The City's Comprehensive Plan (Land Use Element Goal B) states the intention to have a community where residential development and use of the land are done in a manner that is compatible with the environment, the characteristics of the use and the users, and the desired urban design of the City. 22. A planned residential development is one of the innovative techniques the City has to achieve implementation of Open Space and Conservation policies and the . desired urban design of the City. 23. The proposal meets the minimum site size for a planned residential development. Both single-family residential units and multi-family units are proposed. 24. The subject property in the Green Crow PRD and Subdivision is identified by the Port Angeles Zoning Map as RHD Residential High Density, which allows a density of up to 38.56 units per acre and Residential Single Family RS-7, which allows a density of up to 4.84 units per acre. The revised preliminary plat drawing dated August 24, 2005, indicates that each lot in the proposed subdivision will be at least 3,500 square feet in size. 25. The small lot and PRD housing model designs are intended to be modest in costs for new single family homes, providing starter homes for new families and other first time home buyers, or options for older citizens looking for opportunity to reduce home and yard maintenance responsibilities. This small lot housing design is still rather unique. to the City and provides an alternative residential opportunity . 26. All required utility improvements including potable water, sanitary waste, electrical, and refuse collection have been provided to the subject site or are available in the area. 27. The Port Angeles School District currently serves the area, and school capacity is not an issue with the present trend in declining enrollments. 28. There are designated school walking routes in the vicinity. Walking paths through the PRD and sidewalks along Campbell Avenue provide a safe walking . route to Mt. Angeles Road, where transit services are available. 95 1- Department of Community and Economic Development Green Crow PRD October' 2, 2005 Page 15 . 29. 30. 31. 32. . 33. The City's Police, Fire, and Public Works Departments currently serve the site. Building permits are required for all structures on any approved building lots. All local Building and Fire Codes apply to any new construction on the subject property. Clearing and grading permits are required for any initial site development on sites greater than one acre in size. The City's State Environmental Policy Act (SEP A) Official issued a Mitigated Determination of Non significance (MDNS #1125) and adoption of environmental documents on September 27,2005, satisfying the City's SEP A responsibility. Trees were removed from the wetland area on February 9,2005, using cable drag and crawler equipped traction units to remove logs. A preliminary wetland restoration/mitigation plan has been submitted to the City of Port Angeles. Conclusions: 1. The conditions of approval of the Green Crow PRD and preliminary subdivision are consistent with provisions in the City's Zoning Code and Subdivision Ordinance and are necessary to implement the goals, policies, and objectives of the City's Comprehensive Plan. As conditioned, all the necessary public improvements will be installed per the City Urban Services Standards and Guidelines. As conditioned, the configuration of the proposed subdivision lots and street layouts conform to the desired urban design of the City for residential developments in outlying areas where there is no grid street pattern and where suburban street development standards are allowed. The curvilinear private streets with a 20-foot paved surface (signed for no parking along the streets) will reduce stormwater runoff and will provide adequate access for each residential lot. As conditioned, the utility services will be provided consistent with the Urban Services Standards and Guidelines and the Capital Facilities Element of the Comprehensive Plan level of service standards. Improvements to downstream sanitary sewer capacity have been provided and no further capacity improvements are needed for the additional units of Green Crow PRD. The small lots proposed. for the Green Crow PRD and subdivision are desired for several reasons: 1) the geographical and BP A easement constraints on the site; 2) the mixed types of housing already located in the zone and vicinity; 3) the provision of affordable homes for new families and other first time home buyers; and 4) the lots satisfy the desired urban design of the City, except for their small size, which fits the density requirements of the RHD and RS-9 Zones and the PRD Overlay Zone. This is not the basic urban land use pattern for the City's higher density multi- family residential neighborhoods that are located on and adjacent to the north of this site. The density is much more like a single-family residential neighborhood, and the street and block system is more like. outlying areas. The site is a mix of high-density zoning and low-density zoning. While it does not meet the high- 2. 3. 4. 5. 6. 96 Department of Community and Economic Development Green Crow PRD October 12, 2005 Page 16 ,.1""n"l'1-<' pUI'-"'OSeS "f'tho Dun 7"ne 1tdoes "''''o''l'do -f.o'" a "ar...;etv of' ,.1on""t1'oS ,.nth u.......l LJ L) Y V.L t,....&. .... .J."-L"'~ LJV.A. ,....... 1-'............&......,.... J .L ""'..... ~.u. '-' V\'.a. J.. surrounding open spaces consistent with the PRD Overlay Zone. 7. The Green Crow PRD and Subdivision provide an alternative residential development design to the basic single family residential neighborhood and the basic multi-family residential neighborhood in a manner that is affordable as starter homes for new families and other first time home buyers. Conditions are recommended that would satisfy the PRD standards that are not included in the proposal plans. 8. As conditioned, the Green Crow PRD and Subdivision preliminary plat is consistent with the Comprehensive Plan and Zoning Code. 9. As conditioned, the Green Crow PRD and Subdivision preliminary plat is in conformance with the Port Angeles Subdivision Ordinance, Chapter 16.08 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW. 10. 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. 11. As conditioned, the public interest is served in the preliminary approva1~of planned residential development and platting of the subdivision as articulated in the City's Comprehensive Plan, Zoning Code, and Subdivision, Ordinance. The subdivision provides for development of new homes within the City of Port Angeles consistent with the Growth Management Act and beneficial to the City's tax base. . 12. The City Engineer must approve the final drainage plan, and the City's stormwater drainage standards will require that the proposed development not impact downstream properties anymore than pre-development conditions. The drainage and erosion control plans also are subject to the Department of Ecology NPDES permit. 13. A portion of the site open space area is located under the BPA transmission lines. Electro-magnetic force (EMF) fields are not regulated by local jurisdictions, and, therefore, the EMF environmental impacts have not been analyzed in this review. 14. The Green Crow proposal is designed to meet the 30% common usable open space requirements of P AMC 17.19.050. Available open space on the site plan appears to be slightly more than the 5.7 acres of recreational area required of the approximately 18.93 acre site. 15. The PAMC Chapter 17.19 Planned Residential Development Overlay Zone and Chapter 16.08 Subdivision Regulations allow for variations from standards variations in street improvements, blocks, lots, and building line setbacks.. 97 . . . . . . 98 October 12. 2005 Page 17 Department of Community and Economic Development Green Crow PRD ATTACHMENTB COMPREHENSIVE PLAN, ZONING CODE, SUBDIVISION ORDINANCE CONSISTENCY REVIEW COMPREHENSIVE PLAN: The Comprehensive Plan estahlishes the long range goals and policies of the City. \( 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. Map Designation The Comprehensive Plan and Land Use Map identifies the northern portion of the site as High DenSity Residential (HDR) and the southern portion of the site as Medium Density Residential (MDR). Although High Density Residential allows an overall residential density much higher than proposed by the PRD, the site is proposed for the development of small lot, single-family homes. The site development proposal results in an overall site development of approximately 4.2 units per acre, which is at a low density rather than high-density urban design. The average lot size of the 19 single family lots in the planned residential development is approximately 6,207 square feet per lot, and the cottage lots average 3,544 square feet per lot. All but four of the cottage lots are 3,600 square feet in area. As a general rule in the Port Angeles Zoning Code, single-family dwelling units are required to have at least a 7,000 square foot minimum lot size. The cottage lots are supplied with additional area for parking andlor storage in the common designated parking areas. The single family lots will be required to provide for all their parking needs on site as the streets will be marked for no parking. The subject site is not located in an area with a grid _et system and may be developed with cul-de-sacs and curvilinear streets to achieve the desired urban design of the City. Goals, policies, and Objectives The following goals, policies and objectives have been identified as being the most relevant to the proposed subdivision: LAND USE ELEMENT Residential Goat A: To guide current andfuture development within the City in a manner that provides certainty to its citizens about future land use and the flexibility necessary to meet the chatlenges and opportunities of the future. Policy A.2:. All land use decisions and approvals made by ihe City Cuunci/ and/or any of its appointed commissions, Boards or Committees shuuld be consistent with the Comprehensive Plan and its land use map. 99 . . . . . Department of Community and Economic Development Green Crow PRD October 12, 2005 Page 18 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.l:Urban services shall be available for all residential areas as required by the Capital Facilities Element concurrency policy. As conditioned, the utility services will be provided consistent with the Urban Services Standards and Guidelines and the Capital Facilities Element of the Comprehensive Plan level of service standards. 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 offire protection and service vehicle access as key factors in the street design and circulation pattern. For efficient circulation, rights-oi-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. As conditioned, the configuration of the proposed subdivision lots and street layouts conform to the desired urban design of the City for the residential developments in outlying areas where there is no grid street pattern and suburban street development standards are allowed. The curvilinear private streets and cul-de-sac with a 24-foot paved surface and no parking along the streets reduce stormwater runoffand still provide adequate access for each residential lot. Open Space Goal I: To create open space reliefwithin the urban landscape, to retain natural landscapes, to preserve fish and wildlife habitat, and to provide natural corridors which connect wildlife habitats owners. Objective 1.1: The City will develop a program of land banking, transfer of development rights, or other innovative techniques which preserve open spaces. A planned residential development is one of the innovative techniques the City has to achieve implementation of Open Space and Conservation policies. The Green Crow proposal must be conditioned to meet the 30% common usable open space requirements ofPAMC 17.19.050. Available open space on the site plan appears to be more than the 5.7 acres of active recreational area required of the approximately 17.6 acre site. A final open space area and recreational facilities plan must be submitted for final approval. 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 d safe, economical, and efficient manner. PolicyA.3: The collector arterial streets and local access streets should serve primarily local traffic with special emphasis on safety for pedestrian traffic. 100 Department of Community and Economic Development October J 2. 2005 GreenCrowPRD PageJ9 Policy A.6: Planningfor transportation services andfacilities (includingpublic streets, . bikeways, pedestrian walkways, and public and private air, marine and land transit services andfacilities) shall be performed consistent with the goals and policies of the Capital Facilities Element. The proposed suburban street development improvements provide for local traffic with special emphasis on pedestrian walkway facilities along Campbell Avenue and the interior streets. The pedestrian path connecting the southern portion of the Green Crow development (Riedel II) with Campbell Avenue allows pedestrians to avoid walking on Mt. Angeles Road, a major travel corridor that does not include pedestrian amenities. UTILITIES AND PUBLIC SERVICES ELEMENT Policy D.I: Urban services should be designed for the maximum planned density and/or land use intensity of a given area as designated on the Comprehensive Plan Land Use Map. Although the subject property is shown as HDR High Density Residential and MDR Medium Density Residential on the Comprehensive Plan Land Use Map and RED Residential High Density and RS-9 Single Family Residential on the Zoning Map, the" desired urban design of the City is better reflected in the planned residential development and subdivision of the subject property into 38 small single family residential lots greater than 3,500 square feet in size and 5 multi-family lots, since this is an outlying area of the City with only suburban street development standard streets proposed. The surrounding properties are developed with a mix of low-density single-family residential uses and r higher density apartment buildings. . HOUSING ELEMENT Goal A: To improve the variety, quality, availability, and affordability ofhousing opportunities in the City of Port Angeles. The small lot and PRD housing model designs are intended to be priced as modest in costs for new single family homes, providing starter homes for new families or other first time home buyers, or for a maturing population interested in smaller maintenance requirements and an increased sense of community and neighborhood. This small lot housing design is still rather unique to the City and provides an alternative housing opportunity . CONSERVATION ELEMENT Goal A: To create and maintain a community with a high quality of life where the land is used in a manner that is compatible with the area's unique physical features, its natural, historical, archaeological, and cultural amenities, and the overall environment. Policy A.1: The City should require all development, including the location and design of . all structures and open space areas, to be compatible with the unique physical features 101 Department o/Community and Economic Development Green Crow. PRD October 12, 2005 Page 20 . and natural amenities of the land and complement the environment in which it is placed, while recognizing the rights of private ownership. Policy A.2: The City should promote compatibility between the land and its use by regulating the intensity of the land use. Policy A.3: The City should adopt development criteria which promote the use of innovative design techniques to provide for the use of the land in a manner compatible with any unique physical features or valuable natural, historical, and/or cultural cimeniti~s. Goal B: To protect and enhance the area's unique physical features, its natural, historical, archaeological, and cultural amenities, and the overall environment. Policy B.l: The City shouldfurther public interest by protecting and enhancing the area's unique physical features, valuable natural, historical, archaeological, and cultural amenities, and the overall environment, while recognizing the rights of private ownership. Policy B.2: The City should maintain and preserve its unique physical features and natural amenities, such as creeks, streams, lakes, ponds, wetlands, ravines, bluffs, shorelines, and fish and wildlife habitats. . Policy B.3: The City should protect and enhance the characteristics of its unique residential neighborhoods. Policy B.4: Building density should decrease as natural constraints increase. Policy B.l6: The City should designate open space areas to preserve major or unique physical features and/or serve as natural greenbelts and wildlife corridors. Objective B.3: The City will identify and implement site specific requirements for individual development proposals to mitigate any negative impacts created by the development, particularly to an area identified as an environmentally sensitive area. Objective B.4: The City will adopt and enforce regulations which require all new development to provide adequate stormwater retention/detentionfacilities necessary to protect water quality. The site open space areas are separated from the residential lots by the required wetland buffers established in PAMC 15.24. Additionally, no lot lines are located within the wetland buffers, effectively increasing the required buffer distance. Open space is also provided through the BP A transmission line right-of-way and the. dedication of 2+ acres of park land adjacent to Campbell Avenue. CAPITAL FACILITIES ELEMENT . Policy A.lO: The City should require the following utilities and services at the time of development: solid waste collection, stormwater management, telecommunications service, and emergency services (police, fire and emergency medical response). 102 Department of Community and Economic Development October 12, 2005 Green Crow PRD Page 21 Policy B.6: The City should not approve any development that increases a site's post- . development stormwater run-off beyond that allowed by the Stormwater Management Manual for the Puget Sound Basin as adopted by the City. Stormwater drainage improvements must meet the City's Urban Services Standards and Guidelines and are subject to the Department of Ecology' s NPDES permit requirements. Specific stormwater concerns will be addressed through a site-specific drainage plan. The drainage plan shall include specific information on collection and routing of storm water to effectively avoid negative impacts to the wetland on site and to meet the City requirements as stated in the Stormwater Management Manual for the Puget Sound Basin as adopted by the City. 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. The Fire Department's comments regarding residential sprinkler system have been included in the conditions of preliminary approval of the PRD and subdivision plat. ZONING CODE: . The Zoning Ordinance is the primary 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 being partly RHD Residential High Density, and partly RS-9 Residential Single Family. The purpose and intent of the RHD Zone is as follows: This is a high-density residential zone for multi1amily 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. This zone provides the basic urban land use pattern for the City's higher density multi1amily residential neighborhoods (at seven times the density of the City's basic singlefamily residential neighborhoods), following a standard rectangular street grid system of 60100t rights-ofway for local access streets and 300100t by 500100t blocks and usually located in areas that are largely developed and closer to the center of the City. The minimum lot area is 7,000 square feet. Density shall not exceed 2 dwelling units for the first 7,000 square feet oflot area (maximum of38.56 units/acre). All lots . shall comply with the minimum area and dimensional requirements as follows: 103 . . . Department of Community and Economic Development Green Crow PRD October /2, 2005 Page 22 Front: Rear: 25 feet 25 feet, except 10 feet for detached accessory buildings in the rear one-third of the lot 7 feet, except 3feet for detached accessory buildings in the rear, and, on corner lots, the side yard abutting a street shall have a setback of 13 feet from access streets and 18 feet from arterial streets 30% 35feei Side: Max. Lot Coverage: Maximum Heighi: The purpose and intent of the RS-9 Zone is as follows: This is a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting ofpredominantly singlefamily homes on larger than standard Townsite-size lots. Uses that are compatible with andfunctionally 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 providesfor a variety in the urban land use pattern for the City's single family residential neighborhoods, following a curvilinear street system of non-through public and private streets with irregularly shaped lots, minimum 75-footfront .lot lines, and 60- foot rights-ofway 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. Density shall not exceed 1 dwelling units for the first 9,000 square feet of lot area (maximum of 4.84 units/acre). All lots shall comply with the minimum area and dimensional requirements as follows: Front: Rear: 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 accessory buildings in the rear, . and, on corner lots, the side yard abutting a street shall have a setback of J 8 feet 30% 30feet Side: Max. Lot Coverage: Maximum Height: The proposed subdivision appears to conform with both the RS-9 and the RHD zoning requirements regarding density, given the allowances in a PRD to waive the minimum lot size and that all of the lots exceed a minimum of 3,500 square feet. However, other requirements do not appear to be met in some or many instances, particularly regarding setbacks. Since it is designed as a small lot, single-family subdivision partly in a Residential High Density Zone and partly in a low density, large lot, residential zone, the City has discretion to determine if the purposes in the Zoning and Subdivision Ordinances are met per PAMC Sections 17.19.040 and 17.19.050. This is not the basic urban landuse pattern for the City's higher density multi- family residential neighborhoods. The density is much more like a single-family residential neighborhood, and the street and block system is more like that for outlying areas. While it does not meet the high-density purposes of the RHD Zone, it does 104 Department of Community and Economic Development Green Crow PRD October 12, 2005 Page 23 provide for a density similar to a single-family development with surrounding open spaces consistent with the PRD Overlay Zone. . The purpose and intent of the PRD Planned Residential Development Overlay Zone is as follows: This Overlay Zone is to provide alternative zoning regulations which permit and encourage designjlexibility, conservation and protection of natural amenities and critical areas, and innovation in residential developments to those regulations found in the underlying zone. It is intended that a Planned Residential Development will result in a residential environment of higher quality than traditionallot-by-lot development by use of a design process which includes within the site design all the components of a residential neighborhood, such as open space, circulation, building types, and natural features, in a manner consistent with the public health, safety, and welfare. The proposal meets the minimum site size for a planned residential development, and a mix single family homes and multi-family structures, which are permitted uses in the RHD Zone, are proposed. The PRD must comply with the following land use regulations and standards: 17.19.040 Permitted Modifications of Land Use ReflUlations. The approval of a Plan~~ed Residential Development may include modifications in the requirements and standards of the underlying land use regulations of the zone in which the project is located, subject to the limitations of this Chapter, except that no approval shall include a modification, variance or waiver of the setback areas required by the underlying zones along the exterior property lines of the P RD or of the requirements of the Shoreline Master Program except as provided in Chapter 173-14 WAC. For the purpose of this section, minimum setbacks along exterior property lines shall be based on the final lot configuration after subdivision of the property. . 17.19.050 Standards. The following standards shall apply to all Planned Residential Developments: A. All street and utility improvements shall be constructed to standardsspecified by the City of Port Angeles. Street widths may vary from widths required in the Subdivision Regulations, and interior circulation streets may be either public or private. B. All Planned Residential Developments shall devote at least 30% of the gross area of the site to common usable open space, half of which must be usedfor recreational purposes and none of which will be credited in the setback areas required along the exterior property lines of the P RD. Street rights-oJ-way, driveways, parking lots and utility structures shall not be counted as part of the common usable open space. Common usable open space shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels unless such parcels are to be owned by a homeowners association. Community recreation facilities and recreation structures shall be included in calculating the area devoted to common usable open space. C. All Planned Residential Developments shall provide for continuous and perpetual maintenance of common open space, common recreation facilities, private roads, utilities, parking areas and other similar development within the boundaries of the PRD inform and manner acceptable to the City. D. Platting shall be required of all projects, which involve or contemplate the subdivision of land. Lots in a platted Planned Residential Development may be sold to separate owners according to the separate lots as shown in the recorded plat, which is approved in . 105 . . . Department of Community and Economic Development Green Crow PRD October 12, 2005 Page 24 connection therewith. Development of all lots within the platted Planned Residential Development shall be as shown in the approved P RD. No further subdivision of land within the Planned Residential Development will be permitted unless aformal amendment to the PRD is approved. E. Conditional Use Permits shall be required of all projects, which involve or contemplate conditional uses, which may be allowed in the underlying zone(s). No further conditional use permits, except home occupations, will be permitted within the Planned Residential Development unless aformal amendment to the PRD is approved. F. For any underlying land use regulatory process that is consolidated through the PRD overlay process, the criteria and development standards afthat underlying land use regulatory process shall be met. Any subsequent landuse decision made pursuant to an underlying land use regulatory process shall also require aformal amendment to the PRD. G. To encourage designflexibility, conservation of natural amenities, and innovations which result in a higher quality residential environment than traditional subdivisions, site planning and architectural review which address the follOWing criteria are required of all development in the P RD. Where applicable, the design of P RDs shall accomplish the following to the greatest extent possible: 1. Preserve unique physical features of the site including, but not limited to, creeks, wetlands, ravines, bluffs, lakes or ponds, shorelines, and forest areas. 2. Preserve scenic view corridors, both internal and external to the site. 3. Provide recreationfacilities including, but not limited to, bicycle or pedestrian paths, children's play areas and playfields. 4. The design of all open space areas and building structures shall be compatible with and complementary to the environment in which they are placed. H. All Planned Residential Developments shall comply with the goals and policies of the Port Angeles Comprehensive Plan. The Green Crow PRD and Subdivision provide an alternative residential development design to the basic single family residential neighborhood and the basic multi-family residential neighborhood in a manner that is affordable as starter homes for new families and other first time home buyers. Conditions are recommended that would satisfy the PRD standards that are not included in the proposal plans. SUBDIVISION ORDINANCE: The City's Subdivision Ordinance, 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 Councilor the Commission, the street layout of any new plat submitted shall be in general conformance to said pattern or plan. Otherwise proposed streets in , new subdivisions shall conform to the Comprehensive Plan and Urban Services Ordinance as adopted. No plan/or the platting, replatting, subdivision, or dedication of any area shall be recommendedfor approval by the Commission unless streets shown therein are connected by 106 Department of Community and Economic Development Green Crow PRD OctoberI2, 2005 Page 25 sUi/aced road to an existing improved public right-ai-way adequate to serve the existing and new lots. Where the Comprehensive Plan or the City's official street plan indicates the necessity of a new right-of-way of a required width or portion thereoffor 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 useofland. 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: (1) 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. . . Nothing included in the planned residential development and subdivision preliminary plat appears at odds with the above general standards, principles, and policies of Section 16.08.060(A) and (B) of the Port Angeles Municipal Code. Additional facilities, which are not included, should be required per the recommended conditions for adequate open spaces and recreation facilities and for revised building setbacks per either the RS-9 or RHD Zone. C. STREETS AND ROADS. 1. The arrangement, character, extent, width, grade and location of all roads shall conform with the Comprehensive Plan, including the Capital Facilities Plan, and Urban Services Ordinance 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 major streets in the surrounding area; or shall conform to a plan for the neighborhood, approved by the Commission, to meet a particular situation where topographic or other conditions make continuance or conformance to existing roads impracticable. This shall also apply to cluster subdivisions. . 3. If a preliminary or suggested plan for an area has been made by the Commission, the street layout of a proposed subdivision in such an area shall be in general conformance to the plan. . 107 . . . Department o/Community and Economic Development Green Crow PRD October 12. 2005 Page 26 4. When a portion of a 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. 5. Where a tract is subdivided into lots or tracts of an acre or more in area, the Commission may require an arrangement of lots and streets such as to permit a later resubdivision in conformity with the street and lot requirements specified in these Regulations. 6. Wherever practical, dead-end streets shall be avoided. However, roads designed with a turn-around at one end (cul-de-sac) may be used when conditions warrant their use. 7. Wherever practical, minor streets shall be laid Qui io discourage Through traffic within residential neighborhoods. 8. Where a proposed subdivision abuts or contains an existing or proposed major road, or is adjacent to an existing or planned business, commercial or industrial district, the Commission 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. 10. Streets shall be laid out so as to intersect as nearly as possible at right angles. Acute angle intersection shall be avoided. The public street improvements for Campbell Avenue are planned and conditioned to meet City suburban street development standards. The interior street improvements should also meet City suburban street development standards at a minimum. The 20-foot wide paved interior streets must be posted for no parking, since there is not adequate pavement to allow for anything more than service and emergency vehicle access as well as individual lot access. Additional adequate paved areas may be provided within the right-of-way to allow for parking that would not interfere with safe passage of vehicles. The lots satisfy the desired urban design of the City, except for their small size, which fits the density requirements of the RHD/RS-9 Zones and the PRD Overlay Zone. The lots generally are rectangular in shape with appropriate ratios of width to length. 108 Department of Community and Economic Development Green Crow P RD October 12, 2005 Page 27 Lots 12 and 13 are wedge shaped and do not fit the typicai rectangular configuration that is most preferred, however, the shape is not uncommon in subdivisions with cul-de-sacs. F. PUBLIC SPACES. 2. Where deemed essential by the Commission, upon consideration of the particular type of development proposed in the subdivision, and especially in large-scale neighborhood unit developments not anticipated in the Comprehensive Plan, the Commission may require the dedication or reservation of such areas or sites of a character, extent and location suitable to the needs created by such development for schools, parks and other neighborhood purposes. 3. Due regard shall be shown for the preservation of outstanding natural and cultural features such as scenic spots, water courses, and historic sites, consistent with the Comprehensive Plan, the Wetlands Protection Ordinance, and the Environmentally Sensitive Areas Protection Ordinance. Preliminary approval of the PRD and Subdivision are conditioned to provide for parks and other recreational areas. The School District does not have need for land for school development. G. EASEMENTS. 1. Utility easements shall be provided, centered on front, rear, or side lot lines. 2. Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. Parallel roads or parkways may be required in connection therewith. H. STREET LIGHTING. Street lighting installations shall be located in reference to the dimensions offull-grown trees and in accordance with the determinations and standards of the City Engineer. Street lighting is required per the City's Urban Standards and specific locations . for streetlights are outlined in the August 3, 2004, developers agreement. I DIMENSIONAL STANDARDS. Variations from and exceptions to thefollowing standards may be made by the Commission, where topographic or other existing conditions make adherence to these Regulations impractical. 1. LOTS. 1. The minimum width, depth, area and setback dimensions of all lots in proposed subdivisions shall conform with City Zoning Regulations. If any dimension in a plat is more restrictive than the said Regulations, then the most restrictive dimension shall apply. M BUILDING LINE SETBACK 1. The building line setbackfrom the property lines of all lots shall be indicated by a dashed line on all plats. P. SIGNAGE One (1) freestanding sign no larger than twenty-four (24) square feet in area shall be permittedfor identification of the subdivision. 109 . . . . . . Department o/Community and Economic Development Green Crow PRD October 12, 2005 Page 28 The Planned Residential Development allows for variations from standards as well. In this case, street improvements, blocks, lots, and building line setbacks are proposed, and conditions are recommended where such variations should not be approved dueto the small lot design, which allows for less on-site variation. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform division of land within the State of Washington. Section 58.17.110 requires a city to inquire into the public use and interest proposed to be served by the establishment of a subdivision. It shall determine if appropriate provisions are made for, but not limited to, the public heairh, safety, and general welfare,for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who only walk to andfrom 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. Campbell Avenue, west of Porter Street (at the west end of the development) and Porter Street north of the development are designated as school walking routes in the vicinity. Campbell Avenue will be improved by the developer with a concrete sidewalk along their frontage. Theremainder of Campbell Avenue, from Porter Street to Mt. Angeles Road will be improved with concrete sidewalks per the August 3,2004, Development Agreement. No improvements to Porter Street are proposed at this time. As conditioned, the proposed subdivision will conform to the preliminary plat subdivision requirements ofPAMC Chapter 16.08 and RCW 58.17 as noted above. T:\PRD\Green Crow\PRD Staff Report Green Crow.wpd 110 I PLANNED RESIDENTIAL DEVELOPMENT ApPLICATION ATTA~NTC Rec'd Ap/2J L /8. ?Ao S" :-....._..,....,.-, ". .., I rrRi'n rb It' ::: ' 1M'" . .. _ lk- I: r ." !. \;[/ '[!""'\ 1"'" ' - , .' Li II Ui ..' i II APR 1 8 2lJ05 i I , Cl.:r~' 0 I I PH, #: (360) 4jf7....~b'OiJ fPORl ANGELES f I --'_;..'L. VI ,,-,UIIlIliUlIIlY ueveiopment . APPLICANT INFORMATION: ApPLICANT: GREEN CROW PROPERTIES. INC. ADDRESS: P.O. Box 2439. PORT ANGELES. WA 98362 APPLlCANT'SREPRESENTATIVE: TIM WOOLETT PH.#: (360)417-3663 ADDRESS: P.O. BoX 2439, PORT ANGELES, WA 98362 PROPERTY OWNER (IF OTHER THAN APPLICANT) SAME AS ApPLICANT ADDRESS: SAME AS ABOVE PROPERTY INFORMATION: PROPERTY ADDRESS: No ADDRESS ASSIGNED LEGALDESCRIPTION: SEE LEGAL DESCRIPTION ON THE ATTACHED PRD/SUBDIVIS/ON SUMMARY SHEET GENERAL LOCATION: WEST OF WABASH STREET. SOUTH OF CAMPBELL A VENUE, AND EAST OF PORTER STREET RIGHT~OF-WA PROPERTY ZONING: RS-9 PROPOSED SITE AREAS: REFERENCE ATTACHED PRD/SUBDIVIS/ON PROJECT SUMMARY SHEET . ACREAGE IN: STREETS - 2.31 ACRES PARKS 2 ACRES OTHER NON-RESIDENTIAL LAND USES ApPx. y,; OF THE SITE METHOD OF PROVIDING: POTABLE WATER: CITY OF PORT ANGELES WATER SEWER: CITY OF PORT ANGELES SEWER STREETS SERVING SITE: ROOK DRIVE. CAMPBELL A VENUE. AND WABASH STREET OWNER CERTIFICATION: I (WE) HEREBY CERTIFY THAT I (WE) AM (ARE) THE OWNER(S) OF THE ABOVE-DESCRIBED PROPERTY AND VERIFY THAT THE SUBMITTED INFORMATION IS ACCURATE AND TRUTHFUL. IT IS UNDERSTOOD THAT WILLFUL MISREPRESENTATION OF THE INFORMATION WILL TERMINATE THE APPLICATION AND THAT AMENDMENT TO THE SUBMITTAL MAY RESULT IN A DELAY IN THE ORIGINAL PERMITTING TIME PERIOD, SIGNED: SIGNED: DATE: -Afr ~l 1 Ie I / ----- 2t~~ 111 . 112 . . i\:'=:';/"~" H' .~~~~ff;:.:i;?";':~~' ,..::..'." ",-,.","',-,' .'PROJECT)APPLICA TK)N:5UMMARY. ..::. ." . . .. ....;CAMPBEliL;;AVENUEPRD ii:',;;f~*~;T~~ll . ... ..[:: /!::;~.~;:.;;.~-!.:,;;y!?}s .e, ,:-:.t~:'r.:::':'.{;..f:;'~':"':':'~""'~">' .".'f"': .... ~?:.~:.::!).:,:;<. "., .~... ..... .....'.... ...... ." )i~:{:;;...:..).}.:;.. ,,:',.' ,.,," ".,.' EroDonent: Green Crow Properties, Inc. P.O. Box 2439 Port Angeles, WA 98362 Contact: Dennis Yakovich 360-417-3667 Tim Woolett 360-417 -3663 !:'roposa!: A proposed subdivision of approximately 18,93 acres of RS 9 zoned property Into 39 single family residential lots and seven (5) multi-family residential lots as a planned Residential Development (PRO), Twenty of the single family residential lots would be done as three (3) separate "Cottage Cluster Developments", that is, each 01 . the 'cottage iots would front a common courtyard with the other cottages. wllhin its respective cluster, and ali would share a common parking lot. Each of the cottage cluster . deveiopments are shown on the attached preliminary map as A1 through 5, Bl through 810, and C1 through C5. The lots within these clusters are 3,600 square feet (45 x 80) in area. The parking areas for clusters "B" and "C" have muili-car garages wilh 12 foot by 22100t stalis. Each of the lots within these clusters will have one (1) garage stali and one (1) outside off street parking space. . Due to topographical features, II is not practical to design lots independent of the Riedel Ii subdivision to the south; therefore, we are proposing to adjust that portion of the common boundary west of the BPA easement north to a point where it abuts the south boundary of the multi-family lots. At the same time we would like to' am,;nd the final phase of the Riedel Ii subdivision such that iI fills this void as shown on attached sheet showing both subdivisions as they relate to each other. If this requires a boundary line adjustment and/or a plat alteration we would like to pursue these applications concurrently with the PRO application. We would appreciate guidance on this issue. AccesS to the Campbeli Avenue PRO would be via Rook Drive, Wabash Street, and Campbeli Avenue. Access to the lots would be directly from the plat's internal roads. Rook Drive would continue north from its present terminus, then curve 90 degrees to the east and intersect wllh Wabash Street at the current EckertNVabash Street intersection. Wilh the development of the second phase olthe PRO, ROOk Drive would curve to the . west and continue to.a point.where it would intersect with Campbeli Avenue. Each 01 the cottage clusters would have access to their common parking areas from the internal streets of the plat. The multi-family lots would be accessed .from a new road extending south from its intersection with Campbeli Avenue, which is proposed to be established adjacent to the east boundary of the existing 4-plex lot Recreational amenilies would inciude at a minimum, a two (2) acre parkfpl~yfield for surrounding residents and open space consisting of existing wetlands and wetland mitigation area. The slle will share a trail/pedestrian path system wilh the Riedel Subdivision to the south. The traii system will extend through the open space areas in a .... . CAMPBELL AVENUE PLANNED RESIDENTIAL DEVELOPMENT "PROJECT APPLICATION SUMMARY APRIL 15. 2005 PAGJ1l,~ . . . manner such that it connects the southeast section of the development to the southwest section of the development. Sewer, water, and power would be provided by existing municipal services, and telephone and cable would be provided by Qwest and Wave Broadband respectively. The project would be developed in four (4) phases two of which - would include alternative development layouts (e.g., standard residential lots or cottage cluster developments). Location: The property is tha~ 18.93 acre~of land shown on the Survey recorded with the County Auditor under Volume 37, Page 16 of Surveys, Auditor's File No. 752388, iocated adjacent to rj-<Ie South side of Campoei; Avenue and the Vvest side of Wabash street, and abutting the north boundary of the Riedel II Subdivision. The property is assigned Assessor's Parcels No. 06-30-14-530678, 06.:.30-14-530-560, 06-30-14~ - 531009, and 06-30-14-531050. Topoqraph'l: The site is relatively level with an overall downward slope to -Hie north, _ provided that over such a large area there are incidental and minor topographical variations to be considered. The steepest slopes on-this site are cut-slopes within drainage facilities such as ponds and swales. Overall, this site appears to have .two (2) percent slopes except where the slope makes. an upward break on that portion of the southwest corner of the property where the boundary line adjustment is proposed to extend a portion of the Riedel II subdivision northward. The slopes in this small area may be as much as ten (10) percent. . Requirements: The property is zoned RS-9 and is subject to the requirements of Chapter 17.11 P AMC. The maximum allowable residential density is one unit per 7,000 . square feet (6.22 per acre); however, the minimum lot size for a permitted use is 9,000 square feet. Is this accomplished by open space provisions of a percentage per lot? With an area of.-18.93 acres being allowed one residence for every 9,000 square feet, 91 residential dwelling units could be established.on this property! This development will fall short of the maximum allowable density while at the same time providing a large percentage of open space. It is our understanding that Green Crow will need to submit a complete application for Preliminary Subdivision and PRO approval, which will also be accompanied by a . completed environmental checklist. Once determined to be complete, a final decision on the preliminary subdivision and PRO applications will be issued, barring any interruptions. to the timeline due to a timely request for additional inforrDatfon. It is our understanding' - that the PRO and preliminary subdivision applications would be processed as a single proposal with one set of findings, conclusions, and decision. . SEPA: A complete environmental checklist i~ provided with this application for PRO/subdivision. Based ona review of the standards in the applicable' ordinances and the provisions of the Developer's Agreement, it appears that additional mitigation outside the provisions therein will likely be unnecessary. - - . - Wetlands: The wetlands on the site will be enhanced and. pre~erved as part of the open. space on the project site. A series of drainage ponds will be.nurtured as.part.of the wetland system including the provision of buffers around them. The wetland boundaries . as determined in the letter from the City of Port Angeles .Community Development . Department dated February 2, 2005 may be altered as 'part. of the enhancement project.. CAMPBELL AVENUE PLANNED RESIDENTIAL DEVELOPMENT PROJECT ApPLICATION SUMMARY APRIL 15, 2005 PAGE 2 df 31 4 Please review the application description herein and the attach.ed pians for completeness. I have also enclosed a mailing list obtained from theClallam County Assessor's Office on February 2,2005. If there is any additional infonnation needed to facilitate the application process, please let me know as soon as possible. Sincerely, --r- !L! ~~ Tim Woolett Green CroW Properties, Inc. ATTACHED: PRO Application Checklist Application Form Environmental Checklist Preliminary PRO/Subdivision Layout Preliminary PRO/Subdivision Layout with contours Preliminary. PRO/Subdivision and Riedel II Subdivision Mailing List ior Property Owners within 300 feet. Application Fees in the amount of $1 ,750,00 CAMPBELL AVENUE PLANNED RESIDENTIALDEVELOPMENT PROJECT APPLICATION SUMMARY APRIL 15, 2005 1 1 h PAG~3 b~ . it;.,. . '. . . . 116 . SUPPLEMENTAL CONCEPTUAL PPELIMINARY DESIGN CAMPBELL AVENUE PROPERTY S. 14, T, 30 N., R. 6 W., WM. PORT ANGELES, CLALLAM COUNTY, WASHINGTON CAMPBELL A VENUE CEJ @ r @ I , ~~~ :J @ PARKING w o ~ .' '199 sq it. WENGLER SURVEYING & MAPPUtfG co. . . 1 MO asr IDST ST.. SUIJI'JD pOJIf .um~ rJSHlM]J'ON usn ,""OJ ......... ..: 'AX (:180' '-57-MS' 1"==100' .--:J 200 ~ o 50 toO SCALE IN FEET . . I I DATE:"- ,'. ~' [5j-~ "Ff; It ,; ':ilII; "IRQ-II \IT\['....--... .' '~tlUJ ~~~: .~..:._~i'(~~j.. , . crr'{!'It .c, ,.::', ''l.ES I l~:.::1 (' .' v",~'1H I N ~c ::to ~ P:l i: "'- . . . PRE-APPUCATION MAP SHOWING CONCEPTUAL DESIGN CAMPBELL AVENUE PROPERTY S. 14, T. 30 N., 'R. 6 W, WM. PORT ANGELES, CLALLAM COUNTY, WASHINGTON I @ )I rr- I 1\\ PAD' ,@ ~ .. ~. e @ @ ~ ~r' ~ '....... WENGLER SURVEYING &,MAPPING co. f &SO EAST ,.,., ft. wnz JlI -...........-..... (_l ..5f-HDO FIZ r"'l ....-- 1-=200' ~ j o 100 200 400 SCALE IN fEp , i // DAm ::..S. ;~l.l(?j- '1 ATT ACHMEl\1'f .A.. COTTAGE DEVELOPMENT . 1. 3. 5. 2. ..,~<.~ . 4. .. .;~~ ........(,"1 . m1/l. '.':'~. 6. . 119 Page 1 of 2 EXA..i't'iPLE ()F r,1[JLT~ FAr"fIL'i' CIIA:r~CTER . . . 120 Page 2 of 2 ATTACHMENT D September 15,2005 . Re: Green CrowPRD Application f1W TEt-~ r~.'i~rn.:\ I t ullr"-."-"---, tOJ' I 1 SEP 1 9 2Iffi i . Ii !_,CITypFPORT ANGEL~S f L v' .r:~. r..i Con;nVH~IH; nQ"'=-I~rln -r.' I .__.~"'.. .... .....:I.;:\...l!;:.lr City of Port Angeles 321 East Fifth Street Port Angeles, W A 98362 To whom it may concern: Let me preface this letter my saying I am not in opposition to the PRD application submitted by Green Crow as it pertains to the 18.93 acres South of Campbell Avenue within the city limits of Port Angeles. Nor I am opposed to the density requests as set forth by their application. That being said, I am adamantly opposed to the approval of said PRD without requiring the developer to make substantial improvements the full length of Campbell Avenue as well as Wabash Street south to Eckard. I am aware that the city of Port Angeles has agreed, at tax payer expense, to perform. necessary street improvements on. Campbell East ofMt. Angeles to porter. Street improvements from Porter Street East on Campbell Avenue to the most Northwest comer which abuts Campbell Avenue and the property owned by Mr. Henry Fink, is to be provided by the developer. Furthermore, Green Crow has been allowed to open Eckard Street up from their development onto Wabash Street. . The thrust of my objection is approving the PRD request without the planning department requiring the developer to continue much needed street improvements the entire length of the proposed area. This would mean requiring necessary utility improvements, street and sidewalk improvements, as well as increased lighting. Given the density request, it should be concluded there will be a considerable increase in traffic as a direct result of a development of this size. Accordingly, the developer should be held accountable for the impact the development will have on the surrounding streets, to include traffic flow and safety. Both the planning department and Green Crow should be commended for the professional method by which all have parties have approached this project. The tax base the city will enjoy, will benefit all city residents for years. . 121 . . .. We must, however,. require developers no matter how big or how small to be accountable when their proj ect affects surrounding residents and the safety of their neighborhoods. Green Crow should be no different. You must stand fIrm, and truly represent the residents of this city, by requiring this developer to continue proposed street improvements to the end of Campbell and South on Wabash to the new ingress/egress off of Eckard Street which they have created. The impact to the " ," .1 '. _ 1, rr- .'1 1 ... . 1 . ,....1" ..'" '1....... eXIsung streeLS ana [raIIlC WIll oe a mreCI resun or ImsproJecl:. AS sucn, ureen Crow needs to be held accountable for necessary improvements as a result of their project, not he taxpayers of Port Angeles. We all welcome this project and look forward to it's completion. Again, I implore you for the safety of all residents within the area, to require Green Crow to enter into an agreement with the City of Port Angeles, to make the necessary street improvements prior to granting their request for further develop- ment. I thank you in advance for your consideration. /O.T IY~ ill A, Richard A. Melvin 1697 East Wabash Street Port Angeles, W A 98362 452-8239 122 ::''' v \.'-^..}..... -.:J~ u......~ \~\%G 'S~<&.-SS, ~ .D~\~ ~. ,,-\V-~ "G -'\~J ~ (' ~ - - - ~ \-- , '\ - ,,*-- . ~" .K5\.J.. u uv ' . - - L~~~:~., ~~~~~5t.~ ~~\~~'iA~~ . CITY OF PORT N~GELES .~ U -IC- NOT-I-CE 'i[J-i,"i;"i::i,r."':;-=' · p BL .:. J~U'l~::=~-\:?--J~J\YJ l.~_I(il';i ,_ '; , 'i I I OF DEVELOPMENT APPLICATI~ :[01 ___ ',: ~ ) n~ DORT AN'':;;::-.J , U LI- HEA~~-:"::"':':""'d:"'; t.:itLES : p B . '-.J ----""C':' ,."""",'0' , ~~~~~ ~ ~~' '" \:G' ~J'\Clft ~~ wb~ ()IN,, NOTICE IS HEREJJY GIVEN. 1hat on.,buo:ust 25, 2005, the City of Port Angeles r<oceived a request to allow the development of a pLANNED RESIDENTIAL DEVELOPMENT in the RS-9 Residential Singlel . . .. Family and Residential High Density zone consisting 19 single fann1y cottage lots, 19 single family lots, and 5 malti family lots on a 2.31 acre property. Interested parties are encouraged to comnient on 1he proposal and may request a copy of 1he decision once it's been made. WrltteU comments regarding the proposed action must be received by 1he City no later tban September 19, 2005. in order to be included in 1he staff report. Additional comment will be accepted at the public bearing that will be conducted by the PORT ANGELES pLANNJNG COMMISSION on OCTOBER 12. 2005, 6 p.m., City Hall. Information may be reviewed at tbe City Department of community & Economic Development, City Hall, 321 East Fifth · Street, Port Angeles, City Hall is accessible to persons with disabilities. Interested parties are invited to I- I . . . 124 DATE: To: FROM: SUBJECT: ~ORT ANGELES . WAS H I N G TON, U. S. A. CITY COUNCIL MEMO February 16, 2006 CITY COUNCIL NATHAN A. WEST .4?J PRINCIPAL PLANNER Municipal Code AmendmentMCA 06-01 ~ Summary: Amendment to Section 15.12 Flood Damage Prevention Ordinance and Section 17.96 Special Provisions of the Port Angeles Municipal Code with regard to appeals. Recommendation: Conduct first reading of ordinances to amend the Port Angeles Municipal Code. Back2:round I Analvsis: . At a meeting held on January 25,2006, the Planning Commission considered two amendments to the Port Angeles Municipal Code. The changes were in relation to Section 15.12 Flood Damage Prevention Ordinance and Section 17.96.070 (C) (3) Hearing and Appeal of Conditional or Unclassified Use Permit Applications. The Planning Commission recommended that the City Council adopt the. identified changes. The changes to the Flood Damage Prevention Ordinance are a result of a letter dated October 13,2005 from the Department of Ecology indicating that specific changes to the Port Angeles Municipal Code were required for compliance with the National Flood Insurance Program. Attachment A identifies the changes as recommended by the Department of Ecology. The Section 17.96.070 change has been identified as a mistake in the Municipal Code Ordinance which requires notification for an appeal process. This is a flaw in the code in that notification is not required for a closed record appeal. Attachment B identifies the recommended change. The proposed amendments are part of the Community and Economic Development Departments efforts to update and clean up relevant sections of the Port Angeles Municipal Code. Attachments: A. B. C. Draft Ordinance Section 15.12 Draft Ordinance Section 17:96 Staff Report to Planning Commission . 125 . . . 126 Attachment A ORDINANCE NO. . AN ORDINANCE of the City of Port Angeles, Washington, amending a portion of Title 15, as it relates to Flood Damage Prevention, of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES do hereby ordain as follows: Whereas, the City's flood damage prevention regulations need to be amended and updated to be consistent with FEMA regulations. NOW, THEREFORE, THE CITY COUNCIL OF PORT ANGELES, W ASlllNGTON, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance 2091, as amended, and a portion of Title 15 are hereby amended by amending 15.12 P AMC to read as follows: . Sections: 15.12.010 15.12.020 15.12.030 15.12.040 15.12.050 15.12.060 15.12.070 15.12.075 15.12.076 15.12.080 15.12.081 FLOOD DAMAGE PREVENTION ARTICLE I. GENERAL PROVISIONS Title. Purpose. General Provisions. Compliance Required. Interpretation and Application. More Stringent Regulations to Apply in Case of Conflict. Disclaimer of Liability . ARTICLE II. DEFINITIONS Appeal. Area of Shallow Flooding. Area of Special Flood Hazard. Baseflood. . -1- 127 . 15.12.082 15.12.090 15.12.100 15.12.102 15.12.104 15.12:110 15.12.112 15.12.114 15.12.116 15.12.118 15.12.120 15.12.130 15.12.140 15.12.150 15.12.155 15.12.160 15.12.163 15.12.166 15.12.180 15.12.185 15.12.187 15.12.190 15.12.200 15.12.205 15.12.210 15.12.215 15.12.216 . 15.12.220 15.12.230 15.12.235 15.12.240 15.12.250 15.12.260 . 15.12.270. 15.12.330 15.12.335 Basement. Breakaway Wall. Coastal High Hazard Area. Critical Facility. Cumulative Substantial Damage. Development. Elevation Certificate. plevated Building. Existing Manufactured Home or Park Subdivision. Expansion to An Existing Manufactured Home Park or Subdivision. Flood or Flooding. Flood Insurance Rate Map (FIRM). Flood Insurance Study (FIS). . Floodway. Increased Cost of Compliance. Lowest Floor. Manufactured Home. Manufactured Home Park or Subdivision. New Construction. New Manufactured Home Park or Subdivision. Recreational Velide. Start of conStruction. Structure. ?ubstantial Damage. Substantial Improvement. Variance. Water Dependent. ARTICLE III. ADMINISTRATION Duties of Director of Public Works and Utilities. Duties of Director of Community and Economic Development. Variance Procedure. ARTICLE IV. REQUIREMENTS AND STANDARDS Development Permit Required - Application Requirements. Standards Generally. Provisions for Flood Hazard Protection Reduction - General Standards. Specific Standards. Floodways. Wetlands Management. -2- 128 15.12.340 15.12~345 Coastal High Hazard Area. Standards for Shallow Flooding Areas (AO Zones) . ARTICLE V. VIOLATION 15.12.350 Violation is Misdemeanor. ARTICLE I. GENERAL PROVISIONS 15.12.010 Title. This Chapter may be cited as the Flood Damage Prevention Chapter of the City of Port Angeles. 15.12.020 Pur:pose. It is the purpose of this Chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas of the City, by provisions designed: A. To protect human life and health; B. To minimize expenditure of public money and costly flood control projects; C. To minimize the need for rescue and relief efforts associated with flooding, and generally undertaken at the expense of the general public; D. To minimize prolonged business interruptions; B.To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, and streets and bridges located in areas of special . flood hazard; F. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to Jllinimize future flood blight areas; G. To ensure that those who occupy areas of special flood hazard assume responsibility for their actions; H. To assure the availability of flood insurance within the City of Port Angeles. 15.12.030 General Provisions. A. Lands to which this Chapter applies: This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Port Angeles. B. Basis for establishing the areas of special flood hazard: The.areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled Flood Insurance Study for the City of Port Angeles, dated February, 1980, and revised September 28, 1990, with accompanying Flood Insurance Maps is hereby adopted by reference and declared to be a part of this Chapter. The Flood Insurance Study and Flood Insurance Rate Map(s) areis on file at the office of the City Clerk, 321 East Fifth Street; Port Angeles, Washington 98362. -3- . 129 . 15.12.040 Compliance Required No structure or land shall hereafter be constructed, located, extended, converted or altered without compliance with the terms of this Chapter as well as all other applicable regulations. 15.12.050 Interpretation and Application In the interpretation and application of this Chapter, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under State statutes. 15.12.060 More Stringent Regulations to Apoly in Case of Conflict . Should the provisions of this Chapter and any other ordinance, easement, covenant or deed conflict or overlap, whichever regulation imposes the more stringent regulations shall prevail. . 15.12.070 Disclaimer of Liability. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes; it is based on scientific and engineering considerations. Larger .floods can, and will, occur on rate occasions. Flood heights may be increased by manmade or natural causes. This Chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flood damages. This Chapter shall not create liability on the part of the City, any employee or officer thereof, or the Federal Insurance Administration, during any flood damages that may result from a reliance on this Chapter, or any administrative decision made hereunder. ARTICLE II. DEFINITIONS 15.12.075 Appeal. "Appeal" means a request for a review of the Dirce:.tor of rub lie Works I interpretation of any provision of this ordinance Chapter or a request for a variance. 15.12.076 Area of Shallow Flooding "Area of Shallow Flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). .AO zones have base flood depths that range from one to three feet above the natural ground: a clearly defined channel does not exist'the ath offloodin is un redictable and indetenninate' and veloci flow ma be evident. AO is characterized as sheet flow: AH indicates ~onding. and is shown with standard base flood . elevations. The. base. flood de.pthslangG from oue, to t11c" feet, a clearly defined c.hannd dOGS not a.ist, the, path offloodin~ is dllplCdiGtabk dild illdctelminatc., and velocity flo ~ may be Cv idcnt. AO is c'hAlactcrizc.d as shcGt flo\1ii and AIl indicates ponding. 15.12.080 Area of Special Flood Hazard. "Area of special flood hazard If means the land in the floodylain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps alwavs includes the letters A or V. . . 130 -4- 15.12.081 Basefiood. "Baseflood" means the flood havina a 1 % chance ofbein~enualed or exceeded in any given year also referred to as the "100- ear flood" . Designated on Flood Insurance Rate Mads bv the letters A or V. . 15.12.082 Basement. "Basement" means anY area ofthe buildinQ: having its floor sub- Q:rade (below !!found level) on all sides. 15.12.090 Breakaway Wall. "Breakaway wall" means a wall that is not a part of the structural support of the building and is intended. through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. 15.12.100 Coastal HiQ:h Hazard Area. "Coastal high hazard area"means an area of s ecial flood hazard extendin from offshore to the inland limit of a rimar frontal dune ~lonQ: an open coast and anvother area subiect to high velocity wave action from storms or seismic sources. The area is desiQ:nated on the FIRM as Zone VI-3D VE or V. . the Mea subject to high v'docity waters, indudin-g but not Emited to, storm SUI~Cs or tsunclIDis. The area is designated on a PIRM as Zone 'VI 30. 15.12.102 Critical Facilitv. "Critical facility" means a facility for which even a sliQ:ht chance offloodinQ: miQ:ht be too !!feat. Critical facilities include but are notlimited to schools nursing homes, hospitals, police, fire and emergencY response installations, and installations ~hich produce. use, or store hazardous materials or hazardous waste. . 15.12.104 Cumulative SubstantIal Damage. "Cumulalive subslal1lial da1l1a2.C" means flood-related damaQ:es sustained b a structure on two se arate occasions during a 10- year eriod for which the cost of re airs at the time of each such flood event on the average e uals or exceeds 25 percent of the market value of the structure before the damage occurred. 15.12.110 Development. "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of eauipment or materials located within the area of special flood hazard. 15.12.114 Elevated Building. "Elevated building" means for insurance purposes, a non- basement buildin that has its lowest elevated floor raised above !!found level b foundation walls, shear walls. post piers, pilings, or columns. = . -5- 131 . 15.12.116 Existing Manufactured Home Park or Subdivision. "Existing- manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction offacilities for servicing- the lots on which the manufactured homes are to be affixed [including, at a minimum. the installation ofutilities, the construction of streets, and either final site Q:fadin or the ourine of concrete ads is com leted before the effective date ofthe ado ted floodplain manaQement reQulations. 15.12.118 Expansion to An Existim! Manufactured Home Park or Subdivision. "Ex ansion to an existin manufactured home ark or subdivision" means the re aration of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities. the construction of streets, and either final siteQ:fadin or the ourin of concrete ads. 15.12.120 Flood or Flooding "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: . A. The overflow of inland or tidal waters; and/or B. The unusual and rapid accumulation of runoff of surface waters from any source. . 15.12.130 Flood Insurance Rate Map (FIRM). "Flood insurance rate map" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community . 15.12.140 Flood Insurance Study (PIS). "Flood insurance study" (FIS) means the official report provided by the Federal Insurance Administration that includes flood profiles, the ERood ~boundarY-1:floodway Mmap, and the water surface elevation of the base flood. 15.12.150 Floodway. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. 15.12.155 Increased Cost of Compliance. "Increased cost of compliance" means a flood insurance claim a ment u to $30 000 directlv to a ro e owner for the cost to com 1 with flood lain mana ement re lations after a direct h sicalloss caused b a flood. Eli ibili for an ICC claim can be through a sinQle instance of "substantial damage" or as a result of a "cumulative substantial dama e." More information can be found in FEMA ICC Manual 30 1. . 15.12.160 LowestFloor "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Chapter found at 15.12 . 270 (A) 1. -6- 132 15.12.163 Manufactured Home "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed . for use with or without a permanent foundation when anachedconnccled to the required ~!i: :~t~~~~:t=;S~~~i=~:;~;~2~f:: . d . fo! imOIMIGC p"rpolCS, the to,ill "maMl~'cturc~ -1:':;"0" doos not :n<.ltIdc park traikrl'l, tnfY"c1 trailers, and other similar 'y'chicles. The term "manufactured home" does not include a recreational vehicle. 15.12.166 Manufactured Home Park or Subdivision. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale 15.12.180 New ConstrUction. "New construction" means structures for which the "start of construction" commenced on or after the effective date of this Chapter. 15.12.185 New Manufactured Home Park or Subdivision. ''New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicin. the lots on which the manufactured homes are to be affixed (including at a minimum. the installation of utilities. the construction of streets. and either final site grading or the ourin!! of concrete ads) is com leted on or after the effective date of ado ted floodplain management re2:Ulations. . 15.12.187 Recreational Vehicle. "Recreational vehicle" means a vehicle. ,1) built on a single chassis; 2 400 s uare feet or less when measured at the lar est horizontal roo ection' ~) Designed to be self-propelled orpermanentlvtowable bv a light dutvtruck: and 4 Designed rimaril not for use as a ermanent dwellin but as tern ora ..livin quarters for recreationaL camping. traveL or seasonal use. 15.12.190 Start of Construction "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means. either the first placement of permanent construction of a structure. on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a. manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement. the actual start of construction means the first . -7- 133 . alteration of anv wall. ceiling: floor. or other stmctural art of a buildinu, whether or not that alteration affects the external dimensions ofthe buildinl!. 15.12.200 Structure. "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. 15.12.205 Substantial Damage. . "Substantial Damal!e" means damal!e of any origin sustained by a structure. whereby the cost. of restorinl! the structure to its before damaQ:ed condition would equal or exceed 50 percent of the market value of the structure before the damaQ:e occurred. . 15.12.210 Substantial Improvement. "Substantial improvement" means any repairs, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either: 1. Before the improvement or repair is started; or 2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes ofthis defmition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commenced, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: 1. Any project for improvement of a structure to correct pre-citedcolnply with existing violations of State or local health, sanitary, or safety code specifications which are the minimumscidynecessary to assure safe living conditions; or 2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. 15.12.215 Variance. "Variance" means a grant ofrelieffrom the requirements ofthis Chapter which permits construction in a manner that would otherwise be prohibited by this Chapter. 15.12.216 Water Dependent. "Water Dependent" means a structure for commerce or industry which cannot existin any other location and is dependent on the water by reason of the intrinsic nature of its operation. ARTICLE Ill. ADMINISTRATION 15.12.220 Duties of Director of Public Works . The Director of Public Works and Utilities shall be primarily responsible for the administration and implementation ofthis Chapter. The Director of Public Works and Utilities shall perform the following duties: A. Review all development permits other than for subdivisions, short subdivisions and planned residential developments within flood hazard zones to determine: 1. That the permit requirements of this Chapter have been satisfied; . -8- 134 2. That all necessary' permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required; 3. Ifthe proposed development is located in the floodway, and ifso, located to assure that the encroachment provisions of this Chapter are complied with. B. When base flood elevati on data bas not been provided in accordance with Section 15.12.030 _ General Provisions, the Director of Public Works and Utilities sball obtain, review and reasonably utilize any base flood elevation and floodway data available from a F edera1, State or other source, in order to administer specific standards and floodways. C. Obtain and record the following information: 1. Where base flood elevation data is provided through the Flood Insurance Study,.Flood Insurance Rate Map, or required as in pAM C 15 .12.220(B ),obtain and record the actual elevation, in relation to mean sealevel, of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure coutains a basement; 2. For all new or substantially improved floodproofed non-residential a. Verify and record the actual elevation in relation to mean sea level to which the structure was flood proofed; and b. Maintain the floodproofmg certifications required by this Chapter. D. Maintain for public inspection all records pertaining to the provisions of this Chapter. E. Notify adjacent communities and the office of the State Department of Ecology prior to any alteratiou or relocation of any watercourse, and submit evidence of such notification to the Federal Insurance Administration. F. Require that maintenanCe is provided within the altered or relocated portiou of said water course so that the flood carrying capacity is 110t diminished. G. Make interpretations where needed as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict betWeen a mapped boundary and actual field conditions). The person contesting the location of the boundary shaJl be given reasonable opportunity to appeal the interpretation as provided in Section 15.12.240. strUctures: 15.12.230 Duties of Director of communi and Economic DeveIo mentl'he Director of Community and Economic Development shall perform the following duties: A. Review all permits for subdivisions, short subdivisions or planned residential developments within flood hazard zones to determine: 1. That the permit requirements of this Chapter have been satisfied; 2. That all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. B. Transmitto the Department of Public Works and Utilities all information required under the tenus of this Chapter. -9- 135 . . . 15.12.235 Variance Procedure. A. Appeal Board: 1. The Board of Adjustment as established by the CityofPort Angeles shall hear and decide appeals and requests for variances from the requirements ofthis Chapter. 2. The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Director of Public Works and Utilities in the enforcement or administration of this Chapter. 3. Those aggrieved by the decision of the Board of Adjustment, or any taxpayer, may appeal such decision to the Superior Court of Clallam County, as provided in Chapter 2.52 P AMC. 4. In passing upon such applications, the Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter, and~ a. the danger that materials may be swept onto other lands to the injury of others; b. the danger to life and property due to flooding or erosion damage; c. the susceptibility ofthe proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. the importance ofthe services provided by the proposed facility to the community; e. the necessity to the facility of a water front location, where . applicable; f. the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; g. the compatibility of the proposed use with existing and anticipated development; h. the relationship of the proposed use to the Comprehensive Plan and Flood Plain Management Program for that area; f h the safety of access to the property in times of flood for ordinary and emergency vehicles; j. the expected heights, velocity, duration, rate of rise, and sediment transport ofthe flood waters and the effects of wave action, if applicable, expected at the site; and k. the costs of providing govemmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. " 5. Upon consideration of the factors of Sub-SectionA( 4) and the pUfposes ofthis Chapter, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes oftms Chapter. . 6. The Director of Public Works and Utilities shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. B. Conditions for Variances: 1. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on . -10- 136 a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (a -k) in Sub-Section A(4) have be~ fully considered. As the lot size increases, the technical justification required for issuing tlP variance increases. 2. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this Section. 3. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. 4. Variances.shall only be issued upon a detemlination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 5. Variances shall only be issued upon: a. a showing of good and sufficient cause; b. a determination that failure to grant the variance would result in exceptional hardship to the applicant; c. a determination that the granting ofa variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Sub-Section A( 4), or conflict with existing local laws or ordinances. 6. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or fmancial circumstances. They primarily address small lots in densely populated resident. neighborhoods. As such, variances from the flood elevations should be quite rare. 7. Variances may be issued for non-residential buildings in very limited circumstances to allow a lesser degree of floodproofmg than watertight or dry-floodproofmg, where it can be determined that such action will have low damage potential, complies with all other variance criteria except Sub-Section B(1), and otherwise complies with the general standards. 8. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. ARTICLEN. REQUlREMENTSANDSTANDARDS 15.12.240 Development Permit Required - Application Requirements. A. A development permit shall be required before construction or development within an area of special flood hazard established in PAMe 15.12.030B. If a permit for any development is required under another City ordinance, the development permit shall be combined with that permit. The permit shall be for all structures including manufactured homes, as set forth in the IIDefmitions", and for all development, including fill and other activities, also as set forth in the IIDefmitionsll. . -11- 137 . B. The application for development permit shall be made on forms furnished by the Department of Public Works and Utilities. The application may include but shall not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following infomlation shall be required: 1. Elevation in relation to mean sea level, of the lowest floor, including basement, of all structures; 2. Elevation in relation to mean sea level to which any structure has been flood-proofed; 3. Certification by a registered professional engineer or architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria of this Chapter; 4. A description of the extent to which any water course will be altered or relocated as a result of the proposed development. 15.12.250 Standards Generall~. In all areas of special flood hazards, the standards set forth in Sections 15.12.260 through 15.12.320 are required. . 15.12.260 Provisions for Flood Hazard Protection Reduction - General Standards. In all areas of special flood hazards, the following standards are required: A. Anchoring. 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movements of the structure. 2. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). B. Construction Materials and Methods. 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. Electrical heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions Qfflooding. C. Utilities. 1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Additionallv, all water wells shall be located on high ground and not in the floodwav. 2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. . -12- 138 3. On-site waste disposal systems shall be located to avoid impaimlent to them.or contamination from them during flooding. D. Subdivision proposals. 1. All subdivision proposals shall be consistent with the need to minimize flood damage. 2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. 3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. 4. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or 5 acres (whichever is less). E. Review of Building Permits. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (See PAMC 15.12.220(B)), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marIes, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these" zones may result in higher insurance rates. 15.12.270 Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided asset forth in Section 15.12.030General Provisions, orP AMC 15.12.220(B), the following provisions are required: A. Residential Construction. 1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to the base flood elevation. 2.. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. B. Non-Residential Construction. New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: 1. be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; -13- 139 . . . j;. . 3. be certified by a registered professional engineer or arc.hitect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions ofthis subsection, based on their development and/orreviewofthe structural design, specifications and plans. Such certifications shall be provided to the official as set forth in PAMC 15.12.220(C). 4. Non-residential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in Sub-Section (A). 5. Applicants floodproofing non-residential buildings shall be notified that flood insurance premiums will be based on rates\ that are at base flood level.:.. C. Manufactured Homes. All manufactured homes to be placed or substantially improved within Zones AI-30, AH, and AE on the City's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions ofP AMC 15.12.260(A). This paragraph applies to manufactured homes to be placed or substantially improved in an expansion to an existing manufactured home park or subdivision. This paragraph does not apply to manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision except where the repair, reconstruction, or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced. . 15.12.330 Floodwavs. Located within areas of special flood hazard as established in Section 15.12.030 are areas designated as floodways; Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: A. Encroachments, including fill, new construction, substantial improvements, and other development are prohibited, unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase.in flood levels during the occurrence of the base flood discharge. B. Construction or reconstruction of residential structures is prohibited within designated floodways except for: 1. repairs, reconstruction or improvements to a structure which do not increase the ground floor area; and . 2. repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either i. before the repair, reconstruction, or repair is started, or 11. if the structurehas been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes which have been identifiedb the local code enforcement official and which are the minimum necessarY to assure safe living conditions or to structures identified as historic places shall not be included in the 50 percent. C. If Section 15.12.330(A) is satisfied, all new construction and substantial improvements shall comply with all applicable floodhazardreduction provisions of this Chapter. -14- . 140 15.12.335 Wetlands Mana2:ement To the maximum extent possible, in order to avoid the short and long term adverse impacts associated with the destruction or modification of . wetlands, especially those activities which limit or disrupt the ahility of the wetland to alleviate flooding impacts, the following measures will be considered: A. Review proposals for development within base flood plains for their possible impacts on wetlands located within the flood plain. B. Ensure that development activities in or around wetlands do not negatively affect public safety, health, and welfare by disrupting the wetlands' ability to reduce flood and storm drainage. .' C. Request technical assistance from the Department of Ecology in identifying wetland areas. 15.12.340 Coastal High Hazard Area. Located within areas of special flood hazard established in PAM C 15.12.03 0 are Coastal High Hazard Areas, designated as Zones V 1- V30, VB and/or V. These areas have special flood hazards associated with high velocity waters from tidal surges and, therefore, in addition to meeting all provisions in this Chapter, the following provisions shall also apply: _ A. Due to the dynamic nature of coastal high hazard areas located along the Pacific Ocean, in areas with designated Velocity Zones (V -zones) from Cape Disappointment to Cape Flattery, the following standards shall apply: 1. Prohibit new or substantially improved construction in designated V~ zones; exceptions are for needed water dependent structures or structures that facilitate public recreational access to the shore. Structures which require siting in the V -zone should be sited . landward of the primary dune if an active dune system is associated with the V-zone. 2. Prohibit any alteration of dunes in the above designated V-zones which could increase potential flood damage; this restriction includes prohibiting any modification or alteration or disturbance of vegetative cover associated with dunes located in designated V- zones. B. All new construction and substantial improvements in Zones V1- V3 0 and VB (V ifbase flood elevation data is available) shall be elevated on pilings and columns so that: 1. the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or "above the base flood level; and 2~ the pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equaled or exceeded in any given year (lOa-year mean recurrence interval) . A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of (1) and (2) of this Section. C. Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and -15- . 141 . substantially improved structures in Zones Vl-30 and VE, and whether or not such structures contain a basement. The local administrator shall maintain a record of all such information. D. All new construction shall be located landward ofthe reach of mean high tide. E. provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood latticework, or insect screening intended to collapse under wind and. water loads without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this Section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: 1. brea1cawaywall collapse shall result from a water load less than that which would occur during the base flood; and 2. the elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind andwater loads acting simultaneously on all building components (structural and non- structural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year (IOO-year mean recurrence interval). F. If breakaway walls are utilized, such enclosed space shall be usable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation. G. Prohibit the use of fill for structural support of buildings. H. ~ll manufactured homes to be placed or substantiallvimproved within ZonesV1- 30, V,and VB on the community's FIRM on sites: 1. Outside of a manufactured home park or subdivision, 2. In a new manufactured home park or subdivision, 1. In an expansion to an existing manufactured home park or subdivision, . or 4. In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood: shall meet the standards ofP AMC 15.12.260 A throu h C and manufactured homes laced or substantiall improved on other sites in an existing manufactured home park or subdivision within Zones V1- 30 V and VB on the FIRM shall meet the re uirements of P AMC 15.12.270 C . 1 Recreational vehicles placed on sites within Zones VI-30, V, and VE on the community's FIRM either: . 1. Be on the site for fewer than 180 consecutive davs, or 2. Be fullv licensed and readv for highwav use. on its wheels or iacking s stem attached to the site onlb uick disconnect e utilities and secun devices and have no permanentlv attached additions: or 1. Meetthere uirementsofPAMC 15.12.240 develo ~ndPAMC 15.12.340, paragraphs (A) through (G). -16- . 142 15.12.345 Standards for Shallovv .Floodil1Q: Areas LA.O Zones") Shallow floodinQ: areas appear on FIRMs as AO zones with depth desiQ:nations. The base . flood depths in these zones ranQ:e from 1 to 3 feet above [!found where a clearlv defined channel does not exist. or where the path of floodinQ: is unpredictable and where velocitvflow mav be evident. Such floodinQ: is usuallv characterized as sheet flow. In these areas. the following provisions applv: A. New constmction and substantial improvements of residential stIUctures and manufactUred homes within AO zones shall have the lowest floor includin basement) elevated above the hiQ:hest ad' acent [!fade to the stIUcture one foot or more above* the de th number s ecified in feet on the communitvs FIRM (at least two feet above the hi ahest ad' acent Q:fade to the stmcture ifno depth number is specified), B. New constIUction. and substantial improvements of nonresidential stmctures within AO zones shall either: .L Have the lowest floor (including basement) elevated above the highest adiacent Q:fade ;-fthebuilding site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified): or . 2. To gether with attendantutilitv and sanitarvfacilities. be completelvflood proofed to or above that level so that anv space below that level is watertight with walls substantiallv im ermeable to the assaae of water and with stIUctural com onents havin . the capabilitv of resistinQ: hvdrostatic and hvdrodvnamic loads and effects of buovancv. If this method is used. compliance shall be certified bv a registered professional engineer or architect as in section 52-2(3). C. Require adequate drainage paths around stIUctures on slopes to guide floodwaters . around and awav from proposed stIUctures. D. Recreational vehicles placed on sites withinAO Zones on the communitv's FIRM are required to either: , .L Be on the site for fewer than 180 consecutive davs. or 2. Be fully licensed and ready for highway use, on its wheels or iacking svsteril, is attached to the site only by quick disconnect we utilities and securitv devices. and has no permanentlv attached additions: or .1. Meet the requirements 005.12.345 (A) and 15.12.345 (C) above and the anchorin re uirements for manufactured homes Section 15.12260 (A) 2 ARTICLE V. VIOLATION 15.12.350 Violati on is Misdemeanor. No stmcture or land shall hereafter be constmcted, located, extended, converted, or altered without full compliance with the terms of this Chapter. Violation or failure to comply with the provisions ofthis Chapter shall be a misdemeanor. Each day that a violation continues shall constitute a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. -17- . 143 . Section 2. Severabili'tv. if any provisions of this Ordinance or its applications to any person or circumstances is held to be invalid, the remainder of the Ordinance or application of the provisions of the Ordinance to other persons or circumstances is not affected. Section 3 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener' s/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4 _ Effective Date . This Ordinance shall take effect five days after 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 February, 2006~ MAYOR ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: By Summary G:\LegaJ_Backup\ORDINANCES&RESOLUTIONS\2006-02.FEMA Compliance-Chapter 15.0 12006.wpd February 15,2006 . -18- 144 Attachment B ORDINft~NCE NO. . AN ORDINANCE of the City of Port Angeles, Washington, amending a portion of the Zoning Code, Title 17, of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES do hereby ordain as follows: Whereas, a revised Comprehensive Plan was adopted by the City Council on June 14, 2004; and Whereas, the City's development regulations need to be anlended and updated to be consistent with the City's revised Comprehensive Plan. NOW, THEREFORE, THE CITY COUNCIL OF PORT ANGELES, WASHINGTON, DOES ORDAIN AS FOLLOWS: . Section 1. Ordinance 1709, as amended, and a portion of Title 17, Zoning Code, are hereby amended to read as follows: 17.96.070 Hearing and Appeal of Conditional or Unclassified Use Permit Applications. A. Notice and Hearing for Conditional or Unclassified Use Permits. Upon filing an application for a conditional or unclassified use permit in which the application sets forth fully the grounds for, and the facts deemed to justify, the granting of a Conditional or Unclassified Use Permit, the Pl31ming Commission shall give public notice, as provided in P AMC 17.96.140, of the intention to consider at a public hearing the granting of a Conditional or Unclassified Use Permit. The Planning Commission's decision shall be final unless appealed to the City Council. B. Decisions. Conditional or Unclassified Use Permit decisions issued by the Planning Commission, shall be set forth in writing and shall be accompanied by written findings and conclusions. Decisions shall be deemed effective upon adoption of the written decision, fmdings, and conclusions. A 14-day appeal period shall commence upon such adoption. On the next business day following the effective date of the decision, or as soon thereafter as practicable, the rlannillg Department of Community & Economic Development shall mail copies of the decision, fmdings and conclusions to the applicant and anyone else who has in writing requested such notification and shall place a legal notice of decision in the local newspaper. . -1- 145 . C. Appeals. 1. Any person aggrieved by the decision of the P1alming Commission may appeal the decision to the City Council. 2. Appeals shall be submitted to the rlcUilllng Department of Community & Economic Development in writing within fourteen (14) days following the date ofthe decision. 3. The City Council shall conduct a closed record hearing on the appeal of the Planning Commission's decision w ithnotlc'c' bc,lng, g,i v en as sc'.: forth in r AMC 17.9G.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. D. Permits Void After One Year. All conditional or unclassified use permits shall become void one year from the date of granting such permits if use of the land or buildings or applying for necessary building permits ( s) has not taken place in accordance with the provisions in granting said requests. E. Extensions of Approved Conditional Use Permits. Extensions of approved conditional use permits shall be considered in accordance with the same procedures as for the . original pennit application, and may be granted for a period of one to five years, provided that the following minimum criteria are met: . 1. The use complies with the permit conditions. 2. There have been no significant, adverse changes in circumstances. Upon written request for an extension submitted to the flc:wlling Department of Community & Economic Development prior to the expiration ofthe conditional use permit, said conditional use permit shall be automatically extended for ninety days to allow the City adequate time to review the extension request. F. Minor Amendment of Approved Conditional Use Permits. 1. Upon written request submitted to the flc:wJ1:ing Department of Community & Economic Development, the flanning Director of Community & Economic Development may approve a minor amendment to an approved conditional use permit if: a. The amendment does not increase the intensity ofthe use by more than 10% of the original approval; b. The amendment will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located; and c. The site has been posted and adjacent property owners notified fifteen (15) days prior to the decision. 2. Any applications that are not granted a minor amendment by the PLuming Director~ of Community & Economic Development pursuant to this section must obtain an amendment through the City's normal conditional use permit procedure. . Section 2. Severability. If any provisions ofthisOrdinance or its applications to any person or circumstances is held to be invalid, the remainder of the Ordinance or application of . the provisions of the Ordinance to other persons or circumstances is not affected. -2- 146 Section 3 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary con-ections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, sectionlsubsectionnumbers and any references thereto. Section 4 - Effective Date. This Ordinance shall take effect five days after 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 February, 2006. MAYOR ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: By Summary G:\Legal_ Backup\ORDINANCES&RESOLUTIONS\2006-02.DevelopmentRegs-Chapter 17.011906. wpd February 15,2006 -3 - 147 . . . . . . co oq- - ~n Attachment C ~ORTMGELES WAS H I N G TON, U. S. A. . DEPARTMENT OF COMMUNIT\'& ECONOMIC DEVELOPMENT TO: Chair Rasmussen and Planning Commissioners FROM: Nathan West, Principal Planner DATE: January 25,2006 RE: Municipal Code Amendment - MCA 06-01 APPLICANT: City of Port Angeles Department of Community & Economic Development PROP. OWNER: Various LOCATION: City wide PROPOSAL: Amendment to Section 17.96 Special Provisions of the Port Angeles Municipal Code with regard to Appeals and Section 15.12 Flood Damage Prevention Ordinance . RECOMMENDATION: The Planning Division of the Department of Community and Economic Development recommends that the Planning Commission forward a recommendation of approval of the Municipal Code Amendment as identified in the attachments. PROPOSAL: A request by the City Attorney directed staff to initiate a Municipal Code Amendment process for discussion with regard to an inaccurate requirement as noted in section 17.96.070 (C) (3). This section of code contains a mistake referencing a notice requirement for notification of a closed record appeal. Such notice is not required in relation to a closed record appeal. See attachment A for the recommended change. On October 13, 2005 Department of Ecology submitted a letter to the Mayor indicating that specific changes to the Port Angeles Municipal Code were required for compliance with theN ational Flood Insurance Program. The recommended changes required in section 15.12 which will ensure the code is once again compliant. These changes are noted in attachment B. . 149 . . . 150 . . . FORT,NGELBS -WASHINGTON, U.S.A. CITY C 0 U NeiL M E M 0 DATE: February 21,2006 To: FROM: SUBJECT: Nippon Paper Industries Electric Transmission Maintenance Agreement SU'mmary: Due to the forthcoming completion of configuration alterations to transmission interconnections between the dams, PUD substations, and the Nippon Paper Industries' (NPI) mill, the entire transmission system supporting the mill will be inside the City. The attached two-party agreement will provide for maintenance services for these electric transmission lines. Recommendation: Authorize the Public Works and Utilities Director to sign an agreement with Nippon Paper Industries USA Co. Ltd., for maintenance services for NPl's electric transmission line s stem within the ci limits. Background/Analysis: Over the past several years, the City has been part of a three-way agreement between Nippon Paper Industries (NPI), Clallam PUD, and the City to perform maintenance on NPI's 69 kV transmission lines, with the City performing all maintenance inside the City, and the PUD performing all maintenance outside the City. In the near future, the generation from the dams will be interconnected with the PUD substation at Laird's Corner, and this line will no longer be connected directly to the milL Nippon will then interconnect the two transmission lines by the airport, and abandon the lines between the airport and Laird's Corner. At this point their entire transmission system will be inside the City. Nippon is proposing a new operations and maintenance two-party agreement with the City for the future. The construction work for this is complete and the cutover will occur following final Federal Government review and acceptance ofNPI's transmission use agreement. This is expected to happen in late winter or early spring of this year at which time this maintenance agreement between NPI and the City will go into effect. The attached document represents the proposed agreement both staffs have developed. The UAC reviewed and recommended approval of the agreement at their February 14, 2006 meeting. It is recommended that City Council authorize the Public Works and Utilities Director to sign the attached agreement for maintenance services for electric transmission lines with Nippon Paper Industries USA Co. Ltd. Attachment: Operating and Maintenance A~S'1ent N:\CCOUNCIL\FINAL\Nippon Transmission Maint Agreement Memo.doc . . . 152 . TRANSMISSION LINES NO.1 AND NO.2 OPERATING and MAINTENANCE AGREEMENT This Agreement, made and entered into this _ day of _, 2006, by and between Nippon Paper Industries USA Co. Ltd., a corporation organized under the laws of the State of Washington (hereinafter called "NPI"); and the City of Port Angeles, a Washington State municipality (hereinafter called the "City") is for operating and maintenance services for NPI's electric transmission lines. WHEREAS, NPlowns certain electric transmission lines extending from Bonneville Power Administration's Port Angeles Substation to the NPI paper manufacturing facility located on Ediz Hook at Port Angeles, Washington as depicted on the Attached Exhibit . A (Transmission Lines No. 1 and No.2) and WHEREAS, the City owns and operates electric distribution facilities on portions of both Transmission Line NO.1 and Transmission Line No.2 and WHEREAS, the City has the resources in place to respond to electric system outages in the City and Whereas, NPI and the City are parties to that certain Maintenance Agreement, Agreement Number 000404, dated June 5, 2000 and that certain Operating Agreement, Agreement Number 000405, dated June 5, 2000, which will be terminated by the parties and replaced hereby. . Transmission Lines No. 1 and No. 2 cl4a~ and Maintenance Agreement - Page 1 291/503981.02 021606/0940/16682.00006 NOW THEREFORE, it is agreed by and between NPI and the City as follows: . 1. DURATION OF AGREEMENT This Agreement shall become effective upon the activation of certain improvements to the subject transmission line system and written acknowledgement of the parties. The effectiveness hereof shall terminate the Prior Agreements. This Agreement shall continue in effect unless it is terminated earlier pursuant to Section 10.1 of this Agreement. 2. RESPONSIBILITY The City shall be the responsible party for providing system dispatching, maintenance, and emergency response services for Transmission Lines NO.1 and No.2. 3. DISPATCHING 3.1 Dispatching includes, but is not limited to, the calling to work of emergency response personnel, the ordering of breakers and disconnects to be opened and/or closed, the installing/removing of clearance tags, and the issuinglreceiving of working clearances. 3.2 The system dispatcher shall have complete and total authority over the operator in the field performing the switching. 3.3 The system dispatcher shall issue all clearances for work being performed on Transmission Lines No. 1 and No.2. . 4. SYSTEM OPERATION 4.1 The system dispatcher shall operate the system in accordance with the switching instructions in Exhibit B. 4.2 The Exhibit B to this Agreement may be changed by mutual consent between NPI and the City. 4.3 Each party to this Agreement hereby authorizes the placement of personal clearance locks by the other party on all switches subject to this Agreement. 4.4 The Parties to this Agreement hereby authorize the system dispatcher to call personnel from the Party listed as the. First Responder for switching as indicated in the chart below. Authorized Parties or Party Switch Owner First Second \Jumber Responder Responder . Transmission Lines No.1 and No.2 <t54 and Maintenance Agreement - Page 2 291/503981.02 021606/0940/16682.00006 . L948 NPI SPA City 90 NPI City NPI 92 NPI City NPI .. 93 NPI City . NPI 94 NPI City NPI TV6 City City None 21 NPI NPI None K12 NPI NPI None 22 NPI NPI None 23 NPI NPI None K11 NPI NPI None 24 NPI NPI None . 4.5 The parties to this Agreement hereby authorize the system dispatcher to call personnel from the party listed as the Second Responder above if personnel from the First Responder are not available. 4.6 The Owner indicated above hereby grants the Authorized Party permission to operate said switch or switches. 4.7 The Owner hereby grants the Authorized Party access to all facilities owned by the Owning Party as may be necessary for the Authorized Party to perform the switching ordered by the system dispatcher. 4.8 The parties to this Agreement hereby authorize the system dispatcher to call personnel from the City as First Responder and NPI as Second Responder for line patrolling. 5. SCHEDULED MAINTENANCE . 5.1 The City shall perform the maintenance activities listed below, unless informed not to perform the maintenance activity by NPI in writing prior to December 1, for maintenance during the following calendar year. The City may perform maintenance activities by competitive bid on a unit-cost basis, plus the City's administrative and general costs, or with the City's crew at its cost. Maintenance shall include the cost of any replacement, relocation, or repair required to maintain the system. 5.2 The City shall provide NPI the estimated costs associated with the scheduled maintenance for the following calendar year by July 1 of the current year. The Transmission Lines No.1 and No.2 apai and Maintenance Agreement - Page 3 291/503981.02 021606/0940/16682.00006 estimated cost supplied by the City shall be based on the best information available to the City at the time the estimate is given. The parties recognize that competitive bid pricing of scheduled maintenance for the following year may not be available at the time the cost estimates are prepared by the City. To allow for . this uncertainty, .the City hereby is authorized to exceed the estimated costs by up to 20 percent withOl.lt any additional authorization from the NPl.lf the scheduled maintenance costs for the year are expected by the City to exceed the cost estimate by more than 20 percent, the City shall provide a revised cost estimate to NPI. NPI shall have 30 days after receipt of the revised cost estimate to either approve the revised cost estimate or reduce the amount of scheduled maintenance so as not to exceed the approved budget for scheduled maintenance. . 5.3 Should NPI elect to reduce the scheduled maintenance to a level that, in the opinion of the City, is inadequate to protect life or property, the City is authorized to perform whatever maintenance that may be required to make the City's distribution facilities safe. The work required to make the City's distribution facilities safe may require the removal of a portion of the transmission facilities. Upon 30 days written notice to NPI, the City may remove that portion of the transmission facilities required to make the City's distribution system safe, and NPI shall pay the City for the costs associated with the removal of said transmission facilities. 5.4 Should NPI elect to reduce the scheduled maintenance for those transmission facilities without distribution facilities to a level that is not adequate to protect life or property, the City may terminate this Agreement pursuanfto Section 10.2 of this Agreement. 5.5 For those repairs that include the City's distribution system, NPI shall be . responsible for all costs associated with the pole and transmission facilities, and the City shall be responsible for the costs associated with the distribution facilities. 5.6 Should the repairs be limited to the transmission facilities associated with either Transmission Line No..1 or Transmission Line No.2, NPI shall be responsible for 100 percent of the cost repairs. 5.7 The tasks included in schedule maintenance are listed below. For those activities in the maintenance schedule with multiple-year schedules, NPI shall inform the City of the number of years to the next scheduled maintenance. Ground inspection Right-of-way clearing Pole inspection FreQuencv Twice per year Every year Every year Every five (5) years Maintenance Activity Trail Maintenance Pole replacement/treatment As needed For the purpose of this Agreement: Trail Maintenance means maintaining a clear . walking path under or adjacent to sections of the transmission lines constructed outside the right-of-way of established City streets; Ground inspection means a Transmission Lines No. 1 and No.2 t54 and Maintenance Agreement - Page 4 291/503981.02 02160610940/16682.00006 . 6. 6.1 6.2 visual condition inspection of the conductors, poles, cross arms, insulators, and companion hardware as viewed from the ground; and Right-of-way clearing means removal of trees, tree branches, or other vegetation that. has the potential to grow within 10 feet of transmission line conductors in the next 12 months. NON-SCHEDULED MAINTENANCE Should.the City determine that non-scheduled maintenance is required, and if the maintenance isrequired in the current fiscal year to protect life and property, the City shall supply NPI with a written cost estimate for the required maintenance. NPI shall have 30 days after receipt of the cost estimate to approve or disapprove the required maintenance~ . Maintenance shall include the cost of any replacement, relocation, or repair required to maintain the system. If it is determined during the process of completing repairs to either Transmission Line No. 1 or Transmission Line No.2 that the actual repair cost will exceed the cost estimate by more than 20 percent, the City shall immediately inform the NPI and request direction for completing repairs to the line. Should NPI fail to provide the City with additional direction for completion of the repairs within 24 hours, the City shall complete the repairs and NPI shall be responsible for its share of the total cost of repairs. 6.4 Should NPI elect to reduce the non-scheduled maintenance to a level that, in the opinion of the City, is not adequate to protect life orproperty, the City may perform whatever maintenance that may be required to make the City's distribution facilities safe. The work required to make the City's distribution facilities safe may require the removal of a portion of the transmission facilities. Upon 30 days written notice to NPI, the City may remove that portion of the transmission facilities required to make the City's distribution system safe, and NPI shall pay the City for the costs associated with the removal of said transmission facilities. 6.3 . 6.5 Should NPI elect to reduce the non-scheduled maintenance for those transmission facilities without distribution facilities to a level that is not ad~quate to protect life or property, the City may terminate this Agreement pursuant to Section 10.2 of this Agreement. 6.6 For those repairs that include the City's distribution facilities, NPI shall be responsible for all costs associated with the pole and transmission facilities, and the City shall be responsible for the costs associated with the distribution facilities. 6.7 Should the repairs be limited to the transmission facilities associated with either Transmission Line No. 1 or Transmission Line No.2, NPI shall be responsible for 100 percent of the cost of repairs. 7. EMERGENCY MAINTENANCE . 7.1 The City will respond to allemergencies requiring repair associated with Transmission Lines No.1. and No.2. The City may respond to an emergency condition with either its own forces or contract crews the City may have on its property. The City will respond to the emergency condition as rapidly as possible in the order of priority as determined by the City's dispatcher. The City's 291/503981.02 021606/0940/16682.00006 Transmission Lines No.1 and No. 2 ~ and Maintenance Agreement - Page 5 dispatcher shall determine the priority of multiple emergency conditions on, but not limited to, the following factors: . . . . Threat to life or property Number of City customers affected Time required to complete the repairs Resources available to respond to the emergency condition . 7.2 Upon responding to an emergency condition on either Transmission Line No. 1 or Transmission Line No.2, the City shall proceed to complete the necessary repairs. NPI shall reserve the right to delay the repairs on sections of the line without the City's distribution facilities. If NPI delays the.repairs of either Transmission Line No. 1 or Transmission Line No. 2, the City shall schedule said repairs for the first available time without the disruption of work scheduled for the City's customers. 7.3 The City hereby is authorized to proceed with emergency repairs up to $50,000 on Transmission Line No: 1 and Transmission Line NO.4. For repairs between $50,000 and $100,000, the City will provide NPI with an estimate or repair costs; and if City distribution facilities are attached to structures in the area to be repaired, NPI shall provide direction for repairs within 24 hours of the City providing NPI with an estimate for the cost of repairs. Failure of NPI to provide the City with direction for the repairs within 24 hours shall result in the City restoring the distribution system to service and abandoning the transmission facilities in the repair area. 7.4 For repairs exceeding $100,000, for those structures that supportthe City's distribution facilities the City will provide NPI with an estimate of the repair costs, and NPI shall provide the City direction for repairs within 48 hours. If NPI fails to . provide the City with direction for repairs within48 hours, the City is authorized to restore the distribution system to service and abandon the transmission facilities on those structures with distribution facilities. 7.5 Should the City proceed with abandoning the transmission facilities due to the lack of direction from NPI within the specified timeframe, NPI shall retain the right to request the City to install the abandoned transmission facilities. NPI shall be responsible for all costs associated with the installation of the abandoned transmission facilities. 8. CHARGES 8.1 NPI shall pay the City for dispatching services and switching services, except for switching associated with L948, associated with Transmission Line No.1 and No.2 at the City's cost. 8.2 NPI shall pay the City for all scheduled, non-scheduled, and emergency maintenance services on a unit-cost basis determined by competitive bid, plus the City's administrative and general costs, or with the City's crew at its cost. 8.3 Services payable by NPI shall be billed to NPI on a quarterly basis. The billing period may be changed at the City's discretion based on the billing amount. During periods of low billing amounts, the billing period may be increased; and . during high billing amounts, the billing period may be decreased. Under no circumstances will the average billing period be less than one (1) month. Transmission Lines No.1 and No. 2 a~& and Maintenance Agreement - Page 6 291/503981.02 021606/0940/16682.??oo6 1'- . . . 9. PAYMENT 8.1 The costs incurred by the City under Section 8 of this Agreement are. due within 30 days of receipt of the City's invoice. Overdue payments will be subject to a penalty of one percent (1 %) per month of any unpaid amount. 10. TERMINATION 10.1 Either party may terminate this Agreement by providing the other party written notice of such termination no later than 30 days prior to the effective date of termination. 10.2 All liabilities incurred during the term of this Agreement survive termination of this Agreement until satisfied 10.3 If any party to this Agreement violates any condition of this Agreement or performs switching outside the terms of this Agreement or without instruction of the system dispatcher, except to protect human life or property in.an emergency, this Agreement may, at the option of the other Party, be terminated immediately. 11. LIABILITY AND MAINTENANCE 11.1 NPI and the City shall exercise reasonable diligence consistent with prudent utility practices in the operation and maintenance of the electric distribution lines on Transmission Lines No. 1 and NO.2 and the maintenance of Transmission Lines No. 1 and No.2. It is agreed and understood that the City shall not be held responsible for any loss or damage that might result to the NPI on account of interruptions of service on the line or lines, eXgept in the case of gross negligence on the part of the City. NPl's right of use of either Transmission Line No. 1 or Transmission Line No.2 for transmitting electrical energy shall be subject to the right of the City to remove the transmission line from service for repairs, replacement, and maintenance; provided that, the City shall not remove the line from service without first notifying NPI and that, insofar as practicable, the City shall schedule removals from service with NPI's agreement in such a way as to suit the convenience NPI, as well as its own convenience. It is agreed and understood that the City may confine work on the line to regular work hours except in the case of an emergency. 11.2 NPI hereby grants the City access to all facilities owned by NPI as may be necessary for the City to perform the maintenance obligations pursuant to this Agreement. 12. INSURANCE All subcontractors providing services hereunder shall provide proof of insurance in the following limits: $200,000 each person $500,000 each occurrence Property Damage $100,000 each occurrence $200,000 aggregate Umbrella Coverage $1,000,000 Bodily Injury Transmission Lines No.1 and No.2 a"a9g and Maintenance Agreement - Page 7 291/503981.02 021606/0940/16682.00006 All subcontractor policies of insurance providing the coverage required hereunder shall name the City and NPI as additional insureds with a cross-liability clause that provides that no cancellation or material changes in the policy shall become effective unless thirty (30) days prior notice of such cancellation or change shall . be furnished to the City and NPI by registered mail. 13. THIRD-PARTY CLAIMS To the extent permitted by law, each party agrees to save, defend, and hold harmless the other party from and against third-party claims for damages for personal injury, including death, and property damage arising out of negligence of its employees, officers, and agents. To the extent permitted by applicable law, NPI and the City each waive any immunity existing under workers' compensation law as necessary to indemnify and hold harmless the other to. the extent set forth herein. NPI and the City specifically warrant that the terms and conditions of the foregoing indemnity provisions are the subject of mutual negotiations by the parties and are specifically and expressly agreed to in consideration of the mutual benefits derived under the terms of this Agreement. 14. SUCCESSORS AND ASSIGNS To the extent permitted by law, each party agrees to save, defend, and hold harmless the other party from and against third-party claims for damages for personal injury, including death, and property damage arising out of negligence of its employees, officers, and agents. To the extent permitted by applicable law, NPI, and the City each waive any immunity existing under workers' compensation law as necessary to indemnify and hold harmless the other to the extent setforth herein. NPI and the City specifically warrant that the terms and conditions of the foregoing indemnity provisions are the subject of mutual negotiations by the parties and are specifically and expressly agreed to in consideration of the mutual benefits derived under the terms of this Agreement. . 15. DEFAULT AND CANCELLATION Failure of either party to make payments for two (2) consecutive payment periods may be considered a default of this Agreement, and the other party may thereupon cancel the Agreement upon 30 days written notice; exceptwhen the Agreement has been terminated in accordance with Section 10.3 of this Agreement. Such cancellation shall not relieve any party of its obligations incurred herein. 16. ARBITRATION All parties agree that any dispute that arises out of the interpretation, performance, enforcement, or any other aspect ofthis Agreement shall be resolved by submitting the same to binding arbitration, which shall proceed according to the rules and regulations of the American Arbitration Association; provided, however, that each party shall select a nominating person within ten (10) days of notice of the dispute from any party to the others. The City shall elect one nominating person and NPI shall elect one nominating person. The two nominating persons shall then meet and promptly select the arbitrator from the Seattle Office of Judicial Arbitration and Mediation Service list. If the nominating persons do not select a person who agrees to serve as arbitrator within thirty (30) days of the first notice, the arbitrator shall be selected by a . Superior Court Judge of Clallam County. The arbitrator's fees shall be paid by the individuals or corporation who the arbitrator determines was the unsuccessful litigant. Transmission Lines No. 1 and No.2 <tat) and Maintenance Agreement - Page 8 291/503981.02 021606/0940/16682.00006 . . . 291/503981.02 ~t':~~_;t?:~~i~&f:~~f~~.;;.;'~i:\;h{~~nr~~e:~ff~~~~~t~:, ":;.:t,';..i.;\ ;:',;. .;;"\Ji':f: ;';t:~.~_~-",{;,i:, Transmission Lines No.1 and No.2 <16ulg and Maintenance Agreement - Page 9 Attest: NIPPON PAPER INDUSTRIES USA CO. LTD. . By Title Dated Attest: CITY OF PORT ANGELES By Title Dated . . Transmission Lines No.1 and No. 2 C\~ and Maintenance Agreement - Page 10 291/503981.02 021606/0940/16682.??oo6 DATE: To: FROM: SUBJECT: WASHINGTON, U.S.A. CITY COUNCIL MEMO FEBRUARY 21,2006 CITY COUNCIL MARK E. MADSEN - CITY MANAGER HOUSING AUTHORITY OF CLALLAM COUNTY (HACC) LOAN AGREEMENT Summary: HACC has requested a loan from Port Angeles Housing Rehabilitation Program to purchase a 2.02-acre parcel of property inside the City to help meet future affordable housing development needs. Recommendation: Authorize Mayor to sign a loan agreement for the Port Angeles Housing Rehabilitation Program revolving loan funds in the amount of $95,000 to HACCfor purchase of ro er for develo ment of affordable housm . Background/Analysis: HACC has an opportunity to purchase a 2.02-acre parcel of property which would be used for low-income housing. HACC will use the loan funds to purchase the property now for future development. The term of the loan is five years. Loan would be repaid when property is developed. Loan will be secured by a deed of trust on the property. This is a zero- percent (0%) interest loan. This loan meets the intent oftheCDBG grant funds which the City administers as part of the Port Angeles Housing Rehabilitation Program. Approval of this load is in. the best interest of the City and meets the goals and objectives of the Housing Element of the City's Comprehensive Plan. The City's Housing Rehabilitation Program fund has approximately $358,000 unallocated as of February 21,2006. Loan Agreement for the Port Angeles Housing Rehabilitation Program This Loan Agreement ("Agreement") is made as of the day of 2006 between the City of Port Angeles (the "City") and the Housing Authority of the County ofClallam, a public body created and.operatedunderRCW 35.82 (the "Borrower"). RECITALS A. The City of Port Angeles is a municipal corporation of the State of Washington. B. The City is willing to lend to Borrower the Sum of NINETY FIVE THOUSAND AND NO/tOO Dollars ($95,000.00) (the "Loan"), which total sum will be used by the Borrower to purchase property for future development of affordable housing. AGREEMENT. IN CONSIDERATION OF THE MUTUAL PROMISES HEREIN, THE BORRWER AND THE CITY AGREE AS FOLLOWS: 1. PURPOSE OF THE LOAN. Borrower and the City acknowledge that Borrower's primary purpose under State law is to provide affordable housing to the community. The Loan will be utilized by the Borrower to purchase a 2.02-acre parcel of property in the City of Port Angeles, described in the attached Exhibit "A". The Borrower further agrees that said property will be used to develop affordable housing units at a future date that meets the goals and objectives of the City's Comprehensive Plan Housing Element. 2. SECURITY. (a) Deed of Trust. As security for all funds drawn, Borrower shall make, execute and deliver to the City as beneficiary a Deed of Trust on the property in the form and substance satisfactory to the City in full amount of the Loan. (b) Title Insurance. Borrower shall, at Borrower's expense, furnish the City with an acceptable mortgagee's GEM title insurance policy insuring the City in the amount of ninety-five thousand dollars ($95,000.00). 3. LOAN PROCEEDS. Upon execution ofthe Note in favor of the City and recording of the required security instruments and the satisfaction of any other conditions precedent applicable to loan disbursement, the loan proceeds will be disbursed in full to the Borrower. 4. . BONUS, COMMISSION, OR FEE. The borrower agrees that no Member of the Housing Authority Board of Commissioners nor employee shall be admitted to any share or part of the proceeds of the Loan, or to any benefit to arise from the same. 5. INTEREST OF CITY PERSONNEL. No member of the City who exercises any functions or responsibilities in connection with the administration of any of this program, and no other officer or employee of the City who exercises such functions or responsibilities shall have any interest, direct or indirect, in the proceeds of the Loan. 6. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS. No member ofthe City of Port Angeles City Council and no other public official of the City of Port Angeles who exercises any functions or responsibilities in connection with the administration of the Loan shall have any interest, direct or indirect, in the proceeds of the Loan. 7. LOAN DOCUMENTS; FEES. The Borrower shall execute at or prior to closing such closing documents, in form and content satisfactory to the City, as the City shall require, including, but not limited to, a Secured Promissory Note, a Deed of Trust, and this Agreement. The Borrower shall promptly pay, upon demand of the City, all of the City's costs in connection with the closing of the Loan, including, without limitation, its title insurance costs, recording fees, escrow fees, loan fees and other expenses associated with the loan. 8. CANCELLATION OF COMMITMENT; ACCELERATION. (a) At its option, the City reserves the right to cancel the Loan and terminate its obligation hereunder and under any other Loan Documents evidencing the Loan, if, for a period of sixty (60) days from the date of execution of the Note, the Borrower shall have failed or refused to purchase the property outlined in Exhibit "A". The City shall exercise this cancellation by sending written notice thereof to the Borrower at the mailing addresses set forth below. (b) The entire principal of the Note, and any other amounts secured by the Deed of Trust, shall become due and payable, at the option of the City, upon the Borrower's breach of, or failure to comply with, any covenant, agreement, term or condition contained in this Agreement or any of the Loan Documents or upon the occurrence of any of the following: (1) Failure to pay when due any sum owing hereunder, under Borrower's secured Promissory Note, or under any ofthe other Loan Documents; (2) Any sale or conveyance of the property without the City's prior approval; 9. LIMIT OF LIABILITY. All liability and obligation to the City arising pursuant to this Loan Agreement and any payment to be made by the City pursuant to this Agreement shall be satisfied exclusively and solely from City Housing Rehabilitation Funds made available for such purpose, and no creditor or other person or entity of whatever nature shall have any recourse to the assets, credits, or services of the City by reason of any liability or obligation arising out of this Agreement, and neither this Agreement nor any note, loan or other documents hereunder shall constitute a debt or indebtedness of the County within the meaning of any constitutional, statutory, local or charter pro'vision. 10. NOTICES AND DEMANDS. Any notice or demand which either party hereto is required or desires to give to or make upon the other shall be in writing and shall be delivered or made by United States registered or certified mail, return receipt requested, postage prepaid, addressed in the case of the. City to: City of Port Angeles P.O. Box 1150 Port Angeles, W A 98362 And addressed the case of the Borrower to: Executive Director Housing Authority of the County of Clallam 2603 S. Francis Street Port Angeles, W A 98362 Subject to the right of any such party to designate a different address by notice similarly given. Any not~ge or demand so sent shall be deemed to have been given or made when delivered as evidenced by the return receipt. 11. SUCCESSORS AND ASSIGNS. The terms of this Agreement shall be binding upon the parties hereto, their respective successors and assigns; it being agreed, however that the Borrower shall not assign or transfer any of its rights, duties, benefits, obligations, liabilities or responsibilities under this Agreement without the express written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this document as of the day and year first above written. LENDER: City of Port Angeles Signature Karen Rogers, Mayor BORROWER: Housing Authority of the County of Clallam Signature Pam Tietz, Executive Director I . PROMISSORY NOTE Port Angeles Rehabilitation Loan Program Amount: $95,000.00 Date: FOR VALUE RECEIVED, The Housing Authority of the County ofClallam, a public corporation created and operating under RCW 35.82 (herein called the BORROWER) jointly and severally promisees) to pay to the order of THE CITY OF PORT ANGELES (herein called the LENDER), the sum of ninety-five thousand ($95,000) on the unpaid balance of this Note. Interest shall accrue from the date hereof at the rate of zero percent (0%) per annum. Principal on this Note is payable in lawful money of the United States and the principal office of the City of Port Angeles, Washington, or at such other place as shall be designated by the LENDER in writing. All indebtedness shall be due and payable upon sale or transfer of any interest of the undersigned in and to the real property, or any portion thereof, which has been conveyed in trust as security for the repayment of this Promissory Note, or upon the dissolution of the undersigned organization, whichever shall occur first. On or before January 10, 2011, the Borrower shall pay to the Lender 100% ofthe balance of the Loan and all accrued interest unless LENDER, in writing, agrees to extend this note. The Borrower reserves the right to prepay at any time all or any part of the principal amount due under this Note without payment of penalties or premiums. All payments received on amounts due under this note shall be applied to the principal due on the Note. Ifthe interest on, and principal due on, this Note are not paid in full by January 10, 2011, the Borrowing shall pay to th,e Lender a penalty of 1/2% on the amount past due and remaining unpaid, per calendar month, or fraction thereof. Upon recording the Deed of Trust referenced hereunder, this Note shall be nomecourse to the Borrower; provided that the Borrower shall be personally liable on a joint and several basis, in the amount of any loss, damage or cost (including but not limited to attorney's fees) resulting from fraud or intentional misrepresentation by Borrower or Borrower's agents or employees in connection with obtaining the loan evidenced by this Note, or in complying with any of the Borrower's obligations under the documents executed in connection with the Loan (the "Loan Documents"). This Note is secured by a Deed of Trust dated as of ,2006 to be duly filed for record in theoffice of the Clallam County Auditor, C1allam County Courthouse, Port Angeles, Washington. If suit is instituted by the Lender to recover on this Note, or any portion thereof, Borrower agrees to pay all costs of such collection, including reasonable attorney's fees and court costs, and the Borrower further agrees that venue and jurisdiction may be in Clallam County, Washington, at the Lender's option. If this Note is reduced to judgment, such judgment shall bear the statutory interest rate on judgments. Demand, protest and notice dfdemand and protest are hereby waived, and the undersigned hereby waives, tothe extent authorized by law, any and all homestead and other exemption rights, which would otherwise apply to the debt evidenced by this Note. Any notice to the Borrower provided for in this Note shall be in writing and be given by mailing such notice by certified mail, return receipt requested, addressed to Borrower at the property address stated below, or to such other address as Borrower may designate by Notice in writing to the Lender. Any notice to the Lender shall be given by mailing such notice by certified mail, return receipt requested, to the Lender tat the address stated below. IN WITNESS WBEREOF,',~his N~te has been duly executed by the undersigned as of its date. . , ;- ... i 1..'1 ... ~~. LENDER: City of Port Angeles Signature Karen Rogers, Mayor BORROWER: Housing Authority of the County of Clallam Signature Pam Tietz, Executive Director After recording return to: City of Port Angeles P.O. Box 1150 Port Angeles, W A 98362 GrantorlBorrower: GranteeIBeneficiary: Grantee/Trustee: Legal Description: DEED OF TRUST Housing Authority onhe County of Clallam City of Port Angeles, a Municipal Corporation Olympic Peninsula Title Company Abbreviated Form: Additional legal is on page of document Assessor's Tax Parcel ID#: DEED OF TRUST THIS DEED OF TRUST is made this day of 20_, among the Grantor, the Housing Authority of the County of Clallam, operating under RCW 35.82 (herein "Borrower"), and the Beneficiary, the City of Port Angeles, a muncipal corporation (herein "Lender"). , a public corporation created and (herein "Trustee"), BORROWER, consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of Clallam, State of Washington: SEE EXHIBIT "A" which has the address of2037 W. 18th Street. Port Angeles. Washington 98363 (herein "Property Address"); {Zip Code} TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents (subject however to the rights and authorities given herein to Lender to collect and apply such rents), all of which shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all ofthe foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) are hereinafter referred to as the "Property"; TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's note dated and extensions and renewals thereof (herein "Note"), in the principal sum of U.S. ninety-five thousand dollars ($95,000), with interest thereQ~, with the indebtedness, if not sooner paid, due and payable on Januarv 10.2011 (the "Maturity Date" as defined in the, ~ote); the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust; and the performance of the covenants and agreements of Borrower herein contained. Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Property, and that the Property is unencumbered except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower sha1l promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, including Borrower's covenants to make payments when due. Borrower sha1l payor cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower sha1l keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval sha1l not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and sha1l include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust. 6. Preservation and Maintenance of Property. Borrower shall keep, or shall cause Lesee to keep, the property in good repair and shall not permit impairment or deterioration ofthe Property. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorney's fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Deed of Trust, but does not execute the Note, (a) is co- signing this Deed of Trust only to grant and convey that Borrower's interest in the Property of Trustee under the terms ofthis Deed of Trust, (b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any other Borrower hereunder may . agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed of Trust as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Deed of Trust shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions ofthis Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions ofthis Deed of Trust and the Note are declared to be severable. As used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person), Lender may, at its option, require immediate payment in full of all sums secured by this Deed of Trust. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Deed of Trust, or if Lender has executed a separate written waiver of this option. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Deed of Trust. If Borrower faiis w pay these sums prior to the expiration of this period, Lendcr may invoke any rcmedies permitted by this Deed of Trust without furthcr notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and Lendcr further covenant and agrce as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreemcnt of Borrowcr in this Decd of Trust, including the covenants to pay when due anysums secured by this Deed of Trust, Borrower shall be in default under this Deed of Trust and Lender may accelerate the Note and exercise any of its rights and remedies hereunder or available at law. Lender, prior to acceleration, shall give notice to Borrower as provided in paragraph 12 hereof specifYing: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 10 days from the date of notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale ofthe Property. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorney's fees and costs of evidence oftitle. If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and Lender's election to cause the Property to be sold. Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as applicable law may require. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public alJi.Iouncement at the time and place of any previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. The n::citals in the Trustee's deed shall be primo facio evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, ifany, to the person or persons legally entitled thereto. 18. Insufficient Sale Proceeds. In the event of a sale of the Property at fair market value, and if such sale does not result in sufficient procedlsto satisfY the Note, Beneficiary will nevertheless request reconveyance ofthis Deed of Trust at the closing of such saie: prOVided that Beneficiary receives all proceeds available after satisfaction of the prior deed of trust and payment of 9ustomary sale and closing costs. In such event, no sale proceeds shall be paid to Grantor (i.e., Grantor will not receive any cash from the sale). "Fair market value" as used in this paragraph shall mean the price received by Grantor in an arm's length sale to a third party after listing the property for sale with a multiple listing service or otherwise publicly advertising the Property. Fair market value shall not be less than the value established by the purchaser's appraisaiof the Property or any appraisal obtained by Beneficiary at its option for the purposes of establishing fair market valpe under this paragraph. 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the. right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to premiums on receiver's bonds, costs of management of the Property, collection of rents, and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. 20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. 21. Substitute Trustee. In accordance with applicable law, Lender, may from time to time appoint a successor trustee to any Trustee appointed hereunder. The successor trustee shall, without conveyance of the Property, succeed to all the title, powers and duties conferred upon the Trustee herein and by applicable law. 22. Request for Notices. Borrower requests that copies of the notice of default and notice of sale be sent to Borrower's address which is the Property Address. Lender requests that copies of notices of sale from the holder of any lien which has priority axer thiS.Deed of Trust given pursuant to RCW 61.24.040 be sent to Lender's address, as set forth on page one of this Deed of Trust. 23. Use of Property. The Property is not used principally for agricultural or farming purposes. 24. Misrepresentations. Upon discovery of fraud' or misrepresentation by the Borrower with respect to any information provided by Borrower in the loan application executed in connection with the Note, Lender may, in its sole discretion, by written notice to Borrower, declare all obligations secured by the Deed of Trust and all obligations payable under the Note immediately due and payable and exercise any other remedy allowed by law or provided by the Deed of Trust. Borrower shall notify Lender promptly in writing of any transaction or event which may give rise to a right of acceleration hereunder. Borrower shaH pay to Lender all damages sustained by reason of the breach of the covenant of notice set forth herein or by reason of such fraud or misrepresentation. IN WITNESS WHEREOF, Borrower has executed this Deed of Trust. Borrower Borrower STATE OF WASHINGTON, County ss: ,20_, before me, the undersigned, a Notary Public in and for commissioned and sworn, personally appeared , to me lmown to be the individual(s) described in and who executed the within and foregoing instrument, and aclmowledged to me that he/she/they signed and sealed the said instrument as hislher/their free and voluntary act and deed for the uses and purposes therein mentioned. the On this _ day of State of Washington, duly WITNESS my hand and official seal. Signature: (Reserved for official seal) Name (Typed or Printed) Residing at: My Commission expires: REQUEST FOR RECONVEYANCE TO TRUSTEE: The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together with all other indebtedness secured by this Deed of Trust, have been paid in full. You are hereby directed to cancel said note or notes and this Deed of Trust, which are delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Deed of Trust to the person or persons legally entitled thereto. Dated: . . . DATE: To: FROM: SUBJECT: WASHINGTON, U.S.A. CITY COUNCIL MEMO February 21,2006 CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities ~ 2006 Consultant Agreement with Brown and Caldwell Summary: Brown and Caldwell, Inc. has been selected to continue to provide engineering services related to the City'swastewater and stormwater systems. The current agreement with Brown and Caldwell expired January 31,2006. A new agreement will ensure that the ongoing engineering services of Brown and Caldwell related to the Combined Sewer Overflow (CSO) Plan will continue without delay, as well as the design of a sewer extension to the East Urban Growth Area. Recommendation: Approve and authorize the Mayor to sign an Agreement for Professional Services with Brown and Caldwell, Inc., in an amount not to exceed $850,000. Background/Analysis: On February 17,2005, the City signed an Agreement for Professional Services with Brown and Caldwell (B&C) to provide engineering support services 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 Wastewater Treatment Plant (WWTP). Some of the details of the CSO Reduction Plan are still being negotiated with the Department of Ecology (DOE). In addition, DOE is also requiring that we submit for approval an update to the General Sewer Plan by September I, 2006. Based on the extensive involvement that B&C has had in providing engineering services for the City's wastewater and stormwater systems, especially as it relates to the WWTP's National Pollution Discharge Elimination System Permit, B&C was selected as the best qualified to continue to perform these services. A new engineering services agreement has been negotiated. . 16~ N:\CCOUNCIL\FINAL\Brown & Caldwell 2006 Consultant Agreement.doc February 21, 2006 City Council Re: Brown & Caldwell 2006 Agreement Page 2 Under the new agreement B&C will complete the tasks listed in the table below: TASK BUDGET . 1. CSO Comprehensive Reduction Plan Update $25,000 2. Update to General Sewer Plan $50,000 3. East UGA Sewer Extension (Funding by $670,000 Clallam County) 4. Industrial SWPPP and Wash-Down Facility $55,000 5. Other Services as Directed $50,000 Total $850,000 . . Task 1 - CSO Comprehensive Reduction Plan Update. B&C will continue to assist the City in negotiations with DOE for approval of an update to its CSO Comprehensive Reduction Plan . Task 2 - Update to General Sewer Plan. The CSO Plan will be converted to updated General Sewer Plan, including additional sewer system modeling and expansion of the sewer service area. . Task 3 - East UGA Sewer Extension. This task involves the design of sewer interceptor, with gravity sewer main, force main, and two pump stations, to serve a significant portion of the East Urban Growth Area (EUGA). This task will only be executed if funding is provided by Clallam CoUnty. . . Task 4 - Industrial SWPPP and Wash-Down Facility. This task involves the preparation and submission of a DOE-required general industrial stormwater pollution prevention plan (SWPPP) for the City's Corporation Yard on B Street. In addition, a storm drain vacuum truck decant station will be designed for connection to the sanitary sewer. The design of the EUGA sewer is being funded by Clallam County. The City will be managing the design work and reimbursement will be made through an Interlocal Agreement that has been executed between the City and County. Funding for the other tasks, as well as directed services, are included in the approved 2006 Wastewater Utility budget. The duration of the Agreement will be through January 31,2007, and based on the completion of all tasks. The budget for the East UGA design task will be approved by the Clallam County Board of Commissioners before the contract is executed. The Utility Advisory Committee, at its February 14 meeting, forwarded a favorable recommendation to City Council to approve this agreement. It is recommended that Council approve and authorize the Mayor to sign an Agreement for Professional Services with Brown and Caldwell, Inc., in an amount not to exceed $850,000 following funding approval by Clallam County for East UGA design. . 164 . . . poRTRGELBS WAS H IN G TON, U. S. A. CITY COUNCIL MEMO DATE: February 21,2006 To: CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works and Utilities ~c...., Equipment Purchase: Police Vehicles SUBJECT: Summary: The 2006 budget includes funds to procure one marked patrol vehicle, one marked K9 vehicle, two unmarked patrol vehicles, and one 4x4 four-door pickup truck for the Police Department. Recommendation: Authorize the City Manager to sign contracts and purchase orders for two Crown Victoria sedans, two Chevrolet Impala sedans, and one Chevrolet Colorado 4x4 extended cab pickup truck from the state bid contracts. Background/Analysis: The 2006 budget contains funds to procure one marked patrol vehicle, one marked K9 vehicle, two unmarked patrol vehicles, and one 4x4 four door pick-up truck for the Police Department, replacing four sedans and one pickup that are beyond their economical life. Budgeted funds are sufficient for the vehicles and have been transferred to the Equipment Services fund for the procurement. All five vehicles are available on State bid contracts. Local dealers have been contacted, but those within the City limits are not interested in competing against the State bid pricing for these particular vehicles. A dealer located in Clallam County has expressed interest in bidding for the unmarked vehicles (Impalas). Due to the sales tax rate being higher in Clallam County than the state contract vendor's locale, the local dealer is unable to provide a competitive bid. RCW 39.30.040 only allows a local government to take into consideration tax revenue it would receive for purchases using competitive bidding when the supplier is within its boundaries. The City welcomes and encourages local bidders within the City and County to bid on our vehicle requirements, but would use.different consideration to evaluate those within the City limits and those that fall outside as required by the RCW. The City staff is still quite willing to take this to bid if there is interest in competing against the State bid pricing. N:\CCOUNCIL\FINAL\Equipment Purchase - Police Vehicl66 February 21, 2006 City Council Re: Equipment Purchase - Police Vehicles Page 2 The pricing on the State bid contracts for these vehicles is summarized below: State Bid Purchase Contracts Prices Include Sales Tax and Fees) Vehicle Type Budget State Bid Replacing vehicle 2006 Ford Crown Victoria (2) $62,000 $46,945.72 #0087 (1998 Ford Crown Victoria) #0065 (1990 Chevrolet Caprice) 2006 Chevrolet Impala (2) $40,000 $38,435.32 #0096 (1994 Buick LeSabre) #0027 (1995 Buick Regal) 2006 Chevrolet Colorado (1) $22,000 $21,674.66 #7742 (1984 GMC 4 x 4) .. .. N:\CCOUNCIL\FINAL\Equipment Purchase - Police VehicleM . . . . . . WASHINGTON, U.S.A CITY COUNCIL MEMO DATE: February 21, 2006 To: CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities /;:!^'C/ Erickson Park Restrooms FROM: SUBJECT: Summary: Erickson Park was designated to receive a prototype outdoor restroom. Extensive research was performed through a detaile<i review process prior to recommending the preferred solution. The cost of the preferred restroom exceeds the available funding of $75,000 by $25,000. Recommendation: Authorize and approve the City Manager to purchase a pre-cast restroom in the amount of $98,477.00, including sales tax, manufactured by CXT of Spokane, W A utilizing the state bid contract. Also, it is recommended that additional funding in the amount of $25,000 be allocated from the Governmental Fund for capital facilities projects to complete the ro . ect. Background! Analvsis: Most of the present, permanent restrooms in the City parks are in such disrepair that they have been recommended for replacement. Erickson Park was identified to be first on the list for replacement due to the high volume of use. If the facility is determined to be a success then other of the same units will be deployed at other City park locations. Funds in the amount of $75,000 are available in the City's Governmental Fund account for Capital Projects. Staff identified seven (7) firms that supply outdoor restrooms. Detailed comparisons were conducted on units from three (3) firms. Unit selection was based, in part, on unit size, fixture counts, and additional work effort after the unit arrives on site, delivery schedule and total costs including shipping and taxes. Ultimately, one firm was selected and a final cost proposal was requested and received. Firm Restroom Type Unit Cost Total Project Construction Cost Time Romtec Concrete Block $66,306 $139,821 (1) 60 Days Awanhee Pre-Cast Slabs .. $71,478 $109,978 (2) 30 Days CXT Precast Pre-Cast Unit $98,477 $109,176 (3) 2 Weeks Products Note (1) Includes: $60,000 in construction costs which would have to be contracted out. Note (2) Includes: $25,000 in construction costs which would have to be contracted out. Note (3) Unit is pre-cast at factory and is set in place at the site with minimal installation costs that will be accomplished with in-house staff. 167 1 N:\CCOUNCIL\FINAL\Erickson Park Restrooms.doc February 21,2006 City Council Re: Erickson Park Restrooms Page 2 The Taos Style Toilet Building manufactured by CXT, Inc, Spokane, W A was selected to provide the city with a firm proposal due to features, cost and delivery schedule. See the attached drawing for details on the selected unit. The additional cost above the unit price is for work to be accomplished by the Parks crew and a 5% contingency factor, which is budgeted for in the maintenance operations budget. The plan has been reviewed and approved by the Parks/Facility Council Oversight Committee and the Parks, Recreation and Beautification Commission. The Parks/Facility Council Oversight Committee recommends the Council authorize the additional funding of $25,000.00. Representatives of the Dream Playground also reviewed (and helped select colors and features) this proposal. It is recommended that Council authorize and approve the City Manager to purchase a pre-cast restroom in the amount of $98,477.00, including sales tax, manufactured by CXT of Spokane, WA utilizing the state bid contract. Also, it is recommended that additional funding in the amount of $25,000 be allocated from the Governmental Fund for capital facilities projects to complete the project. Attachment: Taos Style Toilet Building Drawing 168 . . . 2 Product Data T AOSSTYLE TOILET BUILDING -- Exhibit 3 . Precast Produ.cts ,,- Plumbing Venl Pipe 2'.4"xl0" [exon Windows Simulo1ed Shake Roof ~~ iw'Ji:: 'I,: ',';::" ',' I.; co ~ co .' '"" '9 ... .. ~ )'.6" 26'.0" 1'-6' 29'.0" Front Elevation ,! I. :,. ," I . ,': 23'.0" Right Side Elevation . Op"anal Stainless SleelMirror ; '9 ... 1'-6" 26'.0" 29'.0" Back Elevation 1'.6" 21" 34"' 40'/1" Interior Elevation Men Shown (Woman Simular Opp. Hand) 1'.2'/2" 1'.9'/2" 1'.9'/2" !'.2'/t 26'.0" . co ~ 3'.0" 3'-4" 13'-4" Floor Plan /, If ,...,,^... ,/-t^^f\ ~ c:JI c::!I . . . 170 . . . ~ORTA.N ELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: FEBRUARY 21,2006 To: CITY COUNCIL FROM: WILLIAM E. BLOOR, CITY ATTORNEY SUBJECT: BENEFITS AND HIRING TOOLS SUMMARY: On December 6, 2005, the City Council approved a statement of Goals, Policies, Benefits, and Hiring Tools. Subsequently, we learned that Section 2 of the Benefits cannot be implemented as written. It needs to be amended by deleting the portion of the last sentence that requires payment to a Flex 125 Plan. RECOMMENDATION: Adopt the attached amended Exhibit B. BACKGROUNDIDISCUSSION: On December 6,2005, the City Council approved Goals, Policies, Benefits, and Hiring Tools. Section 2 of the benefit statement provides that $50 per month for medical, vision and/or dental would be paid directly into a Flex 125 Plan. When attempting to implement this provision, we learned the third-party administrator of the flex plan will not accept payments unless all employees have the same benefit. That was not the intention of the Council. The purpose of this amendment is to retain the benefit in a manner that can be implemented. This amendment retains the benefit, but deletes mandatory payments into a Flex Plan. If you have any questions, please give me a call. ~< ~ William E. loor, City Attorney web/jd Attachment G:\LEGAL\MEMOS.2006\CouncilBenefitMemo2-9-06.wpd /- Benefits and Hiring Tools to Keep and Attract a Strong Management Team Benefits: 1. Additional deferred compensation - A minimum of$1,800 or 3% of base salary, whichever is greater amount. 2. Additional compensation, which is intended to offset medical, vision and/or dental expenses not covered by insurance, in the amount of $50 per month, or $600 per year. 3. Ability for individuals to cash out 80 hours ofvacationlgeneralleave per year. Hiring Tools (Recruitment Incentives) to be used by the City Manager: 1. Start individuals with a vacation balance such as 80 hours to be used upon hire and/or commence earning ofvacationlgeneralleave at a higher rate. 2. Provide compensation to offset a portion of moving expenses. Exhibit "B" - 1 - [- CITY COUNCIL MEETING February 7, 2006 Recognition of CounciImember Pittis WORK SESSION: Initiative and Referendum Procedure LATE ITEMS TO BE PLACED ON TffiS OR FUTURE AGENDAS & PUBLIC COMMENT: Break PUBLIC HEARINGS - QUASI-JUDICIAL: Reidell II Subdivision Phase 2 - Rook Road Ordinance No. 3234 3. Recognition of Council member Pittis: Mayor Rogers paid tribute to the City's friend and Councilmember, Jack Pittis, who passed away unexpectedly this past Friday. Memorial services have been scheduled for Friday, February 17, 2006, at 1:00 p.rn. in the Vern Burton Center. A moment of silence followed in honor of CounciImember Pittis. Initiative and Referendum Procedure: Attorney Bloor provided the Council with a detailed summary of the procedure to be followed for the power of initiative and referendum. He emphasized that the Council does not exercise any discretion in the procedure. Manager Madsen added a grant application to the Puget Sound Action Team as Consent Agenda Item K.5. Ed Tuttle, 3909 Old Time Place, a County resident, spoke as a member of Concerned Citizens of Port Angeles regarding the initiative and referendum process. He read a statement in support of the implementation of the process, and he reviewed the number of signatures submitted on the petitions. Peter Ripley, 114 E. 6th Street, # 1 02, a City resident, extended his deepest condolences for the loss of CounciImember Pittis. Jack Harmon, 404 E. Ahlvers, a City resident, expressed the opinion that the Council meeting agendas should allow public comment more than once during the meeting. He then addressed The Reserve at Valley Creek, questioning a possible exclusive agreement with a realtor. Mr. Harmon felt the Mayor and Deputy Mayor should have excused themselves from the consideration, and he also felt that staff had not been objective in presenting the facts of the development. Discussion ensued. Paul Lamoureux, 602 Whidby, a City resident, "tipped his hat" to CounciImember Pittis. He then spoke as a member of Concerned Citizens of Port Angeles, reading a statement regarding the collection of over 4,000 signatures on petitions and asking for the Council's support of the initiative and referendum process. Discussion followed. Mayor Rogers recessed the meeting for a break at 7:05 p.m. The meeting reconvened at 7:26 p.rn. 4. Reidell II Subdivision Phase 2 - Rook Road: Manager Madsen provided a brief summary of the Reidell II Subdivision Phase 2 at Rook Road. Because oflegal requirements, the Council was asked to waive the second reading of the Ordinance. Associate Planner Johns advised the Council that all requirements have been met by the developer, and bonding improvements for Phase I will be rolled into Phase II. Mayor Rogers opened the public hearing at 7 :28 p.rn. There being no public testimony, the public hearing was closed at 7 :28 p.rn. Councilmember Williams moved to waive the second reading of the Ordinance. Councilmember Munro seconded the motion, which carried unanimously. Mayor Rogers read the Ordinance by title, entitled ORDINANCE NO. 3234 AN ORDINANCE of the City of Port Angeles, Washington, approving the final of Phase 2 of the Reidell II Subdivision. 172 -2- --...;..--,. . i. . 'Ii{,'ii" "\' ;A,t<'",. '>~ri-~fJ;t:::!;:; , " ~", ' CITY COUNCIL MEETING February7, 2006 Reidell II Subdivision Phase 2 - Rook Road Ordinance No. 3234 (Cont'd) Councilmember Williams moved to adopt the Ordinance as read by title, to include Condition 1, Findings 1 - 23, and Conclusions A-F. The motion was seconded by Councilmember Braun and, following brief discussion, a vote was taken on the motion, which carried unanimously. PUBLIC HEARINGS- OTHER: None. OTHER CONSIDERATIONS: 2. Conditions, Findings, and Conclusions in Support of The Reserve at Valley Creek Planned Residential Development (Continued from January 17, 2006): Conditions, Findings, and Conclusions in Support of The Reserve at Valley Creek Planned Residential Development Associate Planner Johns displayed maps for the Council, explaining that the agenda packet included revised conditions, fmdings, and conclusions from the last meeting, as well as a summary of changes made. He reviewed in detail the changes that were made, to include increased recreation and open space in order to meet requirements, the moving of some lots to the west and the east, a new park area in the western tier of the building sites, additions to wetland mitigation and habitat enhancement areas, added park . areas, roads' north and south that extend to property lines, and language strengthening the covenants and restrictions on wood smoke and wetland maintenance. Also, the 30' strip ofland on the north side was changed to be an easement. Planner Johns noted that concern was expressed that there was no inclusion of a third party soil analysis, so a revision to Condition No.4 was drafted and distributed to the Council. Discussion followed as to the Council's, intent during its deliberations, and consideration was given to enhanced traffic mitigation on Ahlvers Street, and it was noted the developer could be obligated by separate, written agreement. Lengthy discussion ensued on the 30' strip along the north side in order to guarantee access to the properties to the north and to monitor maintenance of the wetland. Also discussed was the need to reinforce stormwater drainage due to the potential impacts on the banks and slopes, the fact that internal streets will be dedicated to the City, and the time lines associated with funds set aside for traffic mitigation. Councilmember Erickson moved to adopt and authorize the Mayor to sign Findings 1 - 41, Conclusions 1 - 20, and Conditions 1 - 21 providing preliminary approval for The Reserve at Valley Creek, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes, to include revised Condition No. 4 that the City will retain an independent soils analyst to review specific issues delineated by the City regarding the soils analysis, added Finding No. 41 that the developer and the City will enter into a separate agreement under which the developer agrees to make payment to the City and perform other duties for traffic mitigation, and added Condition No. 21 that the developer must fulfill all obligations and duties under separate agreement with the City. The motion was seconded by Councilmember Braun and carried by a majority vote, with Councilmember Wharton voting in opposition. Approval of Labor Contract between City and IAFF #656 2. Approval of Labor Contract between City and IAFF #656: Human Resources Manager Coons provided a summary of the labor contract with the International Association of Firefighters, Local #656. Following brief discussion, Councilmember Braun moved to approve the labor contract between the City of Port Angeles and the IAFF covering the period of January 1, 2006 through December 31, 2008, and authorize the Mayor to sign the contract, inclusive of retroactive wages to 3.7% as of January 1, 2006. The motion was seconded by Councilmember Munro and carried unanimously. 173 - 3 - CITY COUNCIL MEETING February 7, 2006 FINANCE: 1. Exeltech Agreement Amendment No.2 - 8th Street Bridges: Exeltech Agreement Amendment No. 2 - 8th Street Bridges Public Works & Utilities Director Cutler advised the Council that the bid opening for the 8th Street bridges project is scheduled for this coming Friday. He added that material price increases and WSDOT review comments have required reevaluation of the construction methods to keep the project within the grant funding limits. Additional permitting work beyond the current scope of the project was needed to complete the design for final approval and bid advertisement, and negotiations for the scope and fees for the construction management phase of the project have been completed, so these items were included in the proposed amendment. Director Cutler also reviewed the RFP.process for the existing bridges. . Following brief discussion, Councilmember Munro moved to approve and authorize the Mayor to sign Amendment No.2 to the Consultant Agreement with Exeltech in the amount of 977,702.42 and further authorize allocation of added matching funds for design in the amount of$19,865.55 from general governmental funds for capital projects; with funding for the construction management being limited to a not to exceed figure of $50,000 until the construction project is awarded by Council. The motion was seconded by Councilmember Braun and carried unanimously. Shane Park Renovation Project, Change Order No.4 2. Shane Park Renovation Project, 05-04, Change Order No.4: Director Cutler reviewed additional costs incurred on the Shane Park Renovation Project due to poor drainage. Further problems were identified because of the additional rain, so additional drain lines need to be installed. Director Cutler reviewed a summary of the original allocation, the balance of funds, and the need for further additional funds to use the Dry Creek field pending project completion. Following discussion, CouncilmemberMunro moved to approve and authorize the City Manager to sign Contract Change Order No.4 for Project 05-14 in the amount of$40,937.40, including applicable sales taxes, to include an increase in allocation from the 2006 capital funds in the amount of $25,000 for the project. Councilmember Wharton seconded the motion, which carried unanimously. . CITY COUNCIL COMMITTEE REPORTS: Mayor Rogers asked that those Councilmembers serving as alternates to Councilmember Pittis on various committees please plan to attend those meetings pending further notice. RESOLUTIONS: 1. City Council Rules of Procedure: City Council Rules of Procedure Resolution No. 2-06 Attorney Bloor presented revised Council Rules of Procedure to clarify non-disclosure of Executive Session discussions and provide more flexibility and efficiency in setting the City Council meeting agenda. Mayor Rogers read the Resolution by title, entitled RESOLUTION NO. 2-06 A RESOLUTION of the City Council of the City of Port Angeles, Washington, revising the Council's Rules of Procedure by changing Section 3 relating to Executive Sessions, and Section 8, relating to the order of business on the agenda. Councilmember Munro moved to pass the Resolution as read by title. The motion was seconded by Councilmember Braun and carried unanimously. ORDINANCES NOT REQUIRING PUBLIC HEARINGS: 1. Street Vacation Petition - STV 05~05 - Gardner - Portion of Second Street East afVacated Alder Street: . Planning Manager Roberds indicated this would be the second reading of the 174 -4- . . . Street Vacation Petition - Gardner - Portion of Second East of Vacated Alder Street Ordinance No. 3235 CONSENT AGENDA: INFORMATION: EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: "r,r..-c; ;';:\I'i;',;,?H' ,$-':'::~'>~'"':''''''' P~t'~',~~~{:Y ;: /,:-.,/-", :",Ii;'. CITY COUNCIL MEETING February 7,2006 , ';~J;;,:/)~ l!:{ ';s'~ Ordinance, which is recommended for adoption. Mayor Rogers read the Ordinance by title, entitled . ORDINANCE NO. 3235 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of 2nd Street, in Port Angeles, Clallam County, Washington. Councilmember Braun moved to adopt the Ordinance as read by title, citing Condition 1, Findings 1 -11, and Conclusions A - D, as set forth in Exhibit "B", which is attached to and becomes a part of these minutes. The motion was seconded by Councilmember Munro. Following brief discussion on street vacation compensation, a vote was taken on the motion, which carried unanimously. Manager Madsen reviewed the City's opportunity to apply for grant funds fromthe Puget Sound Action Team for the review of the City's low impact development standards, a matter that was added as Consent Agenda Item No.5. Councilmember Braun moved to accept the Consent Agenda, to include: 1.) City Council minutes - regular meeting of January 17, 2006, and special meeting ofJ anuary 23, 2006; 2.) Expenditure List -January 27,2006 - $4,560,829.38; 3.) Final Acceptance - Fairmount Pump Station Improvements, Project 02-12; 4.) Appointment of Mark Madsen to Board of Directors of Hurricane Ridge Public Development Authority; and 5.) Grant Application to Puget Sound Action Team. Councilmember Munro seconded the motion, which carried unanimously. City Manager's Report: Manager Madsen reminded the Council of the upcoming Port Angeles Home Show on February 25 and 26; 2006; the City will have a booth at the event. Paul Lamoureux, 602 Whidby, provided further input with regard to Councilmember Pittis. Based on input from Attorney Bloor, Mayor Rogers announced the need for an Executive Session for approximately 20 minutes under the . authority of RCW 42.30.140(4) collective bargaining; and 42.30.110(1)(i)potentiallitigation. No action was anticipated. The Executive Session convened at 8:55 p.m The Executive Session concluded at 9: 16 p.m, and the Council convened in regular open session. No action was taken. The meeting was adjourned at 9:16 p.m Karen A. Rogers, Mayor Becky J. Upton, City Clerk 175 - 5- . . . 176 . . . CALL TO ORDER- SPECIAL MEETING: ROLL CALL: City of Port Angeles Strategic Plan ADJOURNMENT: CITY COUNCIL SPECIAL MEETING Port Angeles, Washington February 11, 2006 Mayor Rogers called the special meeting of the Port Angeles City Council to order at 9:00 a.m. in Room A-II at Peninsula College. Members Present: Mayor Rogers, Deputy Mayor Williams, Councilmembers Braun, Erickson, Munro, and Wharton. Members Absent: None - one seat vacant. Staff Present: Manager Madsen, Attorney Bloor, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, S. Roberds, N. West, andT. Pierce. Public Present: Jim Haguewood, One Group Consulting. City of Port Angeles Strategic Plan: ./ Discussions concentrated on the development of a strategic plan for the City of Port Angeles. No decisions were made except to move forward in two phases towards development of the plan. . Phase One will consist of the continued involvement of City Council and Staff with the addition of City Council committees. Phase Two will include City Council, Staff, City Council committees and the addition of members of the public. Development of a strategic plan will involve more City Council retreats, committee meetings and staff task assignments. No dates have been set at this time. The meeting was adjourned at 3:30 p.m. Karen A. Rogers, Mayor Becky J. Upton, City Clerk 177 - I - . . . 178 . Vendor BAGGIT INC BGI FORMS CORPORATION CLALLAM CNTY TREASURER CSN SUPPLY Date: 2/15/2006 City of Port Angeles City Coupcit Expenditure Report From: 1/28/2006 To: 2/10/2006 Humane Society MITY-L1TE INC QUALITY LAPEL PINS INC S & S WORLDWIDE INC WA STATE PATROL - WASIS WASHINGTON STATE TREASURER QUILL CORPORATION Legislative . AT&T BUSINESS SERVICE . CONTINUANT INC LINDBERG & SMITH ARCHITECTS INC PACIFIC OFFICE FURNITURE PERS City Manager Department PENINSULA COLLEGE City Manager Department CLlNICARE OF PORT ANGELES INC CONTINUANT INC FEDERAL EXPRESS CORP City Manager Department CONTINUANT INC WMCA -WA MNCPL CLERKS ASSN City Manager Department Description PLASTICS 800 Laser W-2 forms CVCA TO CLALLAM CO TREAS FURNITURE, OFFICE DEPOSIT REFUND Tables CLOTHING & APPAREL SUPPLIES Criminal history-Costa Criminal history-Gourley BUILDING SURCHARGES DIST CT REV TO ST TREAS 2" COUNCIL NOTEBOOKS Mayor & Council Legislative 01-13 a1c0172134468001 March Maintenance CM REMODEL PLANS Furniture-Madsen Excess Comp-Quinn City Manager Office RETREAT RENTAL Customer Commitment PREEMPLOY DRUG SCREEN March Maintenance January shipping chgs Human Resources March Maintenance 2006 ANNUAL CONFREG City Clerk City Manager Department March Maintenance 4 Drawer lateral file Side chair-mahogany PORT ANGELES CITY TREASURER Office supplies-YZ PUGET SOUND FINANCE OFFICERS ASS~ ZIOMKOWSKf MEMBERSHIP ZIOMKOWSKI MEMBERSHIP CONTINUANT INC PACIFIC OFFICE FURNITURE . Finance Department BGI FORMS CORPORATION Finance Administration 800 Laser W-2,1 099R,env 800 Laser W-2 forms 179 Account Number 001-0000-237.00-00 001-0000-237.00-00 001-0000-229.40-00 001-0000-237.00-00 001-0000-239.10-00 001-0000-237.00-00 001-0000-237.00-00 001-0000-237.00-00 001-0000-229.50-00 001-0000-229.50-00 001-0000-229.10-00 001-0000-229.30-00 Division Total: Department Total: 001-1160-:511.31-01 Division Total: Department Total: 001-1210-513.42-10 001-1210-513.42-10 001-1210-513.41-50 001-1210-513.31-01 001-1210-513.20-30 Division Total: 001-1211-513.43-10 Division Total: 001-1220-516.41-31 001-1220-516.42-10 001-1220-516.42-10 Division Total: 001-1230-514.42-10 001-1230-514.43-10 Division Total: Department Total: 001-2010-514.42-10 001-2010-514.31-01 001-2010-514.31-01 001-2010-514.31-01 001-2010-514.49-01 001-2010-514.49-01 Division Total: 001-2023-514.31-01 001-2023-514.31-01 Invoice Amount -34.61 -29.22 309.07 -198.10 150.00 -1,047.86 -16.19 -8.96 24.00 24.00 121.68 13,215.00 $12,508.81 $12,508.81 71.35 $71.35 $71.35 87.54 28.75 888.00 7,614.85 56,286.55 $64,905.69 90.00 $90.00 138.00 28.75 13.14 $179.89 14.37 400.00 $414.37 $65,589.95. 28.75 319.49 299.72 28.19 50.00 -50.00 $676.15 196.37 184.85 Page 1 Vendor CONTINUANT INC PACIFIC OFFICE FURNITURE Finance Department ACCURINT CONTINUANT INC DATABARINCORPORATED EQUIFAX EXPRESS PERSONNEL SERVICES PACIFIC OFFICE FURNITURE Finance Department CROWN MOVING CO INC GREAT AMERICA LEASING CORP MORNINGS IDE Finance Department CONTINUANT INC GREAT AMERICA LEASING CORP INLAND PACIFIC Attorney CITY OF FORKS Attorney CLALLAM CNTY DIST 1 COURT CLALLAM JEFFERSON PUBLIC DFNDR CONTINUANT INC GREAT AMERICA LEASING CORP INLAND PACIFIC WEST GROUP Attorney CONTINUANT INC City of Port Angeles City Council Expenditure Report From: 1/28/2006 Description March Maintenance 2 Chair mats Bookcase-Horton 4 Drawer lateral file Mahogany side chair-Becky Accounting SEARCHES AlC 1358105 March Maintenance CYCLES 11-15 1/19/06 CYCLES 16-20 1/26/06 CREDIT REPORTS JAN 06 ON CALL MTR RDR SERVICES ON- CALL SERVICES Furniture Furniture Lateral file Chair mat Furniture-Hainstock Customer Service Return Ricoh copier-Utah OFFICE MACHINES & ACCESS OFFICE MACHINES & ACCESS MISC PROFESSIONAL SERVICE Reprographics Finance Department March Maintenance OFFICE MACHINES & ACCESS Classic line dater Attorney Office FORKS JAIL BILUJAN-06 Jail Contributions JANUARY COURT FEES Public Defender fees-Feb March Maintenance OFFICE MACHINES & ACCESS Classic line dater CK Notary Seal WA PRAC V 11,11A CD-ROM WA PRAC V11,11A JURY INST Prosecution Attorney March Maintenance 180 To: 2/10/2006 Account Number 001-2023-514.42-10 001-2023-514.31-01 001-2023-514.31-01 001-2023-514.31-01 001-2023-514.31-01 Division Total: 001-2025-514.41-50 001-2025-514.42-10 001-2025-514.41-50 001-2025-514.41-50 001-2025-514.41-50 001-2025-514.41-50 001-2025-514.41-50 001-2025-514.31-01 001-2025-514.31-01 001-2025-514.31-01 001-2025-514:31-01 001-2025-514.31-80 Division Total: 001-2080-514.48-10 001-2080-514.45-30 001-'2080-514.45-30 001-2080-514.41-50 Division Total: Department Total: 001-3010-515.42-10 001-301 0-515.45-30 001-3010-515.31-01 Division Total: 001-3012-598.51-23 Division Total: 001-3021-515.50-90 001-3021-515.41-50 001-3021-515.42-10 001-3021-515.45-30 001-3021-515.31-01 001-3021-515.31-01 001-3021-515.31-01 001-3021-515.31-01 Division Total: Department Total: 001-4010-558.42-10 Page 2 Date: 2/15/2006 Invoice Amount 35.93 48.74 210.38 319.49 299.72 $1,295.48 27.75 86.24 1,573.81 1,299.31 32.49 412.87 719.29 -2,515.54 1,553.02 398.01 24.37 2,515.54 $6,127.16 832.49 268.30 86,51 855.00 $2,042.30 $10,141.09 35.93 138.93 41.17 $216.03 2,475.00 $2,475.00 4,682.84 2,750.00 14.37 138.93 41.16 34.63 16.25 112.64 $7,790.82 $10,481.85 28.75 . . . e Date: 2/15/2006 City9f:;Port Angeles City Coundl Expenditure Report From: 1/28/2006 To: 2/10/2006 Vendor PACIFIC OFFICE FURNITURE Community Developmt Dept CINGULAR WIRELESS-CORPORATE COSTCO CREDIT CARD PMTS GREAT AMERICA LEASING CORP PORT ANGELES CITY TREASURER ZENOVIC & ASSOCIATES Community Developmt Dept CAPACITY PROVISIONING INC CINGULAR WIRELESS A TL YS CONTINUANT INC FBINAA WASHINGTON CHAPTER INC GREAT AMERICA LEASING CORP NEXTEL COMMUNICATIONS PORT ANGELES POLICE DEPARTMENT Police Department CONTINUANT INC eNEXTEL COMMUNICATIONS PORT ANGELES POLICE DEPARTMENT WESTERN STATES HOSTAGE Police Department ANGELES COMMUNICATIONS INC BLUMENTHAL UNIFORMS & EQUIP BRA TWEAR KRAFTWERK K-9 KAMP NEXTEL COMMUNICATIONS OLYMPIC VETERINARY CLINIC PORT ANGELES POLICE DEPARTMENT QUILL CORPORATION e RESULTS GROUP L TO, THE SPOKANE POLICE DEPT-TAC TEAM WA STATE CRIMINAL JUSTICE WESTERN STATES HOSTAGE Description Furniture Planning 01-14 ale 49079080 Flat screen monitor OFFICE MACHINES & ACCESS Business lunch-Leirly OMH PLAN CHECK Building Community Deve/opmt Dept Jan INET-City Hall 01-24 a/c 0058836470 March Maintenance . RIEPE 06 FBINAA MBRSHP OFFICE MACHINES & ACCESS 01-26 a/c 312753523022 Supplies Administration March Maintenance 01-26 a/c 312753523022 Supplies J LOWELL MEMBERSHIP 06 Investigation REPAIR SGTS OFC PHONELlNE CLOTHING & APPAREL CLOTHING & APPAREL CLOTHING & APPAREL POLICE EQUIPMENT & SUPPLY MILLER UNIFORM JUMPSUIT SALES TAX ON CANINE 01-26 a/c 312753523022 Kilo innoculations Arco innoculations Supplies Postage PATROL COMP TONERS,PENS EVID RM PHOTO EQUIP CREDIT 15% OFF SALE Daily Planner PENINGER SGTS ACADMY LESS LETHAL INSTR TRAING NO SHOW FEE JOBFAIR BM DO 2006 MEMBERSHIP DUES 181 Account Number 001-4010-558.31.,.01 Division Total: 001-4020-524.42-10 001-4020-524.31-60 001-4020-524.45-30 001-4020-524.43-10 001-4020-524.41-50 Division Total: Department Total: 001-5010-521.42-12 001-5010-521.42-10 001-5010-521.42-10 001-5010-521.49-01 001-501 0-521 .45-30 601-5010-521.42-10 001-5010-521.31-01 Division Total: 001-5021-521.42-10 001-5021-521.42-10 001-5021-521.31-01 001-5021-521.49-01 Division Total: 001-5022-521.48-10 001-5022-521.20-80 001-5022-521.20-80 001-5022-521.20-80 001-5022-521.31-01 001-5022-521.20-80 001-5022 -521 .49-80 001-5022-521.42-10 001-5022 -521.49-80 001-5022-521.49-80 001-5022-521.31-01 001-5022-521.42-10 001-5022-521.31-01 001-5022-521.31-01 001-5022-521.31-01 001-5022-521.31-01 001-5022-521 .43-10 001-5022-521.43-10 001-5022-521.43-10 001-5022-521.49-01 Invoice Amount 1,429.55 $1,458.30 7.10 324.89 86.51 24.32 396.90 $839.72 $2,298.02 172.00 32.42 50.31 65.00 141.20 235.19 51.92 $748.04 7.19 151.95 4.32 25.00 $188.46 341.32 337.12 41.13 35.69 48.91 441.18 320.00 563.00 116.11 43.00 117.04 43.59 769.33 101.78 -54.15 28.13 450.00 225.00 25.00 25.00 Page 3 ";"i-,!- . Vendor CINGULAR WIRELESS-CORPORATE FARMER BROTHERS CO PORT ANGELES. FIRE DEPARTMENT Fire Department OLYMPIC RESTAURANT EQUIPMENT PORT ANGELES FIRE DEPARTMENT Date: 2/15/2006 City of,Port Angeles City CoundfExpenditure Report From: 1/28/2006 To: 2/10/2006 THURMAN SUPPLY Fire Department AGREEMENT DYNAMICS INC CINGULAR WIRELESS A TL YS CINGULAR WIRELESS-CORPORATE CONTINUANT INC COSTCO CREDIT CARD PMTS DAILY JOURNAL OF COMMERCE .FEDERAL EXPRESS CORP GREAT AMERICA LEASING CORP PACIFIC OFFICE FURNITURE RED LION HOTEL-PORT ANGELES TRAFFICWARE TRAINING SVCS LLP WA RECREATION & PARK ASSN/WRPA Public Works-Gen Fnd ASM SIGNS CAPACITY PROVISIONING INC CINGULAR WIRELESS A TL YS CONTINUANT INC COSTCO CREDIT CARD PMTS CSN SUPPLY Mari A. Bilsborrow MITY-L1TE INC PORT ANGELES CITY TREASURER WA RECREATION & PARK ASSN/WRPA Parks & Recreation CONTINUANT INC . Parks & Recreation CAPACITY PROVISIONING INC CONTINUANT INC GREAT AMERICA LEASING CORP Description Account Number Invoice Amount 02-02 alc 047-47190061 0.0.1-60.40.-522.42-10. 8.67 COFFEE 0.0. 1-60.40.-522.31-0. 1 45.63 REFRESHMENTS 0.0. 1-60.40.-522.31-0. 1 20..93 Fire Training Division Total: $75.23 STAINLESS CLEANER 0.0.1-60.50.-522.31-20. .23.54 JANITORIAL 0.0. 1-60.50.-522.31-0. 1 6.98 DECORATIONS 0.0.1-60.50.-522.31-20. 21.65 LIGHTS 0.0.1-60.50.-522.31-20. 2.70. FIRE EXTINGUISHERS 0.0.1-60.50.-522.31-20. 61.70. TAPE, WIRE 0.0.1-60.50.-522.31-20. 5.31 Facilities Maintenance Division Total: $121.88 Fire Department Department Total: $3,459.11 Consulting svcs-Blake 0.0.1-70.10.-532.41-50 1,126.49 01-24 alc 0057007521 0.0.1-70.10.-532.42-10. 23.22 01-27 alc 489666287 00.1-70.10.-532.42-10. 18.35 March Maintenance 0.0.1-70.10.-532.42-10. 20.1.22 Power Point Projector 0.0.1-70.10-532.31-60. 974.69 CONSULTANT'S ROSTER 0.0.1-70.10-532.44-10 20.6.70. January shipping chgs 0.0.1-70.10.-532.42-10 11.0.3 OFFICE MACHINES & ACCESS 0.0. 1-70. 1 0.-532.45-30 64.95 4 Conference tables 0.0.1-70.10.-532.35-0.1 1,446.62 Lodging-Blake 0.0.1-70.10.-532.41-50 78.31 TRAINING 0.0.1-70.10.-532.43-10 895.0.0. CONFERENCE-CUTLER 0.0.1-70.10.-532.43-10 20.0..0.0. Administration Division Total: $5,246.58 Public Works-Gen Fnd Department Total: $5,246.58 JANUARY BANNER PMT 0.0.1-80.10.-574.41-50 40.8.16 Jan INET-Fine Arts Ctr 001-8010-574.42-12 172.0.0. 01-24 alc 0048944061 0.0.1-80.10.-574.42-10 11.14 March Maintenance 0.0.1-80.10.-574.42-10 21.56 TV-VMBCC Mtg room 0.0.1-80.10.-574.31-60 324.89 FURNITURE, OFFICE 00.1-80.10.-574.31-80 2,584.75 MTG RM TVS VCR/DVD 00.1-80.10.-574.31-80 765.65 Tables 0.0.1-80.10.-574.31-80 13,672.66 Business lunch-Puntenney 0.0.1-80.10.-574.43-10 7.55 CONFERENCE-STERLING 00.1-80.10-574.43-10 20.0..00. Administration Division Total: $18,168.36 March Maintenance 00.1-80.11-574.42-10 14.37 Recreation Division Total: $14.37 Jan INET-Senior Ctr 0.0. 1-80. 12 -555.42 -12 172.0.0. March Maintenance 00.1-80.12-555.42-10 21.56 OFFICE MACHINES & ACCESS 0.0.1-80.12-555.45-30 171.40. 183 Page 5 , ~i;t,!i, l::"yf,.;~:t.~+.j.W . Vendor TOPPER INDUSTRIES INC... Parks & Recreation AIR CONTROL INC CED/CONSOLlDATED ELEC DIST INC THURMAN SUPPLY Parks & Rec-Maintenance BREWER, DAVID PORT ANGELES CHAMBER OF COMM Convention Center KEE INDUSTRIAL PRODUCTS INC . LAB SAFETY SUPPLY INC ANGELES MILLWORK & LUMBER CO CAPACITY PROVISIONING INC CED/CONSOLlDATED ELEC DIST INC CONTINUANT INC COPY CAT GRAPHICS HARTNAGEL BUILDING SUPPLY INC KEE INDUSTRIAL PRODUCTS INC LAB SAFETY SUPPLY INC LAKESIDE INDUSTRIES INC NEXTEL COMMUNICATIONS ORKIN EXTERMINATING COMPANY INC PUD #1 OF CLALLAM COUNTY . PUGET SAFETY EQUIPMENT INC RICHMOND 2-WAY RADIO Date: 2/15/2006 Ci~ of,Port Angeles City Coun~iiExpenditure Report From: 1/28/2006 To: 2/10/2006 Description Account Number Invoice Amount EXTERNAL LABOR 001-8080-576.31-20 512.10 Park Facilities Division Total: $21,150.21 Parks & Recreation Department Total: $41,312.79 AIR CONDITIONING & HEATNG 001-8130-518.31-20 538.09 Light bulbs 001-8130-518.31-20 324.12 Light bulbs 001-8130-518.31-20 116.40 Light bulbs 001-8130-518.31-20 418.71 ELECTRICAL EQUIP & SUPPLY 001-8130-518.31-20 14.12 Custodial/Janitorial Svcs Division Total: $1,411.44 Parks & Rec-Maintenance Department Total: $1,411.44 General Fund Fund Total: $160,310.00 Contract svcs-February 101-1430-557.49-90 100.00 2006 MKTG CONTRACT 1 01-1430-557.50-83 7,463.82 Convention Center Division Total: $7,563.82 Convention Center Department Total: $7,563.82 Convention Center Fund Fund Total: $7,563.82 PIPE FITTINGS 102-0000-237.00-00 -28.58 FIRST AID & SAFETY EQUIP. 102-0000-237.00-00 -23.62 Division Total: -$52.20 Department Total: -$52.20 Paint 102-7230-542.31-20 10.71 Lumber 102-7230-542.31-20 3.77 Lumber 102-7230-542.31-20 36.48 Lumber 102-7230-542.31-20 15.99 Lumber 102-7230-542.31-20 3.16 Jan INET-Corp Yard 102-7230-542.42-12 172.00 ELECTRICAL EQUIP & SUPPLY 102-7230-542.31-20 51.73 March Maintenance 102-7230-542.42-10 21.56 DECALS AND STAMPS 102-7230-542.31-20 50.36 PAPER & PLASTIC-DISPOSABL 102-7230-542.31-20 20.91 PIPE FITTINGS 102-7230-542.31-20 174.90 PIPE FITTINGS 102-7230-542.31-20 197.93 FIRST AID & SAFETY EQUIP. 102-7230-542.48-10 308.21 Superpave 102-7230-542.31-20 97.11 01-26 alc 975491337005 102-7230-542.42-10 39.07 POISONS:AGRICUL & INDUSTR 102-7230-542.48-10 261.74 01-11 Golf Course Rd 102-7230-542.47-10 17.99 01-17 SR101 & Euclid 102-7230-542.47-10 19.64 01-24 Lauridsen Blvd & L .102-7230-542.47-10 17.99 FIRST AID & SAFETY EQUIP. 102-7230-542.31-20 159;76 COMMUNICATIONS/MEDIA SERV 102-7230-542.31-20 1,412.23 Radio repair 185 102-7230-542.42-10 172.25 Page 7 Date: 2/15/2006 City f~(Port Angeles City Council Expenditure Report . From: 1/28/2006 To: 2/10/2006 Vendor Description Account Number Invoice Amount Elec/Util Rural Econ Dev Fund Total: $4,907.0e OLYMPIC COMMUNITY ACTION PRGMS CDBG Repayment funds 172-2310-559.41-50 3,866.32 PA Housing Rehabilitation PA Housing Rehabilitation Division Total: $3,866.32 PA Housing Rehabilitation Department Total: $3,866.32 PA Housing Rehab Proj Fund Total: $3,866.32 CHARLES, FRANCIS REFEREE PAYMENT 174-8221-574.41-50 60.00 GIDDENS, BRUCE W REFEREE PAYMENT 174-8221-574.41-50 30.00 HOLLOWAY, MICHAEL REFEREE PAYMENT 174-8221-574.41-50 380.00 KETCHUM III, JOHN W REFEREE PAYMENT 174-8221-574.41-50 160.00 ODEN, SEAN M REFEREE PAYMENT 174-8221-574.41-50 180.00 RAMSEY, SCOTT REFEREE PAYMENT 174-8221-574.41-50 40.00 ROONEY, RANDY L REFEREE PAYMENT 174-8221-574.41-50 300.00 SWANSON, DAN REFEREE PAYMENT 174-8221-574.41-50 15.00 Recreation Activities Sports Programs Division Total: $1,165.00 CAPTAIN rs BASKETBALL AWARDS 174-8222-574.31-01 140.83 PARTY OUTFITTERS INC DEPOSIT FAMILY FUN DAY 174-8222-574.41-50 2,846.25 QUALITY LAPEL PINS INC CLOTHING & APPAREL 174-8222-574.31-01 211.19 Recreation Activities Special Events Division Total: $3,198.27 . S & S WORLDWIDE INC SUPPLIES 174-8224-574.31-01 116.83 SAFEWAY INC SUPPLIES 174-8224-574.31-01 6.37 SUPPLIES 174-8224-574.31-01 10.77 SUPPLIES 174-8224-574.31-01 9.39 SUPPLIES 174-8224-574.31-01 8.57 Recreation Activities Youth/Family Programs Division Total: $151.93 Recreation Activities Department Total: $4,515.20 Park & Recreation Fund Fund Total: $4,515.20 WASHINGTON STATE TREASURER 10% Drug Forfeitures-2005 182-0000-229.70-00 1,364.42 Division Total: $1,364.42 Department Total: $1,364.42 Drug Task Force Fund Total: $1,364.42 BANK OF NEW YORK-DEBT SVC WIRE PORANGL TG005-EFT 214-2434-592.81-10 60,821.77 PORANGL TG005 214-2434-592.81-10 -60,822.77 PORANGL TG005 214-2434-592.81-10 60,827.77 Debt Service 2005 L TGO Bond-WUGA Division Total: $60,827.77 Debt Service Department Total: $60,827.77 2005 L TGO Bond-WUGA Fund Total: $60,827.77 REID MIDDLETON INC Prof svs 4th Qtr 2005 310-7919-594.41-50 646.50 Capital Projects-Pub Wks GF-Pub Wks Projects Division Total: $646.50 . ASM SIGNS CAMPBELL AVE SIGN 310-7930-595.65-10 39.71 Capital Projects-Pub Wks GF-Street Projects Division Total: $39.71 Capital Projects-Pub Wks Department Total: $686.21 IDDINGS INC CONSTRUCTION SEf~crS,GEN 310-8985-594.65-10 24,680.49 Page 9 TRUMP, MIKE VALLEY PROPERTIES & CONST INC WILDWOOD TERRACE NORTH COAST ELECTRIC COMPANY NORTHWEST LINE JATC PACIFIC METERING INC PLATT ELECTRIC SUPPLY INC UTILITY VAULT COMPANY INC WESCO DISTRIBUTION INC . WESTERN STATES ELECTRIC INC CAPACITY PROVISIONING INC DELL MARKETING LP Public Works-Electric CAPACITY PROVISIONING INC COSTCO CREDIT CARD PMTS NORTHWEST PUBLIC POWER ASSN Public Works-Electric BUSINESS ANSWERPHONE SERVICE CAPACITY PROVISIONING INC . CEOICONSOLlOATEO ELEC OIST INC Date: 2/15/2006 City ~fPort Angeles City Comicil Expenditure Report From: 1/28/2006 Description OVERPMT-1231 CAMPBELL #2 UB CR REFUND-FINALS UB CR REFUND-FINALS OVERPAYMENT-113 E 13TH ST UB CR REFUND-FINALS OVERPAYMENT-130B FRONT 32 OVERPAYMENT-130B FRONT 33 OVERPMT-1215 HWY 101 #40 OVERPAYMENT-1717 DELORES OVERPMT-934 LAURIDSEN 116 ELECTRICAL EQUIP & SUPPLY CLOTHING & APPAREL ELECTRICAL EQUIP & SUPPLY ELECTRICAL CABLES & WIRES ELECTRICAL EQUIP & SUPPLY ELECTRICAL CABLES & WIRES ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY LUMBER& RELATED PRODUCTS ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY FASTENERS, FASTENING DEVS ELECTRICAL CABLES & WIRES To: 2/10/2006 Account Number 401-0000-122. 1 0-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.1 0-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.1 0-99 401-0000-141 .40-00 401-0000-237.00-00 401-0000-237.00-00 401-0000-141.40-00 401-0000-141.40-00 401-0000-141 .40-00 401-0000-141.40-00 401-0000-141.40-00 401-0000-141.40-00 401-0000-141 .40-00 401-0000-141.40-00 401-0000-141.40-00 401-0000-141 .40-00 401-0000-141.40-00 401-0000-141.40-00 401-0000-141.40-00 Invoice Amount 36.63 72.91 109.09 134.49 39.74 47.44 48.56 22.48 14.67 16.96 103.60 -1.08 -48.46 401.43 5,376.90 20,751.70 376.45 347.62 429.22 581.81 2,691.26 649.80 422.37 617.31 154.75 3,568.12 $44,337.11 $44,337.11 248.45 0.02 10,621.67 $10,870.14 248.45 324.89 13,862.50 $14,435.84 160.00 1,987.65 89.76 158.29 81.61 178.42 Division Total: Department Total: Jan INET-LT Eng CH 401-7111-533.42-12 COMPUTERS,DP & WORD PROC. 401-7111-594.64-10 COMPUTER HARDWARE&PERIPH401-7111-594.64-10 Engineering-Electric Jan INET-L T Resource Flat screen monitor 2006 MEMBERSHIP DUES Division Total: 401-7120-533.42-12 401-7120-533.31-60 401-7120-533.49-01 Power Resource Mgmt Division Total: February Service 401-7180-533.42-10 Jan INET-Light Division 401-7180-533.42-12 HAND TOOLS ,POW&NON POWEf'401-7180-533.35-01 HAND TOOLS .POW&NON POWEf'401-7180-533.35-01 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 189 Page 11 -- Date: 2/15/2006 City of Port Angeles City Council Expenditure Report From: 1/28/2006 To: 2/10/2006 Vendor CEO/CONSOLIDATED ELEC DIST INC... CONTINUANT INC EMEDCO INC GREAT AMERICA LEASING CORP HANSEN SUPPLY COMPANY INC JACO ANALYTICAL LABORATORY INC L & L TOOL SPECIALTIES LAKESIDE INDUSTRIES INC MORNINGS IDE NORTH COAST ELECTRIC COMPANY NORTHWEST LINE JATC Invoice Amount 181.89 100.61 259.33 114.96 42.43 186.49 303.91 513.08 45.00 108.00 49.76 42.17 75.79 6.48 243.68 203.07 96.00 102.58 32.71 224.76 63.09 132.44 345.60 495.43 193.42 395.30 416.85 399.11 28.39 33.82 70.11 39.31 12.67 56.50 2.48 105.96 119.11 84.82 113.51 944.82 14.08 1,233.42 Description Account Number ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 March Maintenance 401-7180-533.42-10 MARKERS, PLAQUES,SIGNS 401-7180-533.48-10 RADIO & TELECOMMUNICATION 401-7180-533.48-10 RENTAL OR LEASE SERVICES 401-7180-533.45-30 OFFICE MACHINES & ACCESS 401-7180-533.45-30 FIRST AID & SAFETY EQUIP. 401-7180-533.31-20 OFFICE MACHINES & ACCESS 401-7180-533.48-10 ENVIRONMENTAL&ECOLOGICAL 401-7180-533.48-10 ENVIRONMENTAL&ECOLOGICAL 401-7180-533.48-10 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 HAND TOOLS ,POW&NON POWEr401-7180-533.35-01 HAND TOOLS ,POW&NON POWEr401-7180-533.35-01 HAND TOOLS ,POW&NON POWEr401-7180-533.35-01 ROAD/HWY MAT NONASPHALTIC 401-7180-533.48-10 ROAD/HWY MAT NONASPHALTIC 401-7180~533.48-10 BUILDING MAINT&REPAIR SER 401-7180-533.48-10 HAND TOOLS ,POW&NON POWEr401-7180-533.35-01 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 SHIPPING AND HANDLING 401-7180-533.42-10 TAPE(NOT DP,SOUND,VIDEO) 401-7180-533.48-10 ELECTRICAL CABLES & WIRES 401-7180-533.48-10 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 FASTENERS, FASTENING DEVS 401-7180-533.48-10 FASTENERS, FASTENING DEVS 401-7180-533.48-10 FASTENERS, FASTENING DEVS 401-7180-533.48-10 FASTENERS, FASTENING DEVS 401-7180-533.48-10 ELECTRICAL CABLES & WIRES 401-7180-533.48-10 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 ELECTRICAL CABLES & WIRES 401-7180-533.48-10 HARDWARE,AND ALLIED ITEMS 401-7180-533.48-10 ELECTRICAL CABLES & WIRES 401-7180-533.48-10 CLOTHING & APPAREL 401-7180-533.31-20 EDUCATIONAL SERVICES 401-7180-533.43-10 190 . . Page 12 ',> ",,' ~ :5 ,;?J':f,';'lW~f1'~(:~ j::t . Vendor NORTHWEST PUBLIC POWER ASSN OLYMPIC LAUNDRY & DRY CLEANERS City of Port Angeles City Council'Expenditure Report From: 1/28/2006 To: 2/10/2006 -Date: 2/15/2006 PACIFIC METERING INC PENINSULA DAILY NEWS PERS PUGET SAFETY EQUIPMENT INC ROHLlNGER ENTERPRISES INC SNAP-ON TOOLS - CHUGGER DEANE VERIZON WIRELESS WAGNER-SMITH EQUIPMENT CO . WASHINGTON (DRS). STATE OF WESTERN STATES ELECTRIC INC Public Works-Electric CAPACITY PROVISIONING INC CONTINUANT INC COPY CAT GRAPHICS COSTCO CREDIT CARD PMTS EDGE ANALYTICAL FASTENAL INDUSTRIAL .. FOWLER COMPANY, H D GRCCIWW MORNINGSIDE OLYMPIC LAUNDRY & DRY CLEANERS Description Account Number CONSULTING SERVICES 401-7180-533.41-50 JANITORIAL SUPPLIES 401-7180-533.31-20 JANITORIAL SUPPLIES 401-7180-533.31-20 JANITORIAL SUPPLIES 401-7180-533.31-20 JANITORIAL SUPPLIES 401-7180-533.31-20 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 Ord#3218 401-7180-533.44-10 Excess Comp-Raemer 401-7180-533.20-30 FIRST AID & SAFETY EQUIP. 401-7180-533.31-20 CLOTHING & APPAREL 401-7180-533.31-20 CLOTHING & APPAREL 401-7180-533.31-20 CLOTHING & APPAREL 401-7180-533.31-20 HAND TOOLS ,POW&NON POWEJ;401-7180-533.35-01 01-12 ale 77025112400001 401-7180-533.42-10 01-19 ale 27025123900001 401-7180-533.42-10 01~19 ale 37025112500001 401-7180-533.42-10 HARDWARE,AND ALLIED ITEMS 401-7180-533.31-20 BAGS,BAGGING,TIES,EROSION 401-7180-533.35-01 HARDWARE,AND ALLIED ITEMS 401-7180-533.35-01 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 HARDWARE,AND ALLIED ITEMS 401-7180-533.48-10 Statewide pensioners-Dee 401-7180-533.20-30 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 HARDWARE,AND ALLIED ITEMS 401-7180-533.48-10 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 Electric Operations Division Total: Public Works-Electric . Department Total: Electric Utility Fund Fund Total: Jan INET-Water Div 402-7380-534.42-12 March Maintenance 402-7380-534.42-10 DECALS AND STAMPS 402-7380-534.31-20 Chair mats, label maker 402-7380-534.31-01 TESTING&CALlBRA TION SERVI .402-7380-534.48-10 HAND TOOLS ,POW&NON POWEJ;402-7380-534.35-01 PLUMBING EQUIP FIXT,SUPP 402-7380-534.34-02 4 CONF REGISTRATIONS 402-7380-534.43-10 BUILDING MAINT&REPAIR SER 402-7380-534.48-10 6 Bags of rags 402-7380-534.34-02 191 Invoice Amount 1,641.16 33.58 33.66 33.66 33.66 632.30 -12.35 43,837.89 380.07 184.98 263.24 74.77 155.63 158.21 59.75 59.95 150.28 85.35 344.67 28.35 98.85 400.16 108.08 200.16 301.84 265.34 77.38 243.68 432.93 $61,195.90 $86,501.88 $130,838.99 356;82 7.19 117.51 67.11 264.00 73.21 490.01 600.00 26.00 34.66 Page 13 City of Port Angeles Date: 2/15/2006 City Council Expenditure Report From: 1/28/2006 To: 2/10/2006 . Vendor Description Account Number Invoice Amount OLYMPIC LAUNDRY & DRY CLEANERS... LAUNDRY/DRY CLEANING SERV 402-7380-534.34-02 34.66 ORKIN EXTERMINATING COMPANY INC POISONS:AGRICUL & INDUSTR 402-7380-534.48-10 130.88 PACIFIC OFFICE FURNITURE FURNITURE, OFFICE 402-7380-534.31-01 160.29 PENINSULA TRUCK LINES EXTERNAL LABOR 402-7380-534.42-10 137.50 PUD #1 OF CLALLAM COUNTY 01-12203 Reservoir Rd 402-7380-534.4 7 -10 125.68 QWEST 01-23 a/c 206T411255315B 402-7380-534.42-10 64.21 RICHMOND 2-WA Y RADIO COMMUNICATIONS/MEDIA SERV 402-7380-534.43-10 2,824.47 THURMAN SUPPLY PIPE FITTINGS 402-7380-534.34-02 21.95 PIPE FITTINGS 402-7380-534.34-02 -21.95 PUMPS & ACCESSORIES 402-7380-534.35-01 38.99 TWISS ANALYTICAL LABORATORIES TESTING&CALlBRATION SERVI 402-7380-534.48-10 145.00 TESTING&CALlBRATION SERVI 402-7380-534.48-10 125.00 TESTING&CALlBRATION SERVI 402-7380-534.48-10 145.00 TESTING&CALlBRATION SERVI 402-7380-534.48-10 145.00 UNITED RENTALS NORTHWEST INC RENTAULEASE EQUIPMENT 402-7380-534.34-02 178.22 Public Works-Water Water Division Total: $6,291.41 Public Works-Water Department Total: $6,291.41 Water Fund Fund Total: $6,291.41 POL YDYNE INC WATER&SEWER TREATING CHEfl.403-0000-237.00-00 -297.64 . Division Total: -$297.64 Department Total: -$297.64 CAPACITY PROVISIONING INC Jan INET-Wastewater 403-7480-535.42-12 654.17 CLALLAM CNTY DEPT OF COMM DEV Streamkeeepers-2005 403-7480-535.41-50 600.00 CONTINUANT INC March Maintenance 403-7480-535.42-10 14.37 FEDERAL EXPRESS CORP January shipping chgs 403-7480-535.42-10 148.50 FEI EVERETT 3023 PIPE FITTINGS 403-7480-535.31-20 1,087.06 OLYMPIC SPRINGS INC FOODS: PERISHABLE 403-7480-535.31-20 12.50 FOODS: PERISHABLE 403-7480-535.31-20 18.75 RENTAL OR LEASE SERVICES 403-7480-535.31-20 21.56 ORKIN EXTERMINATING COMPANY INC POISONS:AGRICUL & INDUSTR 403-7480-535.48-10 130.87 POL YDYNE INC WATER&SEWER TREATING CHEfl.403-7480-535.31-20 3,883.64 PORT ANGELES CITY TREASURER Film,Developing- Young 403-7480-535.31-01 15.55 PUGET SAFETY EQUIPMENT INC SUPPLIES 403-7480-535.31-20 51.69 SUPPLIES 403-7480-535.31-20 51.69 THURMAN SUPPLY PIPE FITTINGS 403-7480-535.31-20 7.65 SUPPLIES 403-7480-535.31-20 8.14 PIPE FITTINGS 403-7480-535.31-20 19.82 PIPE FITTINGS 403-7480-535.31-20 192.42 PIPE AND TUBING 403-7480-535.31-20 44.85 . PIPE FITTINGS 403-7480-535.31-20 16.13 UNIVAR USA INC CHEMICAL, COMMERCIAL,BULK 403-7480-535.31-20 1,645.24 VERIZON WIRELESS 01-15 a/c 36469358100001 403-7480-535.42-10 12.33 192 Page 14 . City of/Port Angeles CityCouncifExpenditure Report From: 1/28/2006 To: 2/10/2006 Date: 2/15/2006 Vendor VERIZON WIRELESS... WATER ENVIRONMENT SCHOOL Public Works-WW/Stormwtr USA BLUEBOOK CAPACITY PROVISIONING INC CONTINUANT INC MORNINGSIDE ORKIN EXTERMINATING COMPANY INC PENINSULA DAILY NEWS RICHMOND 2-WAY RADIO SANDERSON SAFETY SUPPLY CO USA BLUEBOOK . Public Works-Solid Waste CAPACITY PROVISIONING INC DEX MEDIA WEST MORNINGSIDE NORTHWEST BUSINESS FINANCE LLC OVERALL LAUNDRY SERVICES INC PARAMETRIX INC RADIO PACIFIC INC SANDERSON SAFETY SUPPLY CO TAYLOR-SPARKS REFRIGERATION INC WORC-WA ORGANIC RECYCLING CNCL Public Works-Solid Waste FIRST LINE LLC . MOORE MEDICAL CORPORATION CHASTAIN, DAVID Description Account Number 01-15 a/c 76423363300001 403-7480-535.42-10 WATER ENVIRONMENT SCHOOL 403-7480-535.43-10 Wastewater Public Works-WW/Stormwtr Wastewater Fund FIRE PROTECTION EQUIP/SUP Division Total: Department Total: Fund Total: 404-0000-237.00-00 Division Total: Department Total: JanINET-SW Corp Yard 404-7580-537.42-12 March Maintenance 404-7580-537.42-10 BUILDING MAINT&REPAIR SER 404-7580-537.48-10 POISONS:AGRICUL & INDUSTR 404-7580-537.48-10 Ord#3217 404-7580-537.44-10 COMMUNICATIONS/MEDIA SERV 404-7580-537.31-20 Safety gloves 404-7580-537.31-20 FIRE PROTECTION EQUIP/SUP 404-7580-537.35-01 HAND TOOLS ,POW&NON POWEf'404-7580-537.35-01 Solid Waste-Collections Division Total: Public Works-Solid Waste Department Total: Solid Waste-Collections Fund Total: Jan INET-SW Landfill 405-7585-537.42-12 COMMUNICATIONS/MEDIA SERV 405-7585-537.44-10 BUILDING MAINT&REPAIR SER 405-7585-537.48-:-10 ENVIRONMENT AL&ECOLOGICAL 405-7585-537.48-10 Laundry svcs-Dec 2005 405-7585-537.31-20 RENTAULEASE EQUIPMENT 405-7585-537.48-10 Prof svcs pe 12-31-05 405-7585-537.41-50 COMMUNICATIONS/MEDIA SERV 405-7585-537.44-10 CLOTHING ACCESSORIES(SEE 405-7585-537.31-20 SHOES AND BOOTS 405-7585-537.31-20 SHOES AND BOOTS 405-7585-537.31-20 ENVIRONMENT AL&ECOLOGICAL 405-7585-537.48-10 EDUCATIONAL SERVICES 405-7585-537.49-01 Solid Waste-Landfill Division Total: Public Works-Solid Waste Department Total: Solid Waste-Landfill Fund Total: HOSP SURG ACCES & SUNDRIS 409-0000-237.00-00 Medical supplies 409-0000-237.00-00 Division Total: Department Total: FIRST AID CLASS 1/28/06 409-6025-526.31-08 193 Page 15 Invoice Amount 91.06 150.00 $8,877 .99 $8,877 .99 $8,580.35 -9.72 -$9.72 -$9.72 187.00 35.93 19.00 261.75 -12.35 1,412.23 74.44 103.52 23.23 $2,104.75 $2,104.75 $2,095.03 187.00 126.45 47.00 1,126.30 125.78 113.88 7,868.87 477.00 104.19 177.74 91.64 1,236.79 125.00 $11,807.64 $11,807.64 $11,807.64 -29.84 -3.25 -$33.09 -$33.09 200.00 Date: 2/15/2006 City of Port Angeles City Council Expenditure Report '1' .~ From: 1/28/2006 To: 2/10/2006 . '..,.........." Description Account Number Invoice Amount Vendor Public Works-WW/Stormwtr Wastewater Projects Division Total: $29,119.93 Public Works-WW/Stormwtr Department Total: $29,119.93 WasteWater Utility CIP Fund Total: $29,119.93 BUILDERS EXCHANGE OF WA INC Publish Projects Online 454-7588-594.44-10 29.40 PARAMETRIX INC Prof SVC5 pe 12-31-05 454-7588-594.41-50 5,585.77 Prof svcs pe 12-31-05 454-7588-594.41-50 11,578.46 PENINSULA DAILY NEWS Landfill stormwater 454-7588-594.65-10 357.20 Public Works-Solid Waste Solid Waste Call Projects Division Total: $17,550.83 Public Works-Solid Waste Department Total: $17,550.83 Solid Waste Utility CIP Fund Total: $17,550.83 ARIHETRA AUTO & TRUCK MAl NT. ITEMS 501-0000-237.00-00 -50.47 CSK AUTO INC (SCHUCK'S) AUTO & TRUCK MAl NT. ITEMS 501-0000-141.40-00 260.56 AUTO & TRUCK MAl NT. ITEMS 501-0000-141.40-00 55.54 AUTO & TRUCK MAl NT. ITEMS 501-0000-141.40-00 66.26 AUTO & TRUCK MAl NT. ITEMS 501-0000-141.40-00 37.95 AUTO & TRUCK MAINT. ITEMS 501-0000-141 .40-00 75.34 AUTO & TRUCK MAl NT. ITEMS 501-0000-141.40-00 6.52 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 3.40 . AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 62.38 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 -62.38 AUTO & TRUCK MAl NT. ITEMS 501-0000-141.40-00 56.87 AUTO & TRUCK MAl NT. ITEMS 501-0000-141.40-00 -56.87 AUTO & TRUCK MAl NT. ITEMS 501-0000-141 .40-00 84.96 AUTO & TRUCK MAl NT. ITEMS 501-0000-141.40-00 -84.96 IBS INCORPORATED AUTO & TRUCK MAINT. ITEMS 501-0000-141 .40-00 168.33 AUTO & TRUCK MAINT. ITEMS 501-0000-141 .40-00 17.46 PETTIT OIL COMPANY Diesel 501-0000-141.20-00 477.88 Diesel 501-0000-141.20-00 2,681.29 Gasoline 501-0000-141.20-00 9;539.80 TEREX UTILITIES WEST AUTO & TRUCK MAl NT. ITEMS 501-0000-141.40-00 111.02 WESTERN SYSTEMS & FABRICATION AUTO & TRUCK MAl NT. ITEMS 501-0000-141.40-00 91.78 WIKCO.COM INC SLOPE MOWER 501-0000-237.00-00 -574.69 Division Total: $12,967.97 Department Total: $12,967.97 ARIHETRA AUTO & TRUCK MAl NT. ITEMS 501-7630-548.35-01 658.53 CAPACITY PROVISIONING INC Jan INET-Equip SVC5 501-7630-548.42-12 41.00 CONTINUANT INC March Maintenance 501-7630-548.42-10 7.19 COSTCO CREDIT CARD PMTS Flat screen monitor 501-7630-548.31-60 324.89 . CSK AUTO INC (SCHUCK'S) AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 -24.78 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 13.36 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 75.01 AUTO & TRUCK MAf9gEMS 501-7630-548.34-02 75.04 Page 17 Vendor CSK AUTO INC (SCHUCK'S)... DAILY JOURNAL OF COMMERCE DENVER'S TIRE CO INC City ~f Port Angeles City Council Expenditure Report From: 1/28/2006 To: 2/10/2006 Description Account Number AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 501~7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 50.1-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAINT.ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630.,548.34-02 AUTO & TRUCK MAINT.ITEMS 501-7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 AUTO SHOP EQUIPMENT & SUP 501-7630-548.35-01 COMMUNICATIONS/MEDIA SERV 501-7630-548.44-10 EXTERNAL LABOR SERVICES 501-7630-548.34-02 EXTERNAL LABOR SERVICES 501-7630-548.34-02 EXTERNAL LABOR SERVICES 501-7630-548.34-02 EXTERNAL LABOR SERVICES 501-7630-548.34-02 EXTERNAL LABOR SERVICES 501-7630-548.34-02 EXTERNAL LABOR SERVICES 501-7630-548.34-02 EXTERNAL LABOR SERVICES 501-7630-548.34-02 EXTERNAL LABOR SERVICES 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 EXTERNAL LABOR SERVICES 501-7630-548.34-02 EXTERNAL LABOR SERVICES 501-7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 EXTERNAL LABOR SERVICES 501-7630-548.34;..02 EXTERNAL LABOR SERVICES 501-7630-548.34-02 196 Page 18 Date: 2/15/2006 Invoice Amount 156.49 -256.04 -70.08 13.49 64.82 64.82 -39.59 -75.04 -75.05 6.32 43.21 -19.82 10.80 20.99 2.60 52.81 87.38 8.64 11.87 -8.64 12.63 12.32 4.80 -291.53 3.24 12.63 3.89 154.05 28.16 28.16 28.16 27.62 118.05 71.48 28.16 28.16 43.32 18.95 22.20 28.15 5.69 81.23 . . . . ". .~~'t; ,~;-,,;'<';1 :~i- , \--"i' . Vendor DENVER'S TIRE CO INC... Citx'of Port Angeles City Council Expenditure Report From: 1/28/2006 To: 2/10/2006 Date: 2/15/2006 . EVERGREEN COLLSN/RADIATOR RPR GRAINGER H & R PARTS & EQUIPMENT INC . LES SCHWAB TIRE CENTER (CITY) Description EXTERNAL LABOR SERVICES AUTO & TRUCK MAl NT. ITEMS EXTERNAL LABOR SERVICES EXTERNAL LABOR SERVICES EXTERNAL LABOR SERVICES EXTERNAL LABOR SERVICES EXTERNAL LABOR SERVICES EXTERNAL LABOR SERVICES EXTERNAL LABOR SERVICES EXTERNAL LABOR SERVICES EXTERNAL LABOR SERVICES EXTERNAL LABOR SERVICES EXTERNAL LABOR SERVICES EXTERNAL LABOR SERVICES EXTERNAL LABOR SERVICES AUTO & TRUCK MAl NT. ITEMS EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS EXTERNAL LABOR SERVICES EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS EXTERNAL LABOR SERVICES EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS OPTICAL EQUIP ACESS& SUPP AUTO SHOP EQUIPMENT & SUP AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAl NT. ITEMS EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS 197 Account Number 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.35-01 501-7630-548.35-01 501-7630-548.35-01 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 Invoice Amount 216.06 198.19 53.07 44.40 151.89 9.75 41.15 28.16 28.16 24.91 37.91 54.15 73.64 73.64 73.64 10.83 17.33 10.83 17.33 19.49 2.33 9.47 41.15 74.19 16.24 17.33 56.86 37.90 238.26 37.91 99.09 137.19 300.96 16.58 21.97 47.38 98.92 38.94 106.35 896.43 124.33 243.54 Page 19 ,-- 1_(!_':'n:f,:r\:'~'~-r~1 F,"::::t~' . Cityo! Port Angeles City Coun~if Expenditure Report From: 1/28/2006 To: 2/10/2006 Date: 2/15/2006 Vendor COSTCO CREDIT CARD PMTS... OLYPEN Finance Department AWC EMPLOYEE BENEFITS TRUST BAILEY, JAMES A BALSER, FRED BISHOP, VIRGIL CAMERON, KENNETH CAMPORINI, RICHARD DARLlNG,GREG GLENN, LARRY GOODRICH, RUTH L . GROOMS, MICHAEL JOHNSON, DONALD G JOHNSON,HARRY JORISSEN, ROBERT R LIND, DARWIN PETER LINDLEY, JAMES K LOUCKS, JASPER MIESEL JR, PHILIP C Arthur Marks Logan Deane Robert Coons MORGAN, ROY NW ADMIN TRANSFER ACCT PORT ANGELES CITY TREASURER . RIEPE, TOM THOMPSON, BRUCE WARD, DENNIS H Self Insurance Description Account Number Power Point Projector 502-2081-518.31-60 COMPUTERS,DP & WORD PROC. 502-2081-518.42-10 Information Technologies Division Total: Finance Department Department Total: Information Technology Fund Total: FEB MEDICAL PREMIUM 503-1631-517.46-30 FEB MEDICAL PREMIUM 503-1631-517.46-30 FEB LIFE PREMIUM 503-1631-517.46-32 FEB LIFE PREMIUM 503-1631-517.46-32 Reimb Medicare premium 503-1631-517.46-35 Reimb Medicare premium 503-1631-517.46-35 Reimb Medicare premium 503-1631-517.46-35 Disability board-January 503-1631-517 .46-35 Reimb Medicare premium 503-1631-517.46-35 Reimb Medicare premium 503-1631-517.46-35 Disability board-January 503-1631-517.46-35 Reimb Medicare premium 503-1631-517.46-35 Disability board-January 503-1631-517.46-35 Reimb Medicare premium 503-1631-517.46-35 Disability board-January 503-1631-517.46-35 Reimb Medicare premium 503-1631-517.46-35 Disability board-January 503-1631-517.46-35 Reimb Medicare premium 503-1631-517.46-35 Disability board-January 503-1631-517 .46-35 Reimb Medicare premium 503-1631-517.46-35 Disability board-January 503-1631-517.46-35 Reimb Medicare premium 503-1631-517.46-35 Reimb Medicare premium 503-1631-517.46-35 Reimb Medicare premium 503-1631-517.46-35 Disability board-January 503-1631-517.46-35 Reimb Medicare premium 503-1631-517.46-35 MEDICAL REIMBURSEMENT 503-1631-517.46-30 MEDICAL REIMBURSEMENT 503-1631-517.46-30 MEDICAL REIMBURSEMENT 503-1631-517.46-30 Reimb Medicare premium 503-1631-517.46-35 FEB PREMIUM SWORN 503-1631-517.46-33 FEB PREMIUM RETIREES 503-1631-517.46-34 Medical reimb-Barr 503-1631 '-517.46-30 Disability board-January 503-1631-517.46-35 Reimb Medicare premium 503-1631-517.46-35 Disability board-January 503-1631-517.46-35 Other Insurance Programs Division Total: 199 Invoice Amount 974.69 3,100.00 $10,053.14 $10,053.14 $10,053.14 168,196.14 -168,196.14 1,535.43 -1,535.43 88.50 88.50 194.70 10.36 112.80 88.50 183.00 88.50 690.05 88.50 45.00 88.50 68.07 88.50 157.24 88.50 16.99 84.50 88.50 177.00 63.04 78.50 271.66 36.57 13.20 88.50 51,397.20 11,661.95 8.71 200.00 73.50 181.14 $66,610.18 Page 21 "); . ..... . . tl'l;r..~.+J.'i' Vendor OFFICE OF SUPPORT ENFORCEMENT... PERS POLICE ASSOCIATION PROF COLLECTION AGENCIES INC UNITED WAY (PAYROLL) WSCCCE AFSCME AFL-CIO Totals for check period . . City of Port Angeles City Counfil Expenditure Report From: 1/28/2006 To: 2/10/2006 Date: 2/15/2006 Invoice Amount 1,455.68 1,336.25 3,217.58 4,648.45 12,091.52 232.00 11.93 357.00 3,482.31 $47,378.75 $47,378.75 $47,378.75 $804,865.45 Description P/R Deductions pe 01-29 Vacationpay-McCabe,McLain P/R Deductions pe 01-29 P/R Deductions pe 01-29 P/R Deductions pe 01-29 P/R Deductions pe 01-29 P/R Deductions pe 01-29 P/R Deductions pe 01-29 P/R Deductions pe 01-29 Account Number 920-0000-231.56-20 920-0000-231.51-10 920-0000-231.51-10 920-0000-231.51-11 920-0000-231.51-12 920-0000-231.55-10 920-0000-231.56-30 920-0000-231.56-10 920-0000-231.54-40 Division Total: Department Total: Fund Total: Payroll Clearing From: 1/28/2006 To: 2/10/2006 201 Page 23 . . . 202 . . . ~RTANGBLBS WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: February 21,2006 To: CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities ~ "'t, Final Acceptance for Tree Trimming Contract, ProjectNo.05-21 FROM: SUBJECT: Summary: The Asplundh Tree Expert Co. has completed the trimming of trees in power line rights of way for Project 05-21. The final payment has been made and the total cost of the contract was $34,647.42. The work has been inspected and accepted as complete. Recommendation: Accept the project and authorize the release of Asplundh Tree Expert Co. retaina e in the amount of $1,732.37 u on recei t of re uired clearances. Background I Analysis: Asplundh Tree Expert Co..has completed the annual trimming of trees along power lines throughout the City as contracted on Project 05-21 in the tmal amount of $34,647.42. The trimming was necessary to keep trees a safe distance from power lines and to minimize tree caused outages that normally occur during storms. The contract for Project 05-21 was originally awarded on an hourly basis at prevailing state wage rates in an amount not to exceed $35,000. Original Contract Change Orders Adjusted Project Cost Amount (0) Contract Final Cost Variance $35,000.00 00 None $34,647.42 [1.00%] . It is recommended that Council accept the project as completed by Asplundh Tree Expert Co., and authorize the release of the retainage in the amount of$I,732.37 upon receipt of required clearances. 203 N:\CCOUNCIL\FINAL\Tree Trimming Contract, Proj 05-21, Accept.rtf . . . 204 . . . DATE: To: FROM: SUBJECT: ~ORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO February 21,2006 CITY COUNCIL Becky J. Upton, City Clerk/Management Assistant ~ Special City Council Meeting to Interview Applicants and Make Appointments to City Boards & Commissions Summary: As of February 28, 2006, there will be various vacancies on City Boards and Commissions. In order to fill the vacant positions as expeditiously as possible, it would be helpful to set a special meeting of the City Council for the purpose of interviewing applicants and making appointments, effective March 1, 2006. Recommendation: 6:00 D.m. Set a special City Council meeting for Tuesday, February 28, 2006, at Back~round I Analysis: There are various upcoming vacancies on City Boards and Commissions, to include the Civil Service Commission, the Planning Commission, and the Utility Advisory Committee. The City Council retained interviewing privileges for the Civil Service Commission, as well as the Planning Commission, and timing is ofthe essence in filling the vacant positions in order to assure a quorum for the upcoming meetings. The City Council could conduct interviews during a special session on February 28,2006, and then proceed to appointment that same evemng. In addition, it is anticipated that the three Councilmembers on the Utility Advisory Committee will have had the opportunity to interview applicants for the UAC prior to the special meeting, so that a recommendation couldbe forwarded to the Council for final action also on February 28th. As of the writing of this memo, there are five applicants for the Planning Commission, which has two vacancies; one applicant for the Civil Service Commission, which has one vacancy; and two applicants for the Utility Advisory Committee, which has one vacancy. 205 . . 206 . . . CITY OF PORT ANGELES HOTEL/MOTEL GRANT FOURTH QUARTER REPORT OCTOBER 1-DECEMBER 31,2005 We, at the Port Angeles Recreation Division, have been very busy during the fourth quarter of 2005 with recreational activities that have brought additional visitors to Port Angeles. In keeping with.our goal to impact tourism through the promotion and hosting of recreational events, we respectfully submit our Fourth Quarter Report. During the fourth quarter of 2005, Hotel/Motel Grant Funds helped make possible three basketball tournaments, one for men's teams and two for youth teams. The Talking Rain Tip-Off Classic, an invitational tournament for men's basketball teams, was held October 29th & 30th. Five teams took part, including four from out-of- town. The Eighth Annual Port Angeles Turkey Shoot, for boys' and girls' teams from 6th grade through high school, took place November 19th and 20th. Twenty-two teams entered this event, including 14 that traveled from out-of-town to play. The Holiday Hoops Classic, held December 10th and 11 th for boys' and girls' teams from 5th grade through 8th grade, attracted 22 teams. Nine of these teams were from out of town. All told, the three events held in the 4th Quarter of 2005 to bring peopleto Port Angeles accounted forabout 540 players, coaches, and spectators spending one or two nights in town, with a direct economic impact of over $60,000 to the community. 207 . . . 208 . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 January 25, 2006 6:00 p.m. ROLL CALL Members Present: Dave Johnson, Cherie Kidd, Kevin Snyder, Candace Kalish, and John Matthews, Members Excused: Leonard Rasmussen, one vacancy Staff Present: Scott Johns, Nathan West Public Present: Jack Powell APPROVAL OF MINUTES Commissioner Snyder moved to approve the January 28, 2006, minutes with two minor corrections. The motion was seconded by Commissioner Kalish and passed 4.- 0-1 with Commissioner Johnson abstaining due to absence at the meeting. . Commissioner Johnson moved to approve the January 11,2006, minutes as presented. The motion was seconded by Commissioner Snyder and passed 5 - O. . PUBLIC HEARINGS: MUNICIPAL CODE AMENDMENT - MCA 06-01 Section 15.12 and Section 17.96.070(C)(3) Vice Chair Kidd indicated that those who testify must sign the "Sign In" log and affirm that their testimony will be truth~l to the best of their knowledge. Principle Planner Nathan West reviewed the department staff report recommending that the Planning Commission forward a recommendation of approval to the City Council. Abrief discussion ensued as to how the proposed code amendment was brought to the City by The Washington State Department of Ecology. This came about during a routine review by DoE that occurs periodically. Commissioner Kalish asked how the code change would affect existing properties. Mr. West indicated that only new structures would be affected. Planner Johns added that a relatively small portion of the City actually is located within flood plains. Vice Chair Kidd opened the public hearing. There being no testimony offered by the one member of the public in attendance, Vice Chair Kidd then closed the public hearing. Commissioner Snyder moved to recommend approval of the Municipal Code Amendment to the City Council. The motion was seconded by Commissioner Kalish and passed 5 - o. 209 ~--- , COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Principal Planner Nathan West suggested that the commissioners begin considering items or issues that they would like to have become matters of discussion when the County Planning Commission and City Planning Commission meet in a joint session. This led to a number of issues being discussed, including protection of wildlife corridors, the development of the sewer system in the eastern Urban Growth Area, housing availability and affordability, job creation, business retention in the downtown area, disconnected sidewalk system and other items. It was suggested that the commission consider these and other issues that might be included on a list of priority issues to be brought to the Port Angeles Forward committee. Commissioner Johnson asked staff if they had done the requested research on the multi- family structure that had been brought up during the discussion at the previous Planning Commission meeting regarding Campbell Avenue development. Planner Johns responded with the information that was received from Public Works and Utilities Department. REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 7:10 p.m. Scott K. Johns, Secretary Cherrie Kidd, Vice Chair PREPARED BY: S. Johns 210 . . . I . EXECUTNE SESSION Date: rJ. 7/) / ~ / Vt- trS ;to Expected length of session: Is action expected following the session: Reason for Executive Session: _ To consider matters affecting national security. ~ the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price. To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public. _ To review negotiations on the performance of public bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs. To consider, in the case of an export trading company, financial and commercial information supplied by private persons to the export trading company. _ To receive and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge. _ To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public. _ To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a~epublic. To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. Closed session under RCW 42.30.140: _ To discuss proceedings concerned with the formal issuance of an order granting, suspending, revoking, or denying any license, permit, or certificate to engage in any business, occupation, or profession, or to receive a license for a sports activity or to operate any mechanical device or motor vehicle where a license or registration is necessary; or _ Meeting of a quasi-judicial body relating to a quasi-judicial matter between named parties as distinguished from a matter having general effect on the public or on a class or group. _ Matters governed by chapter 34.05 RCW, the Administrative Procedure Act. _ Collective bargaining session with employee organization, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement or a portion of a meeting which the governing body is planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceeding, or reviewing the proposals made in the negotiations or proceedings while in progress. Time session began: r: J-S- /! .tff Time session ended: Was session extended by announcement: '/~5 /0.'5; a If so, when: ci~~~ Do ~~ n. .JJ..,:wA- City Clerk G:\LEGAL\Fonns\EXECUTIVE SESSION-! O-!7-05.wpd