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Home My WebLink AboutAgenda Packet 03/21/2006 WAS H I N G TON, U. S. A. 4 AGEND~ CITY COUNCIL MEETING 321 EAST FIFTH STREET March 21, 2006 REGULAR MEETING - 6:00 p.m. FO,RTANG.EL.E.S 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 Meeting (6:00 p.m.) B. ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC CEREMONIES, PRESENTATIONS C. WORK SESSION D. (1) LATE ITEMS TO BE PLACED ON THIS 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 15 minutes for this comment period. (These time periods may be lengthened or shortened at the discretion of the Mayor). E. CITY COUNCIL COMMITTEE REPORTS F. ORDINANCES NOT REQUIRING PUBLIC HEARINGS: 1. Limited Tax General Obligation Bond, 2006 (Multi-Modal Property Acquisition) F - 1 1. Second reading and adoption of ordinance G. RESOLUTIONS 1. Initiative & Referendum 2. Support of County's Enactment of 1/10 of 1 % Sales Tax for Expanded Mental Health & Chemical Dependency Treatment in Clallam County G - 1 G-7 1. Pass resolution 2. Receive public comment and discuss passage of City's proposed resolution of support. Mayor to lead discussion. H. OTHER CONSIDERATIONS 1. Ennis Creek Subdivision 2. Campbell Avenue PRD H-I 1. H -30 2. Preliminary approval of subdivision Preliminary approval of PRD . NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK March 21, 2006 Port Angeles City Council Meeting Page - 1 I. PUBLIC HEARINGS - QUASI-JUDICIAL (7:00 P.M. or soon thereafter) 1. Ralston Rezone - Park/Porter 1- 1 J. PUBLIC HEARINGS - OTHER 1. 01yCAP LoanAgreement for Dental Clinic - City CDBG funds J - 1 2. Anderson Street Vacation J -18 K. FINANCE 1. Equipment Purchase - Truck Service Beds 2. Equipment Purchase - Light Duty Vehicles 3. Erickson Park Skate Park Improvements 4. Federal Transportation Enhancement Program Grant 5. Fund 109, Teen Help K -1 K-3 K-5 K-7 K-9 1. Public hearing continued from March 7, 2006; close hearing; second reading/adopt ordinance 1. Hearing to reprogram CDBG funds continued from March 7, 2006; close hearing; approve loan 2. Conduct public hearing and continue to April 4, 2006; first reading of ordinance 1. Approve Purchase 2. Approve Purchase 3. Approve Reallocation of Funds 4. Accept Grant 5. Approve disbursement of residual funds to Serenity House of C1allam County for the Dream Center L. CONSENT AGENDA 1. City Council Minutes of March 7, 2006 special L -1 Accept Consent Agenda and regular meeting. 2. Expenditure Approval List: 2/25/06 - 3/1 0/06, L-9 $876,518.4 7 3. Amend Contract: Curbside Recycling and Yard L - 33 Waste Collections 4. Solid Waste Rate Adjustments - Set Public L - 39 Hearing for April 4, 2006 5. Pool Presentation - Set Special Meeting for April L -41 11,2006 at6:00 pm 6. Wholesale Water Contract Extension L-43 7. Travel Request for WWTP Supervisor L -45 M. INFORMATION 1. City Manager Reports M-l . 2005 Water Quality Report N. EXECUTIVE SESSION (As needed and determined by City Attorney) One item under RCW 42.30.110(1 )(i) - discuss with legal counsel potentia11itigation O. ADJOURNMENT NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK March 21,2006 Port Angeles City Council Meeting Page - 2 FORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEETING I. CALL TO ORDER - REGULAR MEETING: II. ROLL CALL: Members Present: Mayor Rogers Deputy Mayor Williams Councilmember Braun Councilmember Erickson Councilmember Headrick Councilmember Munro Councilmember Wharton Staff Present: Manager Madsen Attorney Bloor Clerk Upton G. Cutler D. McKeen T. Riepe Y. Ziomkowski ~ ~ ~ ~ ~. ~./ J~ // I~ ./ /" ~ March 21. 2006 6'(1 rr1 III. PLEDGE OF ALLEGIANCE: Led by: ~/-;:(7/t?~~d ~. · ~ORTAN'GELES WAS H I N G TON, U. S. A. CITY COUNCIL MEETING Attendance Roster DATE OF MEETING: March 21. 2006 LOCATION: City Council Chambers S J. -f-:- rA · ~ORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEETING Attendance Roster DATE OF MEETING: March 21. 2006 LOCATION: City Council Chambers -<ff6~" 2- g~ 51U City of Port Angeles FORTANGELES Ordinance/Resolution Distribution List WAS H I N G TON, U.S. A. City Council Meeting of March 21. 2006 ~~ ~.ID-{)Wl~ ,). "-f)/" " .J~/) L 4</1 A..1HI (J hvl. - ..r - ^ .A.-t- . { · r1 A""::." \' U "..\....- L+;JI >> 'l1'1 I~ IUfn A_tJ .~ . J.... ;; I A"':, . .. .'-Ir~1 rAn, ~~ ~ - City Manager () City Atty. (1) J V ) / JV ,/ Planning J / City Clerk (2) I v' I V" J~ ./3; V Codifier (1) J / I ./ J/ 1/ Personnel Cust. Svcs. Finance J/ Dir. /Mgr. Police Dept. Fire Dept. Light Dept. Parks & Rec. MRSC (1) J/ IV' 1/ ,.. I ~. ~JJ~mJ .hlMM.J 11..r}. .A LC Illl'1 PDN (Summary) , J A ... =-:lJJ7JO Extra Copies /1), (J ^; 11 J V' ),'(y). v 1 / /'H,JmJln.A ,.!)V' 1~'AA;~A,A ~\/' TOTAL a f; I/) ~ ------- -- -- ---------- ------ --------------- ~at: . c2. /, cRt)l?~ J L~ The untimely death of our friend and colleague Jack Pittis w~ family, friends and community. Prior to submitting my letter of intent, I was contacted by non-Council individuals in person and by phone encouraging my application to the City Council. First and foremost, I did not seek this as a political appointment, since I will not run for City Council in the next election. Those citizens wishing to fill this position will have the opportunity to do so in July of 2007 to file and run for election. My interest in seeking appointment was simply to step in and do my best to carry on the good work that Jack Pittis had begun until a general election can be held. Until that time, I pledge to work hard and support my fellow Council members and the community. I clearly understand, appreciate and regret that there are many citizens that are upset with my appointment. However until the next election can be held I would encourage everyone to be involved with and support the positive work that your Council members are striving to accomplish for our community. . F W'" , " " ,', '1r" , , ," "', ," 'L ,., I ' J )ORi~ /NGE LES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: MARCH 21, 2006 To: CITY COUNCIL From: WILLIAM E. BLOOR, CITY ATTORNEY SUBJECT: LIMITED TAX GENERAL OBLIGATION BOND, 2006 MULTI-MoDAL PROPERTY ACQUISITION - NnCHEL SUMMARY: The first reading of this ordinance was at the January 23, 2006 Council meeting. Since then, there have been numerous discussion among Mr. Niichel, the City's bond counsel, and me. Those resulted in a few changes to the wording of the bonel. There is no change in substance. . RECOMMENDATION: A rove issuance bfthe bond b BACKGROUNDIDISCUSSION: In November, 2005, Council approved an ligreement with Mr. Niichel for the purchase of his property. The agreement requires the City to issue a bond in payment for the land. A first reading of a bond ordinance occurred at the January 23, 2006 Council meeting. Since then I have had many communications with Mr. Niichel and our bond counsel. Those have led to some changes in the wording of the bond. They do not affect the substance of the bond. The amount of the bond and interest rate are unchanged. The ordinance, as changed, should be ready for adoption. It authorizes the City to, issue the bond, but o~ons of th~ Purcbas~ and Sal~ Agreement bav~ beeo Satisfied. William E.Bloor, City Attorney WEB:dl . G:\LEGAL\MEMOS.2006\Counci1.LTGO-Bond-NiicheI.031606. wpd F - 1 . . . F-2 . CITY OF PORT ANGELES, WASHINGTON LIMITED TAX GENERAL OBLIGATION BOND, 2006 (MULTI-MODAL PROPERTY ACQUISITION) $1,200,000 ORDINANCE NO. . AN ORDINANCE of the City of Port Angeles, Washington, ratifying and confirming the Council's approval of a purchase and sale agreement for the acquisition by the City of certain real property; authorizing the issuance to the seller of such real property of a limited tax general obligation bond of the City in the principal amount of $1,200,000 in accordance with the terms of such agreement; providing the date, form, and terms of the bond; and authorizing the annual levy of taxes to pay the principal of and interest on the bond. . Passed: _,2006 Prepared By PRESTON GATES & ELLIS LLP 925 Fourth Avenue, Suite 2900 Seattle, Washington 98104-1158 (206) 623-7580 . F-3 ,..-, TABLE OF CONTENTS . Paee Section 1. Defmitions ...................... ......................................................................................... 1 Section 2. Findings .. ................................................................................................................. 2 Section 3. Purpose, Authorization and Description of Bond.................................................... 2 Section 4. Registration, Payment and Transfer.......................................................................~; Section 5. No Prepayment Option ................... ............ ........................ ............... ......... ............. 3 Section 6. Lost or Destroyed Bond ..................................... ............. ............... ......... ...... ...... ..... 3 Section 7. Execution of Bond.................................................. ................................................. 3 Section 8. Form of Bond.................... ..................................... .............. .................................... 4 Section 9. Bond Fund.... ........... ............................ ....... .... .............................. ........ ............. ....... 8 Section 10. Pledge of Taxation and Credit ................................................................................. 8 Section 11. Defeasance ................. ............................................... ............................................... 8 Section 12. No Ongoing Disclosure ........................... ................................~... ................. ........... 9 Section 13. Delivery of Bond ............................................................ ......................................... 9 Section 14. Severability ............. ..................................................................... ............. .... .... ....... 9 . Section 15. Effective Date ............. ...... ..................................................................................... 10 Exhibit A . Copy of Agreement for Purchase and Sale of Real Property Exhibit B Copy of City Council fmdings approved on November 10, 2005 . F-4 . . . ORDINANCE NO; AN ORDINANCE of the City of Port Angeles, Washington, ratifying and confirming the Council's approval of a purchase and sale agreement for the acquisition by the City of certain real property; authorizing the issuance to the seller of such real property of a limited tax general obligation bond of the City in the principal amount of $1,200,000 in accordance with the terms of such agreement; providing the date, form, and terms of the bond; and authorizing the annual levy of taxes to pay the principal of and interest on the bond. WHEREAS, by motion. of the City Council of the City of Port Angeles, Washington (the "City"), adopted on November 10, 2005, the Council has approved a purchase and sale agreement in substantially the form set forth on Exhibit A to this ordinance (the "Agreement"), with respect to certain real property described in Paragraph 1 of the Agreement (as . therein described, the "Property"); and WHEREAS, as provided by the Agreement, the Council has determined that it is in the best interest of the City and its residents to finance the purchase of the Property by issuing to the Seller (as such term is defined in the Agreement) a limited tax general obligation bond of the City in the principal amount of $1,200,000 (the "Bond"); and WHEREAS, the Council wishes to authorize issuance of the Bond to the Seller in satisfaction of the Agreement, as provided in this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASHINGTON, DO ORDAIN, as follows: Section 1. Definitions. . As used in this ordinance, the following words shall have the following meanings, unless a different meaning clearly appears from the context: "Agreement" means the Agreement for the Purchase and Sale of Real Property dated _,2006, between the City and Richard J. Niichel and Francis M. Niichel, husband and . wife, therein referred to as "Seller." "Bond" means the City of Port Angeles, Washington, Limited Tax . General Obligation Bond, 2006 (Multi-Modal Property Acquisition)", authorized to be issued in the principal amount of $1,200,000 pursuant to this ordinance. "Bond Fund" means the "Limited Tax General Obligation Bond Redemption Fund, 2006 (Multi-Modal Property Acquisition)" established pursuant to Section 9 hereof. "Bond Register" means the registration records for the Bond maintained by the Bond Registrar. F-S "Bond Registrar" means the Finance Director, for the purpose of registering and authenticating the Bond, maintaining the Bond Register, transferring ownership of the Bond, and paying the principal of and interest on the Bond. . "City" means the City of Port Angeles, Washington, a municipal corporation duly organized and existing under the laws of the State of Washington. "City Clerk" means the duly qualified, appointed and acting City Clerk of the City or any other officer who succeeds to the duties now delegated to that office. "Council" means the duly constituted City Council as the general legislative authority of the City. "Finance Director" means the duly qualified, appointed and acting Finance Director of the City or any other officer who succeeds to the duties now delegated to that office. "Property" means that certain real property located at 111 E. Front Street in Port Angeles, Washington, as described in Paragraph 1 of the Agreement. "Re~stered Owner" means the person in whose name the Bond is registered on the Bond Register. "Seller" has the meaning given such term in the Agreement. . Section 2. Findings. The Council hereby ratifies and confirms its findings with respect to the City's acquisitionofthe Property and its approval of the Agreement, all as set forth in its motion adopted on November 10, 2005, a copy of which is attached as Exhibit B to this ordinance. Section 3. purpose. Authorization and Description of Bond. Once the terms and conditions for the City's purchase of the Property under the Agreement are satisfied, for the purpose of financing the purchase price of the Property under. the Agreement, , the City is authorized to issue the Bond to the Seller. The Bond shall be designated the "City of Port Angeles, Washington, Limited Tax General Obligation Bond, 2006 (Multi-Modal Property Acquisition)," shall be dated as ofthe date of its delivery to the Seller, shall be fully registered as to both principal and interest, shall be in the denomination of $1,200,000, shall be numbered in such manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification and control, and shall bear interest on unpaid principal at a per annum rate of 6.5% payable on September 1, 2006, and semiannually thereafter on each March 1 and September 1 until the maturity of the Bond on March 1, 2021. futerest on the Bond shall be calculated based on a 360-day year of twelve 30-day months. Principal of the Bond shall be paid as follows: $200,000 of principal shall be amortized over approximately 15 years, with the balance. of unpaid principal payable upon final maturity of the Bond on March 1,2021. Section 4. Registration. Payment and Transfer. The Finance Director is hereby . appointed as authenticating agent, registrar, paying agent and transfer agent for the Bond (the F-6 -2- P:\DOnoOT1 RH 03/17/06 . . . "Bond Registrar"). The Bond Registrar.~shall keep sUfficient records for the registration and transfer of the Bond. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver the Bond to the Seller, to transfer the Bond in accordance with the provisions of this ordinance and to carry out all other duties of the Bond Registrar under this ordinance. Both principal of and interest on the Bond are payable in lawful money of the United States of America. Installments of the principal of and interest on the Bond shall be paid by check or draft of the Bond Registrar mailed on the date such installment is due or by electronic funds transfer made on the date such installment is due to the Registered Owner at the address appearing on the Bond Register. Upon final payment of all installments. of principal and interest thereon, the Bond shall be submitted to the Bond Registrar for cancellation and surrender. The registered ownership of the Bond may be transferred, but no transfer shall be valid unless the Bond is surrendered to the Bond Registrar with the assignment form appearing on the Bond duly executed by the Registered Owner or such Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Registered Owner or transferee therefore, a new Bond of like amount, maturity and tenor, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for the surrendered and cancelled Bond. Section 5. No PreoaymentOption. The Bond is not subject to optional prepayment or redemption by the City, in whole or in part, prior to its stated maturity. Section 6. Lost or Destroyed Bond. If the Bond is lost, stolen or destroyed, the Bond Registrar may authenticate and deliver a'new Bond of like amount, maturity and tenor to the Registered Owner upon the owner's paying the expenses and charges of the Bond Registrar and the City in connection with preparation and authentication of the replacement Bond and upon his or her filing with the Bond Registrar and the City evidence satisfactory to both the Bond Registrar and the City that such Bond was actually lost, stolen or destroyed and of his or her ownership, and upon furnishing the City and the Bond Registrar with indernnitysatisfactory to both. Section 7. Execution of Bond. Once the terms and conditions for the City's purchase of the Property under the Agreement are satisfied, the Bond shall be executed on behalf of the City with the "manual or facsimile signature of the Mayor, attested by the manual or facsimile signature of the City Clerk, and shall have the seal of the City impressed or imprinted thereon. In case either or both of the officers who have signed or attested the Bond cease to be such officer before the Bond has been actually issued and delivered, the Bond shall be valid nevertheless and may be issued by the City with the same effect as though the persons who had signed or attested the Bond had not ceased to be such officers, and the Bond may be signed or attested on behalf of the City by officers who at the date of actual execution of such Bond are the proper officers, although at the nominal date of execution of the Bond such officer was not an officer of the City. F - 7 -3- p:\DOnOOT1 RH 03/17106 Only a Bond that bears a Certificate of Authentication in the form set forth in Section 8, . manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. Section 8. Form of Bond. The Bond shall be in substantially the following form: UNITED STATES OF AMERICA NO. $1,200,000 STATE OF WASHINGTON CITY OF PORT ANGELES LIMITED TAX GENERAL OBLIGATION BOND, 2006 (MULTI-MODAL PROPERTY ACQillSITION) . F :4_8 P:\DOT\DOT1 RH 03/17/06 . . . Principal Installment Payment Date (March 1) 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Principal Installment Amount $ 1,000,000 This Bond is issued pursuant to Ordinance No. (the "Bond Ordinance") passed by the City Council on , 2006, to finance the purchase of real property by the City. Capitalized terms used in this Bond and not otherwise defined herein shall have the meanings given such terms in the Bond Ordinance. Both principal of and interest on. this Bond are payable in lawful money of the. United States of America. The Finance Director of the City of Port Angeles has been appointed by the Bond Ordinance as Bond Registrar. Installments of the principal of and interest on the Bond shall be paid by check or draft of the Bond Registrar mailed on the date such interest is due or by electronic funds transfer made on the date such interest is due to the Registered Owner at the address appearing on the Bond Register. Upon final payment of all installments of principal and interest thereon, the Bond shall be submitted to the Bond Registrar for cancellation and surrender. The Bond is not subject to prepayment or redemption prior to its stated maturity. The City has irrevocably covenanted with the owner of this Bond that it will annually include in its budget and levy taxes on all taxable property in the City, within and as part of the property taxes authorized by law to be levied by the City without a vote of the people, in an amount that, together with other lawfully available funds, will be sufficient to pay the principal of and interest. on the Bond as the same shall become due. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest. This Bond is not secured by the grant of any security interest, mortgage, lien or other right, encumbrance or interest in the Property. F :59 p:\OOnOOT1RH 03/17/06 The pledge of taxes for payment of the principal of and interest on the Bond may be . discharged prior to maturity of the Bond by making provisions for the payment thereof on the terms and conditions set forth in the Bond Ordinance. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until. the Certificate of Authentication has been manually signed by the Bond Registrar. This Bond is transferable only on the records maintained by the Bond Registrar for that purpose upon the surrender of this Bond by the Registered Owner or his/her duly authorized agent and only if endorsed in the manner provided hereon, and a new fully registered Bond of like amount, maturity and tenor shall be issued to the transferee in exchange. Such transfer shall be without cost to the Registered Owner or transferee. The City and Bond Registrar may deem the person in whose name this Bond is registered to be the absolute owner for the purpose of receiving payment of the principal of and interest on this Bond and for all other purposes. It is hereby certified that all acts, conditions and things required by the Constitution and statutes of the State of Washington and the ordinances of the City to exist, to have. happened, been done and performed precedent to and in the issuance of this Bond have happened, been done and performed and that the issuance of this Bond does not violate any constitutional, statutory or other limitation upon the amount of bonded indebtedness that the City may incur. The City has caused this Bond to be executed by the manual or facsimile signature of the . Mayor and to be attested by the manual or facsimile signature of the City Clerk, and has caused the seal of the City to be impressed or imprinted on this Bond, as of this day of ,2006 CITY OF PORT ANGELES, WASHINGTON By /s/ Mayor ATTEST: /s/ City Clerk CERTIFICATE OF AUTHENTICATION This is the Limited Tax General Obligation Bond, 2006 (Multi-Modal Property Acquisition), of the City of Port Angeles, Washington, dated ,2006, as described in the Bond Ordinance. FINANCE DIRECTOR OF THE CITY OF PORT ANGELES, as Bond Registrar . F --61 0 p:\DOnDOT1RH 03/17/06 . . . By Yvonne Ziomkowski The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UNIF GIFT (TRANSFERS) MIN ACT - Custodian (Cust) (Minor) under Uniform Gifts (Transfers) to Minors Act (State) Additional abbreviations may also be used, though not in the above list. ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto_ PLEASE INSERT SOCIAL SECURITY OR T AXP A YER IDENTIFICATION NUMBER OF TRANSFEREE (Please print or typewrite name and address, including zip code, of transferee) the within bon.d and does hereby irrevocably constitute and appoint as attorney-in-fact to transfer said bond on. the books kept for registration thereof with full power of substitution in the premIses. DATED: SIGNATURE GUARANTEED: ,-' NOTICE: Signature(s) must be guaranteed pursuant to law. F - 11 -7- P:\DOT\OOTl RH 03/17/06 NOTE: The signature on this Assignment . must correspond with the name of the Registered Owner as it appears upon . the face of the within bond in every particular, without alteration or enlargement or any change whatever. Section 9. Bond Fund. There is hereby authorized and directed to be created in the office of the Finance Director a special fund to be drawn upon for the purpose of paying the principal of and interest on the Bond to be known as the "Limited Tax General Obligation Bond Redemption Fund, 2006 (Multi-Modal Property Acquisition)" (the "Bond Fund"). The Bond Fund shall be drawn upon for the sole purpose of paying the principal of and interest on the Bond. The taxes hereafter levied for the purpose of paying principal of and interest on the Bond and other funds to be used to pay the Bond shall be deposited in the Bond Fund no later than the date such funds are required for the payment of principal of and interest on the Bond. Money in the Bond Fund not needed to pay the interest or principal next coming due may temporarily be deposited in such institutions or invested in such obligations as may be lawful for the investment of City funds. Any interest or profit from the investment of such money shall be deposited in the Bond Fund. Section 10. Pledge of Taxation and Credit. The City hereby irrevocably covenants for as long as the Bond is outstanding and unpaid that each year it will include in its budget and levy an ad valorem tax on all taxable property in the City, within and as part of the property taxes . authorized by law to be levied by the City without a vote of the people, in an amount that, together with other lawfully available funds, will be sufficient to pay the principal of and interest on the Bond as the same shall become due. All of such taxes so collected and any other money to be used for such purposes shall be paid into the Bond Fund. The City hereby irrevocably pledges that a sufficient portion of each annual levy to be levied and collected by the City prior to the full payment of the principal and interest on the Bond will be and is hereby irrevocably set aside, pledged and appropriated for the payment of the principal of and interest on the Bond. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of said taxes and for the prompt payment of the principal of and interest on the Bond as the same shall become due. The Bond is not secured by the grant of any security interest, mortgage, lien or other right, encumbrance or interest in the Property. Section 11. Defeasance. In the event that the City sets aside in the Bond Fund or in another special account, held in trust by a trustee, cash or noncallable government obligations, as such obligations are now or hereafter defined in Chap. 39.53 RCW, or any combination of cash and/or noncallable government obligations, in amounts and maturities that, together with the known earned income therefrom, are sufficient to pay all installments of principal and interest on the Bond in accordance with its terms, and such cash and/or noncallable government obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made . into the Bond Fund for the payment of the installments of principal and interest on the Bond F - 12 -8- p:\OOnOOT1RH 03/17/06 . . . when due. The owner of the Bond so provided for shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive the payments of principal and interest from such special . account, and the Bond shall be deemed to be not outstanding under this ordinance. In accordance with the provisions of Section 5 of this ordinance, these defeasance provisions do not permit any optional prepayment or redemption of the Bond. Section 12. No Ongoing Disclosure. TheBond is exempt from the ongoing disclosure requirements of Securities and Exchange Commission Rule 15c2-12 by reason of the exemption set forth in. subsection (d) (i) of that rule with respect to the issuance of securities in authorized denominations of$100,000 or more. Section 13. Delivery of Bond. Once the terms and conditions for the City's purchase of the Property under the Agreement are satisfied, the City is authorized to deliver to the Seller identified in the Agreement to satisfy the purchase price for the Property. The Mayor, Finance Director, City Clerk, City Attorney and other appropriate officers and agents of the City are authorized to take any actions and to execute agreements, certificates and other documents as in their judgment may be necessary or desirable to carry out the terms of, and complete the transactions contemplated by, the Agreement and this. ordinance. All acts taken pursuant to the authority of this ordinance but prior to its effective date are hereby ratified. Section 14. Severability. If anyone or more of the covenants and agreements provided in this ordinance to be performed on the part of the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements,. shall be null and void and shall be deemed. separable from the remaining covenants .,-,L':.:. '. and agreements of this ordinance and shal1in no way affect the validity of the other provisions of this ordinance or of the Bond. F -_913 p:\DOnOOT1RH 03/17/06 Section 15. Effective Date. This ordinance shall become effective five days after its . passage and publication, as required by law. PASSED by the City Council of the City of Port Angeles, Washington, at a [regular/special] meeting thereof held ,2006. CITY OF PORT ANGELES, WASHINGTON By Mayor ATTEST: City Clerk . . F =1 J- 4 p:\DOnOOT1 RH 03/17/06 . EXHIBIT A Copy of Real Estate Purchase and Sale Agreement . . F - 15 p. . . . F - 16 . . . r ..J...A... Exhibit A AGREEMENT FOR THE . PURCHASE AND SALE OF REAL PROPERTY This Agreement is made and entered into this _ day of January, 2006 between Richard 1. Niichel and Fran~s M. Niichel, husband and wife, hereinafter referred to as "Seller", . and the City of Port Angeles, a municipal corporation of the State of Washington, hereinafter referred to as "Purchaser." For a.lJ.d 1n consideration of the terms and provisions set out below, and the performance . to be rendered, the parties hereby recite, and agree as follows: 1. The Seller represents that they are the owners in fee simple of the following described property, hereafter referred to as "the Property," located at 111 E. Front Street, Port Angeles, Washington: A portion of Tideland Block 1, east of Laurel Street within the Port Angeles tidelands, Clallam County, Washington as shown on the supplemental map of Port Angeles tidelands filed in the office of the Board of State Land Commissioners on the 9th day of March, 1894, described as follows: Lot 8, Lot 7 and the West half of Lot 6, except the South 10' (feet) thereof. Said lands identified per Clallam County Parcel #'s 0630005000700000 and 0630005000800000 and as shown per Record of Survey recorded in Volume 56 at Page 70. The Parties intend that this Agreement include all real property owned by the Seller at or near this location. The Purchaser is authorized to attach a corrected legal description, if necessary. 2. The Seller represents that they have the full right and authority to convey marketable fee simple title to the Property, and the Seller agrees to sell, transfer, convey and warrant to the Purchaser the Property. 3. In consideration for conveyance of the property, the. Purchaser shall deliver to the Seller at closing a bond on the following temlS: Principal amount of $1.2 million with an interest rate of 6.5% per annum. The term shall be 15 years. Of that amount, $200:000 will be amortized over 15 years in. accordance with. the amortization schedule that is attached hereto marked Exhibit A and incorporated herein by this reference. At the end of 15 -1- F - 17 years, the bond will provide for a $1 million balloon paYment. The bond will not be in marketable. form. Upon receipt of the bond, Seller agrees to execute a Certificate similar in form to the Exhibit B that is attached hereto and incorporated herein by this reference. The bond will include language that it is given for the purchase of real property. The bond will not allow for prepaYment or refunding. The Seller will not retain or be granted any security interest, mortgage, lien or any right, encumbrance, or interest in the Property. The parties will sign an acknowledgement that the Purchaser has not attempted to acquire the Property by eminent domain proceedings and has not threatened to use eminent domain proceedings to acquire the Property. . 4. At closing the Seller shall pay one half and the Buyer shall pay one half of closing costs. Closing costs shall include real estate excise tax due on this transaction, if any. 5. Purchaser shall be entitled to possession upon execution oftheContract. 6. Seller shall pay at or before closing all taxes, assessments, utility charges. and operation charges levied or assessed against the Property. In the event Purchaser pays any taxes, assessments, rents or charges to be paid by Seller, Seller shall promptly reimburse Purchaser. 7. All improvements now or hereinafter made to or placed on the property shall become a part thereof and shall not be removed. 8. purchaser's obligation under this Agreement is subject to its right to condnct an . environmental investigation of the property within 30 days. If such investigation reveals contamination of a level significant under any state or federal law, the Purchaser, at its discretion, may rescind this Agreement. Purchaser's obligation under this Agreement is further subject to successful completion of all legally required procedures that are prerequisite to acquisition of parking space by the City. 9. If there is a mortgage, lien, or other secured obligation on the Property, Seller shall fully discharge the same at or before closing; and Seller agrees to indemnify, defend and hold Purchaser harmless with regard thereto. . 10. At closing, Seller shall execute and deliver a Statutory Warranty Deed conveying the property free and clear of all encumbrances. The Deed shall be in the sole name of the City of Port Angeles, a municipal corporation of the State of Washington, as Purchaser. 11. The Parties shall obtain a title report on the Property. The report must show the Seller has unencumbered fee simple title with unrestricted right to convey. If it does not, Purchaser, at its option, may rescind this Agreement. 12.. If either party commences an action to enforce rights under this Contract, venue of such.action shall lie in the Superior Court of Clallam County, Washington. . -2- F - 18 . . . 13. The obligation of the Purchaser under this Agreement is subject to the right of the Purchaser to review the existing leases on or relating to the property. All existing leases on the property will be assigned to the Purchaser at closing. The Purchaser shall have a right to make a reasonable determination that the leases contain telms and provisions that are satisfactory to the Purchaser. SELLER, Richard J. Niichel and Francis M. Niichel ~--- ~~~ FranCiS M. Niichel Approved as to Form: Dlt\"icl"'/. JOM.B8B, 'AltUlll'-'Y .fo1 S"llcr r7~, PURCHASER, . The City of Port Angeles By: Title: Attest: Becky J. Upton, City Clerk Approved as to Form: William E. Bloor, City Attorney STATEOF~ONA ) . 1Jfd.t..LA~ } ) ss. COUNTY OF ""- -~P/-'-' ) On this day personally appeared before me Richard J. Niichel and Franc' M. Niichel, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. ~ Given under my hand and official seal this 3 ~day of hmnMj', 2006 ~J~~ No~a:Y PublisJn an.9... foi,~e ~ ~te oj' Arizo,' na, residing at ~ ~ tlZ- My commission expires: 7f471, /1 ~tZJR -3- r.bl--...m_-",,^,...~-,~-;;::-;~~....;"".t~:~~_=~.........~.""'~' I. v'-n..J.tcl.. ~l=/-,L f , LOUiSE T. WE8B : ~ NOTARY PUBUC ~ State of Arizona t MARICOPA COUNTY . My Oomrn: fxpiJllS NQY. 19.2008 ~..............._'f':i -".' '~"'"""':..._ _. - .. F - 19 STATE OF WASHINGTON) ) ss. COUNTY OF CLALLAM ) . On this _ day of January, 2006, before me, a Notary Public for the State of Washington, duly commissioned and sworn, personally appeared and Becky J. Upton, to me lrnown to be the . and City Clerk of the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument, and that the seal affixedis the seal of said corporation. Given under my hand and official seal the day and year first in this certificate above written. Notary Public in and for the State of Washington, residing at My commission expires: G:\Legal_Backup\AGREEMENTS&CONTRACTS\2005 Agmts&Contracts\Niichel Agreemen 3tdoc . . F - 20 -4- . EXHffiIT B Copy of City Council fmdings approved on November 10, 2005 . . F - 21 . . . F - 22 . . . CALL TO ORDER,. SPECIAL MEETING: ROLL CALL: EXECUTIVE SESSION: RETURN TO OPEN SESSION: Niichel Property Purchase, 111 E. Front Street Exhibit B CITY COUNCIL SPECIAL MEETING Port Angeles, Washington November 10, 2005 Deputy Mayor Braun called the special meeting of the Port Angeles City Council to order at 5:00 p,m. Members Present: Deputy Mayor Braun, Councilmembers Pittis, Rogers, and Williams. Members Absent: Mayor Headrick, and Councilmembers Erickson and Munro. Staff Present: Manager Madsen, Attorney Bloor, Y. Ziomkowski, and T. . Pierce. Public Present: No one signed the roster. Deputy Mayor Braun announced the need for an Executive Session for approximately 40 minutes under the authority ofRCW 42.30.11 O(b) regarding real estate and RCW 42.3 0 .11 O(i) regarding potential legal issues, and action may be taken upon completion of the Executive Session. The Executive Session convened at 5:02 p.m. and, at 5:40 p.m., the EJef:cutive Session was extended for an additional 10 minutes by announcement of the Deputy Mayor. The Executive Session concluded at 5:50 p.m., andthe Council convened in regular open session. Attorney Bloor advised the Council that staff had negotiated a potential agreement for the purchase of the Niichel property downtown. The terms of the purchase were set out in a proposed agreement for the sale and purchase of real property which Attorney Bloor distributed to the Council. He indicated that the telms of the agreement encapsulate the negotiations in the best terms that staff was able to reach for the potential sale of the property. Attorney Bloor noted there were a number of reasons the Council may wish to consider the purchase, as the City has an opportunity to purchase the property at a price of $1.2 million. Mr. Niichel felt that $1.5 million was fair market value; however, the appraisal showed a value of$1 million, based on an income method evaluation which requires several assumptions most of which are representative of many variables. Attorney Bloor noted that the property is adjacent to the Gateway Project, and he felt the City had a financial and legal obligation with regard to the Gateway Project as it is in the City's best interest to assure that the Gateway Project proceeds in the most expedient and economic fashion. Currently, the Gateway Project is being delayed by litigation that, in part, involves the Niichel property, and Attorney Bloor felt that continued litigation could result in a delay to the Gateway Project of 18 months or more. Further delays would involve significantly higher project costs due to the war in Iraq, hurricane damage in the southeast, increased costs for building materials, supplies, and petroleum. Attorney Bloor expected that construction costs would continue to. escalate rapidly for at least two years, and the City has been notified that it would lose TIB funding ifthe project is delayed beyond June of2006. The purchase F - 23 - 1 - CITY COUNCIL SPECIAL MEETING November 10, 2005 Niichel Property purchase, 111 E. Front Street (Cont'd) of the property would also have the affect of allowing litigation to be resolved quickly and would save the City costs that would otherwise be incurred. AttorneyBloor advised the Council that all or a portion of the costs may be made a project cost, so the City could potentially be reimbursed from project funding plus, the property does provide some income. Having the City in ownership of the property would add some flexibility to the project and may be more acceptable to local residents and businesses. That flexibility may also allow a redesign of the project for a savings of $300,000 - $500,000. Based on all of the reasons cited, Attorney Bloor felt the Council could fmd there is an immediate and beneficial use for the property, there is a benefit to the citizens, and it is necessary for the City to fulfill a public purpose. Discussion followed on the potential redesign of the project, and clarification was offered that there would actually just be a reduction in the scope of the project. Following further brief discussion, Councilmember Williams moved to authorize the Mayor or the Deputy Mayor to offer to purchase the property on terms outlined in the Purchase and Sale agreement with Mr. Niichel for the subject property, subject to review and correction by the City's Attorney and Bond Attorney, citing Findings 1-12, as corrected, and Exhibits "A" and "B". Councilmember Rogers seconded the motion, which carried unanimously. ADJOURNMENT: The meeting was adjourned at 6:06 p.m. Richard A. Headrick, Mayor Becky J. Upton, City Clerk F - 24 -2- . . . . . . CITY CLERK'S CERTIFICATE I, the undersigned, City Clerk of the City of Port Angeles, Washington (the "City") and keeper of the records of the City Council ofthe City (the "Council"), DO HEREBY CERTIFY: 1. That the attached Ordinance is a true and correct copy of Ordinance No. of the City (the "Ordinance"), as finally passed.at a [regular/special] meeting of the Council of the City held on , 2005, and duly recorded in my office. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a quorum of the Council was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of said Ordinance; that all other requirements and proceedings incident to the proper adoption or passage of said Ordinance have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of 2005. City Clerk F - 25 P:\DOT\OQT1 RH 03/17/06 . . . F - 26 . F 'Pi. "C"" ..~_. - - - I JORT/_NGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: MARCH 21,2006 To: CITY COUNCIL From: WILLIAM E. BLOOR, CITY ATTORNEY SUBJECT: INITIATIVE AND REFERENDUM RESOLUTION SUMMARY: Two proposed resolutions are attached. The differences will be discussed at the Council meeting. . BACKGROUNDIDISCUSSION: A presentation will be made to discuss the differences between the two proposed resolutions, and the options that are available to Council. This is a Council decision. I will provide information at the Council meeting, but you must determine the action to take. ",' iJ "" / ~ ~ /J """ L)#" William E. Bloor, City Attorney Attachments (Draft No.1 and Draft No.3) WEB:dl G:\LEGAL\MEMOS.2006\Council.Initiative&Referendum.031706.wpd . G - 1 . . . G - 2 . DRAFT NO. 1 RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring the intent of the City Council to adopt the right of initiative and referendum for the registered voters of the City; providing for publication of this Resolution; and providing that an Ordinance adopting the initiative and referendum process for the City shall be presented unless a timely and sufficient referendum petition has been filed referring the question to the registered voters of the City. BE IT RESOLVED by the City CounCil of the City of Port Angeles as follows: Section 1. Pursuant toRCW 35A.11.080, which permits the legislative body of a . noncharter code city to provide. for the exercise in the City of the powers of initiative and referendum, the City Council of the City of Port Angeles, Washington, a noncharter optional municipal code city, hereby declares its intention to adopt for the City the powers of initiative and referendum in accordance with the provisions of state law. Section 2. Within ten (10) days following the passage of this resolution the City clerk shall cause this resolution to be published at least once in a newspaper of general circulation within the City. Section 3. Notice is given that upon the expiration of the ninetieth day after the date of first publication ofthis resolution, but excluding the date of first publication ofthe resolution, if no timely and sufficient referendum petition is filed pursuant to RCW 3 5A. 02. 035, at the next . -1- G - 3 DRAFT NO. 1 regular meeting of the City Council that follows, the intent expressed in this resolution shall be effected by an ordinance adopting for the City the powers of initiative and referendum. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of March, 2006. Karen A. Rogers, Mayor ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: WilliamE. Bloor, City Attorney G:\Legal Backup\ORDINANCES&RESOLUTIONS\R2006-06.lnitiative&Referendum. wpd, March fa. 2006 -2- G- 4 . . . . DRAFT NO.3 RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring the intent of the inhabitants of the City to adopt the powers of initiative and referendum for the registered voters of the City as directed by their petition; providing for publication of this Resolution; and providing that upon the expiration of the ninetieth day after the date of publication that an ordinance implementing the initiative and referendum powers pursuant to the petition shall be adopted unless a timely and sufficient referendum petition has been filed referring the question to the registered voters of the City for approval or rejection. BE IT RESOLVED by the City Council of the City of Port Angeles as follows: . Section 1. Pursuant to RCW 35A.ll.080, which permits the qualified electors of a noncharter code city such as the City of Port Angeles to provide for the exercise in their city of the powers of initiative and referendum, upon electing to do so in the manner provided for changing the classification of a city or town as set forth in RCW 35A.02.020 et seq., the inhabitants of the City of Port Angeles, Washington, a noncharter optional code city, have decided to adopt the powers of initiative and referendum as described in the petition certified by the County Auditor on February 16, 2006. Section 2. The City of Port Angeles hereby declares its intention to adopt for its citizens those full and unrestricted powers of initiative and referendum which are permitted by RCW 35A.l1.080 through RCW 35A.11.100. The City of Port Angeles declares its intention that the powers for the citizens shall include all those already delegated by the Legislature to . the City -1- G - 5 DRAFT NO.3. legislative body, excepting only those exclusions cited in RCW 35A.11.090 through RCW 35A.11.100 as now or subsequently amended. The City of Port Angeles declares its intention that the sole restrictions to be placed on exercise of these powers shall be those enacted through the state legislative process for statewide applications as now or hereafter amended. The City of Port Angeles declares its intention that the initiative and referendum powers are to be exercised in conformity with RCW 35.17.240 through 35.17.3 60 as now or hereafter amended. Section 3. Within ten (10) days following the passage of this resolution the City Clerk is instructed to cause this resolution to be published at least once in. a newspaper of general circulation with the City, to wit the Peninsula Daily News. Section 4. Notice is given that upon the expiration of the ninetieth day after the date of first publication of this resolution, but excluding the date of first publication of the resolution, if no timely and sufficient referendum petition is filed pursuant to RCW 35A.02.035, as determined by RCW 35A.29.170, the intent of petitioners as described in their petition and advertised through this resolution shall be imp1emen,ted by the adoption of an ordinance at the next regular meeting of the City Council. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of March, 2006. . Karen A. Rogers, Mayor ATTEST: APPROVED AS TO FORM: Becky J. Upton, City Clerk William E. Bloor, City Attorney . -2- G - 6 Initiative & Referendum Why Is It Not Routine: . Two Different Resolutions - Draft No. I - Draft No.3 . And, Three Possible Actions Initiative & Referendum . Background: - The County Auditor certified that the initiative and referendum (I&R) petition contains sufficient signatures. - Ordinarily, the City Council would adopt a resolution declaring an intent to adopt I&R powers. - Ordinarily, that is a routine act. In this case, it is not. Alternatives . Adopt Resolution No. 1 . Adopt Resolution No.3 . Adopt No Resolution 1 Alternatives Which Action? The City Council Decides Issues Should not be Ignored: are significant and senous legal issues. The Differences Raise Issues: . The differences between the two resolutions raise legal issues, including: - Can the City Council, even when presented with a citizen petition, adopt I & R powers different than those authorized by state law? - What are the consequences if the City attempts to adopt I & R powers that deviate from state law? - Must the City adopt a resolution using the exact language of the I & R petition? - What are the consequences if the City adopts I & R powers using the exact language of the petition? Resolution Draft 1 . Draft No.1 is a resolution I prepared. . Section 1. Pursuant to RCW 35A.11.080, . . the City Council of the City of Port Angeles, . . . hereby declares its intention to adopt for the City the powers of initiative and referendum in accordance with the provisions of state law. 2 What are the Two Resolutions . Draft No. 1: - It is comparable to resolutions adopted by many other code cities. - It says the City Council will adopt full I & R powers in accordance with the provisions of state law. - It states that the City will have all the I & R rights possible under state law, but the City will recognize and be subject to the limitations of state law. Resolution Draft 3 Section I. Pursuant to RCW 35A.11.080, . . the inhabitants of the City ofPort Angeles, . . . have decided to adopt the powers of initiative and referendum as described in the petition certified by the County Auditor on February 16, 2006. Resolution Draft 3 . The resolution labeled Draft No. 3 is suggested by the petitioners' attorney, Gerald Steel. - This suggested resolution asks the City to adopt a resolution exactly as described in the petition that was circulated for signatures. - Replaces Draft No.2, first offered by Mr. Steel. Resolution Draft 3 Section 2. The City of Port Angeles hereby declares its intention . . . that the powers . . . shall include all those already delegated. . . , excepting onlv those exclusions cited in RCW 35A.l1.090 through RCW 35A.11.1 00 as now or subsequentlv amended. The City of Port Angeles declares its intention that the sole restrictions to be placed on exercise of these powers shall be those enacted through the state legislative process for statewide applications as now or hereafter amended. ... 3 Two Resolutions . They are Different. . Differences are Important. Excerpted Gerald Steel letter to Council . RCW 35A.02.020 ... makes it mandatory for the City Council to adopt a resolution that declares that the plan for the initiative and referendum powers shall be that "specified in the petition." . Draft No.2 includes this required language. . Draft No.1 does not. . . . Excerpted Gerald Steel letter to Council February 27, 2006 . I am writing this letter on behalf of the Concerned Citizens for Port Angeles (Concerned Citizens). .... I find Draft No.1 legally unacceptable. . . . . .... Draft No. 2 is consistent with the provisions of RCW 35A.02.020 in that the Resolution reflects that the initiative and referendum powers are to be those "specified in the Petition." Excerpted Gerald Steel letter to Council . We request that you adopt Draft No.2... We request that you not adopt Draft No.1 because it does not provide . . . that the powers will be as specified in the Citizen Petition. Gerald Steel 4 Excerpted Opinion from MRSC March 10,2006 . There are some limitations that are outlined in RCW 35A.11.090".... . In addition to the statutory limitations, the Washington Supreme Court has adopted two tests to determine if an ordinance is beyond the scope of. .. initiative or referendum. Excerpted Opinion from MRSC . The second test is whether the underlying grant of authority . . . is to the city as a corporate entity or to its legislative authority (which is the city council for cities). - If the grant of authority is to the city as a corporate entity, . . . [I&R] is permissible. - If the grant of power is to the legislative authority of the city, then (I&R] is prohibited. Excerpted Opinion from MRSC . Basically, the first test is whether the underlying action is administrative or legislative in nature. - If it is legislative in nature then it may be subject to initiative - but if it is administrative in nature, then it is not subject to the power of initiative and referendum. Excerpted Opinion from MRSC . In summary, there are limitations on . . . [I&R] in the state statutes and also limitations that have been imposed by the courts. . These limitations apply to the exercise of the power of [I & R] in all cities of the state. .. . . There is not any local action that can be taken that can expand the powers of [I&R] beyond the limitations imposed by the state legislature and the state courts. Patrick Mason, Senior Legal Consultant 5 Excerpted Opinion from Bond Counsel March 14,2006 . As bond counsel to the City, we want to be sure that any [I&R] powers adopted by the City are unambiguous and consistent with state law. . Otherwise uncertainties about the validity of bond authorization ordinances may interfere with our ability to provide the City with the approving legal opinion necessary for marketing the City's bonds. xcerpted Opinion from Bond Counsel . Unlawful Limitation on Judicial Power. _ If the City Council were to state "that the sole restrictions to be placed on exercise of [I&R] powers shall be those enacted through the state legislative process," the City would appear to be attempting to extend the powers of [I & R] to matters that the courts have excluded. . . . _ . . . , the express statutory exclusions set forth in RCW 35A.II.090 are only one source of limits on a code city's powers of initiative and referendum. The other source of limits . . . are numerous court decisions on this subject. Excerpted Opinion from Bond Counsel . I would not recommend that the City Council adopt the form of resolution labeled Draft No.2. . Draft No.2 includes additional language that is ambiguous at best and may describe initiative and referendum powers that conflict with what a code city is permitted to adopt. Excerpted Opinion from Bond Counsel . Unlawful Limitation on Statutory Rights. - The other defect in the provisions of Draft No.2 is the purported (and perhaps unintended) limitation on the authority of the people in the future to restrict or abandon the [I & R] powers. . . . _ The proposed statement of intent is "that the sole restrictions to be placed on exercise of [I&R] powers shall be those enacted through the state legislative process for statewide applications." - The City cannot adopt [I&R] powers today that would preclude future voters from exercising the authority granted them by RCW 35A.Il.080 to restrict or abandon those powers. 6 Excerpted Opinion from Bond Counsel . Compliance with RCW 35A.02.020. _ Mr. Steel argues that the provisions of RCW 35A.02.020 require the City Council to set forth in its resolution exactly those... powers "specified in the petition." In particular, he argues that the resolution must include the problematic provisions discussed above. _ It is impossible to tell from the statute whether quoting the exact language of a petition. . . is truly analogous to the requirement that a resolution "specifY" a plan of govermnent. Excerpted Opinion from Bond Counsel . For these reasons, our recommendation is that the City Council adopt Draft No.1 in response to the [I&R] petition. Preston Gates & Ellis LLP By David O. Thompson Excerpted Opinion from Bond Counsel . Compliance with RCW 35A.02.020. _ It would appear to be sufficient for the City Council's [I&R] resolution to "effect the decision of the inhabitants, as expressed in the petition," and Draft No. I does that. . In any case it cannot be required, under RCW 35A.02.020, for the City Council to incorporate incorrect and potentially unlawful language from the petition in its [I&R] ordinance. Summary: . There are numerous limitations on the exercise ofI&R powers in code cities. . They exist in statutes and in court decisions. _ Apart from RCW 35A.ll, there are at least 37 different statutes and chapters that have been found to limit I&R powers. _ There are numerous court cases that further define the limitations. 7 Summary: . The City Council does not have the power or authority to change those limitations. . In adopting I & R powers, the statute does not mandate that the City Council use the exact language of the petition. Issues: . The Alternatives create real and significant, not imagined, issues. . They are serious legal issues. . A number of potential consequences to the City follow from the decision. Alternatives . Adopt Resolution No.1 . Adopt Resolution No.3 . Adopt No Resolution Alternative: Adopt No Resolution . Why: - The petition seems to ask the City Council to adopt powers inconsistent with state law. - The City Council cannot validly act contrary to state law. - The City might be challenged (sued) if a resolution is not adopted. 8 Alternative: Adopt No Resolution . Why Not: - Even if the Petition is flawed, a sufficient number of voters expressed support for I&R powers. - City Council could recognize that expression of support and follow through with adoption of I&R powers. - The City might be challenged (sued) if a resolution is adopted on the basis of a legally flawed petition. Alternative: Adopt Resolution No.3 . Why Not: - Potential Legal Problems: . City Council cannot change or disregard the limitations imposed under state law - Ignores limitations on I&R powers in other state statutes - Unlawful Limitation on Judicial Power -- ignores limitations on I&R powers in state court rulings. . Interferes with City's bonding capability Alternative: Adopt Resolution No.3 . Why: - Incorporates the language ofthe petition, exactly as written. - The City might be challenged (sued) ifthis resolution is not adopted. Alternative: Adopt Resolution No.3 . Why Not: - Potential Legal Problems: . Ambiguous language may describe I&R powers that conflict with what a code city is permitted to adopt . Unlawful limitation on statutory right to restrict or abandon I & referendum powers. . City Council cannot incorporate unlawful language from the petition in its I&R ordinance. - Not Necessary for Compliance with RCW 35A.02.020. - The City might be challenged (sued) if this resolution is adopted. 9 ~ Alternative: Adopt Resolution No.1 + Why: - It adopts all I & R powers possible to code cities to the full extent allowed by law. - It does not carry the potential legal problems inherent in resolution Draft No.3. Recommendation: Adopt Resolution No.1. Alternative: Adopt Resolution No. 1 + Why Not: - It does not incorporate the exact language of the petition - The City might be challenged (sued) if this resolution is adopted. In Summary: . There are arguments in favor and arguments against each of the alternatives. + This is a decision that must be made by the City Council. 10 Port Angeles City Council ~iD · ~ March 21,2006 Here's what should be done: 1. The registered voters of the City of Port Angeles have filed a petition with the City of Port Angeles pursuant to RCW 35A.11.080 and 35A.02.020 seeking the right to exercise in the City the powers of initiative and referendum; 2. The Clallam County Auditor pursuant to RCW 35A.29.170 and 35A.01.040. . . has determined the sufficiency of the petition and has filed with the City Council a certificate of sufficiency of the petition, as required by RCW 35A.02.020; 3. Therefore, as required by RCW 35A.02.020, the City Council hereby declares that the inhabitants of the City of Port Angeles have decided to adopt, and to have the right to exercise, in the City of Port Angeles the powers of initiative and referendum as set forth in the petition, to wit: "Those full and unrestricted powers of initiative and referendum which are permitted by RCW 35A.11.080 through RCW 35A.11.1 00. The powers requested for the citizens include all those already delegated by the Legislature to the City legislative body, excepting only those exclusions cited in RCW 35A.11.090 through RCW 35A.11.100 as now or subsequently amended. The sole restrictions to be placed on exercise of these powers shall be those enacted through the state legislative process for statewide application as now or hereafter amended. Initiative and referendum powers are to be exercised in conformity with RCW 35.17.240 through 35.17.360, a now or hereafter amended" . 4. Pursuant to 35A.02.020, this resolution shall be published at least once in a newspaper of general circulation within the City of Port Angeles not later than ten days after the passage of this resolution. 5. Notice is hereby given that upon the expiration of the ninetieth day from, but excluding the date of, first publication of this resolution, if no timely and sufficient referendum petition has been filed pursuant to RCW 35A.02.025, as now or hereafter amended, as determined by RCW 35A.29.170, the City Council at its next regular meeting shall effect the decision of the inhabitants, as expressed in the petition, by passage of an ordinance adopting for the city the powers of initiative and referendum. ...PORT ANGELES CITY COUNCIL......... ~. do Jf:1 ~ MARCH 21, 2006 ... WASHINGTON STATE LAW, AS YOU ALL SHOULD SUREL Y "KNOW" BY NOW - BY ALL OF THE STALLING THAT HAS TAKEN PLACE BY THE CITY - REQUIRES THAT YOU ACCEPT THE CITIZEN'S PETITION FOR THEIR RIGHTS OF INITIATIVE AND REFERENDUM. ...ARTICLE 1, SECTION 1 OF THE WASHINGTON STATE CONSTITUTION - DECLARATION OF RIGHTS - POLITICAL POWER READS: ......... "All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights. " ...OVER 4,000 CITIZENS HAVE NOT ONLY TOLD YOU WHAT THEY ARE LEGALL Y ENTITLED TO - BUT WHAT THEY WANT - SUPPORTED BY THEIR VALID SIGNATURES. ...RECOGNIZING THAT IF YOU DO NOT ACCEPT THE PETITION (DRAFT #3) TONITE - THEN THE ONLY PLAUSIBLE EXPLANATION IS THAT YOU DO NOT WANT TO RECOGNIZE THE OFFICIAL REQUEST OF THOSE 4,000 (PLUS) CITY CITIZENS - AND THEIR PETITION OF THEBROADEST RIGHTS OF INITIATIVE AND REFERENDUM - THAT IS A V AlLBLE TO THEM AS PRESCRIBED BY LAW. AND - GERALD'S LETTER... CONCERNED CITIZENS FOR PORT ANGELES PAUL LAMOUREUX, COORDlNATOR... ',c "r~>::~/.}' . ... :t,V./(-' GERALD STEEL, PE ATTORNEY-AT-LAW 7303 YOUNG ROAD NW OLYMPIA. WA 98502 Tel/faX (360) 867-1166 March 20, 2006 Port Angeles City Council c/o William Bloor Port Angeles City Attorney PO Box 1150 Port Angeles, W A 98362-0217 RE: Resolution of Intent to Adopt Initiative and Referendum Ordinance Honorable Members of the City Council: I am writing this letter on behalf of the Concerned Citizens for Port Angeles. Weare satisfied that the adoption of Draft No. 3 that we obtained on March 17, 2006 will..fulfill the non- discretionary legal obligation Of the City Council to adopt a resolution that declares the intent of the inhabitants of the City to adopt the powers of initiative and referendum as directed by the Petition that we filed. My legal opinion is based on the statutory language in RCW 35A.02.020 which is applicable to th~ petition method of implementing initiative and referendum powers and which states, '"the legislative body of such city or town shall, by resolution, decl~ that the inhabitants of the city or town have decided to adopt [initiative and referendum powers as described in their Petition]." Draft No. 1 is unacceptable and does not satisfy the legal obligation described above. Draft No. 1 would be an acceptable action by the City 011ly if no sufficient petition had been filed by the citizens. cc: Concerned Citizens for Port Angeles . RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, . declaring support for expanded mental health and chemical dependency treatment in Clallam County by imposing an additional 1/10 of 1 % sales tax. WHEREAS, the State of Washington has provided legislation (E2SSB 5763) to expand mental health and chemical dependency treatment in our county, and WHEREAS, all three District. 24 state legislative representatives (Sen. Hargrove, Rep. Buck and Rep. Kessler) know of the needs of our community and voted affirmatively for the bill, and WHEREAS, citizens with mental health and substance abuse heavily impact our community law enforcement and health care systems, and . WHEREAS, 80% of the jail population have mental health and/or substance abuse problems, and WHEREAS, the majority of our community's children who are referred to the juvenile justice system also have mental health and substance abuse problems, and WHEREAS, citizens with these problems also account for 89% of the frequent users of hospital emergency rooms, and WHEREAS, research has shown that treatment is more cost effective than other mechanisms to deal with citizens with mental health and substance abuse problems, and WHEREAS, we desire to serve our citizens in the most cost effective way, and WHEREAS, the funds derived from a 1/10 of 1 % increase in the sales tax will be collected and distributed locally, and . G -7 WHEREAS, the cities of Clallam County will have a representative on the advisory committee making recommendations for the expenditures of this funding, and WHEREAS, the City has provided to the public an opportunity to comment, pro and con, on this issue in open public meeting at its regular Council meeting on March 21, 2006. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Port Angeles as follows: The Port Angeles City Council does hereby give its full and unqualified support to expanding mental health and substance abuse treatment in Clallam County by imposing a dedicated tax of 1/10 of 1 % sales tax. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 21st day of March, 2006. . . Karen A. Rogers, Mayor ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney G:\LegaL Backup\ORDINANCES&RESOLUTIONS\R2006-07.Sales Tax Support.031406.doc . G - 8 2 Why do we need to expand mental health and subs ce abuse treatment in Clallam County? - ;to ~;[ d .;eR.1 - l)t.p Lack of services for mental health and/or substance abuse is costin!! us.. . In 2005 Clallam CPS removed twice as many children as in 2004. - 80% cases involved drug abuse . Clallam County Sheriff estimates that 80% of the inmates have substance abuse problems . Olympic Medical Center reported approx.$6 million of uncompensated emergency room visits in..2oo5 (A Washington State study found that 890./0 of patients making 31 or more ER visits per year had mental health and/or substance abuse problems) · Public Mental Health served 2480 clients between July 2004 and June 2005. Treatment for these twoeonditions ~uces use of ~oaver serviees *Chemically dependent persons (alcohol and/or drogs) if treated has been shown to reduce their subsequent involved with a felony offense by 34% - a great savingsto the court and jail system . Treatment for chemically dependent persons in crisis saves over $3000 per person to state medical programs and approximately $1000 per person in emergency room costs. . Untreated chemical dependency clients on S8I have almost double the Medicaid medical, mental health and nursing home costs than treated clients. .Homes in which methamphetamine is produced is officially a "toxic waste site" and must be cleaned up using protective gear. A serious pOtential negative impact on home values. I A uositive storY - orovidim! treatment made a bil, _erence * Under President Nixon, the federal budget funded drug treatment sufficiently to reduce waiting lists in every llU\ior city. In the first five months crime rates dec:reased &om .16% to 30% in every major city. By spring of 1973 federal and state inmate populations fell and some jails bad excess capacity. The D.C. Police Chief testified before Congress that he believed much of the decline in crime was a result of expanded treatment facilities. ("The Fix" by Michael Massing pgs 119 -130) ~D a " touph OD dl'HS" witllout treatment was aD e:measive '''',re -, .In 1996 NYC Mayor Guiliani declaration, a war on drogs which included increased ppolke patrols, increased arrest rates but did not increase treatment for drog users. The. result? A rise in jail costs to $800 million to house 18,000 to 21,000, more than a third were drog offenders. The additiQna1 money came out of the budgets of health care and education. When Mayor Guiliani ciunpaigned for aseamd term he stated drogs continued to be NYC s biggest problem - an admission that the single approach of arrest and lock up had NOT been successful. Also Cbildrens Services were reorganized as a response to a high profile case of a drug abusing parent, but drog treatment dollars were not increased. Over the next four years there was no decliri.e in child abuse and neglect cases. (The Fix" by Michael Massing page 256 -2S7) ..;...... 'j; '- ; .~.'~ < !\'~~'i ,; \ ,,::/. ),,)~,., .,.,..1 ","~4F,.t '\ ...y:' "~):;'.::,,<\f " (What can we do in Clalliun Cc)untv and how much will it cost? , ~, · Last year Senator Hargrove was the prime sponsor of a bill to expand treatJ:nent for mental health and substance abuse. The bill passed with overwhelming bipartisan support. It allows local county commissioners to impose 1/10 of 1 % on the sales tax. ALL funds MUST be used to expand treatment. · The median income inClallam County is $45,000. Backing out non taxable spending, such as rent, mortgage payments, food, drugs, etc., leaves approximately $20,000 IF this total sum was spent in Clallam County on taxable items total bill would be $201 year. · In addition to mandating that all tax revenues collected by the 1/10 of 1 % increase in the sales tax MUST be used to expand mental health and/or substance abuse treatment Clallam County must also establish ,a family therapeutic court. What is a FamilY Theraoeutic Court? It is a court with special calendar for treatment to parents and families with substance abuse and/or ~~nt1llhetllth issuesin!olvedjlldependency cases. It is designed to achieve reduction in.,<:~ild 'abuselnegIect,'ioutofhomeplaeementS;termination ofparental right, SA or MHsymptom~tifpaients~ guardians and children. DepartI1lent of Social and Health Services would furnish services , unless court contracts with outside providers.]t must include an evaluation component, including success rates of reunifications. ' · There are 5 FrC's.in Washington , · SaD Diego County eut the costs of foster eare from 52 million to S 1 million as result of their court - · Studies have shown FrC's decrease the rate families repeat back into CPS, better reunification rates and decreased costs to both OCFS and the Courts. · Treatment would be available for both mental health and substanceBbuse. Who will decide how to I_ad the dollan? A citizen advisory committee representing public and providers of treatment"law enforcelpent, city governments, tribal governments, division of children and family services, schools, hospitals, consumers, advocates, public health, juvenile services and the judge from the therapeutic court will develop the plan on what to fund and the requirements for evaluation of services provided. They win also'issue an annual report to the community. Ifyoa believe 0........ County would be weDse"" by iac~ tree_eat and services' for mentaDv ill and lulJstaaee abuiJU! we Deed yowr laelD In tile f~ wavsl 1. Have conversations with your friends, neighbors and family members about this issue 2. Ask them to sign your petition. .They can also write, call, 01' email, the County Commissioners To share their personal additional thoughts on the issue. Clallam County.Commissioilers - Steve Tharinger, Mike Chapman and Mike Doherty 223 E. 4th 8t - Port Angeles, Wa 98362 phone :360-417-2233 email:commissioners@co.cllallam.wa.us for all three County Commissioners, County Administrator and secretary. She will place a copy in the public record. 3. Piau to attead tile public Jaeariag before tile COUIIty COIIUDissionen wiD be set for Mare' 28 -10:30 a.m. @ Commu.ioaell Room - Couaty Courthouse - Support for expansion of mental health and substance abuse treatment bYllmposing 1110 of 1 % sales tax increase. I wholeheartedly endorse the implementation of a local option sales tax of one tenth of on percent in our county to increase mental health and subs1ance abuse treatment, as well as, establish a family therapeutic court for dependency proceedings> Such an increase in these sofeiy needed resources would produce tremendous savings to the citizens of our county in terms of cosfs for the criminal justice system. It would mean that people would be receiving help for their problems instead of being placed in jail. The end resul1s win be a safer and healthier community for everyone. C1allam County Sheriff Joseph A Mar1in "Untreated mental health and substance use conditions place a heavy e<:onomic and social. burden on our community and result in needless pain and suffering. "This initiative Isa smalllnveetment that,.VJi.U..~~Iwb~".!iivJdendS ac~.,~_'!Iily, econo'!1lc,J1eal~. and legaI.~.ofOurcouhly"':,:.:'i:'-' - Bryon Monahan, Forks City Councilman As Mayor of Sequim and President of the Economic Development Council of CIaIIarn County, I . . support adoption and implementation of the 1110 th of 1% sales tax increase in ourcounty....1vJ a public .~.:. .., ,- -> official, I see the effects of untreated mental health and the damage of substance abus8 has on our children and their families Walt Schubert, Mayor and Council Member, City of Sequim and CIaIIam County Economic Development Council, President 2006 .....many of the patients I saw at PAARC Clinic over 4 years and now at VIMO Clinic this past year, were seen because they had serious mental illness and no other help avaHable due to lack of fin~ncial resources. Others, who had a bit of insurance, have not had funds for needed medications. owr the years medial services and Prescriptions drugs have become'so expensive many in need are left unaided. Ed Hopfner. M.D. Founder of PAARC ( free clinic) The sad fact is that many, if not most, children of drug addic1s and mentally ill persons are victimized over and over again until they are traumatized to the point of dysfunctionaDty. . The burden to society then increases exponentially. I am convinced that the 1/10 of 1% local sales and use tax would help save some of these mistreated children and affected adults from a lifetime of suffering and illness. I know that the need for this type of intervention in CIallam County is huge and that, in the long terl11, the cosfto benefit ratio would be high. Port Angeles Po6ce Chief Tom Riepe ~ .. This is an important opportunity to address an issue that not only our community. but all communities face. I support the effort to expand mental health and substance abuse treabnenl Karen Rogers. Mayor of Port Angeles Every day in our cOnic we see children whose emotional and physical health is negatively impacted by mentaJ health and substance abuse problems in the family. The lack of services for children with mental health problems in C1a1lam County is appamng. The alanningly high incidence of methamphetamine abuse is destroying young families. forcing many children into foster care. Pedia1ricians of Peninsula Children. s Clinic ( Drs. Harrington, Wegmann. Shubkin. Chapman. Weller. Bullen. Bay and Turner-Wolfe C.P.N.P~ As an elementary teacher. I have seen first hand how add"lCtions cripple families. Chtldren suffer. have difficulties learning and often drop out of school. Society pays the price in increased crime. crowded jails and poverty; We must stop the cycle at ifs'Source. People-with:addlctiOn;o{mentaltieaJttrJjrObl8ms need affordable services. It gives their children a future. Patty Welden. - Elementary Teacher . Crescent School District The ClaHam County Juvenile and Family services is degling with an ever increasing population of youth who are struggling With drug/alcohol use and mental health disorders. Diagnosis and treatment of these conditions is the first step to reducing the reliance upon lock up facilities - both juvenile and adult. Treatment is one of the answers. It is imPerative that action. be taken to address the mental health, drug and alcohol crisis our community's youth. Diagnosis and treatment needs to oCcur prior to criminal behavior and also needs t~ be available after they are in the justice system. The Therapeutic Family Court will assist parents and children from spiraling deeper into the system Pete Pe~rson, Director of Clallarn County Juvenile and Family Services As a mother of seven adopted children, I have seen first hand the problems of substance abuse and of mental health issues. We need to do everything in our power to help people experiencing these problems. The consequences spiral beyond the individual and impact the children and the community. These problems become our problems. We can help. Cynthia Martin, Ph.D. , President Parenting Matters Foundation Our schools have seen a steady increase of students coming into the district with increased learning disabilities and behavior problems. often coming from families that are affected by substance abuse. These children come to school ill-equipped to learn and often times out of control. All agencies in our county must work together to help people get the treatment they need. Elna Kawai, Fonner Sequim School Board Member (99-06) . DATE: To: FROM: SUBJECT: ~ORTANGELl~S WAS H I N G TON, U. S. A. CITY COUNCIL MEMO MARCH 21, 2006 CITY COUNCIL SCOTT K. JOHNS / Preliminary approval of E . s Creek Subdivision Summary: The review for preliminary approval the subdivision of four 5-acre parcels into 20 residential lots know as Ennis Creek Subdivision. Recommendation: Concur with the Planning Commission recommendation and approve the preliminary subdivision with the attached 8 Conditions, 22 Findings, and 5 Conclusions. . Backf!round / Analvsis: The proposal is the subdivision of a site comprised of 5 parcels to be subdivided into 20 single family residential lots and one large open space tract. The site is located along both sides Del Guzzi Drive. Del Guzzi Drive is developed to the City's urban standards with paved surface, curbs and gutter. All utilities are in place. The area is zoned RS-9 and the lots all meet the minimum standards for. area. One large tract is being established and will contain the environmentally sensitive area of the Ennis Creek ravine and the creek itself. The developer is in negotiation with the North Olympic Land Trust regarding deeding the area to the Land Trust. The residential lots will be located adjacent to the roadway and above the fmal slope down to the creek. A physical barrier delimiting the top of the creek ravine will be required to separate the environmentally sensitive area from the residential lots. Attachment: Conditions, findings, and conclusions Planning Commission minutes excerpt Staff Report . T:\SUB\Ennis Creek Estates ludwick 2\CityCouncilmemo.doc . H - 1 . . . HD2 . . . CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF PRELIMINARY APPROV AL OF THE ENNIS CREEK SUBDIVISION. Conditions: 1. All necessary easements for access, drainage, and utilities shall be shown on the final plat. All residential structures shall be fitted with fire sprinkler systems. Electric utility service to the subdivision shall be underground. Individual lot owners shall submit stormwater management plans as part of building permit applications. Building setbacks shall be identified on the final plat and address numbers placed on the lots, which will be provided by the Public Works and Utilities Department. The sensitive area tract shall be recorded per the requirements of the City's Environmentally Sensitive Areas Protection Ordinance. Prior to issuance of any clearing and grading permits, the Ennis Creek ravine sensitive area tract shall be identified by a split rail fence indicating the limit of the 25- foot buffer at the top of the bank as shown by survey with signage indicating that the ravine and Ennis Creek are Environmentally Sensitive areas. Signage shall be placed at locations that may provide access to the public. Erosion and sedimentation control measures shall be in place prior to grading or placement of utilities. 2. 3. 4. 5. 6. 7. 8. Findings of Fact: 1. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the approval of subdivisions. RCW 58.17. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform division of land within the State of Washington. Section 58.17.110 requires a city to inquire into the public use and interest proposed to be served by the establishment of a subdivision. It shall determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and 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. Section 16.08.050(B)(l) 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 Division. The City Council shall either approve or disapprove the proposed preliminary plat at a public meeting. 2. 3. H-3 4. The Port Angeles Public Works and Utilities, Light, Parks, and Fire Departments reviewed the proposed Subdivision. Their comments have been incorporated in the Department's recommendation. 5. Preliminary approval is based upon a drawing dated received December 30, 2005, prepared by Zenovic and Associates. 6. The subject property is identified as Low Density Residential and Open Space on the Port Angeles Comprehensive Plan Land Use Map. 7. The proposal has been reviewed with respect to the Comprehensive Plan. The following Comprehensive Plan policies are found to be most relevant to the proposal: Growth Management Element Goal A; Land Use Element Goal A, Policy A.2, Goal B, Policy B.1, B.2, B.3,and BA, Goal C; Transportation Element Goal A, Policy A.3, A.6, and B.l1; Utilities and Public Services Element Policy C.2; Capital Facilities Element Goal A, B, Policy B.1, B.3, BA, B.5, B.6, B.7, C.2, C.3, CA, C.5, and C.7. 8. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service and electrical service (Capital Facilities Element Policy A.9). 9. The City's Comprehensive Plan (Land Use Element Policy BJ) states that development should be designed to further the grid system pattern. Preliminary approval will be based upon the dedication ofright-:of-way to ensure compliance with the policy. 10. The subject property is identified by the Port Angeles Zoning Map as Residential Single Family (RS-9) which allows a density of up to 4.84 dwelling units per acre on minimum 9,000 square-foot lots, and Public Buildings and Parks (PBP). The proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000 square feet in size. No residential development will occur in the area zonedPBP. 11. The site is surrounded by other residential uses located in the RS-9 zone with the Peninsula Golf Course located to the west in the PBP zone and commercial uses along the Highway .101 corridor to the north. 12. The site is currently served by Del Guzzi Drive, which is neither an arterial, a designated school walking route, or a designated bicycle route. 13. Ennis Creek and the Ennis Creek ravine are environmentally sensitive areas located on the site. The site slopes downward from west to east toward the creek. No residential development will be allowed in the environmentally sensitive area. 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. 14. Transit service is available along Highway 101 approximately ~ mile north of the site. 15. 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. 16: The Port Angeles School District has been notified of the development to allow them to plan for needed public school facilities and routes. School bus pick-up is not available to the site at this time. Port Angeles School District will evaluate the need for school bus service on a yearly basis. 17. 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. 18. All utilities including potable water, sanitary waste, and refuse collection are available in the area. . 19. The site will be serviced by the City's Police, Fire, and Public Works Departments. H-4 . . . . . . 'rl:1::';~"i:'i-"~~~'::f:'7''{'1:.'<':;'; ,- . t,;;!i':'-1;-'; /i,;\::~','W'-;'1i.i:1~Y;1,~t'.., '(,',.:if'" A \-', ..", -:;1,;"" !~;, ".--' 'ii, 20. The City's State Environmental Policy :~BhsEP A) Official issued a Determination of Nonsignificance (DNS #1141) on February 13,2006, therefore satisfying the City's responsibility under the Act. ...... Improvements to Del Guzzi Drive have been made to City street standards. No further utility improvements are required. The Planning Commission's decision is a recommendation to the City Council. The Commission acts as the City's hearing body for preliminary subdivision approval. Reports are advisory only to ensure conformance of the proposed subdivision to the general purposes of the City's Comprehensive Plan and to planning standards and specifications adopted by the City. 21. 22. Conclusions: 1. As conditioned, the preliminary 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 ot 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 sensitive nature of the critical area will serve to protect the creek and slopes. As conditioned, thepublic 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 March 21, 2006 Karen A. Rogers, Mayor Becky 1. Upton, City Clerk H-5 . . . H-6 . . . Planning Commission Minutes February 22. 2006 Page 1 PRELIMINARY SUBDIVISION - ENNIS CREEK SUBDIVISION - A preliminary subdivision ofpropertv located in the RS-9 Residential Single Family zone creating 19 single family. building sites.. Associate Planner Scott Johns presented the Department's report recommending approval of the preliminary subdivision as proposed. Chair Rasmussen opened the public hearing. Steve Zenovic, Zenovic and Associates, 519 South Peabody represented the applicant. Mr. Zenovic basically agreed with the staffs analysis and recommendation and briefly noted that the property was purchased from the City, and that the proposal is to provide 20 residential building sites and a remnant parcel of approximately 17.5 acres that encompasses Ennis Creek and its ravine. The property .owner is working to dedicate the sensitive area to the North Olympic Land Trust. Mr. Zenovic commented that the main stormwater system is already in place. He I believes that, since there are no street related stormwater improvements to be made, a better solution for stormwater control is to require each lot to develop stormwater plans consistent with 1992 stormwater regulations during development. Following continued discussion, Commissioner Kidd moved to approve the preliminary subdivision citing the following conditions, fIndings, and conclusions: Conditions: 1. All necessary easements for access, drainage, and utilities shall be shown on the fmal plat. All residential structures shall be fitted with fire sprinkler systems. Electric utility service to the subdivision shall be underground. Individual lot owners shall submit stormwater management plans as part of building permit applications. Building setbacks shall be identified on the fmal plat and address numbers placed on the lots, which will be provided by the Public Works and Utilities Department. The sensitive area tract shall be recorded per the requirements of the City's Environmentally Sensitive Areas Protection Ordinance. Prior to issuance of any clearing and grading permits, the Ennis Creek ravine sensitive area tract shall be identified by a split rail fence indicating the limit of the 25-foot buffer at the top of the bank as shown by survey with signage indicating that the ravine and Ennis Creek are Environmentally Sensitive areas. Signage shall be placed at locations that may provide access to the public. Erosion and sedimentation control measures shall be in place prior to grading or placement of utilities. 2. 3. 4. 5. 6. 7. 8. H-7 Planning Commission Minutes . February 22. 2006 Page 2 Findings: 1. Chapter 16.08 of the Port Angeles Municipal Code (FAMC) sets forth local requirements for the approval of subdivisions. RCW 58.17. 2. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform division of land within the State of Washington. Section 58.17.110 requires a city to inquire into the public use and interest proposed to be served by the establishment of a subdivision. It shall determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shalL consider all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school and whether the public interest will be served by the subdivision. A proposed subdivision shall not be approved unless the city can make written findings that these provisions are made. 3. Section 16.08.050(B)(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 Division. The City Council shall either approve or disapprove the proposed preliminary plat at a public meeting. . 4. The Port Angeles Public Works and Utilities, Light, Parks, and Fire Departments reviewed the proposed Subdivision. Their comments have been incorporated in the Department's recommendation. 5. Preliminary approval is based upon a drawing dated received December 30,2005, prepared by Zenovic and Associates. 6. The subject property is identified as Low Density Residential and Open Space on the Port Angeles Comprehensive Plan Land Use Map. 7. The proposal has been reviewed with respect to the Comprehensive Plan. The following Comprehensive Plan policies are found to be most relevant to the proposal: Growth Management Element Goal A; Land Use Element Goal A, Policy A.2, Goal B, Policy B.1, B.2, B.3, and BA, Goal C; Transportation Element Goal A, Policy A.3, A.6, and B.11; Utilities and Public Services Element Policy C.2; Capital Facilities Element Goal A, B, Policy B.1, B.3, BA, B.s, B.6, B.7, C.2, C.3, CA, C.5, and C.7. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service and electrical service (Capital Facilities Element Policy A.9). The City's Comprehensive Plan (Land Use Element Policy B.3) states that development should be designed to further the grid system pattern.. Preliminary approval will be based upon the dedication of right-of-way to ensure compliance with the policy. The subjectproperty 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 on minimum 8. 9. 10. .' H-8 . . . Planning Commission Minutes February 22. 2006 Page 3 9,000 square-foot lots, and Public Buildings and Parks (PBP). The proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000 square feet in size. No residential development will occur in the area zoned PBP. 11. The site is surrounded by other residential uses located in the RS-9 zone with the Peninsula Golf Course located to the west in the PBP zone and commercial uses along the Highway 101 corridor to the north. 12. The site is currently served by Del Guzzi Drive, which is neither an arterial, a designated school walking route, or a designated bicycle route. 13. Ennis Creek and the Ennis Creek ravine are environmentally sensitive areas located on the site. The site slopes downward from west to east toward the creek. No residential development will be allowed in the environmentally sensitive area. 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. 14. Transit service is available along Highway 101 approximately Y2 mile north of the site. 15. 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. 16. The Port Angeles School District has been notified of the development to allow them to plan for needed public school facilities and routes. School bus pick-up is not available to the site at this time. Port Angeles School District will evaluate the need for school bus service on a yearly basis. 17. 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. 18. All utilities including potable water, sanitary waste, and refuse collection are available in the area. 19. The site will be serviced by the City's Police, Fire, and Public Works Departments. 20. The City's State Environmental Policy Act (SEP A) Official issued a Determination of Nonsignificance (DNS #1141) on February 13,2006, therefore satisfying the City's responsibility under the Act. 21. Improvements to Del Guzzi Drive have been made to City street standards. No further utility improvements are required. 22. The Planning Commission's decision is a recommendation to the City Council. The Commission acts as the City's hearing body for preliminary subdivision approval. Reports are advisory only to ensure conformance of the proposed subdivision to the general purposes of the City's Comprehensive Plan and to planning standards and specifications adopted by the City. H-9 Planning Commission Minutes February 22, 2006 Page 4 . Conclusions: 1. As conditioned, the preliminary subdivision is consistent with the Port Angeles Comprehensive Plan and Zoning Code. 2. As conditioned, the proposal is consistent with the Port Angeles Subdivision Ordinance, Chapter 16.08 PAMC, and the Washington State Subdivision Act, Chapter 58.17RCW. 3. 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. 4. Signage educating residents and visitors to the sensitive nature of the critical area will serve to protect the creek and slopes. 5. 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. Commissioner Johnson seconded the motion, which passed 5 - o. . . H - 10 . TO: FROM: DATE: RE: APPLICANT: OWNER: LOCATION: . PROPOSAL: ,'I:' 'f'),..':;.; -, ~ORTANGELES e7FILE WAS H I N G TON, U. S. A. COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT Planning Commission Scott Johns, Associate Planner Febmary 22, 2006 Preliminary Subdivision - Ennis Creek Subdivision Bill Ludwick Same Located on both sides of Del Guzzi Drive, approximately ~ mile south of Highway 101 near the easterly City limits, in the southwest ~ of Section 12, To~ship 30 North, Range 6 West, WM, Clallam County. Subdivide four existing 5-acre tracts into 20 single-family residential lots and an open space tract. PROPERTY CHARACTERISTICS: The property is described as being Parcels 2, 5, 6, 7, and 8 of the Survey of Ennis Creek Subdivision as filed in volume 11 of Surveys, Page 44, Clallam County records. The 25-acre site consistes of five parcels situated along the Ennis Creek ravine. The lots are irregular in shape, having long narrow legs that extend northward nearly to Highway 101. Del Guzzi Drive bisects three of the existing lots. The proposed lots are all situated on the upper slopes of the area leading to the Ennis Creek ravine. The area is forested with mature trees and a diverse understory of native vegetation. The Ennis Creek ravine is an environmentally sensitive area defined by P AMC 15.20.030(E). Portions of the site exist on more gentle slopes or bench areas along the creek corridor that lend themselves to building sites. Previous development proposals on the site have resultyd in the construction of Del Guzzi, Drive and associated utilities for stormwater drainage, sewer, water, and power. The property is zoned RS-9, Residential Single Family and PBP, Public Buildings arid Parks. Land uses surrounding the proposed subdivision include the Peninsula Golf Course to the . west, recently created but yet undeveloped single-family residential lots to the south, single-family residential uses on larger lots to the southeast, commercial uses to the north along the Highway 101 corridor, and Monroe School to the east. . H -11 Ennis Creek Subdivision February 22, 2006 Page 2 DEPARTMENTAL REVIEW: . The Fire Department had no objections. All homes within this subdivision will require residential sprinkler systems. The City Light Department Underground electrical facilities are designed and paid for, but have not yet been scheduled for installation. The Public Works and Utilities Department had no concerns with the proposed subdivision and had the following comments: 1. Utilities are available in Del Guzzi Drive. 2. Water main - SVC lines/ with meters to be extended to each lot at the time of construction on lot to be installed by City forces through the permit process with associated fees. 3. Sanitary sewer main- Lateral lines to be extended to each lot by contractor through the permit process with associated fees. The Building Department did not comment. Planning Division: The preliminary subdivision sketch indicates a 20-lot subdivision proposal with a large open . space tract. The lots range in area from 9,533 square feet to 18,611 square feet with one irregularly shaped lot being 40,540 square feet in area. All the lots will be accessed from Del Guzzi Drive. Del Guzzi Drive is classified as a local access street and is developed with curb and gutter, however, no sidewalks exist on either side of the street. Del Guzzi Drive is not a school walking route. All utilities have been installed and are available for connection. The large open space tract will encompass the Ennis Creek ravine and provide a degree of protection to the environmentally sensitive area. PUBLIC COMMENT: Property owners within 300 feet of the proposed subdivision were mailed notice of the proposal on January 12, 2006. The property was posted on January 17, 2006, and publication appeared in the Peninsula Daily News on January 20, 2006. COMPREHENSIVE PLAN: Designation The Comprehensive Plan establishes the long-range goals and policies of the City. It is the basis upon which City officials are tomake land use decisions. Any project proposed in the City must be consistent with the goals and policies of the Comprehensive Plan. The Comprehensive Plan and Land Use Map identifies the site as Low Density Residential (LDR). The Low Density Residential designation allows an overall residential density of a project to range up to 7 units per. net acre and is.intended to be for the development of single-family homes. The site development . H - 12 . . . Ennis Creek Subdivision February 22, 2006 Page 3 proposal results in a development of 3.9 units per net acre. Specific Comprehensive Plan Goals, Policies, and Objectives relevant to this application are listed in Attachment "B" to this staff report. ZONING: 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 ofthe zone in which it is located. The Zoning Map identifies the site as Residential Single Family (RS-9). Specific zoning requirements are listed in Attachment "B". SUBDMSION ORDINANCE Chapter 16.08: The City's Subdivision Ordinance (No. 1631), codified as Chapter 16.08 of the Port Angeles Municipal Code, has been reviewed with respect to the proposal. Although the entire ordinance has not been cited, the development standards and policies found to be applicable have been cited in . Attachment "B": ENVIRONMENTAL REVIEW: A Determination of Non-Significance (DNS No. 1141) was issued for the proposal on February 13,2006. Ennis Creek crosses the site and is located in a ravine. The ravine and the creek are both considered Environmentally Sensitive Areas. The entire development is located on slopes above the creek, however the home sites are desigried to be above the top of the final slope to the creek. The City of Port Angeles requires that stream ravines be protected by a 25-foot buffer of undisturbed native vegetation, with an additional IS-foot building setback from the buffer. The ravine and buffer must be protected by the installation of a split rail fence along the outer edge of the buffer and signage indicating the presence of the environmentally sensitive area shall be placed on the fence. DEPARTMENTAL RECOMMENDATION: The Community and Economic Development Department recommends that the Planning Commission recommend approval of the preliminary subdivision with the conditions, fmdings, and conclusion identified in Attachment "A" to this staff report. Attachments: "A" Conditions Findings and Conclusions "B" Application H - 13 . . . . H - 14 . . . , J!' 1. 2. 3. 4. 5. 6. 7. 8. Ennis Creek Subdivision February 22, 2006 Page 4 ATTACHMENT A Conditions, findings of fact, and conclusions in support of the preliminary approval of the EIllis Creek Subdivision. Conditions: All necessary easements for access, drainage, and utilities shall be shown on the final plat. All residential structures shall be fitted with fire sprinlder systems. Electric utility service to the subdivision shall be underground. ) Individual lot owners shall submit stormwater management plans as part of building permit applications. Building setbacks. shall be identified on the final plat and address numbers placed 'On the lots, which will be provided by the Public Works and Utilities Department. The sensitive area tract shall be recorded per the requirements of the City's Environmentally Sensitive Areas Protection Ordinance. Prior to issuance of any clearing and grading permits, the Ennis Creek ravine sensitive area tract shall be identified by a split rail fence indicating the limit ()f the 25- foot buffer at the top ofthebanlc as shown by survey withsignageindicating that the ravine and Ennis Creek are Environmentally S~nsitive areas. Signage shall be placed at locations that may provide access to the public. Erosion and sedimentation control measures shall be in place prior to grading or placement of utilities. Findings of Fact: 1. Chapter 16.08 of the Port Angeles Municipal Code (P AMC) sets forth local requirements for the approval of subdivisions. RCW 58.17. 2. The Revised Code of 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 r~levant 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 shan not be approved unless the city can make written fmdings that these provisions are made. Section 16.08.050(B)(1) PAMC provides that the Planning Commissionshall 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 H - 15 3. Ennis Creek Subdivision February 22, 2006 Page 5 City Plamling Division. The City Council shall either approve or disapprove the proposed preliminary plat at a public meeting. 4. The Port Angeles Public Works and Utilities, Light, Parks, and Fire Departments reviewed the proposed Subdivision. Their comments have been incorporated in the Department's recommendation. 5. Preliminary approval is based upon a drawing dated received December 30, 2005, prepared by Zenovic and Associates. 6. The subject propertyis identified as Low Density Residential and Open Space on the Port Angeles Comprehensive Plan Land Use Map. 7. The proposal has been reviewed with respect to the Comprehensive Plan. The following Comprehensive Plan policies are found to be most relevantto the proposal: Growth Management Element Goal A; Land Use Element Goal A, Policy Ao2, Goal B, Policy B.l, Bo2, BJ, and BA, Goal C; Transportation Element Goal A, Policy A.3, A.6, and B.11; Utilities and Public Services Element Policy Co2; Capital Facilities Element Goal A, B, Policy B.l, B.3, BA, B.5, B.6, B.7, Co2, C.3, CA, C.5, and C.? 8. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service and electrical service (Capital Facilities Element Policy A.9). 9. The City's Comprehensive Plan (Land Use Element Policy B.3) states that development should be designed to further the grid system pattern. Preliminary approval will be based upon the dedication of right-of-way to ensure compliance with the policy. 10. The subject property is identified by the Port Angeles Zoning Map as Residential Single Family (RS-9) which allows a density of up to 4.84 dwelling units per acre on minimum 9,000 square-foot lots, and Public Buildings and Parks (PBP). The proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000 square feet in size. No residential development will occur in the area zoned PBP. 11. The site is surrounded by other residential uses located in the RS-9 zone with the Peninsula Golf Course located to the west in the PBP zone and commercial uses along the Highway 101 corridor to the north. 12. The site is currently served by Del Guzzi Drive, which is neither an arterial, a designated school walking route, or a designated bicycle route. 13. Ennis Creek and the Ennis Creek ravine are environmentally sensitive areas located on the site. The site slopes downward from west to east toward the creek. No residential development will be allowed in the environmentally sensitive area. 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. 14. Transit service is available along Highway 101 approximately ~ mile north of the site. 15. Building permits are required for all structures on the completed sites. Alll()cal building and Fire Codes shall be complied with during construction including residential sprinkler systems. 16. The Port Angeles School District has been notified of the development to allow them to plan for needed public school facilities and routes. School bus pick-up is not available to the site H - 16 . . . . . . Ennis Creek Subdivision February 22, 2006 Page 6 at this time. Port Angeles School District will evaluate the need for school bus service on a yearly basis. 17. 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. 18. All utilities including potable water, sanitary waste, and refuse collection are available inthe area. 19. The site will be serviced by the City's Police, Fire, and Public Works Departments. 20. The City's State Environmental Policy Act (SEP A) Official issued a Determination of Nonsignificance (DNS #1141) on February 13, 2006, therefore satisfying the City's responsibility under the Act. 21. Improvements to Del Guzzi Drive have been made to City street standards. No further utility improvements are required. 22, The Planning Commission's decision is a recommendation to the City CounciL The Commission acts as the City's hearing body for preliminary subdivision approval. Reports are advisory only to ensure conformance of the proposed subdivision to the general purposes of the City's Comprehensive Plan and to planning standards and.specifications adopted by the City. Conclusions: 1. As conditioned, the preliminary subdivision is consistent with the Port Angeles Comprehensive Plan and Zoning Code. 2. 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. 3. 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. 4. Signage educating residents and visitors to the sensitive nature of the critical area will serve to protect the creek and slopes. 5. 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. T:\SUB\Ennis Creek SUBDIVISION. doc H - 17 . . . H - 18 . . . Ennis Creek Subdivision February 22, 2006 Page 7 COMPREHENSIVE PLAN: ATTACHMENT B The Comprehensive Plan establishes the long range goals and policies of the City. It is the basis upon which City officials are to malce land. use decisions. Any project proposed in the City must be consistent with the goals and policies of the Comprehensive Plan. The following goals and policies appear to be the most relevant to the proposal: Land Use Map Designation The Comprehensive Plan and Land Use Map identifies the site as Low Density Residential (LDR) and Open Space (OS). Low Density Residential allows an overall residential density of a project to range up to 9 units per net acre and is intended to be for the development of single-family homes. The site development proposal results in a development of 9 units per net acre. The following goals, policies and objectives have been identified as being the most relevant to the proposed subdivision: IV. GROWTH MANAGEMENT ELEMENT Goal A: To manage growth in a responsible manner that is beneficial to the community as a whole, is sensitive to the rights and needs of individuals and is consistent with the State of Washington's Growth Management Act. V. LAND USE ELEMENT Goal A: To guide current and future development within the City in a manner that provides certainty to its citizens about future landuse and the flexibility necessary to meet the challenges and opportunities of the future. Policy A.2: All land use decisions and approvals made by the City Council and/or any of its appointed Commissions, Boards or Committees should be consistent with the Comprehensive Plan and its land use map. Goal B: To have a community where residential development and use of the land are done in a mannerthatis compatible with the environment, the characteristics of the use and the users, and the desired urban design of the City. Policy B.I: Urban services shall be available for all residential areas as required by the Capital Facilities Element concurrency policy. PoIicyH.2: Single-family lots should be of reasonable shape and should have access provided by an alley or by a local access street or a collector arterial. Policy B.3: All residential developments should be designed with the provisions of fire protection and service vehicle access as key factors in the street design and circulation pattern. For efficient circulation, rights-of-way should be obtained and improvements made to further the grid street pattern of the City. Cul-de-sacs may be permitted when designed as an integral part of the maj or grid street pattern of the City. H - 19 Ennis Creek Subdivision February 22, 2006 Page 8 Policy B.4: All residential developments should be encouraged to preserve and capitalize on existing unusual, unique, and interesting natural features, should . preserve and utilize natural vegetation, should utilize and preserve scenic views, should maximize southern exposures, should offer protection from prevailing winds, and should be designed to minimize energy use. Goal C: To have a community of viable districts and neighborhoods with a variety of residential opportunities for personal interaction, fulfillment and enjoyment, attractive to people of all ages, characteristics and interests. VI. TRANSPORTATION ELEMENT Goal A: To develop a coordinated, multi-modal transportation system whicg serves all areas of the city and all types of users in a safe, economical, and efficient m~er. Policy A.3: The collector arterial streets and local access streets should serve primarily local traffic with special emphasis on safety for pedestrian traffic. Policy A.6:Planning for transportation services and facilities (including public streets, bikeways, pedestrian walkways, and public and private air, marine and land transit services and facilities) shall be performed consistent with the goals and policies of the Capital Facilities Element. Policy H.ll: New arterial streets, local access streets, and alleys sho;Uld be designed . and constructed to conform to the Statewide National Functional Classification System for Federal Aid Systems, WSDOT, and Transportation Improvement Board minimum design standards and standards as adopted by the City. VII. UTILITIES AND PUBLIC SERVICES ELEMENT Policy C.2: All new utility services should be underground. . X. CAPITAL FACILITIES ELEMENT Goal A: To provide and maintain safe and fmancially feasible urban services and capital facilities at or above stated levels of service to all City residents and the general public. Goal B: To provide urban streets and utilities at minimum levels of service for all city residents and the general public. Policy B.1: All arterial streets shall function at an average daily level of service of D or better. Policy B.3: The City shall not approve any development that IS not se.rved with water service at or greater than the following level of service standards at the time of development: Single family units: 2 gallons per minute @ 30 psi (fire - 1,000. gallons per minute @ 20 psi). H - 20 . . . Ennis Creek Subdivision February 22, 2006 Page 9 Policy B.4: The City shall not approve any development that is not served with sewer service at or greater than a level of service standard of 300 gallons per day per person at the time of development. Policy B.5: The City shall not approve any development that is not served with electrical service at or greater than a level of service standard of 120/220 volts per service at the time of development. Policy B.6: The City should not approve any development that increases a site's post-development stormwater run-off beyond that allowed by the Stormwater Management Manual for the Puget Sound Basin as adopted by the City. Policy B.7: The City should not approve any development that cannot be served with telecommunications service at or greater than the following level of service standards at the time of development: telephone, residential: 1 service per unit / cable television, residential: 1 service per unit. Goal c: To provide urban services at minimum levels of service for all city residents and the general public. Policy C.t: The Port Angeles School District should develop a capital facilities plan, which the City will consider for inclusion in the Comprehensive Plan. The capital facilities plan should contain at least a six-year plan for public financing of such facilities as may be necessary to provide adequate public schools at or greater than the following level of service standards in order to meet anticipated increases in student enrollment, which may be anticipated based on the School District's projected enrollment figures and residential growth as provided for in the Land Use Element of the Comprehensive Plan: . High School: 125 square feet of permanent, appropriate educational space per student, Middle School: 104 square feet of permanent, appropriate educational space per student, and Elementary School: 100 square feet of permanent, appropriate educational space per student. If capacity is inadequate to house students at the established level of service standards (LOS) and adequate school funding is not available, then the demand for new facilities will be reduced (e. g. through year round use of schools or by matching grade band enrollment to facility capacities) or the level of service standards will be reduced to keep both schools and housing development affordable to the majority of Port Angeles School District residents. Imposition of Growth Management Act impact fees on or denial of new development will not be used asa measure to prevent further degradation of school services, unless the reduced level of service standards are deemed unacceptable to Port Angeles School District No. 121, Clallam County, and the City of Port Angeles. H - 21 Ennis Creek Subdivision February 22, 2006 Page I 0 Policy C.2: The City should not approve any development that will not be served with adequate transit service as determined in the comprehensive service and facilities plan for transportation within six years from the time of development. . Policy C.3: The City should not approve any development that will not be served at or greater than a citywide level of service standard of 9 acres of parks per 1,000 population within six years from the time of development. Policy C.4: The City should not approve any development that will not be served at or less than the following level of service standards at the time of development: Police: 677 persons per one officer. Fire: 4-minute response time or residential sprinkler system installation. Policy C.5: The City should not approve any development that will not be served with solid waste collection service at or less than a city-wide level of service standard of 400 pick up accounts per 1000 population within six years from the time of development. Policy C.7: The City should consider the cumulative effect of development on the City's need for adequate public service buildings. Zoning The Zoning Map identifies the site as Residential Single Family (RS-9) and Public Buildings and Parks (PBP). 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 of predominantly single family homes on larger than standard Townsite-size lots. Uses which are compatible with and functionally related to a single family residential environment maY also be located in this zone" The minimum lot area is 9,000 square feet. All lots shall comply with the minimum area and dimensional requirements as follows: Front: 25 feet Rear: 25 feet, except 1 0 feet for detached accessory buildings in the This is a zoning designation for publicly-owned property, or property less suitable for development rear one-third of the lot. 8 feet, except 3 feet for detached accessory buildings in the rear one-third of the lot. 18 feet. 3 0 feet. 30%. Side, Interior: Side abutting a street Maximum Height: Lot Coverage: The purpose of the Public Buildings and Parks zone is as follows; "This is a zoning designation for publicly-owned property, or property less suitable for development by reason of its topography, geology, or some unusual condition or . situation. Much of the land so designated may best be left as "green belts". Except for low-density private residential uses, permitted uses are mostly public utilities and large civic facilities. This zone pri?tvi.:l~~e basic urban land use pattern for public . . . Ennis Creek Subdivision February 22, 2006 Page II facilities, open space, and envil~;Jnmentally sensitive areas where public interests are directly involved and with allowances for very low density private residential use, subject to environmental impact mitigation". SUBDIVISION ORDINANCE (No. 1631 as amended): The City's Subdivision Ordinance (No. 1631), codified as Chapter 16.08 of the Port Angeles Municipal Code, has been reviewed with respect to the proposal. Although the entire ordinance has not been cited, the following development standards and policies have been found to be applicable: 16.08.060 - Standards and Policies. A. GENERAL STANDARDS. If a proposed street and/or lot pattern for any zone in Port Angeles has been made by the 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 for the platting, replatting, subdivision, or dedication of any area shall be recommended for approval by the Commission unless streets shown therein are connected by surfaced road to an existing improved public right-of~way adequate to serve the existing and new lots. Where the Comprehensive Plan or the City's official street plan indicates the necessity 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 fo~ 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 exil;;ting regulations regarding the use of land, governing and binding all future owners of lots or tracts, may be shown on any plat. No Final plat of land within the force and effect of existing Zoning Regulations shall be approved unless it is conforming with such Regulations. Whenever there is a discrepancy between minimum standards or dimensions noted herein and those contained in Zoning Regulations, Building Codes, or other official Regulations, the highest standard shall apply. B. GENERAL PRINCIPLES, POLICIES. The Commission shall ensure that appropriate provision is made for: 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. C. STREETS. 1. The arrangement, character, extent, width, grade and location of all streets shall conform with the Comprehensive Plan, the Capital Facilities Plan, the Urban Services Ordinance, and the Urban Services Standards and Guidelines, and shall be considered in their relation to existiIlg 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. H - 23 Ennis Creek Subdivision February 22, 2006 Page 12 2. Where such is not shown on the Comprehensive Plan, the arrangement of streets in a subdivision shall either provide for the continuation or appropriate projection of existing streets in the surrounding area; or shall confonn to a street plan for the neighborhood, approved by the City, to meet a particular situation where topographic or other conditions make continuance or confonnance to existing streets impracticable. This shall also apply to cluster subdivisions. 3. If a street plan for an area has been made by the City, the street layout of a proposed subdivision in such an area shall be in general confonnance to the plan. 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 and with streets in the surrounding area. 5. Where a tract is subdivided into lots or tracts larger in area than twice the minimum lot size, the City may require an arrangement of lots and streets such as to permit a later re-subdivision in ~onformity with the street and lot requirements specified in these Regulations. 6. Where a proposed subdivision abuts or contains an existing or proposed arterial street of is adjacent to an existing or planned business, commercial or industrial district, the City may require treatment as may be necessary (1) for the adequate protection. of residential properties; and (2) to afford separation of through and local.traffic. 7. Where a subdivision borders or contains a railroad or limited access highway right-of- way, the City may require a road approximately parallel to and on each side of such right-of-way at a distance suitable for appropriate use of the intervening land. Such distances shall also be detennined with due regard for the requirements of approach grades and future grade separations. 8. Streets shall be laid out so as to intersect as nearly as possible at right angles. Acute. angle intersection shall be avoided. 9. There shall be no reserve strips controlling access to roads, except where the control of such strips is definitely placed with the City under conditions approved by the Commission. 10. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school shall be provided pursuant to RCW 58.17.060 and 58.17.110. . . E. LOTS. 1. The lot area, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision, for the type of development and land use contemplated, and for the type of street systems planned for the area, and shall confonn with the requirements of the Zoning Ordinance. 2. Excessive depth in relation to width shall b6 avoided. No lot shall have a depth greater than three times its width. 3. Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets. 4. To ensure public health, convenience and safety, the subdividing of land shall provide, by means of a public street, each lot with direct access to an existing public street that is improved to City street standards. 5. Double frontage and reverse frontage lots shall be avoided, except where essential to provide separation of residential development from arterial streets or to overcome specific disadvantages of topography and orientation. A planting screen easement across which there shall be no right of access shall be provided along the line of lots . abutting such a principal arterial street or disadvantageous use. 6. Side lot lines shall be substantially at right angles or radial to street lines and front lot lines. H - 24 ~ . . . :r Ennis Creek Subdivision February 22,2006 Page 13 7. No lot or lots for residential purposes shall be divided or sold into additional lots or building sites, without compliance with Title 16 P AMC. S. SIGNAGE One (1) free standing sign no larger than twenty-four (24) square feet in area shall be permitted for identification of the subdivision. H - 25 . . . H - 26 DEC-2~~2ee5 02:53 .PM ZENOV. ~ & ASSOCIATES 3613 4'''' 13514 t-".IO~ .! POR OPPlCE US:e: CITY OF PORT ANGELES SUBDIVISION APPL" N I re L..., Date Rec'cl: APPLICATIO . lie I: SUB i Receiver: D CITY OF PC;::-;- ';,~GELES ept. of Community Development In\'. iI: APPLICJJ!T mP'On.MATION: APPLICAJ\'T: ill . ~ ~ \ ... ~ P.. l....u d ~.H~ PH.#: [:;l,,-~'n - eSI'2. ADDRESS: 5 ~\. ~ b"..~b~Ih.<.++ D.... \~ \ t.c. \,\",,->-{.,InAJ \ -ry. ., ~o ~ ~ APPLlCA.N1'SREPRESENTATIVE: ~t:1\II.c... ~ ~c;.~c...: \\t\r. PH.#!: 4.l/-0~1 ,ADI)RESS: 51'\. S . P~1.M~Y c;M-. "7-2. {'eo...-+- ~\J\~, l,UA ~,~,..\',,-,1.. PROFERTY OWNER (If other than applicant) ~ p \ \ ; T... WI.~ ADDRESS: . ",'. PROPERTY INFORMATION: PropertY address: 1)., \ ,{.,'-'~, D.....~ General location: ec...i+ C.~ ',_"no ~.p~ ~...A___) e->.l.M. ,l' ~ \t:."\) ~___+-- oS- .0...."'" 1A,,\L.lI. (.c\ ~ c'.lv\ll Legal description: ?6~j l.. ., ~1(....jl'BJ $vvV4 I V~. 1\) p\, A.si . .' / I PropertY zoning: t2SL\ . pp.,p C ~2"'\P\. J- -4-c {.., \ '\ Existing site areas: ~I Z PM '2. _ 4.0(,,(.1:..') P". .1'; - to. i S- /In.. +1- i Dt!' . ~. .LD~ ).z~: ~ '7 - S .1.'2..,I"..;t"f- '. +>. ..... 6 ~ 4. '0 ~ \ . Proposed site areas: LeAp,. ...''^~ \..... "-,...... c....... ."'l~ ~'1. -I- AID.u k> ~:~. ~, PO' ,....~JI \y ~ lo..~ ~"\.. tll:a:,.~ ft."" , , ,l~~ -\~'i.,~.j...) '. Acreage in: Streets; Parks d Other DOIl-resIdential land uses o~ c..p" t.L. n k~- Method of providing: Potable Watelr: c..~ Sewer: t!:,,~ Streets serving site: t~\~~'l ~dH!: I (\VB) HEREBY CERTIFY !hat I (we) am (are) !he owner(l) of the 1 (WE) ~R:BBY CBRTIFY that I (we) am (are) the appllcanl(l) of the llbovo-do.crjbod property and reque.st that the propoaed subdl~~lon be above-descrtbed property IIIId requo.t that the proposed subdivision be approvCll1, It j, uodM'atood that wilful mlsrepre.senllltlon of the 1nfol'matiL'ln apP1'O\7ed. It iJ unaenlood that wUful mi'repreBeDtltlot:l will term~ the .m __'" ."u"",,, ! application. . . SIgned (jj~~k,- SIgned Signed: SI;ned: Oa1:l: ;;J... 0/, tw-r --- ()~ H tel 11- . . . . H - 28 '- .::.;~_: -:::/~.})T.'.~.:::!,~') .../...><:.'~:~;I ,/ ":~j/ ;./// o'.1 /IJn",,: -''''';:'V~W'~'''' /'- I (..v'l '~' \ ,.trlll =::~ .>. _J,;..~/(' !~'~:'~}!/li./ j I I-~'.>i! //i f;;' " /"1 f / !f I"'-+;ill ( .....// \. i ! / / i 1/,/ !//ii:::... /f I .,1 ,j . 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'\ "PARCEL NO.: \ \ I r-- I '(. ,'-' :::J' ;...~{,t.J: I ~,._,-;;r / I'I} 1 ;;~J . \ ,DATE OF PREPARATION: . \ , II 1...../."""'-. ... ....' !..., - 'I' .-i. ~,. .,~ to" ,,' "J ' LOT 15 'X. J" .! "/' ......... _'''" C "'~~;::J;f::';::;_ ~ "/~--::' .,' . /~1-' // > /.' , r _ -..,,,,,~' ; PROPERTY OESCRIPTION: , .....'~ I '~, ;>"'~ Li-L -. , --....-"-r--.~trk" ....' ,,' " Y'- ~ : ' . \ '. 'j ,,/' . ; !' :::ll~. '. \ ~'t5' " ./' )'$:'/ ..-e---::.- ..................\ \~ d~ ,/ t. '....'lL lOT20........../ ,: "r--.-_~'!'':'rr-; \ . \,/,' ,,/,', / ...... ';C"~\ ..'0';-----~ I nun Wi: f \ I -'--..' " .... I , _,--.1:.... I .' ....,,- I' I --_:1 I - !~ .... -::::'''''''-~'cr'''';':''~..I. "'\ " " , .' 9/ , V '. _ -;- ~ ! .,,-- -....-1"\.... .-/.\. \ ' .l.OT '!i-.. . 'I I - - --.m:L ; r- - l( \. ..-- - } '\ j ~ (~"'~:;:).., -: ,(, / , . " - - ----;, ;"'.,r;- ~ '? \ / 1'\'<.\-,..:,7\"1' I!" / ..... . . ", . ill LOT ,. ./ ,.f\. i '-\ ,'.' 'T "..! ~ J I I .----. '-- '" ....." ......~. II, y"\ iJ.1 ~~~ \ f .' "'", \'1:- /( ,. l. " , . .,..:/ -"- .---".-.-._c .;::.'3G_.....lL - ---1 \I~ L\ \, '.... . .-"""\~ / - ". -'" . --~ - . <'-S(J..", . ........" I - L ).. "r "7-:- -,),"\ I. ~ .... ~1Ua'. .J,...... IT-L - --- ..... .}fj..,.... ... ..'r..... . -- ~lJftl.-r - ./':: -;/>("'~ .- ---..,"'\ 'j 7~~ rt/ -----=-- ". I '" '\ ,l (,..' ('----- ' ;-,- --"':""- CJJ SCD';' ':''''''-3-f.#-..., "",.,t " SITE RLAN . .--..;::;:----., I, ,;:" \ I ' ...... . " ". SCALE 1" ~1\40' '\ '" ;' / ct "'-. c--:-,- --:::,-.....' '. '-. I \./ ! /" ( \ . . .'" I ! . \ i \ '.t " \ \ i. , ,; j '..~ .......,..... .., "- \ '\ \ \ . i 'j'j \. i ) il. I . i . I i I '-J;-) ". ......_-.~ . lPJ IE <<: fE ~ \iff re [W" ~..o.. 200~ CITY OF 1-'0;;, ;II~GELES ... Dept. of Community Development \, \~:~ ~I VICINITY MAP PROJECT INFORMATION APPLICANT: '- !- => o >- < ..J Z o iii BILL ANO CAROL LUDWiCK ;;: 5319 BLUEBONNET RD . COLLEYVlLlE, TX 76D34 i ~ BilL AND CAROL LUDWiCK i iil 5319 BLUEBONNET RO l >- COLLEYVlLLE, TX 76034 I ~ 19-LOT SINGLE-FAMILY RESIOENTIAL SUBDIVISION ,Z ~ ~ RS-9 I :i POWER - PORT ANGELES CITY LIGHT l.,J SANITARY SEWER AND WATER-CITY OF PORT ANGELES g:; TELEPHONE - OWEST COMMUNICATIONS I CABLE TELEVISION - WAVE BROADBANO 06-30-13-340200 · . NOVEMBER 22, 2D05 ~ PARCELS 2, 5, 6, 7, ANO B OF THE SURVEY OF ENNIS. CREEK ESTATES AS FILED IN VOLUME 11 OF SURVEYS, "... " - <D' PAGE 44, CLALLAM COUNTY RECORDS "'" NDvrM8ER 2OD!1 ,1.,~ ~ a~ ~h . " , I "'l,:::: > '. ~~i"i ri':'i. =i<i; 'i ;;rf: a U) !.iI <<l ~ D u-" ;;: gg O!:l" i5""J N ~Q;!; 9rr:g gi~ ~15~ Q;:)~ Z5~ ~1!!>'1 ;;;:!u ::-==-~ ..~ DSJf4 .ur 1 . ~ORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: MARCH 21,2006 To: CITY COUNCIL ~ SCOTT K. JOHNS, ASSOCIATE PLANNEytf\ PRELIMINARY APPRO V AL OF CAMPBELL AVE PRD/SUBDIVlSION FROM: SUBJECT: Summary: On February 21,2006, the City Council considered preliminary approval of the Campbell Avenue PRD/subdivision during the public meeting. After discussion, two issues were l~ft unresolved and the matter was continued to a special City Council meeting of February 28, 2006. Recommendation: Approve the preliminary Campbell A venue Planned Residential Development and subdivision with the attached conditions, findings, and conclusions following discussion and an understanding of the issues. . . Back2round / Analysis:. The Council heard a detailed presentation on this matter at the February 21,2006, regular meeting with the matter being continued to a special meeting on February 28, 2006. The two issues that remain are: (1) Can the internal road right-'of-way be dedicated to the City if it is 50' in width or must it remain as a private street; and (2) Is the improvement of Campbell Avenue to include the entire frontage of the Green Crow ownership or does it exclude that portion that will be dedicated to the city for park purposes? In addressing the first issue, the City's Urban Services and Standards Guidelines (Chapter 3 Minimum Street Design Standards Table A) identifies that minimum access street guidelines require a minimum of 60' of right-of-way for development. There are no standards for private streets. The developer has agreed to a 60-foot right-of-way that will be dedicated to the City. Since the Council last heard this matter, City staff and the developer have met and discussed' a number of issues relative to the design of the PRD and the improvements to Campbell Avenue. Certain modifications to the design of the site have been agreed upon and development of the street along the propertyfrontage, at the developer's expense, to a 24-footwidth with roadside swales and a 4-foot concrete sidewalk have been agreed upon. The agreed upon changes include an addition of six single family lots to the site, a transfer of 2.44 acres to the adjacent Reidel II subdivision, a reduction of multi-family lots from 5 to 4, relocation of the Rook Drive/Campbell Avenue intersection approximately 250 feet to the east, a reduction of the park area to be dedicated to the City from 2.03 acres to 1.43 acres. The changes are within the required standards for density, open space, open space usable for recreational purposes, and meet the intent of the Planned Residential Development code. Staff believes that the proposed changes provide advantages over the original plan in that the site access is in a better location, the H - 30 park and open space elements are consolidated, and the parking area access for the cottage lots group C is located more appropriately. The proposed changes do not increase the density for the subdivision. Asumma.ry of the area and density calculations is attached. Staff believe that these . changes meet the intent and the specific requirements to the PRD Ordinance and are be consistent with the recommendation of the Planning Commission review. Attachments: A. Conditions, Findings, and Conclusions B. Original Site Plan Map C. Modified site plan map D. Council minutes 2/21 E. Council minutes 2/28 T:\PRD\Green Crow\CityCouncilmemo 2.doc . . H - 31 . . . CAMPBELL AVENUE PRD March 14,2006 AREA CALCULATIONS Total site area of original PRD = 18.93 A Total site area current site = 16.49 A Propose right-of-way area = 1.93 A Total lots area = 12.90 A Open Space useable for recreation = 2.73 A 2.4 3 A required Other open space = 2.49 A Total Open space = 5.22 A 4.94 A required DENSITY Residential High Density area = 1.86 A @Allowed density of38.56 DUlAc = 70 Dwelling Units RS-9 area = 14.63 A @Allowed density of 4.84 DUlAc = 70 Dwelling units Single family lots proposed Multi-family lots proposed = 42 4 @ up to 8 DU per structure up to 28 units = H - 32 . . . H - 33 . . . ATTACHMENT A CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF THE CAMPBELL AVENUE PRD AND SUBDIVISION: Conditions: 1. Allextemal 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 (HPA) 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 to 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. A sidewalkshall 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. 2. 3. 4. 5. 6. 7. 8. 9. H - 34 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, andC. 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 tlie 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 shalfbe 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 ISO' 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 811 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. 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 1\ugust 23, 2005. The Green. H - 35 . . . . . . C-"~:::::>:-c{: 'r~- ;:,: 2. Crow planned residential developmel)t 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-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. 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 (PAMC) Chapter 17.19 sets forth the City's requirements for the approval of planned residential developments, and PAMC 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 division of land within the State of Washington. Section 58.17.110 requires a city to inquire into the public use and interest proposed to be served by the establishment of a subdivision. It shall determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and 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. The purpose ofa 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 traditional lot-by-Iot 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. 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. 3. 4. 5. 6. 7. 8. H - 36 9. 10. 11. 12. '\ 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 58.17.140. The applicant may consent to a 21-day extension to the 90-day time limit. 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. 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. 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. The site is served by Campbell Avenue and Wabash Avenue, and Rook Drive off ofMt Angeles Road. 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 Faniily and either are developed with a mix of low density residential uses or multi-family residential uses. 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. 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 Economic Development received two public comment 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.I-3, Goal I, Objective 1.1; Transportation Element Goal A, Policies A.3 and A.6; Utilities and Public Services Element Policy D.l; Housing Element Goal A; Conservation Element Goal A, Policies A.I-3, Goal B, Policies B.1-B.2, BA, B.16, Objectives B.3-BA; Capital Facilities Element Policies A.l 0, and B.6 and Policy CA. . 13. 14. . 15. 16. 19. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service, and electrical service (Capital Facilities Element Policy k9). . H - 37 . . . ;;;~"11,!.(>",c~,:",*,i',,;""i\':-"'"',r- ; \,,;'.;;', 20. The Comprehensive Plan recommends ,c~mcurrency for solid waste collection, stormwater management, telecommunications service, and emergency services (police, fire and emergency medical response) (Capital Facilities Element Policy A.I0). 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. 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 A venue provide a safe walking route to Mt. Angeles Road, where transit services are available. 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 permits 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 Nonsignificance .(MDNS #1125) .and adoption of environmental. documents on September 27, 2005, satisfying the City's SEPA 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. H - 38 1. Conclusions: 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. 2. As conditioned, all the necessary public improvements will be installed per the City Urban Services Standards and Guidelines. 3. 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. . 4. 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 BPA easement constraints on the site; 2) the mixed types of housing already located in the zone and vicinity; 3) the provisi'on 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-density purposes of the RHD Zone, it does provide for a variety of densities with surrounding open spaces consistent with the PRD Overlay Zone. 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. As conditioned, the Green Crow PRD and Subdivision preliminary plat is consistent with the Comprehensive Plan and Zoning Code. As conditioned, the Green Crow PRD and Subdivision preliminary plat is in conformance with the Port AngelesSubdivision Ordinance, Chapter 16.08 PAMG, 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, 5. 6. 7. 8. 9. 10. H - 39 . . . . . . playgrounds, schools and school grounds, sidewalks and other planning features that assure safe walking conditions for students who only walkto and from school. 11. As conditioned, the public interest is served in the preliminary approval of planned residential development and piattlng 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 BP A 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 PAMC 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 PAMCChapter 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. Adopted by the Port Angeles City Council at its meeting of February 21,2006 Karen A. Rogers, Mayor Becky J. Upton, City Clerk H - 40 . . . H ~ 41 3A l' HSHTl'.A! ATTACHMENT B . ~ I ~ --.r-77 p/, ..1- LZ...JL- . a. (ID. ~ ~ @J I ~~[~J~ r@J~1 ~ ~+81~ . ~ .~~~ ,~8@J ~ ~ ~ @] [~] fiJ ~ .~ ~ ~. ~I ~. ~; ~ ~ . [@J ~.. ~.~ . ~ :,,: ~ . 0.. [:J ~ ::.: <l; ..:l ij - - ~ ...: u H - 42 I I ~ 1_ J o 50 100 200 SCALE IN FEET W:M. TOTAL LOT ACREAGE 7.57 ACRES 464 TOTAL OPEN SPACE 5.22 ACRES 324 TOTAL PROPOSED RIGHT-OF-WAY 1. 93 ACRES lli TOTAL OTHER 1. 77 ACRES lIt TOTAL ACREAGE 16.49 ACRES 100i RECREATIONAL PARK OPEN SPACE 1. 43 ACRES 271 OTHER RECREATIONAL OPEN SPACE 1.30 ACRES 254 TOTAL RECREATIONAL OPEN SPACE 2.73 ACRES 521 NON-RECREATIONAL OPEN SPACE 2.49 ACRES 484 5.22 ACRES lOOt --PHASE I LOTS 1-11 .PHASE II LOTS AI-A4, aI-HID & 12-17 PHASE III LOTS CI-C7 & 18-23 PHASE IV LOTS MI-H4 :I: -j- I :t I -, :po I-j I-j :po n ::c ~ tt:l Z I-j n I .~ i I DATE: 3-13' zadb WENGLER SURVEYING & MAPPING CO. ~ .:!:to EAST rmsr ST.. smrr 1CJ PORT ARGl1.ES. JrASHIN. amH 5'5.'382 ......._(~O) "5'1-0"00 -=- (~eoJ -tlf7-iS!511 a,ll!nurnt.rto..com I : . . DATE: To: FROM: SUBJECT: ~ORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO MARCH 21, 2006 CITY COUNCIL SCOTT K. JOHNS, ASSOCIATE PLANNER REZONE OF PROPERTY FROM RS-7 RESIDENTIAL SINGLE F AMIL Y TO RMD RESIDENTIAL MEDIUM DENSITY - RALSTON Summary: A proposal to rezone property from RS-7 Residential Single Family to RMD Residential Medium Density was considered at a public hearing on March 7,2006. Following discussion, the public hearing was continued to March 21,2006. Recommendation: Approve the proposed rezone from RS-7 to RMD by adoption of the attached ordinance citing the findings and conclusions identified in Exhibit B of the attached ordinance. Backfround / Summary Analysis: Stafftecommends that Council approve the rezone request from Residential Single Family to Residential Medium Density. Three criteria are considered in a rezone. Those criteria are: (1) the Comprehensive Plan goals, policies, and objectives and the site's land use designation; (2) site location; and (3) surrounding development. This site satisfies all 3 criteria for rezone to RMD. First Criteria: As relates to the Comprehensive Plan land use designation, the site is found in the imprecise margin between High Density Residential and Low Density Residential. Properties are designated on the Comprehensive Plan land use map based on the criteria found in the Plan's goals, policies, and objectives. Issues such as circulation, utility improvements, and transportation routes are determined with those designations in mind, and properties are determined to be available for development under zones that fit within those designations. The Comprehensive Plan supports the rezone proposal. Second Criteria: This site's location is directly adjacent to arterial streets, is immediately adjacent to other propeliies zoned Residential Medium Density RMD, and is located near schools. Surrounding development includes an assisted living facility, single family development, large public utility substation, community college and elementary school, and nursing/convalescent center. Both Porter Street and Park Avenue are arterial streets with adequate facilities and services available. Similar zoning is located directly north of this site and therefore the rezone cannot be considered a spot zone. The location of Peninsula College to the east establishes the area as being a logical area for higher density residential use. These facts support rezone to RMD. Third Criteria: Existing development surrounding this site is compatible with the RMD zone. I-I Other Issues: The Council heard discussion on this matter at the March 7,2006, regular meeting. Most of the neighborhood testimony centered on issues that are not germane to the evaluation of a rezone. Rezones are legislative matters rather than development issues. The issues raised at the March 7 meeting mainly identified stormwater problems that are historic to the area and potential development of the property. Those issues can appropriately be addressed in the development process. They are not relevant to a rezone application. Nevertheless, we should note that recent improvements to Park Avenue have included improvements to the stormwater system in the area. Development of properties in the area to multiple family uses would bring further improvement. Storm water plans would be required for such development. These factors should actually decrease stormwater problems in the future. Another issue raised at the March 7 meeting questioned the validity of the underlying Comprehensive Plan land use designation. The City's Comprehensive Plan Land Use Map currently identifies this area as having the potential to be zoned High Density Residential. That change was one of several amendments to the Comprehensive Plan in 2003. Before that, this area was designated for RMD. Staff recommended the change based on the nearby location of Peninsula College and on existing uses currently located in the area. Major updates to the Comprehensive Plan were made in 2003 and extensive public input was received. Public hearings were held at both the Planning Commission and City Council levels in consideration of the amendment and the change was formalized by Ordinance 3142, dated June 29, 2003. Thus, the Comprehensive Plan land use designation is valid. In summary: The criteria to be examined in determining whether a rezone should be approved _ (1) the Comprehensive Plan goals, policies, and objectives and the site's land use designation; (2) site location; and (3) surrounding development - all support findings and conclusions in support of the rezone. The three criteria are satisfied. Issues such as stormwater and density will be addressed under specific standards during site development and are not matters of consideration during a rezone process. Staffs Report including public comment letters and an excerpt of the February 8th minutes is attached for your review. A table comparing permitted and conditional uses, as well as density comparisons is attached to this memo. As the March 21 st meeting is a continuation of the March ih public hearing, staff will be prepared to provide a presentation at Council's direction. Attachments: Ordinance, findings, and conclusions Minutes Excerpt Staff Report 1-2 ---------::::l . . . . . . Use and Density Comparison Between RS-7 and RMD Zones USE RS-7 Permitted Permitted Permitted Adult family home Single family residences Adult family homes Apmiments Accessory residential units Agricultural nurseries and greenhouses Ali galleries and museums Assisted living facility Child day-care centers and pre-schools Churches Communications transmission buildings and structures; e.g., radio tower Duplexes Group homes and hospices Libraries Nursing and convalescent homes Public and private schools Public Housing Authority offices and maintenance structures located on Public Housing Authority housing sites Public parks and recreation facilities Public utility structures Radio and television stations, provided that antenna is on site Residential care facilities Social service agencies providing 24-hour residential care Conditional Conditional Conditional Conditional Conditional Conditional Conditional Conditional Conditional Conditional Conditional Conditional Conditional Conditional Conditional Conditional Conditional RMD P ermi tted Permitted Permitted . Conditional Permitted Conditional Conditional Conditional Conditional Permitted Conditional Conditional Conditional Conditional Conditional Conditional RS-7 RMD Minimum Lot Size 7,000 SF 7,000 SF Density 1 DU I 7,000 SF 1 DU I first 7,000 SF + 1 DU I each additional 1,000 SF Allowed Density 6.22 DUlAc 12.44 DUlAc Setbacks, lot coverage and height restrictions are the same for both zones. 1-3 . ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, rezoning property in the 1100 block of Park Avenue from RS- 7 (Residential, Single Family) to RMD (Residential, Medium Density). WHEREAS, the Planning Commission of the City of Port Angeles has considered an application to rezone from RS-7 to RMD the property in the 1100 block of Park Avenue and described in the attached Exhibit A; and WHEREAS, the Planning Commission has recommended to the City Council approval of the rezone application; and WHEREAS, the requirements ofthe State Environmental Policy Act (Chapter 43.21 C . RCW) have been met; and WHEREAS, the City Council, after conducting a public hearing and considering the Planning Commission's recommendation, fmds that there have been changes in circumstances since the current zoning ofthe property was adopted and that the proposed rezone is in the best interest of the City and its citizens and is consistent with the Comprehensive Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: Section 1. The Findings and Conclusions marked Exhibit B and attached are hereby adopted and entered. Section 2. The Official Zoning Map, Ordinance 2801 as amended, is hereby amended to change the zoning of that property described in Exhibit A from RS-7 (Residential, . Single Family 7,000 square feet) to RMD (Residential, Medium Density). - 1 - 1-5 Section 3. The City Clerk is hereby directed to attach a copy of this Ordinance to the Official Zoning Map and to file certified copies with the Clallam County Auditor and Clallam County Assessor. Section 4 - Effective Date. This Ordinance shall take effect five days following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the clay of March, 2006. MAYOR ATTEST: Becky 1. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: March , 2006 By Summary G:\Legal_ BackupIORDlNANCES&RESOLUTIONS\2006-05.RalstonRezone.022806. wpd March 17. 2006 - 2 - 1-6 . . . . Exhibit A - Ralston REZ 06-05 Legal Description: The northerly 180 feet of lots 2, 3, and 4 of Highland View Acre Tracts and Lots 1 and 2 of Short Plat SHP 03-04 filed in V olume 31 of Short Plats, P 65, Townsite of Port Angeles. . . - 3 - 1-7 . . . EXHIBIT B FINDINGS AND CONCLUSIONS IN SUPPORT OF REZ 06-01 - RALSTON Findings 1. On December 29, 2005, John Ralston submitted a request to rezone approximately 1.86 acres from Residential Single Family RS-7 to Residential Medium Density. 2. The City's Comprehensive Plan Land Use Map is intended as the guiding document in establishing a conceptual framework for land use decisions. 3. The location supports several other multi-family developments and is found opposite the main BP A power substation and near Peninsula College. Medium density housing should be located where a higher concentration of residents is compatible with existing development. 4. The proposed zoning would create a buffer between the BP A substation and the existing residential zoning. 5. The property is described as Lots 1 through 4 Block 1 Highland View Tracts and is situated in the southwest corner of Park Avenue and Porter Streets. 6. 7. The subject site is cun-ently undeveloped. The purpose of the RMD zone (PAMC 17.14.010) is "to provide for a mix ofsingle- family, duplexes, and apartments at a density greater than single-family neighborhoods but less than the higher densities of the RHD zone. Commercial uses are not considered to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides for a variety in the urban land use pattern for the City's lower density multi- family residential neighborhoods (at fVilice the density of the City's basic single family residential neighborhoods) with direct access on an arterial street, usually located in outlying areas with large tracts of vacant buildable land, and serving as a transitional use befVi1een low density residential uses and commercial/industrial uses." Residential development in the RMD zone may develop on lots 7,000 sq. ft. in size with maximum lot coverage of 30%. The density shall not exceed two dwelling units for the first 7,000 sq. ft. plus one dwelling unit for each additional 3,500 sq. ft. up to a maximum of 12.44 dwelling units per acre. Residential development in the RS-7 zone requires a minimum lot area of7,000 square feet for each unit and maximum lot coverage of30%. The RS-7 zone allows for develop up to 6.22 Dwelling lmits per acre. A rezone proposal CalIDOt be considered a spot zone if it meets the following tests: 1) the parcel of land has not been singled out for special and privileged treatment; 2) the singling out is in the public interest alld not only for the benefit of the land owner; alld 3) the action is in accordance with the Comprehensive Plan. The Comprehensive Plan Land Use Map designates properties in the area as being located along an imprecise margin between Residential High Density alld Residential Low Density. An imprecise margin is designated to allow expansion of a particular designation in specific instances on an individual basis. 8. 9. 10. 1-9 11. The Comprehensive Plan was reviewed in its entirety with respect to the proposal. The following elements, goals, and policies were found to be most relevant to the proposal: Growth Management Element Goal A, and Policies A.l (a); Land Use Map Goal A and Policy AI, 2; Land Use Element Residential Goals A and Policy A.l, A2 and Objective 1; Goal B, and C, Policy C.l, C.2, C.3, C.4; Transportation Element Goal A and Policy A3; goal B, and Policy B.14, and Objective B.l. The City's inventory ofland zoned for low density (RS-7 & RS-9) is approximately 2,045 acres or 38.7%. The inventory of Residential Medium and Residential High Density (RMD & RHD) zoned land is approximately 279 acres or 5.3%. (2003 figures) Analysis of the buildable land supplies of various zones has shown that there are limited medium and high-density neighborhood lands remaining undeveloped. Peninsula College recently removed on campus dormitory space further exacerbating the housing supply. The public comment and notification period for the Planning Commission meeting ran from December 29 to January 31, 2006. Twelve comment letters were received from the public as a result of the public notification process. The main issues of concern were regarding the safety of pedestrians, mainly students walking to the elementary school, potential activity of assumed occupants of future development, and local drainage issues. The letters were included in staffs continued review of the proposal. The SEP A Responsible Official issued a Determination of Non-Significance on February 1, 2006. The City's Public Works and Utilities Department did not have any comment on the rezone proposal. Utilities are presently available in the area and have recently been upgraded to support current and future developments in the area. The Fire Department has no objection to the rezone but notes that if medium density housing includes multi- family dwellings (tri-plex or larger), sprinkler systems will be required. Future development of the subject property to other than single family residential use will require specific project review and will include conditions to address issues such as access, parking, noise, lighting, landscaping, and environmentally sensitive review. 18. Section 17.96.100 of the Port Angeles Municipal Code identifies procedures for amendment to (rezone) the City's Zoning Map. 12. 13. 14. 15. 16. 17. Conclusions: l. 2. The proposal is in accordance with the Comprehensive Plan and Land Use Map. The site is adjacent to both Park Avenue and Porter Street, both of which are collector mierials and school walking routes. Future development proposals should anticipate the necessity to install sidewalks for the provision of safe walking conditions along the school walking routes. The site can provide a logical transition between land uses that will not adversely impact the existing development in the area. 3. 1-10 . . . . " The rezone is compatible with the surrounding zoning and land uses and will allow development of the site to a higher density that has been identified as desired for the area by the City through its Comprehensive Plan Land Use Map designation. The City's action on rezone application REZ 06-01 is consistent with the established procedures for amending the Zoning Code set forth in Section 17.96.100, POli Angeles Municipal Code. 6. Municipal utilities in the area are adequate to supply power, water, communications, and sewer for multiple family housing development in the area. Ultimate development plans may require further improvement by the developer. As no adverse impacts to neighboring streets are anticipated and street, walkway, parking, and drainage will also be required with subsequent development, the proposed rezone is in the public interest. 7. The proposal will provide additional much needed property for the development of multiple fanlily housing units, which is in the public interest. 4. 5. Adopted by the Port Angeles City Council at its meeting of March 21,2006 . Karen A. Rogers, Mayor . Becky 1. Upton, City Clerk 1-11 . . . 1)'01" .Rr. 'T"11 A1N.I-G. ..;EiiLr E;. IS. I F ' )i .',H Ii., .c!.1 J I~.! WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: March 21,2006 To: CITY COUNCIL FROM: William E. Bloor, City Attorney SUBJECT: Public Hearing to Consider Reprogram Use of Community Development Block Grant (CDBG) General Purpose Grant SUMMARY: OlyCAP requested from the City a loan of $30,000 for the purpose of completing a dental clinic to serve low-income people in the City of Port Angeles. The CDBG Program requires two public hearings to be conducted to provide information and seek input as to the use of CDBG funds. This is the second hearing. RECOMMENDATION: Public hearing continued from March 7,2006. Close public hearing and a rove loan. BACKGROUND / ANALYSIS: Olympic Community Action Programs (OlyCAP) is anon-profit corporation, seekingto complete a dental clinic to serve low-income people in the City of Port Angeles. OlyCAP has asked the City for a loan of $30,000 for that purpose. The loan would come from CDBG grant funds. A dental clinic, such as OlyCAP proposes, is an eligible CDBG purpose. However, the funds now held by the City were originally designed for low-income housing. To lend funds for the dental clinic requires that $30,000 be "reprogrammed." That, in turn, requires two public hearings. This is the second hearing. A proposed Loan Agreement and Promissory Note are attached. They require repayment in full within five years. {jdP William E. Bloor City Attorney Attachment WEB\d1 J - 1 . . . J-2 . . . Loan Agreement Olympic Community Action Programs This Loan Agreement ("Agreement") is made as of the day of March, 2006 between the City of Port Angeles (the "City") and Olympic Community Action Programs (hereinafter referred to as "OlyCAP"), a non-profitcorporation. AGREEMENT IN CONSIDERATION OFTHEMUTUALPROMISES HEREIN, OLYCAP AND THE CITY AGREE AS FOLLOWS: FUNDS The City holds certain CD BG funds granted to the City for the purpose of providing loans to private individuals for limited housing rehabilitation projects, the pay-off of which loans has accrued to the City and is held for reuse in accordance with federal CDBG regulations; and, OlyCAP proposes to borrow $30,000 of those funds to be used for a dental clinic to serve low income people in the City of Port Angeles. This Agreement has been authorized and approved by the City Council of the City of Port Angeles, [ollowing a public hearing conducted in meeting in open session and pursuant to public notice, on the day of March, 2006; LOAN The City agrees to lend to OlyCap, and OlyCap agrees to borrow from the City, $30,000 of the funds identified above, all pursuant to the terms of this Agreement TERMS OlyCap, as borrower, agrees to repay the City, as lender, the full amount of the loan not later than five (5) years from the date of the accompanying Promissory Note. SECURITY ~ security for borrowing said $30,000.00, OlyCAP shall make, execute and deliver to the City a Promissory Note in the form and substance satisfactory to the City in full amount of the Loan. LOAN PROCEEDS Upon execution of the Note in favor of the City and the satisfaction of any other conditions precedent applicable to loan disbursement, the loan proceeds will be disbursed in full to OlyCAP. 1 J-3 CANCELLATION OF COMMITMENT; ACCELERATION . (1) The entire principal of the Note shall become due and payable, at the option of the City, upon the OlyCAP's breach of, or failure to comply with, any cov~nant, agreement, term or condition contained in this Agreement or upon the occuiTen~e of the following: (1) Failure to pay when due any sum owinghere~der, under OlyCAP's Promissory Note. LIMIT OF LIABILITY The only liability and obligation of the. City arising pursuant to this Loan Agreement is to advance $30,000 loan proceeds p'aYIA~Ift1Put~tiant to this Agreement, and no creditor or other person or entity of whatever natu~ltsliaI1~te any recourse to the assets, credits, or services of the City by reason of '-~~'" this Agr~eIl).ent "' . -:J:...... 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 OlyCAP 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. . RECORDS ......-......,:.. .......- """'- ...-. -... ..-~...'~ OlyCAP agrees to maintain such records and follow such procedures as may be required under the State's CDBG Program and any sllch procedures as the City or CTED may .prescribe-.-' '--'Af-ii"'minimilli1-;---such--re-cords~wi1l ~'include':-'information pertaining--to-..:.the----...-.. . ."Agteei1ieht;:-obligations-and~unobligate~ balanoesr-assets-and..liabilities,_.ollt1~~ij]Jal ~'i opportunity labor standards ( as appropriate), and performance. . .. . ~'.:..~ OlyCAP shall retain all such records and all other records pertinent to this Agreement and work undertaken under this Agreement for a period of three (3) years from and after repayment ofthe loan unless a longer period is required to resolve audit findings or litigation. In such cases, the City shall request a longer period of record retention. The City, CTED, and duly-authorized officials ofthe state and federal government shall have full access and the right to examine, excerpt or transcribe any pertinent documents, papers, records, and books of OlyCAP involving transactions related to the Scope ofW ork and this Agreement. . 2 J-4 :\ t<; . COMPLIANCE WITH LOCAL LAWS . . OlyCAP shall comply with all applicable laws, ordinances, and codes of the federal, state and local governments. HOLD HARMLESS OlyCAP shall defend, indemnify, and hold the City harmless from and against any claim, liability or loss arising from this agreement or from any act or failure to act by OlyCAP in connection with the construction or operation of the dental clinic. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Under Title VI ofthe Civil Rights Act of 1964, no person shall, on the grounds of race, color, creed, religion, sex, or national origin, be excluded from participation. in, be denied the benefits of, or be subj ected to discrimination under any program or activity receiving federal financial assistance. INTEREST OF OFFICERS AND EMPLOYEES No member of the governing body of the City or of OlyCAP, and no officer, employee, or agent of the City or of OlyCAP who exercises any control or discretion in connection with the planning or carrying out ofthe project, shall have any personal financial interest, direct or indirect, in the project or in this Agreement; and OlyCAP shall also take appropriate steps to assure compliance with the obligations of this paragraph. APPLICABLE LAW AND VENUE This Agreement shall be governed by the laws of the State of Washington. Venue for any action hereunder shall be in Clallam County, Washington. IN WITNESS WHEREOF, the City and OlyCAP have executed this Loan Agreement as of the date and year last written below. CITY OF PORT ANGELES OLYMPIC COMMUNITY ACTION PROGRAMS By: Title: Date: By: Title: Date: 3 J-5 APROVED AS TO FORM: By: Title: Date: . G:\LegatBack.up\AGREEMENTS&CONTRACTS\2006 Agmts&Contracts\OlyCapAgreement.OOOl06.doc . . 4 J-6 . . . PROMISSORY NOTE Olympic Community Action.Program Amount: $30,000.00 Date: FOR VALUE RECEIVED, The Olympic Community Action Program (OlyCAP), (herein called the OL YCAP) promises to pay to the order of THE CITY OF PORT ANGELES (herein called. the LENDER), the sum of thirty thousand ($30,000). 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. On or before five (5) years from the date of this Promissory Note, the OlyCAP shall pay to the Lender 100% of the balance of the LOan. The OlyCAP 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. If the interest on, and principal due on, this Note are not paid in full not later than five (5) years from the date of the Loan Agreement, the OlyCAP shall pay to the Lender a penalty of 1/2% per month on the amount past due and remaining unpaid, per calendar month, or fraction thereof. If suit is instituted by the Lender to recover on this Note, or any portion thereof, OlyCAP agrees to pay all costs of such collection, including reasonable attorney's fees and court costs, and the OlyCAP 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 of demand and protest are hereby waived, and the undersigned hereby waives, to the extent authorized by law, any and all homestead and other exemption rights, which would otherwise apply to the debt evidenced by this Note. IN WITNESS WHEREOF, this Note has been duly executed by the undersigned as of its date. CITY OF PORT ANGELES OLYMPIC COMMUNITY ACTION PROGRAMS By: By: Title: Date: Title: Date: 5 J - 7 APPROVED AS TO FORM: By: Title: Date: . . . 6 J-8 . . . DATE: To: FROM: SUBJECT: ~...... ..0.... RT"''Pl' N"G'" E....L... E......S . . . - -' . . -' " -,'- ,- \ . j i' . ./ : ,_," :,' : "t : ,-" ;".: . '. .." . .' . ." -. - . ,- ..... .. .' .' ... ' . : : ; .:' .>: - : .' ... . " . ! ....:._."'. .,. < " 1'.," ..;' :; ,,' i.' . .........:' ....... _.- ....-.. /. -- .j- .... .. .. , , -:i -......."..- .......... ............ WAS H I N G TON, U. s. A. CITY COUNCIL MEMO March 21, 2006 CITY COUNCIL Sue Roberds, Planning Manager ANDERSON STREET VACATION - STY 06-01 PORTION OF "P" STREET AND 16TH STREET I ISummarv: Vacation of right-of-way. Recommendation: Approve the vacation of right-of-way as proposed citing the attached findinf!s and conclusions. Back!!round / Analvsis: On March 8, 2006, the Planning Commission conducted a public hearing in review of a petition for the vacation of a portion ofthe unopened "P" Street right-of-way located south of Milwaukee Drive and a portion of 16th Street between Milwaukee and Reyes Street (see attached map). The Planning Commission concurred with staff s recommendation to vacate the right-of-way. The City Council's Real Estate Committee reviewed the proposal at its January 9 . , 2006, meeting and set compensation for the property at $1.86 per square foot. Staffs report is attached for your review as well an excerpt of the Planning Commission's minutes for your review. Staffwill be available for questions and the applicant will attend the March 21 public hearing. Attachments: Ordinance, findings, and conclusions March 8, 2006, Planning Commission excerpt Staff report T:\FORMS\Councilmemo. wpd J-9 ORDINANCE NO. . AN ORDINANCE of the City of Port Angeles, Washington, vacating portions of "P" Street and Sixteenth Street, in Port Angeles, Clallam County, Washington. WHEREAS, a petition is on file with the City of Port Angeles to vacate portions of "P" Street and Sixteenth Street in Port Angeles, Clallam County, Washington; and WHEREAS, street vacations are categorically exempt from the requirements of the State Environmental Policy Act (SEP A) rules as set forth in WAC 197 -11-800(2)(h); and WHEREAS, a public hearing has been held by the City Council following public notice pursuant to Chapter 35.79 RCW; and WHEREAS, said vacation appears to be of benefit to and in the interest ofthe public; . and WHEREAS, the City Council finds $1.86 per square foot to be the fair market value of the vacated right-of-way; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1 - Vacation. Subject to the terms and conditions of this Ordinance, the following right-of-way, as depicted on Exhibit "A", is hereby vacated: The east half of "P" Street lying south of the south margin of Milwaukee Drive and abutting Suburban Lot 83; and the north 5 feet of Sixteenth Street abutting Suburban Lot 83, and a westerly prolongation of said north five feet to the centerline of "P" Street, Townsite of Port Angeles, all in Clallam County, Washington. . -1- J - 10 . Section 2 - Compensation. Pursuant to RCW 35.79.030, the compensation required for the vacation of this street is $26,863.42. Section 3 - Effective Date. This Ordinance shall be effective only upon the payment of the required $26,863.42. Upon that satisfaction, the City Clerk is hereby directed to publish this Ordinance and to file a certified copy with the Clallam County Auditor and the Clallam County Assessor. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of March, 2006. MAYOR . ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: .2006 By Summary G:\Legal_ BackupIORDINANCES&.RESOLUTJONS\2006-07 .AndellonSTV.031406. wpd March 15,2006 . -2- J - 11 EXi-il81 T ...4 .. . 6-411>43 PORTIONS j-EGEAj,Q I.: " . ~l\l ~~ ~~ d ~~ ~~ 'lJ~ h !oJ ~~!.ii ;) "ilQ @ :!J.ET ~eI.U.K.AA..lP ,c;..tP.. "WAVT&'If'S.. ~6.14/0"''' ._~--<l .!:X/$rm6 -"GAlee 6tJ/i LOT fJ'I I _ I P ." 4!) 1M) ~i.L'I'IJO' ... ~F"""'.o _A:f~ "lJ6 /AI COAle AT /IITN I 27" 6T. OAJ 7"'Z-~O . 6tJfi LOT 82 NOTES: L TH/~ ~V~'f HM~ "E/f~ .lJY ;/if!L.D nrAV&A'~E t/~/N6 A /0 tlECONO ,MANa4L TbrAL 5TArlOAI "rH&oPtJLlr&. .....:-..;.. ............ ............... r(%lAlp ;ceeJA/C / CA" !-:S. /Z75"O" AT a ~9' 6 ~ MY CAl..C'D. ro~rlO1tl Z. 'A'p-,ElrTY PZ5CAVrll>N- ~CE Ybl... 71$ P"- O~D~. ,P6.6U, Alia r/~ A..t? Su.981so'6; ;recO/CP~ Or aAUAM "'-". ......:SN. -f- t" AUO/TOR:S CERT/F1CArl FIl.EO F{)R~I?E.C.ORO THIS ..1L- =Y OF 1O..7"~1~.J. 19.P/:J. Ar~ L.M IN VOl-IIMe.L$, OF SURVEYS AT PA~E.3.lI- AT THE REaUCSr OF RH. WINTERS CO., INC.. SURVEYORS CeRTIFICATE 'rHIS HAP CORIeEcrt.-r' R:EPRCSeJ./TS A SURVEY MAOe 8Y HE OR: (lNOER MY DIRet::TION EINsca()~':i~'1~7/bINC, WITH THE. RcO'./IR:EMe.NTS OF TH . Ac.r AI THE HE@UEST OF AL.EX MQ6HALl.. /.....;:..~. ~ ~..:':':.!.I~,~..'!~. ~ \~. ~~. R.H WINTERS, L.oS 11>/04- ~___:':: .. . ,o(,.(q. '~'_u.__' ~ Klf. WINTBRS Co. INC. SURVBYING & MAPPING ISlO HWY. '01 w. SEQUIM I MIA. PH I 683-3353 . PT, TOWNSEND PH: 38S-122S J - 12 . . . J - 13 . . . I I ...... ~ ~ Legend j- .f / / I I .",.--~i ,.-.-;,-'~ ./ l P Street (40') c.... Stofferahan Anderson STY 06-01 "P" Street/16th Street . . . J - 15 Planning Commission Minutes March 8, 2006 Page 2 . STREET Y ACATION PETITION - ANDERSON etal- STY 06-01: Portion of''P Street south of Milwaukee Drive and a portion of 16th Street between Milwaukee Drive and Reyes Street. Planning Manager Sue Roberds reviewed the Departlnent' s report recommending approval ofthe street vacation as proposed and responded to questions from Commissioner Harris regarding necessary street widths for various right-of-way development. Chair Kidd opened the public hearing. David Stofferahan, 54 Cleary Lane, Sequim, WA 98382 was in agreement with staffs recommendation and responded that the reason he asked for a 5' strip of property along the north right-of-way line of 16th Street is simply to allow for additional lot area. The additional property does not allow for an increase in the number of lots intended for the proposed subdivision. There being no further testimony, Chair Kidd closed the public hearing. Commissioner Snyder moved to recommend that the City Council approve the street vacation as proposed citing the following findings and conclusions: Findings: . . 1. A petition requesting vacation of that portion of the unopened "P" Street right-of-way south of Milwaukee Drive and north of 16th Street and the north 5' of 16th Street abutting Suburban Lot 83. was submitted on January 1 0, 2006~ Abutting properties are owned by the petitioners Mr. Charles Anderson and David Stofferahan. RCW 58.17 requires the signatures of two thirds of abutting property owners to be valid when a vacation of right-of-way is proposed. The subject petition is signed bylOO% of the abutting property owners. Abutting properties are zoned RS-9 and RS-11 Residential Single Family and those that are developed contain single family structures. The RS, Residential Single Family zones allow the basic single family development uses including accessory structures with lot coverage up to 30%. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right-of-way. Land Use Map Goal, Policies, and Objective Element Goal A is relevant to the proposaL The City of Port Angeles' Real Estate Committee met on F ebmary 13, 2006, and established a value for the unopened right-of-way. The vacating of a street is categorically exempt from a State Environmental Policy Act (SEP A) review per Section 197-11-800 (2) (h) of the Washington Administrative Code. The site was posted for a land use action on February 22, 2006, with required publication notification in the Peninsula Dailv News on February 26, 2006. At its February 21, 2006,regular meeting, the Port Angeles City Council established a public hearing date by resolution for action on the street vacation petition as March 21, 2006. The Real Estate Committee of the City Council discussed compensation for the right-of-way and decided upon a value of $1 ;86 per square foot. The Port Angeles Planning Commission held a public hearing. on the proposed street vacation on March 8, 2006. 2. 3. 4. 5. 6. 7. 8. 9. J - 16 Planning Commission Minutes March 8. 2006 Page 3 Conclusions: A. The unopened right-of-way serves no purpose to the current or long range transportation needs of the City. The proposed vacation '}Vill place unused property on the City's tax roles and therefore, the vacation serves the pub!ic interest. B. The vacated right-of-way will be consolidafe~ with surrounding residential property and shall be developed in a manner consistent with the RS-9 zone which would therefore be in compliance with Section 17.11 ( RS-9 Zone) of the Port Angeles Municipal Code. C. The proposal is consistent with the goal~ a,nd policies of the City's Comprehensive Plan specifically Land Use Map Goal, policies'alJ,d Objective Element Goal A. The motion was seconded by Commissioner Kalish and passed unanimously. J -17 . . . . . . ~ORT.ANGELES e; FILE WAS H I N G TON, U. S. A. DEPARTMENT OF COMMUNITY& ECONOMIC DEVELOPMENT TO: Planning Commissioners FROM:: Sue Roberds, Planning Manager DATE: March 8, 2006 RE: STV 06-01 PETITIONERS: Charles Anderson, David Stofferahan OWNERS: Charles Anderson, David Stofferahan, William and Gladys Wallace, and Dennis Jaksha REQUEST: Vacation of City right-of-way - a portion of''P'' Street south of Milwaukee Drive and a portion of 16th Street abutting Suburban Lot 83 DEPARTMENT RECOMMENDATION: The Community & Economic Development Department recommends that the Planning Commission forward a recommendation of approval to the City Council of street vacation petition STY 06-01 based on the findings and conclusions found in Attachment A to this staff report. BACKGROUND: A petition requesting the vacation of City right-of-way was submitted by Mr. Charles Anderson and Mr. David Stofferahan on January 10, 2006, for a portion of the remaining unopened "P" Street right-of-way that abuts their property ownerships. The petition also requests the vacation of a portion of the unopened 16th Street right-of-way abutting Suburban Lot 83 which abuts only Mr. Stofferahan's property. The south portion of 16th Street has not been dedicated so Mr. Stofferahan is the only affected property owner along 16th Street. The petition is valid as the signa tors constitute 100% of the property owners abutting the right-of-way being petitioned for vacation. . The subject property is situated south of Milwaukee Drive and west of Reyes Street. The remaining portion of "P" Street that is being requested for vacation is not needed for utility improvement to the area. In fact, the west portion of the right-of-way was previously vacated (1999) in trade for a portion of 16th Street as it was anticipated that future right-of-way development in the area would be 16th Street not "P" Street The vacation is proposed in order to J - 18 Economic & Community Development Department Staff Report March '/, :WUb . STV 06-01 Anderson .p.....Q .', . ,J....,... U.b ~~"~".'i. \ . .,~ "~ facilitate strbdiVision of the Stofferahan property abutting the rights-of-way. :Mr. Anderson's property, abutting (west) the remaining portion of '<P" Street will retain main access from Milwaukee Drive ffild 16th Street, so a third access point is unnecessary to the development of . that site. As the western portion of the "P" Street right-of-way was previously vacated, the remaining portion would be vacated entirely to the Stofferahan property to the east of the right- of-way. Although 16th Street was vacated some time ago, it has become apparent over the past ten years that re establislm1ent of the corridor is needed to provide a logical transportation pattern in the area, and recent development activity };las included a requirement to rededicate the right-of- u'-"" C!,vt",,,,,.,t"h Qt1'p",j',,, ,.,,,1' "',., . ",rt",,..;",1 "'''1',;,,';t '" ""1-.,,,,1 ur",l1r,,.,rr 1'""t", 'T'"h", P"1-.1';,,, TXT........lrn f'ic.l-'y. i-I...~.........._.........&..a. ......~v_....LU ...........,... 1Ido.I..J. .....................A._.a. .....a._... ........ ..... _ ....-_J........,.....,... ,.., -~o ....--...-. ..L~_..L ",,"U.1..J."-' y.. \.J.....l.~r.=J Departmenthas determined that development of the right-of-way to City standards can be accomplished within a 60-foot right-of-way. While it is possible to develop the Stofferahan property in a logical mmmer without vacation of the north 5' ofthe 16th Street right-of-way, the dedicated right-of-way abutting the subject 'site (the Stofferahan property - Suburban Lot 83) is 35' north of expected centerline, and vacation of the north 5' ofthe right-of-way would leave the expected 30' (north of centerline) for the future development ofthe corridor. DEPARTMENT REVIEW AND PUBLIC COMMENT: . The Public Works and Utilities Department has no objection to the proposed street vacation proposal. No utility easements are required at this time. . The Fire Department has no objection to the proposed street vacation. . The Police Department made no comment on the proposed street vacation. . . The Department of Community & Economic Development: Zoning in the area is RS-9 and RS-1l Residential Single Family. Existing development in the area is mainly on larger lots and is single family residential. Access to the area is via 14th Street as Milwaukee Drive is as yet undeveloped in the area. Areas of potential impact of the proposal ar.e summarized as follows:' . Traffic Patterns: Established traffic patterns in the area will not be affected by the vacation as the subject right-of-way does not function as a through street nor is the right- of-way necessary to access properties located east of the petitioners' ownerships. Development Patterns: The proposal will not adversely impact existing development in the area and will enable logical subdivision of the abutting property. Environmentally Sensitive Areas: Non exist. Public Health, Safety and Welfare: Vacation of the proposed right-of-way will not interfere with the public's health,. safety,. welfare, or use of that portion of right-of-way that has been historically used by the neighborhood. The right-of-way has no value to the . City as public space and returns no revenue in the form oftaxes while in public ~~~. . J - 19 . . . Economic &. Community Development Department Staff Report STV 06-01 Anderson Page 3 March 7, 2006 PUBLIC NOTIFICATION: The site 'was posted and notice of the petition filing was published in the Peninsula DatI", News on Febmary 22,2006, regarding the proposed action. No comments have been received~ COMPP...EHENSJVE PLAN AND ZONING ORDINA~.NCE: The subject area is designated Low Density Residential (LDR) on the Comprehensive Plan Land Use :Map with surrounding properties zoned RS-9 and RS-ll Residential Single Family on the Cit);'s Zoning 'Map. The Comprehensive Plan was reviewed in its entirety in consideration of the proposed street vacation. Specific goals and policies found to be most relevant to the proposal are identified in Attachment B to this staff report. El\~TJ:RONl\1ENTAL REVIEV\7: The vacating of a street is categorically exempt from the State Environmental Policy Act (SEJlA) review per Section 197-11-800(2) (1) oithe INasbington Administrative Code. This action constitutes a recommendation to the City Council. The City Council has scheduled a public hearing for consideration of the petition at its March 21,2006, regular meeting. Attachments: A - Condition. :findin~s, and conclusions in support of street vacation B - COlflPrehensive Plan and Zoning lnfonnatIon C - PetinoD T:\STV\0505Gardner.wpd J - 20 . . . J - 21 . . . ~.:' t:h ::t:~::,!- Economic & Community Development uepanment ::;iliti kepoh STY 06-01 Anderson Page 4 IVlall;ll I, ~uuu ATTACHMENT A Conditions, Findings, and Conclusions in Support of Street Vacation Petition - STY 06-01 Findings: 1. A petition requesting vacation ofthat portion of the unopened"P" Street right-of-way south of Milwaukee Drive and north of 16th Street and the north 5' of 16th Street abutting Sllhnrhan T .ot Rl was sllhmi1tec1 on Janllarv 10. 200h. AhllttinQ" nronerties ::Ire ownec1 hv ._ .. _ ."_ . .n..- .._. . _ _ _ . ..._ _. '. ~ " ......L..... ,... ,. - J the petitioners Mr. Charles Anderson and David Stofferahan. 2. RCW 58.17 requires the signatures of two thirds of abutting property owners to be valid when a vacation of right-of-way is proposed. The subject petition is signed by 100% of the abutting property owners. 3. Abutting properties are zoned RS-9 and RS-l1 Residential Single Family and those that are developed contain single family stmctures. The RS, Residential Single Family zones allow the basic single family development uses including accessory stmctures with lot coverage up to 30%. 4. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right-of-way. Land Use Map Goal, Policies, and Objective Element Goal A is relevant to the proposal. The City of Port Angeles' Real Estate Committee met on February 13,2006, and established a value for the unopened right-of-way. 6. The vacating of a street is categorically exempt from aState Environmental Policy ADt (SEP A) review per Section 197-11 '-800 (2) (h) of the Washington Administrative Code. 5. 7. The site was posted for a land use action on February 22,2006, with required publication notification in the Peninsula Dai/v News on February 26, 2006. 8. At its February 21, 2006, regular meeting, the Port Angeles City Council established a public hearing date by resolution for action on the street vacation petition as March 21, 2006. The Real Estate Committee ofthe City Council discussed compensation for the right-of-way and decided upon a value of $1.86 per square foot. 9. The Port Angeles Planning Commission held a public hearing on the proposed street vacation on March 8, 2006. Conclusions: A. The unopened right-of-way serves no purpose to the current or long range transportation needs of the City. The proposed vacation will place unused property on the City's tax roles and therefore, the vacation serves the public interest. B. The vacated right-of-way will be consolidated with surrounding residential property and shall be developed in a manner consistent with the RS-9 zone which would therefore be in compliance with Section 17.11 ( RS-9 ZOne) of the Port Angeles Municipal Code. The proposal is consistent with the goals and policies of the City's Comprehensive Plan specifically Land Use Map Goal, Policies and Objective Element Goal A. C. J - 22 Cll'? nF PC(RT iJ~GELES ;~J: i. . . . . , :. STPj!;ET VACATIONPE'Ul1C>!'i- ~J j'!';N i [i 'T<I!.IR '..-j2i{ J r _I; ~,. J" J ;1,' j C~.....v nt- ,. _ A ' -r.7 I . f- rl, ,I..Jr-+,'r.RT}' .,.,-. TO:. The City Cmmcil o[the. Cl.tF o}POJ1 ~";J.ngt:.].::!.J.J 11'W;'lingt071- 1 uept.Dr/"'''m'''''' ';J .-r,..,-;~j r:'f' i _. _ _ ~ ._~ r;'t!Jfi:tIJ!.).. "D;:::~:-0 1 . --";"-~I:;"~'l~~~~.12}.., t . " 8oIIitl1Dl1:W'uudc:rsigneB pctiriClncrc;md'pUIItun:uno '{.:o.aJi~J5:7.91.:...CW T,::[7r6-~.r;';h;. d' .' . _ .' r ... -.LLU-! .J 1iD. Ol',.r: 1. 1'ho )IDIlf:rcip>od Jld1iIi1:m= :r&~""", film fhz iLlllo"o:ng ilcsoribod po..iinn of &,,-,"7 Y.. "F I' 57 '!tr-otI 'jJov io ru, City 01'"00 '..:n"'"'" be .".",md Jllll"""'" 10 ChI1J=: 35 .79 RCW (i"un I", d". .. ." ..... ... _ -' _ _ _:;:: . -Q ~ ~... . u anD"'- tn6 p771p51J' ~tedjonowtion h.Jcr;>). t3c:i~ i l'""- m" ~","-ifL < 'h. ,7'1,,,, t.l, ,7 "';:. I . - r ~ oF- r(Vt Sf. 1)-c7~"- rt'f(J Sf, f t Sf. ~ En.cl1 oftbt: undersi.~ed "p~tiiiDners is the ov..r;D.5f of .an inttJ'~lrt. m real r:;s1ate .a.buti:i.u1:T on -1.'1-.,.,. I b _. ~ _ . _ . . ;::> LJ..I._ ~ ove tb!:::;r!lJ:::d m;a . . . .;I. 1-persons ovm prop~-tj ,s1Jntting onEai.fl z,oa. . The Dml~ Z!315. 2J111Ie,SB::=S Dfp:rnp~1Y Q'WD.:ArS Jib1,1.'ttinE on we. zrmu; CJIe i!.S .fDllo~~; }!""," yr1Dbl9 J.rld",.. frh d..t../J cr-:--- ()53 ,n(J wr--......tL.c.:-... r9 To' (' f", ,t.r.J..{ .s - . e. LJ II hiT"" t. &["JyS wFrlt--t.lZ I . lb"tl'li} DJ T~sJ'ti\* Tf[. ;)7/ I Lv\ / f 7'1 '4, . .." nf:. . i6 'nJ 12 e'res ...- ~ [1 D' ;; 0 Ou i OF?' J"'1::J l{j;?-'i c}1(7 OL3Dt;.{;!}c) 'o/),':;l I:) LfrJ.-f?'1IY ot;'J'OO'D J'(19gD1;' . ~l . <J l~~l; . tJfjl!;Jj r2. S70f;4 r_l." . . "?-0 Jl} w. J'if .-,1;, JT. Pit '1?:1.f,"3 ~. Th;:md::;rsig.nedpcti:tionen;'~ ;o:lore -t:ful.D. two thirds ofme DWJJ.e:r:S of~aid abuti:ing p:ropaty. WBEF.EFOF.E. the petitionElrS 2.Sk fh;:rtproc;eedinga be tomrnenc::ed..k:reOJlfor the .;... .. . . ~e~"-' . "7l'\ _ ../A1'_ . th - ~. ,.acEIlOlJ oi "'" _ of ssirl _ " K '.."" _ Str.",,~-ym 0"""""'F.""0.00"" m Chapter 35. 791'"CW.' R~eDtfu]1~ sub:rnit\:ed. }1RlIl.e AdOn;~ CfM04~ /?:?3uJ~;4<)WI!g;. Phone --0' 3M -J//7~/9 - I .. I .11........ .......... .. .. ......... .,' . Fnf:l{o. ~ rT'f'l! rJ1!p(jllT .l1ar.m :RP. ~?1 J;""I J:n.fr:b J:lrr1o/'1 ." n 'J:lnv ",n ?nrl .J,.~~'~' 111..1 flJr"m t:lr.n', ill? I.7t:r. . . . i;:::?i>~i!:~?t1"~~j;JV'-" '"f" ~r'~i2'?fi~?J- ; Economic & Community Development DepaTtment Staff Report STV 06-0] A.Jlderson Page 5 Marcll 7. 2006 ATTACHMENT B COMPREHENSrVEPL-~N and ZOT\TING ORDINANCE COMPREHENSIVE PLA,N The subj ect property is designated as Low Density Residential (LDR) on the City's Comprehensive Plan Land Use Iv1ap. The Comprehensive Plan was reviev,led in its entirety ill consideration of the proposed street vacation, and the following goals and policies were found to be most relevant to the proposal: Land Use Map Goal. Policies. and Obiective GoalA - To guide current and future development within the City in a manner that provides certainty to its citizens about future land use and the flexibility necessary to meet the challenges and opportunities of the future. ZONING: The site and surrounding areas that are not inclusive of White's Creek are zoned RS-7 Residential Single Family (RS-7) on the City's Zoning Map. The purpose ofllie RS-7 Zone is: 'This is a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on standard Townsite- size lots. Uses which are compatible with and functionally related to a single family residential . environment may also be located in this zone. JJ J - 24 . ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, vacating portions of "P" Street and Sixteenth Street, in Port Angeles, . Clallam County, Washington. WHEREAS, a petition is on file with the City of Port Angeles to vacate portions of "P" Street and Sixteenth Street in Port Angeles, Clallam County, Washington; and WHEREAS, street vacations are categorically exempt from the requirements of the State Environmental Policy Act (SEPA) rules as set forth in WAC 197-11-800(2)(h); and " WHEREAS, a public hearing has been held by the City Council following public notice pursuant to Chapter 35.79 RCW; and . WHEREAS, said vacation appears to be of benefit to and in the interest of the public; and WHEREAS, the City Council fmds $1.86 per square foot to be the fair market value of the vacated right-of-way; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1 - Vacation. Subject to the terms and conditions of this Ordinance, the following right-of-way, as depicted on Exhibit "A", is hereby vacated: . The east half of "P" Street lying south of the south margin of Milwaukee Drive and abutting Suburban Lot 83; and the north 5 feet of Sixteenth Street abutting Suburban Lot 83, and a westerly prolongation of said north five feet to the centerline of "P" Street, Townsite of Port Angeles, all in Clallam County, Washington. -1- J - 25 . Section 2 - Compensation. Pursuantto RCW 35.79.030, the compensation required for the vacation of this street is $26,863.42. Section 3 - Effective Date. This Ordinance shall be effective only upon the payment of the required $26,863.42. Upon that satisfaction, the City Clerk is hereby directed to publish this Ordinance and to file a certified copy with the Clallam County Auditor and the Clallam County Assessor. PASSED by the City Council of the City of Port Angeles at aregular meeting of said Council held on the day of March, 2006. MAYOR ATTEST: . Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: .2006 By Summary G:lLegal_BackupIORDINANCES&RESOLUTIONSI2006-01.AndenonSTV.031406. wpd March 15,2006 . -2- J - 26 . . . EXHIBIT ..4 " 6<flif3 ~~~O~D O? ~U~~~V PORTIONS OF SUBURBAN LOT 83, TOWNSITE OF PORT ANGELES CLALLAM COUNTY, WASHINGTON for: ALEX MARSHALL ~ "'- /-E' ~~''''''/7-'b.l / ~ "-.., ;>0. )~~' ( X---,.\----I< ~)fI~T/A/6 "-E.NC<: / '.. ~ ""', "J~ ". '" .....~ "- / '.~ . ,,';'''''~' ~ "'" / v .> s-_' '- _____ ^-.. $..~ .,.....~ ~ "--- %. ---~ / /YJ .f6 t1'1.95" .. ~~.;:---" ____~ I .,'1 . ""~ "",. ~ --- /' .t~q ___O/?' - .---:...~"~~Yi\ ~ '- <: ___I I r MIL-WAU}(.E{, ~~. ---- ------/----- - -. -<>.".~~. ...~ . . . . ~ '~7'/(,& o.s>~c:>. K~"C:;" r:. _/>--- - . .N 11/ . .~....' """ ~'"- r, % :"-.. oS;>--.(..; -0-..... _./j . ~.J:t~ .~: n><AvD :::. 1//-'1:>' """ '-~: cv-' L..::s. 91?!1" Ar , - ~ tf7./Z':j ,'a/IOG : LOT 'Ft1UAIf) ~A$:S or MY C<LC'aY n-:. l '''-tJ6 IAI c~c ,PI?~nt:JAI I,~ ' V AT I~TNllJ :!JT , 1/1 ,_<.~ .....l' a'l T'Z'~D '\ --.r:; i' 7. 36 AC. "b .~ ~~;' j".<' ~. ~l' / ......... i~Y. ' '.po, ~rPtJAjO iUA6. ~ ~_ CV" IAI C&Vl!C. ~"$: AT /"./}>>"OAJ ~-::~.." ~~ oS,>- "..."'c. . "- @ 38 CrawL> _"66 CAP !IV C.exrC': ON 7-Z- 9<=' .?E'GE'1!tZ I.,: " . l/I\! ~~ ~~ H ~~ ~~ ~~ h !oj ~~ ~~ @ ~r 1C&1J4.~..A.If.K,l c.4.P", "WAflrr~, L.6./4/0i''' I :5LJI3. LOT 13'1 r---_ IJ W' 6tJ , '"" ~LC:I"lIO' EA6cMENT rM CITY ..yIW A:S ,.-el{. A/'*: Na ~Z87~~ :5LJI3. LOT 132 NOTES: I. 7'"H1:!5 :nvrVEV HM~ r~J(n>>rML!:D /$Y r/~LO nrAVl!'A".:s~ tI!JJN6 ,;t /19 ~~COAlO ~L.bCL T.orAL. ~;rAr/oOAI T"HEOOOLJrE" . .:-...:.. '.. ~ / ~ Ft'JVA/D ~~/ CAP 1..::S'. /21'StO- Ar a 39'6 ar MY CAL.C '0. ,P05/ T Ja.-t/ L. '.....~..-rry PE6CKJ/"r/Af/- ~C& ~. 7~3 bl' O&ED~, ~. qe.s~ Al.Ia ,.~~ .A..t:), $&.98",5". ,Rec"/CP~ OF C~UAM co.., H/A.:s..v. AUO/TO/?'.S CERT/FICAT~ I"ILl!O tyR.t?ECORO THIS ..f.LlJC-oAy OF '/O.I'7_1,v, 19.1?/), Ar~ L:./'1IN VOLUME..1.$... OF SURVEYS Ar PA~E~ A r THE. ReaUEST OF R H. WIN TERS Co., 1/v'C.. ~ r SURVEYORS CERTIFICATE rHIS MAP COI(Ie'ECTI..Y' I<:EPRESeNTS A SURVEY M/lOt; l:JY Me OR lINOEIe' MY OIRECTION IN CON~~'k~7/bIN'" WITH THE RcO'./IReMENTS Or THE SURV. Acr A T THe {?et)IIEST OF AI.EX MM6HALL.. .I.(;~:~~~..~~" . . ~ l----- '. fA. 1\ !.,. ;~'.'. . ~ R.H. WINTeRS, 1..$ IDI04- ~'i~. . \o(r.(q. '-.~ .:p". ~ J... .. ~';'(' Ol!pvry cov.VTY AVOITOR: R.lf.WINTERS CO. INC. SURVEYING & MAPPING 1510 HWY, 101 w. SEQU',. I WA. PH: 683.33&3 PT TOWNSENO PH: 38'-'225 \.".:.. J - 27 1- . . . DATE: To: FROM: SUBJECT: pORTNGBLES WAS H IN G TON, U. S. A. CITY COUNCILMEMO March 21, 2006 CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities ~ Equipment Purchase - Truck Service Beds Summary: Invitations for bidding for two utility boxes and two 3-way dump bodies were solicited with a bid opening date of February 14, 2006. The City received bids on the utility boxes from Nelson Truck Equipment Company and Valley Truck. Valley Truck was the low bidder. No bids were received for the equipment purchase on the 3-way dump bodies. Sufficient funds are available from equipment reserves for this procurement. . Recommendation: (1) Authorize the City Manager to sign a contract and purchase order with Valley Truck for the purchase of two utility boxes and (2) Authorize City staff to conduct a ne otiated rocurement for the 3-wa dum bodies. Background/Analysis: In late 2005 the City received four truck cab and chassis from Port Angeles Ford with the intent of outfitting them with two utility boxes and two 3-way dump bodies. On February 14, 2006, Nelson Truck Equipment Company (Kent, Washington) and Valley Truck (Sunnyside, Washington) bid on the two utility boxes with Valley Truck being the low bidder at $45,410. No bids were received for the 3-way dump bodies. Bidding information on the truck boxes is summarized in the following table. Bids for. Utility Boxes Purchase Contract No. 06-07 (Prices Include Sales Tax and Fees) Bid uote $24,050.15 $24,642.41 $21,360.03 $26,690.12 No Bid Tall Covered Utility Box. 3- W ay Dump Boxes (2 each) K - 1 N:\CCOUNCIL\FINAL\Equipment Purcl1ase - Truck Service Beds.doc March 21,2006 City Council Re: Equipment Purchase - Truck Service Beds Page 2 Funding was budgeted in 2005. The balance for the truck service beds was transferred to reserves and is sufficient for the procurement. It is recommended that City Council authorize the City Manager to sign a contract and purchase order with Valley Truck for the purchase of the two utility boxes. It is also recommended that the City Council authorize staff to negotiate directly with a vendor for the 3- way dump boxes since the bidding requirements have been satisfied. Staff will return to City Council to have the procurement of the boxes authorized after negotiations are complete. K-? N:\CCOUNCIL\FINAL\Equipment Purchase - Truck ServIce BeJS:doc . . . . . . DATE: To: FROM: , SUBJECT: ~RT.NGELES WAS H I N G TON, U. S. A. CITY COU NCIL MEMO March 21,2006 CITY COUNCIL ~ t--- Glenn A. Cutler, Director of Public W o~ties Equipment Purchase: 2006 Light Duty Vehicles Summary: Bids for nine light duty trucks and utility vans will be opened on March 20,2006. The City has solicited bids from all local automobile dealerships and will also use competitive pricing from State bidding contracts. The bid summary will be submitted as a late item at the City Council meeting on March 21,2006. Recommendation: Authorize the City Manager to sign contracts and purchase orders with the low bidder(s) for the nine light duty vehicles. Background/Analysis: On March 7, 2006, bids were solicited for nine new light duty trucks and utility vans for the Public Works and Utilities Department. The 2006 budget and excess reserves contain funding sufficient to purchase these nine vehicles. These funds have been transferred to the Equipment Services Division and are available for the procurement. The existing vehicles are beyond their economical life and need to be replaced. All vehicles are available on the State bid contract for this procurement. In addition to pricing from the State bid contracts, bids have been solicited from all local automobile dealerships. The bids will be opened on March20, 2006. The bid summary will be included in a [mal version of this memo and submitted as a late item at the City Council meeting on March 21, 2006. The pre-bid results for the comparative State bid contract vehicles are summarized in the following table. N:\CCOUNCIL\FINAL\Equipment Purchase - Light Duty ~ehic~.doc March 21,2006 City Council Re: 2006 Light Duty Vehicles Page 2 . Bids for Light Duty Vehicles Purchase Contract No. 05-15 A, B, C, D, E, &F (Prices Include Sales Tax and Fees) Local Schedule Vehicle Type State Bid Vendor Budget A 05505 (1 each) %-ton pickup (*) $16,227.26 TBD $35,000.00 -. B 05705 (2 each) cargo (utility) van $37,433.88 TBD $40,000.00 . 05305 (3 each) C small ext cab pickup 4x2 $46,121.40 TBD $63,500.00 05305 (1 each) D small ext cab pickup 4x4 $20,415.88 TBD $20,000.00 05605 (1 each) E Cab and Chassis 1 ~ ton (**) $23,687.14 TBD $40,000.00 05605 (1 each) F Cab and Chassis 1 ~ ton (**) $26,827.00 TBD $40,000.00 . (*) budget includes funding for lift gate to be purchased separately (**) budget includes funding for 3-way dump truck bed to be purchased separately . N:\CCOUNCIL\FINAL\Equipment Purchase - Light Duty~ehici1.dOC . . . CITY OF ~,.,.,"."'.".". . . - WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: March 21, 2006 To: CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works and Utilities ~ SUBJECT: ERICKSON PARK SKATE PARK IMPROVEMENTS Summary: The Skate Board Park facility designed and constructed by the Nor'wester Rotary Club became a reality in September 2005. There are several items that need tobe completed. The cost of these items is $28,000. ' Recommendation: Direct staff to complete the remaining items and allocate additional funds in the amount of $28,000 from the Governmental Fund for Capital Projects to complete the imnrovements. Backi!round/Analvsis: In April 2005, the City entered into anagreement with the Nor'wester Rotary Foundation to design and construct a skateboard facility at Erickson Park. The city agreed to fund $25,000 towards the cost of the facility. The facility was beneficially completed and became operational in September 2005. To date, there are several planned improvements that have not been completed due to insufficient funding. The remaining improvements (Exhibit "A") are: . Install entry sign/landscaping . Construct Sidewalk . Install Fencing . Establish grass in disturbed areas . Install Park B'enches and Picnic Tables . Construct a Plaza Staffhas met with representatives of the Nor'wester Rotary Club concerning the remaining work items. The expense to date for the Nor'wester Rotary Club is approximately $300,000. They still have to raise $50,000 to $75,000 to pay off their $300,000 commitment. The total estimated cost of the remaining improvements is $35,000, including a 10% contingency. It is proposed that the park benches and picnic tables be supplied through the City's Memorial Donations Program reducing the cost to $28,000. It is desired that these improvements be completed prior to this summer; before maximum use of the facility begins. The Parks & Facilities Council Oversight Committee has reviewed the workto be completed and recommends that the Council authorize the completion of the work and allocate the additional funding. Attachments: Improvement Plan K-5 N:\CCOUNCIL\FINAL\Erickson Park Skate Park Improv~ments.doc . . . K-6 . . . /-;.....C- WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: March 21, 2006 To: CITY COUNCIL GlennA. Cutler, Director of Public Works an~ Accept Federal Transportation Enhancement Program Grant FROM: SUBJECT: Summary: The City was successful in obtaining a Federal Transportation Enhancement Program Grant in the amount of $363,000 for design and installation of curb, gutter, and sidewalks on First Street, between Golf Course Road and Liberty Street. The local matching funds required for the project will be $67,000 ($25,000 cash and $42,000 in-kind engineering). A Local Agency agreement with WSDOT is required to obligate the funding. Recommendation: Accept the Federal Transportation Enhancement Program Grant in the amount of $363,000 for the design and construction of curb, gutter, and sidewalks on First Street, between Golf Course Road and Liberty Street, and authorize the Mayor to execute the Local A enc a reement. Background/Analysis: The Federal Transportation Enhancement Program is a federal transportation grant program administered by Washington State Department of Transportation (WSDOT) for funding oflocal and statewide projects. Enhancement grants are restricted for transportation related activities that are designed to strengthen the cultural, aesthetic, and environmental aspects of the Nation's inter-modal transportation system. The program provides for the implementation of a variety of non-traditional projects, with examples ranging from the restoration of historic transportation facilities, to bike and pedestrian facilities, to landscaping and scenic beautification, and to the mitigation of water pollution from highway runoff. The City of Port Angeles, with support from the Clallam County Public Works Department, the Driving 101 Traffic Safety Project Steering Committee, the Clallam County Sheriffs Department, Clallam Transit, and Downtown Forward, submitted a grant application for the Eastern Corridor Entryway Phase 2 project. The application for the project was submitted to the Peninsula Regional Transportation Planning Organization (PRTPO), and Public Works & Utilities Engineering staff made a project presentation to the PRTPO selection committee for prioritization. The PRTPO then forwarded our project on to WSDOT for further funding consideration since the size of the project required it to compete on a statewide basis for the grant. The City was successful and funding has been approved. This project, Eastern Corridor Entryway Phase 2, is the second phase of curb and sidewalk . construction to improve the eastern entrance to the City. The first phase, also an Enhancement Grant, improved Front Street from Golf Course Road to Ennis Street with new curb, gutter, sidewalks, and K-7 . N:\CCOUNCIL\FINAL\Federal T.ransportationEnhancement Program Grant.doc March 21,2006 City Council Re: Enhancement Grant Page 2 street trees. This project will also design and construct curb, gutter, sidewalks, and street trees on First Street between Golf Course Road and Liberty Street. The estimated total cost of this project is . $430,000. The City's grant match requirements would be $67,000 total. 'It is proposed that $25,000 of the match come from the 2007 Government Fund sidewalk program and the $42,000 balance will come from in-house design and construction engineering. . . K-8 . . ~I Jar 'R')T'rft;.: /. 'Nt r i ,_ :f" -/: '~ ,;" t, . '. :.#~, ....:.. . . ........ . ,: ..c , , l .......".....,,'" ...._..,_; m......... Eh'" .......:..t...E......S'.' ," i )1:, .! I (;.. , .! -: ............! ....."....i ,........... ...~ ~~ WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: MARCH 21, 2006 . CITY COUNCIL _I . ,.{/ \ " YVONNE ZIOMKOWSKI, FINANCE DIRECTOR~J\.L PORT ANGELES TEEN HELP (pATH) GRANT To: FROM: SUBJECT: Summary: Staff is proposing to close the fund established in 1995 for the Port Angeles Teen Help (PATH) grant. The grant money was expended in 1995 and 1996, mostly to the YMCA for its Teen Center. There is currently a balance of $3,840.60 in this fund, which has been accumulated over the years from interest and other contributions. Recommendation: Staff recommends disbursing the remaining funds in the amount of $3,840.60 to Serenity House of Clallam County to be used for its Dream Center. Background / Analysis: In 1995, the City applied for and received a PATH grant. This grant had several goals which included involving at-risk youth and adolescents in positive community- based activities; providing them with specific knowledge, skills, models, and opportunities for development as productive, responsible citizens; and increasing access to and use of needed social and supportive services. Most of these funds were disbursed in 1995 and 1996 to the YMCA Teen Center, to be used to expand its services and hours of operation for at-risk and risk-prone youth. The money left in the fund is a result of interest over the years as well as other contributions. Disbursing the remaining balance of$3,840.60 to Serenity House ofClallam County to be used for its Dream Center is in compliance with the goals ofthe grant. The Dream Center is a place for teens to check email, use the computer and telephone, and attend support group meetings. Volunteer counselors are on the premises to help teens find ajob, references and a place to live. The Dream Center targets homeless' and at-risk teens. This issue has been discussed and approved by the Finance Committee. Staff recommends the Council approve disbursing the remaining $3,840.60 in the PATH grant fund to Serenity House of Clallam County to be used for the Dream Center, which is consistent with the Oliginal purpose of . the grant. K-9 . . . CALL TO ORDER- SPECIAL MEETING: Army Corps of Engineers Presentation on Flood Mitigation Measures ADJOURN SPECIAL MEETING: CITY COUNCIL MEETING Port Angeles, Washington March 7, 2006 Mayor Rogers called the special meeting of the Port Angeles City Council to order at 5:08 p.m. Army Corps of Engineers Presentation on Flood Mitigation Measures: Mayor Roge~sextended a welcome to the members. of the Lower Elwha Tribe who were presentfor the meeting: Phil Charles, Robert Elofson, and Russ Busch, Attorney. She also welcomed Bill Laitner, Superintendent of Olympic National Park, and Brian . Winters, Project Manager. Public Works & Utilities Director Cutler informed the Council that, prior to the deconstruction of the Elwha Dams, it is Ilecessary to build . water mitigation facilities and t() establish flood protection for those facilities adjacent to the Elwha ~ver. Director Cutler introduced Mr. Zac Corum, U.S. Army. Corps of Engineers, who submitted a PowerPoint presentation on flood protection for the Elwha Restoration Project. Mr. Corum provided an extensive presentation, discussing the Corps background in the Elwha Valley, a flood protection overview, and flood modeling as the b;'lsis for the design. He explained the calculation of levels of risk,. accompanied by the determination of velocity, depth, and duration of design floods for structures of interest. Mr. Corum summarized a comparison of Elwha River flows, flood modeling, accounting for uncertainties, estimlited impacts of sedimentation in the river, and flood level changes. He further discussed floodplain changes that are expected near the water treatment plant on ~e Elwha and at the Ranney Well, and he reviewed the design criteria for flood protection at the water treatment plant. Mr. Corum provided a detailed overview of the flood protection project, as well as the options to be considered, such as doing nothing, levee and riprap, pile debris barrier with turnaround and catwalk, or Gabion basket floodwall with turnaround and catwalk. He reviewed in depth the details of the current plan, indicating the City's engineering team would need to conduct a thorough review of the plan and designs. Additionally, he noted the operation and maintenance of the levee would be the responsibility of the City. At this time, Mayor Rogers welco11,1ed County Commissioner Mike Doherty and Elwha Executive Director John Miller. She then opened the meeting for discussion, and Dr. Winters indicated the National Park Service must meet with the users to detennil1e the preferred option. Director Cutler posed a variety of questions to Mr. Corum.i:lnd Dr. Winters, and Dr. Winters indieateda written report will be submitted forreview as soon as possible. He projected that a draft should be ready in about a month. Director Cutler stressed the importance ofh~ving the Crown Z Road operable at all times, and he reinforced the importance of the industrial line. Lengthy discussion followed, with . Mr. Corum and Dr. Winters discussing the levee inspection and rehabilitation program, as well as the life expectancy of the levee facility being proposed. The special meeting was adjourned at 6:40 p.m. L - 1 - 1 - CITY COUNCIL MEETING March 7, 2006 CALL TO ORDER- REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PRESENTATIONS, CEREMONIAL MATTERS & PROCLAMATIONS: Proclamation - Ron Jones' Induction into Washington Music Educators Association Hall of Fame Presentation of Check from National Park Foundation Proclamation in Support of W orId Kidney Day March 9th Report from United Way for 2005 Human Services Funding and Recommendations and Contract for 2006 Mayor Rogers called the regular meeting of the Port Angeles City Council to order at 6:41 p.rn. . 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, Clerk Upton, G. Cutler, T. Riepe, T. Pierce, G. Kenworthy, N. West, S. Johns, P. Bartholick, K. Dubuc, and S. Roberds. . Public Present: M/M R. Flake, T. Jennings, J. Moss, R. Headrick, P. Lamoureux, V. & L. Sproat, S. Zenovic, J. Powell, J. Ciaciuch, R. Leach, C. Kidd, J. Ralston, L. Rotmark, P. Miller, S. Tikka, J. Smith, L. Olsen, A. Hoban. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Munro. 1. Proclamation RecognizingRon Jones' Induction into Washington Music Educators Association Hall of Fame: Mayor Rogers read and presented a proclamation to Port Angeles High School Orchestra Director Ron Jones, recognizing his induction into the Washington Music Educators Association Hall of Fame. . 2. Presentation of Check from National Park Foundation: Bill Laitner, Superintendent of Olympic National Park, presented Mayor Rogers with a $5 million check from the National Park Foundation as partial payment for future operations and maintenance of the City's water treatment facilities. 3. Proclamation in Support of World Kidney Day March flh: Mayor Rogers read a proclamation declaring March 9, 2006, as W orId Kidney Day in Port Angeles; the proclamation was accepted by Kathy Lilienthal, Northwest Kidney Center Foundation. 4. Report from United Way for 2005 Human Services Funding and Recommendations and Contract for 2006: Jody Moss, the new Executive Director of United Way, thanked the City for its 2005 funding, and she provided a detailed report regarding the 2005 fund recipients. Ms. Moss then summarized the funding allocations and new programs being recommended for 2006. She noted that, this coming summer, she would bring all agency representatives to a City Council meeting to submit status reports. Discussion followed as to reports submitted on behalf of those residents living in the incorporated versus unincorporated areas of Port Angeles. Councilmember Wharton discussed specific funding recommendations, and the focus on youth and prevention. Councilmember Wharton moved to accept the funding recommendations and authorize the Mayor to sign the contract with United Way for the administration of the City's 2006 Human Services funds. The motion was seconded by Councilmember Erickson and carried unanimously. L-2 - 2- . . . . Break WORK SESSION: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: PUBLIC HEARINGS - QUASI-JUDICIAL: Ralston Rezone - Park / Porter CITY COUNCIL MEETING March 7, 2006 Mayor Rogers recessed the meeting for a break at 7 :02 p.m. The meeting reconvened at 7:14 p.in. None. Manager Madsen added an amendment to a Purchase and. Sale agreement for Valley Creek property as Finance Agenda Item K.l., and Councilmember Braun asked for an Executive Session regarding the candidates for the vacant seat on the City Council. 1. Ralston Rezone - Park / Porter: Mayor Rogers read the rules of procedure for the public hearing, and she asked appearance of fairness questions pf the City Council. Councilmember Williams disclosed that he is a realtor and, to his knowledge, there. are no active or pending transactions. He felt he could be impartial on the matter. Councilmember Munro indicated that John Ralston is the insurance broker for his business, but he was unaware of this request. Mayor Rogers added that her husband is also a realtor, but he has no knowledge. of this development. No one in the audience stated that any of the Councilmembers should be disqualified from the consideration. Associate Planner Johns presented the staff report on the proposed rezone of 1.86 acres ofRS-7 to RMD (Residential Medium Density), which is a portion of a larger 3.73 acre parcel at the comer of Park Avenue and Porter Street. With the use of P owerP oint slides, Planner Johns showed the location of the parcel, zoning of surrounding properties, the designation in the Comprehensive Plan, and the fact that this property could be zoned at a higher density than its current zoning. He reviewed the deliberations of the Planning Commission on February 8th, noting the Commissioners were unable to come to agreement with a 3-3 vote. One Commissioner expressed concern withstormwater on the lots, and he indicated stormwater would be addressed with any development on the lots. Discussion was held pertinent to stormwater impacts from Campbell Avenue to Park Avenue, and whether any stormwater improvements were completed during the City's work on Park Avenue. Planner Johns indicated the minimum size ofRMD lots is 7,000 sq. ft., something that wouldn't change with the rezone. Mayor Rogers opened the public hearing at 7:37p.m. and fulfilled the requirement for a first reading of the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, rezoning property in the 1100 block of Park Avenue from RS-7, Residential, Single Family) to RMD, (Residential, Medium Density). Loran Olsen, 1132 Highland Avenue, distributed documents to the Council and read a statement into the record opposing the Ralston rezone request on the basis it is a spot rezone, that significant drainage problems exist, that the Comprehensive Plan had been erroneously changed in 2003, and that RS-7 zoning is adequate for the area. Julie Smith, 1107 E. Park Avenue, asked the Council to retain the RS-7 zoning designation. She was fearful the property would be used to construct apartment buildings for Peninsula College students, and she expressed concern about the students' futUre. She shared pictures with the Council, showing drainage problems that exist in the vicinity and in her driveway. . She asked for the Council's favorable consideration for retention of the RS-7 zone. Penny Miller, 1130 E.Park Avenue, was concerned with the possible construction of apartment buildings that could create additional run-off and further drainage problems.. L-3 - 3- CITY COUNCIL MEETING March 7, 2006 PUBLIC HEARINGS - QUASI-JUDICIAL: (Cont'd) Ralston Rezone - Park / Porter (Cont'd) PUBLIC HEARINGS - OTHER: OlyCAP Loan Agreement - Dental Clinic - City CDBG Funds She shared pictures with the Council, showing drainage problems in the vicinity, and she discussed the need to revise the Comprehensive Plan in terms of changing property to the north from high density to medium density. She asked that the Council be provided with updated information on the perceived shortage of medium density zones, and she stated her desire to keep the neighborhood confined to single family residential homes. . Scott Erickson, 1121 E. Park Avenue, almost lost the purchase of his home, because the drainage was insufficient for the bank. He felt there is a serious problem in the area, noting the existence of a geological sink hole. Mr. Erickson felt the drainage should be redirected to Race and down the ravine. Further, he indicated that the construction of apartments would result in his departure from the area. Mr. Erickson discussed a portion of property adj acent to his that is of a higher elevation and drains into his yard and driveway. Steve Zenovic, Principal Engineer, 519 S. Peabody Street, present on behalf of the applicant, took exception to the comment that this would be a spot zone, particularly because an RMD zone is just across the street. He felt that changes previously made to the Comprehensive Plan were academic, and the drainage that this project would create would not be significant for the drainage basin. Mr. Zenovic added that the lot coverage in an RMD zone is no different than in an RS-7 zone; the only difference . would relate to the hard surface required for parking. He noted that the developer could place no more than 23 units on the parcel being considered for a rezone. He discussed the purpose of the RMD zone and believed that Mr. Ralston did not want to impact the neighbors to the south. He felt the request was consistent with the Zoning Code and the Comprehensive Plan, plus it would meet a stated need for RMD zoning to provide affordable housing. Discussion followed with the Council asking questions pertinent to the rezone on such matters as practical resolutions to the drainage problems, drainage patterns in the vicinity, increased need for parking if apartments are built, as well as the fact that a rezone is not project specific. . Sam Tikka, 1119 E. Park Avenue, indicated that not all neighbors in the area received a notice of the proposed rezone; he felt everyone on Park A venue would be affected. If apartments. are built, there will be a much higher density, increased surface run-off, and it would be government at its worst if approved. Mayor Rogers asked the Council's pleasure as to whether the public hearing is continued to the next meeting. Councilmember Braun moved to continue the public hearing to March 21, 2006. Councilmember Williams seconded the motion, which carried unanimously. 1. OlyCAP Loan Agreement - Dental Clinic - City CDBG Funds: Manager Madsen reviewed the request from OlyCAP for a loan in the amount of $30,000 from the City's CDBG funds to help complete the construction of the dental clinic to serve low income citizens. The loan is needed because of project cost overruns. Because the funds held by the City were originally designed for low income housing, it is required that two public hearings be held, after which the City must reprogram the funds in order to allow such a loan. Tim Hockett, Executive Director of 01yCAP, asked for continuing support of the dental clinic project to provide dental services to low income, uninsured citizens. He indicated the clinic will also serve as a resource for dental hygiene students. Mr. . Hockett reviewed the partnership with Peninsula College and Pierce College, the excellent experience of accreditation, and cost overruns incurred because of the need to pay prevailing wages, the redesign required for donated dental equipment, as well L-4 - 4- 1- . . . PUBLIC HEARINGS - OTHER: (Cont'd) OlyCAP Loan Agreement - Dental Clinic - City CDBG Funds (Cont'd) Break OTHER CONSIDERATIONS: Ralston Preliminary Subdivision - Park IPorter Master Mutual Aid Agreement with Clallam County Fire Districts #2, #3, and #4 ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Peninsula Village Planned Residential Development and Subdivision Final Approval Ordinance No. 3237 if-;:'; CITY COUNCIL MEETING March 7, 2006 as costs associated with building in a consortium endeavor. Mr. Hockett added that anticipated funding at the Federal level did not come to fruition. He expected theloan could be repaid to the City within five years. Discussion followed as to the source of funds, and Manager ~adsen clarified how the loan would be repaid. Mayor Rogers opened the public hearing at 8:42 p.rn. Peter Ripley, 114 E. 6th, #102, a Port Angeles resident, encouraged the Council to approve the reallocation of funds, because of the importance of good dental health and the needs of those who are low income and disabled. There being no further testimony, Mayor Rogers continued the public hearing to March 21, 2006. Manager Madsen indicated the Community & Economic Development Subcommittee had recommended approval of the loan. Mayor Rogers recessed the meeting for a break at 8:44 p.m. The meeting reconvened at 8:55 p.m. 2. Ralston Preliminary Subdivision - Park / Porter: Mayor Rogers reminded the Councilmembers they were still operating under Appearance of Fairness rules. Associate Planner Johns showed a slide depicting the map of the Ralston subdivision, including approximately 3.73 acres that are being developed into 9 residential building sites. As a result of the subdivision, Mr. Johns indicated there would be a dedication of land in the form of a cui de sac, and Park Avenue will be built to urban standards with curb, gutter, and sidewalks, which will help with some of the drainage problems. Discussion followed on the merits of designing streets to intersect with other streets in the interest of encouraging further development. Planner Johns explained that sidewalks are required for Park Avenue, because it is an arterial as well as a school walking route. Councilmember Munro moved to concur with the recommendation ofthe Planning Commission and grant preliminary approval to the subdivision, citing Conditions 1 - 6, Findings 1 - 20, and Conclusions A - D, as set.forth in Exhibit" A", which is attached to and becomes a part of these minutes. The motion was seconded by Councilmember Braun and carried unanimously. 3. Master Mutual Aid Agreement with Clallam County Fire Districts #2, #3, and #4: Fire Marshal Dubuc reviewed minor revisions made to the Master Mutual Aid Agreement with Fire Districts #2, #3, and #4, after which Councilmember Braun moved to approve and authorize the Mayor to sign the revisions to the Fire Master Mutual Aid Agreement and extend the duration ofthe Agreement for one year, with the provision the Agreement will automatically renew from year to year unless terminated as outlined in the Agreement. Councilmember Williams seconded the motion, which carried unanimously. 1. Peninsula Village Planned Residential Development and Subdivision Final Approval: Associate Planner Johns presented for fmal approval the 32-lot PRD in aResidential High Density zone at the southeast comer of Golf CoUrse Road and Lindberg Road. Mr. Johns used PowerPoint slides to show the location of the PRD, the movement of the play area, RV storage, and the creation of two new lots. Mr. Johns then showed a plan submitted as of this past week that reflected changes in the layout, and he noted the revised plans had not been approved by the Planning Commission. The developer felt the play area was inappropriate for placement under the Bonneville lines, and Planner Johns later learned that the developer had moved the play area. All other items l-5 - 5- CITY COUNCIL MEETING March 7, 2006 ORDINANCES NOT REQUIRING PUBLIC HEARINGS: (Cont'd) Peninsula Village Planned Residential Development and Subdivision Final Approval Ordinance No. 3237 (Cont'd) Municipal Code Amendment - Section 15.12 Flood Damage Prevention Ordinance No. 3238 Municipal Code Amendment - Section 17.96 Appeals Ordinance No. 3239 have been bonded at 120% of the improvements required. Discussion ensued with Planner Johns responding to questions posed by the Council. . Bob Leach, Northwestern Territories, distnbuted drawings to the Council, explaining what had been presented to the Planning Conmrission, as well as changes made since that time in terms of. the open space and play area. The developer felt it. was inappropriate to put play equipment under the power lines, plus one play area was inadvertently left off the map. Mr. Leach informed the Council that it was intended to have two different play areas. The BP A issued a permit for the project. Discussion followed regarding the streets remaining private, ingress and egress for properties to the south, and the fact there is no easement on what was long used as a road by those properties. Mr. Leach iridicated those property owners will have formalized rights for ingress and egress. Attorney Bloor provided clarification in that the City should not involve itself in property access issues beyond its scope. Further discussion related to trash pick-up, who will maintain the open space along Lindberg Road, maintenance responsibilities of the Homeowners Association, parking availability, stormwater detention facilities, and the fact that an Assignment of Savings will be obtained as opposed to a bond, subject to the approval of the City Attorney. Councilmember Munro moved to waive the second reading of the Ordinance. The motion was seconded by Councilmember Braun and carried unanimously. Mayor Rogers read the'Ordinance by title, entitled ORDINANCE NO. 3237 AN ORDINANCE of the City of Port Angeles, Washington, approving the Planned Residential Development known as Peninsula Village PRD. Councilmember Munro moved to adopt the Ordinance as read by title, inclusive of Conditions 1- 5, Findings 1-15, and Conclusions A- P, and an Assignment of Savings as approved by the City Attorney. The motion was seconded by Councilmember Erickson. Councilmember Williams offered an amendment in that the mylar must reflect the play areas. The amendment was acceptable to Councilmembers Munro and Erickson, as maker and seconder ofthe motion; a vote was taken on the motion, which carried unanimously. . 2. Municipal Code Amendment - amendment to Section J 5. J 2 - Flood Damage Prevention: Planning Manager Roberds summarized the proposed amendments to Chapter 15.12 of the Port Angeles Municipal Code, incorporating flood damage prevention changes as required by the DOE: In fulfilling the requirement for a second reading, Mayor Rogers read the Ordinance by title, entitled ORDINANCE NO. 3238 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. Councilmember Braun moved to adopt the Ordinance as read by title. Councilmember Wharton seconded the motion, which carried unanimously. 3. Municipal Code Amendment - Amendment to Section J 7.96 - Appeals: . Planning ManagerRoberds reviewed the proposed amendment to Chapter 17.96 of the ' Port Angeles Municipal Code, which will correct errors pertinent to notification for an L-6 -6- . . . Municipal Code Amendment - Section 17.96 Appeals Ordinance No. 3239 (Cont'd) FINANCE: Amendment to Valley Creek Property Acquisition PUBLIC COMMENT: RESOLUTIONS: CONSENT AGENDA: INFORMATION: Continue Meeting Beyond 10:00 p.m CITY COUNCIL MEETING March 7, 2006 appeal process. In fulfilling the requirement for a second reading, Mayor Rogers read the Ordinance by title, entitled ORDINANCE NO. 3239 AN ORDINANCE of the City of Port Angeles, Washington, amending a portion of the Zoning Code, Title 17, of the Port Angeles Municipal Code. Councilmember Williams moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Erickson and carried unanimously. 1. Amendment to Valley Creek Property Acquisition: Manager Madsen advised the Council that the closing date for the Valley Creek property acquisition was set for January 31,2006. However, part ofthe funding for the purchase was dependent upon Washington State Department of Ecology approval for the expenditure of certain funds held in trust. The approval was granted on February 23,2006, and the funds must be spent within 120 days from that date or be repaid to the DOE. Therefore, it is recommended that the closing date be amended. Councilmember Munro moved to approve amending the prior agreement to amend the closing date to not later than April 1, 2006, and to authorize the City Manager to sign the appropriate documents. The motion was seconded by Councilmember Braun, and following brief discussion, a vote was taken on the motion, which carried unanimously. Paul Lamoureux, 602 Whidby, discussed his connection to the effort for initiative and referendum, the fact that he wasn't allowed to speak at the last Council meeting, and his unhappiness with the order of agenda items for this evening's meeting. Cherie Kidd, 101 E. 10th Street, noted the number of people concerned about residential issues and, as a member of the Planning Commission, she would try to handle the agenda items that had the most people waiting, as was done this evening. She felt the Council meeting was handled efficiently. Paul Lamoureux, 602 Whidby, read a statement into the record regarding the adoption. of initiative and referendum powers. Peter Ripley, 114 E. (jIh, # 102,. spoke in support of the way the Council meeting was conducted. None. Councilmember Braun moved to accept the Consent Agenda, to include: 1.) City Council Minutes of February 21, 2006 regular meeting and February 28, 2006 special meeting; 2.) Expenditure List - February 11, 2006 ~ $2,623,374.16; 3.) 2006 Storm Repairs, Project 06-02; and 4.) City Manager office space reconfiguration. Councilmember Erickson seconded the motion and, following brief discussion pertinent to the office reconfiguration, a vote was taken on the motion, which carried unanimously. Manager Madsen briefly addressed the renovation of his offices. He then announced that Interim Deputy Director of Recreation, Bill Sterling, has received the full-time appointment, which has been accepted for a two-year assignment Councilmember Williams moved to extend the meeting beyond 10:00 p.m. The motion was seconded by Councilmember Braun and carried unanimously. L-7 - 7 - CITY COUNCIL MEETING March 7, 2006 CITY COUNCIL COMMITTEE REPORTS: EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: Councilmember Braurl reported that he and Councilmember Munro had reviewed all letters of interest in the. Cjty Council vacancy. At this time, he suggested the Council adjourn to Executive S~s~ion to discuss the candidates' qualifications. Mayor Rogers adjo~~d the meeting to Executive Session for approximately one-half hour to discuss the qua!i~cations of the candidates for the vacant City Council position under the authority ofg.CYV 42.30.11 O(h). Action could follow the Executive Session. The Executive SessiOIfc~nvened at 10:00 p.rn. and, at I 0:30 p.m., it was extended for an additional 30 minuiesby announcement of the Mayor. The Executive Session. cpncluded at 11 :00 p.rn., and the Council convened in regular open session. Councilmember Williains moved to select Richard Headrick to fill the vacated seat on the City Council for the unexpired term ending December, 2007. The motion was secondell ~y Councilmember Braun. Councilmembers Wharton and Erickson stated their opposition to the selection, after which a vote was taken on tbe motion, which carried 4- 2, with CouncilmembersWharton and Erickson voting in opposition. .. . . The meeting was adjOurIled at 11 :09 p.rn. Karen A. Rogers, Mayor Becky J. Upton, City Clerk L-8 - 8 - . . . Glen Terra Inc. Olympic View Partners LLC NITV RAY ALLEN MFG CO INC SIRCHIE FINGERPRINT LAB INC WA STATE PATROL - WASIS WASHINGTON STATE TREASURER . ADVANCED TRAVEL ALL FLAGS TRAVEL INC PORT ANGELES CITY TREASURER SAFEWAY INC Legislative ALL FLAGS TRAVEL INC AT&T BUSINESS SERVICE CONTINUANT INC LINDBERG & SMITH ARCHITECTS INC PORT ANGELES CITY TREASURER QWEST STAR'S NW BAKERY & CAKE SHOP VERIZON WIRELESS WASHINGTON (DIS), STATE OF City Manager Department . DRAKE'S PIZZA & SUBS STAR VIDEO City Manager Department ADVANCED TRAVEL ;,"',r:::iB,:_:tf';";:f:',:,'> ~":,,,<~:;:!!~~~x~~:,,::,::: ~:':K'Y~.-.{.'~"."';i(F:P;" Date: 3/14/2006 ~;:~1,t.~Lt -:'-:4>-:", City grport Angeles CityCouncfH{ffixpenditure Report From: 2/25/2006 To: 3/10/2006 001-1160-511.43-10 001-1160-511.43-10 001-1160-511.43-10 001-1160-511.31-01 001-1160-511.31-01 Division Total: Department Total: 001-1210-513.43-10 001-1210-513.42-10 001-121 0-513.42~1 0 001-1210-513.41-50 001-1210-513.31-01 001-1210-513.42-10 001-1210-513.31-01 001-1210-513.42-10 001-1210-513.42-10 Division Total: 001-1211-513.31-01 001-1211-513.31-01 Division Total: 001-1220-516.43-10 Invoice Amount 77.15 7.08 -1.35 288.94 -588.81 ~5.19 142.99 -20.67 665.00 418.90 -249.00 -29.10 -10.37 -39.95 -11.73 24.00 24.00 85.50 11,716.99 $12,494.38 $12,494.38 280.88 110.00 2,017.20 18.76 23.12 $2,449.96 $2,449.96 1,093.60 87,54 28.75 112.00 22.00 90.53 75.00 49.86 63.80 $1,623.08 500.00 500.00 $1,000.00 161.62 Description Account Number JAMES HUNT 28068017 001-0000-213.10-90 CARY GRAVES 25691 001-0000-213.10-90 REFLECTIVE BANDS ON CONES 001-0000-237.00-00 CVCA TO CLALLAM CO TREAS 001-0000-229.40-00 Radio Transmission System 001-0000-237.00-00 WELLNESS CALENDARS 001-0000-237.00-00 REISSUE AP CHK #86689-IRC 001~0000-263.90-1 0 LATEX GLOVES PATROL 001-0000-237.00-00 REFUND PERMIT OVER CHARGE 001-0000-239.90-00 PERMIT REFUND 001-0000-239.90-00 CVSA LAPTOP TRADE 001-0000-237.00-00 EQUIP FOR CANINES 001-0000-237.00-00 BITE SLV LEFT ARM 001-0000-237.00-00 TEST KITS FOR VUSCA 001-0000-237,00-00 TEST KITS FOR DRUGS 001-0000-237.00-00 Criminal history-Barger 001-0000-229.50-00 Criminal history-Zeppa 001-0000-229.50-00 BUILDING SURCHARGE 02/06 001-0000-229.10-00 DIST CT REV TO ST TREAS 001-0000-229.30-00 Division Total: Department Total: AWC Olympia-Pittis AWC Conference-Williams ROGERS WILLIAMS MADSEN DC Council Refreshments Council refreshments Mayor & Council Legislative ROGERS WILLIAMS MADSEN DC 02-13 alc 0172134468001 April Maintenance Remodel CM office pe 2-20 PABAIChamber mtg-MM 02-14 alc 3604570411199B Cookies-Seahawk Day 02-15 alc 36421103700001 Scan chgs-February City Manager Office Caughlin the Act Certs Star passes Customer Commitment WCIA Mtg-Coons L-9 Page 1 Date: 3/14/2006 City of Port Angeles City. Council~~penditure Report From: 2/25/200~ To: 3/10/2006. Ferry tickets-Cash Adj 001-2001-369.81-00 Petty cash adjustment 001-2001-369.81-00 Finance Revenues Division Total: Ferry Tickets-YZ 001-2010-514.43-10 WFOA Spokane-YZ 001-2010-514.43-10 APT US&C ZIOMKOWSKI DUES 001-2010-514.49-01 CONTINUANT INC April Maintenance 001-2010-514.42-10 PORT ANGELES CITY TREASURER Business meal-Hagar 001-2010-514.31-01 QWEST 02-14 alc 36045704111998 001-2010-514.42-10 WA MUNICIPAL TREASURER'S ASSN-WM'CONF REG HAGAR ZIOMKOWSKI 001-2010-514.43-10 WASHINGTON (DIS), STATE OF Scan chgs-February 001-2010-514.42-10 WFOA-WA FINANCE OFFCRS ASSN FRAUD/INTERAL CONTROLS 001-2010-514.43-10 Finance Department Finance Administration Division Total: ADVANCED TRAVEL Ferry Tickets-Horton 001-2023-514.43-10 WFOA Mtg-Davy 001-2023-514.43-10 CONTINUANT INC April Maintenance 001-2023-514.42-10 PORT ANGELES CITY TREASURER Jury duty mileage-Dunbar 001-2023-514.10-01 QWEST 02-14 ale 36045704111998 001-2023-514.42-10 WA MUNICIPAL TREASURER'S ASSN-WMCONF REG HORTON 001-2023-514.43-10 WASHINGTON (DIS), STATE OF Scan chgs-February 001-2023-514.42-10 Finance Department Accounting Division Total: ACCURINT PERSON SEARCHES 001-2025-514.41-50 CONTINUANT INC April Maintenance 001-2025-514.42-10 DATABAR INCORPORATED CYCLES 11-15 2/16/06 001-2025-514.41-50 CYCLES 16-20 2/23/06 001-2025-514.41-50 CREDIT REPORTS FE8 06 001-2025-514.41-50 ON CALL-GARY HALVORSEN 001-2025-514.41-50 ON CALL SERVICES 001-2025-514.41-50 PORT ANGELES CITY TREASURER SuppliescDryke,Hainstock 001-2025-514.31-01 QWEST 02-14 alc 36045704111998 001-2025-514.42-10 WA MUNICIPAL TREASURER'S ASSN-WMDUES HAINSTOCK & NORBERG 001-2025-514.31-01 Vendor CONTINUANT INC PORT ANGELES CITY TREASURER QWEST WASHINGTON (DIS), STATE OF City Manager Department ADVANCED TRAVEL CONTINUANT INC QWEST WASHINGTON (DIS), STATE OF City Manager Department ADVANCED TRAVEL PORT ANGELES CITY TREASURER Finance Department ADVANCED TRAVEL EQUIFAX EXPRESS PERSONNEL SERVICES Description April Maintenance Postage-Sellin 02-14 alc 3604570411199B Scan chgs-February Human ResourCfe'~ WMCA Sea-Tac-Upton April Maintenance 02-14 alc 3604570411199B Scan chgs-February City Clerk City Manager Department L-10 Account Number 001-1220-516.42-10 001-1220-516.42-10 001-1220-516.42-10 001-1220-516.42-10 Division Total: 001-1230-514.43-10 001-1230-514.42-10 001-1230-514.42-10 001-1230-514.42-10 Division Total: Department Total: Invoice Amount 28.75 4.55 90.53 18.72 $304.17 217.39 14.37 45.26 5.40 $282.42 $3,209.67 2.21 1.00 $3.21 -16.00 49.00 155.00 28.75 10.28 90.53 335.00 13.76 100.00 $766.32 8.00 83.80 35.93 32.04 113.16 180.00 7.34 $460.27 10.75 86.24 1,571.29 1,327.08 32.55 317.59 190.56 35.98 271.58 60.00 . . . Page 2 'i ':','i.,:::/; ......,..."..,., Date: 3/14/2006 City~f;:P... ort Angeles City CouncU'Expenditure Report ,~ .~ ~) (~.;;- e ,,'...... From' 2/25/2006 Vendor Description WA MUNICIPAL TREASURER'S ASSN-WM CONF REG NORBERG, EMERY WASHINGTON (DIS), STATE OF Scan chgs-February Finan'ce Department Customer Service DIGITAL IMAGING SOLUTIONS INC OFFICE MACHINES & ACCESS GREAT AMERICA LEASING CORP OFFICE MACHINES & ACCESS OFFICE MACHINES & ACCESS PORT ANGELES CITY TREASURER Shredder bags-Hagar Ship baek "Ieebergs"-CW OFFICE MACHINES & ACCESS OFFICE MACHINES & ACCESS OFFICE MACHINES & ACCESS OFFICE MACHINES & ACCESS OFFICE MACHINES & ACCESS OFFICE MACHINES & ACCESS Reprographics Finance Department April Maintenance OFFICE MACHINES & ACCESS . OFFICE MACHINES & ACCESS Batteries-Lusby Office supplies-Lusby Chamber Luncheon-Bloor XEROX CORPORATION Finance Department CONTINUANT INC DIGITAL IMAGING SOLUTIONS INC e. GREAT AMERICA LEASING CORP PORT ANGELES CITY TREASURER postage-DeFrang QWEST 02-14.a/c 3604570411199B WASHINGTON (DIS), STATE OF Scan chgs-February WSAMA-WA ASSN OF MUNCPL ATTNYS WSAMA SPRING CONF REGIS Attorney Attorney Office BLACK STROHMEYER & MORTENSEN PS DEF ATTY PCR11869-POPE DEF ATTY PCR11409-DUNCAN RADIO & TELECOMMUNICATION FEBRUARY COURT COSTS COW GOVERNMENT INC CLALLAM CNTY DIST 1 COURT CLALLAM JEFFERSON PUBLIC DFNDR CONTINUANT INC DIGITAL IMAGING SOLUTIONS INC GREAT AMERICA LEASING CORP PAUL MINH TU Public Defender fees-Mar April Maintenance OFFICE MACHINES & ACCESS OFFICE MACHINES & ACCESS INTERPRETER FOR T.H.T. VU 02-14 ale 3604570411199B Scan chgs-February WSAMA SPRING CONF REGIS Prosecution Attorney Biodiesel W/S-West e QWEST WASHINGTON (DIS), STATE OF WSAMA-WAASSNOF MUNCPLATTNYS Attorney ADVANCED TRAVEL L - 11 To: 3/10/2006 Account Number 001-2025-514.43-10 001-2025-514.42-10 Division Total: 001-2080-514.45-30 001-2080-514.45-30 001-2080-514.45-30 001-2080-514.31-01 001-2080-514.42-10 001-2080-514.45-30 001-2080-514.45-30 001-2080-514.45-30 001-2080-514.45-30 001-2080-514.45-30 001-2080-514.45-30 Division Total: Department Total: 001-3010-515.42-10 001-3010-515.45-30 001-3010-515.45-30 001-3010-515.31-01 001-3010-515.31-01 001-3010-515.43-10 001-3010-515.49-90 001-3010-515.42-10 001-3010-515.42-10 001-3010-515.43-10 Division Total: 001-3021-515.50-90 001-3021-515.50-90 001-3021-515.31-01 001-3021-515.50-90 001-3021-515.41-50 001-3021-515.42-10 001-3021-515.45-30 001-3021-515.45-30 001-3021-515.50-90 001-3021-515.42-1,0 001-3021-515.42-10 001-3021-515.43-10 Division Total: Department Total: 001-4010-558.43-10 Invoice Amount 310.00 5.57 $4,219.19 392.14 268.30 86.51 42.65 30.75 661 .14 2,637.75 100.04 661 .14 2,637.75 100.04 $7,618.21 $13,067.20 35.93 46.65 138.93 8.87 8.63 12.00 3.03 113.16 12.45 195.00 $574.65 45.00 40.50 276.15 4,642.72 2,750.00 14.37 46.65 138.93 60.00 45.26 2.02 170.00 $8,231.60 $8,806.25 55.10 Page 3 City of Port Angeles Dale: 3/14/2006 City Council Expenditure Report From: 2/25/2006 To: 3/10/2006 Vendor Description Account Number Invoice Amount . ADVANCED TRAVEL... RTPO-TAC-West 001-4010-558.43-10 33.60 CONTINUANT INC April Maintenance 001-4010-558.42-10 28.75 GATEWAY INC COMPUTERS,DP & WORPI?ROC. 001-4010-558.31-60 361.72 COMPUTER HARDWARE&PERIPH 001-4010-558.31-60 1,212.97 Charles Adams STV PETITION WITHDRA\II(N 001-4010-345.81-01 250.00 Charles Metcalf WITHDREW PETITION 001-4010-345.81-01 250.00 QWEST 02-14 alc 36045704111998 001-4010-558.42-10 90.53 WASHINGTON (DIS), STATE OF Scan chgs-February 001-4010-558.42-10 10.04 Community Deve/opmt Dept Planning Division Total: $2,292.71 DIGITAL IMAGING SOLUTIONS INC OFFICE MACHINES & ACCESS 001-4020-524.45-30 45.19 GREAT AMERICA LEASING CORP OFFICE MACHINES & AGC~SS 001-4020-524.45-30 86.51 Patrick Bartholick PRO 800KS 001-4020~524.31-01 70.01 PORT ANGELES CITY TREASURER File jackets-Roberds 001-4020-524.31-01 17.98 NP8A Dinner mtg-Lierly 001-4020-524.43-10 25.00 VERIZON WIRELESS 02-15 alc 264214908000()5 001-4020-524.42-10 61.86 02-15 alc26421490800004 001-4020-524.42-10 59.79 Community Deve/opmt Dept Building Division Total: $366.34 Community Deve/opmt Dept Department Total: $2,659.05 CINGULAR WIRELESS ATL YS 02-24 alc 0058836470 001-5010-521.42-10 32.46 CONTINUANT INC April Maintenance 001-5010-521.42-10 50.31 . DIGITAL IMAGING SOLUTIONS INC OFFICE MACHINES & ACCESS 001-501 0-521 .45-30 17.20 GREAT AMERICA LEASING CORP OFFICE MACHINES & ACqESS 001-5010-521.45-30 141.20 NEXTEL COMMUNICATIONS 02-26 alc 312753523 001-5010-521.42-10 88.81 QWEST 02-14 a/c36045704111998 001-5010-521.42-10 158.42 WASHINGTON (DIS), STATE OF Scan chgs-February 001-5010-521.42-10 42.88 Police Department Administration Division Total: $531.28 ADVANCED TRAVEL Ferry Tickets-Ensor 001-5021-521.43-10 16.00 Child Fatality-Ensor 001-5021-521.43-10 668.26 CONTINUANT INC April Maintenance 001-5021-521.42-10 7.19 CRIME POINT Radio Transmission SystelT1 001-5021-521.31-80 7,682.81 Eric Kovatch 600 IS MAX INV IS 660.22 001-5021-521.20-80 600.00 NEXTEL COMMUNICATIONS 02-26 ale 312753523 001-5021-521.42-10 230.54 NITV CVSA LAPTOP TRADE 001-5021-521.31-60 3,249.00 QWEST 02-14 alc 36045704111998 001-5021-521.42-10 22.63 SEARS COMMERCIAL ONE TV 4 CLSD CIRC CAMERA 001-5021-521.31-01 216.59 SIRCHIE FINGERPRINT LAB INC TEST KITS FOR VUSCA. 001-5021-521.31-01 521.21 TEST KITS FOR DRUGS 001-5021-521.31-01 153.04 WASHINGTON (DIS), STATE OF Scanehgs-February 001-5021-521.42-10 57.01 Police Department Investigation Division Total: $13,424.28 ADVANCED TRAVEL Ferry Tickets-Benedict 001-5022-521.43-10 -16.96 . Ferry Tickets-Dombrowski 001-5022-521.43-10 -16.96 Ferry Tickets-Kuch 001-5022-521.43-10 -32.00 l- 12 Page 4 1'::<"+>_'1,,;" .t~\:t:';(~W';;> :!: .1{:~~~;:/f!~"i:n.;:~1Y'-: ~'< t.:::-'(~." .. City gfi.);lort Angeles . "i'.: ,"l''', City CouncilExpenditure Report Date: 3/14/2006 ~~CI"~-'::U""'.(...;;. ':~~,"',"( :~.J ~'~""'~iJ:l" .c~,. .. ::~i' 'lr.~','r~".' . Ve~dor ADVANCED TRAVEL... Fr9m: 2/25/2006 To: 3/10/2006 BLAZE CONE COMPANY INC BLUMENTHAL UNIFORMS & EQUIP CAMERA CORNER CSK AUTO INC (SCHUCK'S) EASTERN WASHINGTON HAY & UHAUL . MET, ROCALL MICROFLEX NEXTEL COMMUNICATIONS PACIFIC TACTICAL INC QWEST RAY ALLEN MFG CO INC RUDDELL INTERNATIONAL WASHINGTON FIRE & SAFETY EQUIP Police Department BLUMENTHAL UNIFORMS & EQUIP VERIZON WIRELESS Police Department CONTINUANT INC DIGITAL IMAGING SOLUTIONS INC GREAT AMERICA LEASING CORP QWEST WASHINGTON (DIS), STATE OF Police Department ALL WEATHER HEATING & COOLING . Police Department CONTINUANT INC """':" %.!~~tih ,. ~:-;r;7-';) f _).f:~' '\r:: ~'~~"~~~~~r?%!;:~r Date: 3/14/2006 .<-_.~;'~...;'l.~ :~,J (C~ "'>~~J \~.- !Z :~~~ . ":,.,.,.v.' Vendor PORT ANGELES CITY TREASURER... QWEST VERIZON WIRELESS WASHINGTON (DIS), STATE OF WENGLER SURVEYING & MAPPING XEROX CORPORATION Public Works-Gen Fnd ASM SIGNS CINGULAR WIRELESS ATL YS CONTINUANT INC Michele ~ayot QWEST RED LION HOTEL-PORT ANGELES RICOH BUSINESS SYSTEMS-LEASES SAFEWAY INC . WASHINGTON (DIS), STATE OF Parks & Recreation CONTINUANT INC QWEST WASHINGTON (DIS), STATE OF Parks & Recreation CONTINUANT INC DIGITAL IMAGING SOLUTIONS INC GREAT AMERICA LEASING CORP OL YSIGNS QWEST VIKING OFFICE PRODUCTS WASHINGTON (DIS), STATE OF Parks & Recreation ADVANCED TRAVEL CONTINUANT INC PORT ANGELES CITY TREASURER . QWEST WASHINGTON (DIS), STATE OF Parks & Recreation City qf}>6rt Angeles City Councd'~xpenditure Report From: 2/25/2006 Description 8usiness meals-Cutler,LG 02-14 ale 36045704111998 02-06 ale 26470706000001 Scan ehgs-February SUPPLIES OFFICE MACHINES & ACCESS OFFICE MACHINES & ACCESS Administration Public Works-Gen Fnd FE8 06 8ANNER INSTALLATIO 02-24 ale 0048944061 02-27 ale 0038436241 April Maintenance REFUNDED 02-14 ale 36045704111998 JEFF ELEVADO FE8 06 LEASE FOODS: PERISHA8LE Scan ehgs-February Administration April Maintenance 02-14 ale 3604570411199B Scan chgs-February Recreation April Maintenance OFFICE MACHINES & ACCESS OFFICE MACHINES & ACCESS Door Hours Decals 02-14 ale 36045704111998 02-14 AIC 36045770049478 02-20 AIC 206T72274658 Card file. card guide Easel,pad Scan chgs-February Senior Center CPO Everett-80,PR April Maintenance Supplies-Oliver Supplies-Oliver 02-14 alc 36045704111998 Scan ehgs-February William Shore Pool L - 15 , " To: 3/10/2006 Account Number 001-7010-532.43-10 001-7010-532.42-10 001-7010-532.42-10 001-7010-532.42-10 001-7010-532.45-30 001-7010-532.45-30 001-7010-532.45-30 Division Total: Department Total: 001-8010-574.41-50 001-8010-574.42-10 001-8010-574.42-10 001-8010-574.42-10 001-8010-347.90-15 001-8010-574.42-10 001-8010-574.43..:10 001-8010-574.45-30 001-8010-574.31-01 001-8010-574.42-10 Division Total: 001-8011-574.42-10 001-8011-574.42-10 001-8011-574.42-10 Division Total: 001-8012-555.42-10 001-8012 -555.45-30 001-8012 -555.45-30 001-8012-555.31-01 001-8012-555.42-10 001-8012-555.42-10 001-8012-555.42-10 001-8012-555.31-01 001-8012-555.31-01 001-8012-555.42-10 Division Total: 001-8020-576.43-10 001-8020-576.42-10 001-8020-576.31-01 001-8020-576.31-06 001-8020-576.42-10 001-8020-576.42-10 Division Total: Invoice Amount 70.98 633.68 18.74 92.91 1,700.00 1,225.35 1,225.35 $5,621.80 $5,621.80 597.69 11.18 27.88 21.56 60.00 67.89 78.31 256.48 13.67 9.46 $1,144.12 14.37 45.26 27.20 $86.83 21.56 43.60 171.40 60.09 67.89 38.13 57.40 12.65 32.46 1.81 $506.99 396.88 7.19 82.27 34.53 22.63 0.16 $543.66 Page 7 City of Port Angeles City Council Expenditure Report From: 2/25/20,06 To: 3/10/2006 Date: 3/14/2006 Vendor CONTINUANT INC MATTHEWS INTERNATIONAL Virginia Pong QWEST TACOMA MONUMENT CO LLC WASHINGTON (DIS), STATE OF XEROX CORPORATION Parks & Recreation ADVANCED TRAVEL CED/CONSOLlDATED ELEC DIST INC CONTINUANT INC ELECTRONICS SUPPLY & REPAIR NEXTEL COMMUNICATIONS OLYMPIC SYNTHETIC PRODUCTS PROGRESSIVE BUSINESS PUBLCTNS QWEST SKAGIT GARDENS INC THURMAN SUPPLY TOPPER INDUSTRIES INC WASHINGTON (DIS), STATE OF XEROX CORPORATION Parks & Recreation ALL WEATHER HEATING & COOLING CED/CONSOLlDATED ELEC DIST INC FEI EVERETT 3023 KNIGHT FIRE PROTECTION INC OLYMPIC LAUNDRY & DRY CLEANERS QWEST THURMAN SUPPLY XEROX CORPORATION Parks & Rec-Maintenance BREWER, DAVID PORT ANGELES CHAMBER OF COMM Description April Maintenance CEMETERY MARKERS PROPERTY SOLD BACK TO CEM 02-14 alc 3604570411199B CEMETERY MARKERS Scan chgs-February RENTAULEASE EQUIPMENT Account Number 001-8050-536.42-10 001-8050-536.34-01 001-8050-343.60-12 001-8050-536.42-10 001-8050-536.34-01 001-8050-536.42-10 001-8050-536.45-30 . Invoice Amount 7.19 378.16 3,000.00 22.63 90.00 4.63 58.17 $3,560.78 -16.00 98.38 25.62 7.19 209.72 80.02 81.55 61.71 22.63 57.40 5,721.96 32.52 12.60 698.80 1.13 58.17 $7,153.40 $12,995.78 249.63 231.20 126.28 291.72 151.62 324.90 270.75 16.25 53.39 21.18 58.16 $1,795.08 $1,795.08 $91,680.85 100.00 9,268.10 . . Ocean View Cemetery Division Total: Ferry Tickets-Anderson 001-8080-576.43-10 ELECTRICAL EQUIP & SUPPLY 001-8080-576.31-20 HAND TOOLS ,POW&NON POWEf'001-8080-576.31-20 April Maintenance 001-8080-576.42-10 SOUND SYSTEMS & ACCESSORY 001-8080-576.48-10 02-26 alc 975491337 001-8080-576042-10 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 LIBRARY SERVICES(EXCL 908 001-8080-576.44-10 02-14 alc 3604570411199B 001-8080-576.42-10 0216 AlC 206T355724768B 001-8080-576.42-10 NURSERY STOCK & SUPPLIES 001-8080-576.31-40 PLUMBING EQUIP FIXT,SUPP 001-8080-576.31-20 Supplies 001-8080-576.31-20 METALS,BARS,PLATES,RODS 001-8080-576.31-20 Scan chgs-February 001-8080-576.42-10 RENTAULEASE EQUIPMENT 001-8080-576.45-30 Park Facilities Division Total: Parks & Recreation Department Total: AIR CONDITIONING & HEATNG 001-8130-518.48-10 ELECTRICAL EQUIP & SUPPLY 001-8130-518.31-20 ELECTRICAL EQUIP & SUPPLY 001-8130-518.31-20 AIR CONDITIONING & HEATNG 001-8130-518.31-20 EQUIPMENT MAINTENANCE,REC 001-8130-518.48-10 EQUIPMENT MAINTENANCE,REC 001-8130-518.48-10 EQUIPMENT MAINTENANCE,REC 001-8130-518.48-10 LAUNDRYIDRY CLEANING SERV 001-8130-518.31-20 02-20 AlC 206T813953623B. 001-8130-518.42-10 AIR CONDITIONING & HEATNG 001-8130-518.31-20 RENTAULEASE EQUIPMENT 001-8130-518.45-30 Custodial/Janitorial Svcs Division Total: Parks & Rec-Maintenance Department Total: General Fund Fund Total: Contract Svcs-March 2006 MKTG CONTRACT L - 16 101-1430-557.49-90 101-1430-557.50-83 Page 8 '1j!"r}t~""^ /;t" ::\r:~:'~/':~'':~j:~r?\ '~\::~t ':':y:' o",,,,:not1.j-. '~..~. ...~. ~ (~'ii~ ~~, ..{~ f.-:~.'t...+Jl1' City ~:f,Port Angeles City CounclrP:xpenditure Report F~om: 2/25/2006 To: 3/10/2006 Date: 3/14/2006 . . Vendor Convention Center ADVANCED TRAVEL ALPINE PRODUCTS INC BLUE MOUNTAIN TREE SERVICE INC CLALLAM CNTY DEPT OF HEALTH CLlNICARE OF PORT ANGELES INC CONTINUANT INC CORAL SALES COMPANY HOLCOMB & COMPANY, D JORDAN EXCAVATING NEXTEL COMMUNICATIONS NORTH COAST ELECTRIC COMPANY PROGRESSIVE BUSINESS PUBLCTNS PUD #1 OF CLALLAM COUNTY QWEST . SAFETY & SUPPLY COMPANY STEUBER DISTRIBUTING INC THURMAN SUPPLY VERIZON WIRELESS WASHINGTON (DIS), STATE OF Public Works-Street CONTINUANT INC QWEST Economic Development ADVANCED TRAVEL CENTURYTEL . CONTINUANT INC LANGUAGE LINE SERVICES Description Account Number Convention Center Division Total: Convention Center Department Total: Convention Center Fund Fund Total: Recertify TK,lMc 102-7230-542.43-10 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 PW CONSTRUCTION & RELATED 102-7230-542.48-10 Hepatitis shots-BK,RM 102-7230-542.49-90 URINE TEST - RAY 102-7230-542.43-10 URINE TEST - KNOX 102-7230-542.43-10 April Maintenance 102-7230-542.42-10 METALS,BARS,PLATES,RODS 102-7230-542.48-10 ROAD/HWY MAT NONAS~HAL TIC 102-7230-542.48-10 , ' PW CONSTRUCTION & RELATED 102-7230-542.41-50 02-26 alc 975491337 102-7230-542.42-10 ELECTRICAL EQUIP & SUPPLY 102-7230-542.48-10 LIBRARY SERVICES(EXCL 908 102-7230-542.44-10 02-22 Lauridsen Blvd 102-7230-542.47-10 02-14 alc 3604570411199B 102-7230-542.42-10 FIRST AID & SAFETY EQUIP. 102-7230-542.48-10 POISONS:AGRICUL & INDUSTR 102-7230-542.31-20 HARDWARE,AND ALLIED ITEMS 102-7230-542.48-10 02-15 alc 76426408900001 102-7230-542.42-10 Scan chgs-February 102-7230-542.42-10 Street Division Total: Public Works-Street Department Total: Street Fund Fund Total: April Maintenance 02-14 ale 3604570411199B Economic Development Economic Development Economic Development T elecommunicator-Hatton Training Renton-O'Connor T elecommunicator-OO 911 ,WCIA mtgs-Riggins T elecommunicator-Smith RentonTraining -VanSickle 02-06 alc 300539444 02-06 alc 300509854 02-06 alc 300496579 April Maintenance OVER PHONE INTERPRETATION L- 17 103-1511-558.42-10 103-1511-558.42-10 Division Total: Department Total: Fund Total: 107 -5160-528.43-10 107-5160-528.43-10 107 -5160-528.43-10 107-5160-528.43-10 107-5160-528.43-10 107 -5160-528.43-10 107-5160-528.42-11 1'07-5160-528.42-11 107-5160-528.42-11 107 -5160-528.42-10 107-5160-528.42-11 Invoice Amount $9,368.10 $9,368.10 $9,368.10 236.00 43.20 974.70 90.00 25.00 20.00 21.56 1,419.95 1,475.59 . 44,410.85 78.14 81.29 61.71 15.81 67.89 360.74 3,174.02 25.92 8.19 1.86 $52,592.42 $52,592.42 $52,592.42 7.19 22.63 $29.82 $29.82 $29.82 683.55 309.96 683.55 64.00 683.55 309.96 84.94 96,02 255.49 122.17 4.76 Page 9 ;,. .(~. ~ ir~~";':~:<:-';;'\'iJi' ~y ,;,;-,;,:,::,J< Date: 3/14/2006 City of Port Angeles City Councii'E~penditure Report From :2/25/2006 To: 3/10/2006 . Vendor BUILDERS EXCHANGE OF WA INC PORT ANGELES CITY TREASURER Capital Projects-Pub Wks PETTIT OIL COMPANY Public Works-Water ALEXANDER PUBLICATIONS BAXTER & CO, J H E J BROOKS COMPANY GENERAL PACIFIC INC HUGHES UTILITIES L TO . AHMANN, JESSE BARBEE, AMY BEVERS, BRENT GREELEY, JONATHON HILL, ASHLEY JANKOWSKI, DEREK & JOY C KELLY, DEREK LAWLER, JAMES MACDONALD, BRIAN & KAY MANNION, NICHOLAS . MORGAN, GARY L O'BRIEN, KEVIN D PROPERTIES BY LANDMARK INC PURVIANCE, JAMES RA THFON, MIKE RHYNE,RUTH SLOWEY, JESSICA Description BRIDGE AD Business meals-Mahlum 8th St Bridge Reconst Capital Projects-Pub Wks 8th St Bridge Reconstr DIESEL FUEL Water Projects Public Works-Water WUGA PUBLICA TION/AU DIOVISUAL LUMSER& RELATED PRODUCTS HARDWARE,AND ALLIED ITEMS ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY FASTENERS, FASTENING DEVS FASTENERS, FASTENING DEVS ELECTRICAL EQUIP & SUPPLY US CR REFUND-FINALS UB CR REFUND-FINALS MANUAL DEPOSIT REFUND DEPOSIT REFUND UB CR REFUND-FINALS US CR REFUND-FINALS US CR REFUND-FINALS US CR REFUND-FINALS DEPOSIT REFUND DEPOSIT REFUND DEPOSIT REFUND DEPOSIT REFUND UB CR REFUND-FINALS US CR REFUND-FINALS OVERPAYMENT-330E 6TH ST US CR REFUND-FINALS UB CR REFUND-FINALS UB CR REFUND-FINALS US CR REFUND-FINALS l- 19 Account Number 328-7950-595.44-10 328-7950-595.43-10 Division Total: Department Total: Fund Total: 329-7388-594.65-10 Division Total: Department Total: Fund Total: 401-0000-237.00-00 401-0000-141 .40-00 401-0000-237.00-00 401-0000-141.40-00 401-0000-141.40-00 401-0000-141.40-00 401-0000-141.40~00 401-0000-141.40-00 401-0000-141.40-00 401-0000-141.40-00 401-0000-141.40-00 401-0000-141.40-00 401-0000-141.40-00 401-0000-141.40-00 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122. 1 0-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 Invoice Amount 34.05 18.05 $52.10 $52.10 $52.10 1,728.40 $1,728.40 $1,728.40 $1,728.40 -21.98 13,812.05 -11.18 1,034.35 324.90 422.37 437.54 535.76 1,351.58 148.92 108.30 80.15 152.16 293.71 62;79 80.69 125.00 125.00 52.28 118.67 66.69 21.66 250.00 125.00 62.50 62.50 85.56 36.64 49.90 73.62 69.77 71.73 137.47 Page 11 ~~~o(:no\,. Dale: 3/14/2006 5 City of Port Angeles (>> City .Council Expenditure Report \......:.:...- :~~~ From: 2/25/2006 To: 3/10/2006 1.~:-..t.;..+J'" Vendor Description Account Number Invoice Amount . SPOELSTRA, CATHERINE UB CR REFUND-FINALS 401-0000-122.10-99 83.13 WARNER, JOEL YNN UB CR REFUND-FINALS 401-0000-122.1 0~99 31.59 WILLIAMS, ADRIA UB CR REFUND-FINALS 401-0000-122.10-99 68.27 YOCKEY, LAURA & DAMON DEPOSIT REFUND 401-0000-122.10-99 250.00 NORTH COAST ELECTRIC COMPANY ELECTRICAL CABLES & WIRES 401-0000-141.40-00 3,649.61 ELECTRICAL EQUIP & S~PPL Y 401-0000-141.40-00 2,379.64 PLATT ELECTRIC SUPPLY INC ELECTRICAL CABLES & WIRES 401-0000-141.40-00 1,404.47 PUD #1 OF CLALLAM COUNTY ELECTRICAL EQUIP & SUPFL Y 401-0000-141.40-00 268.82 ELECTRICAL EQUIP & SUPPLY 401-0000-141 .40-00 1,786.95 SUPPLEMENTAL SERVICES INC OFFICE MECH AIDS.SMMA,CH 401-0000-237.00-00 -16.26 UTILITY VAULT COMPANY INC ELECTRICAL EQUIP & SLJPPL Y 401-0000-141.40-00 5,902.41 WESCO DISTRIBUTION INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.40-00 1,439.21 Division Total: $37,593.94 Department Total: $37,593.94 ADVANCED TRAVEL WPAG-McLain 401-7120-533.43-10 151.23 EES CONSULTING INC WPAG 2006 SERVICES 401-7120-533.49-01 2,180.06 MARSH MUNDORF PRATT SULLIVAN WPAG 2006 RATE CMSE 401-7120-533.49-01 826.62 PUD #1 OF CLALLAM COUNTY WHEELING 10105-12/05 401-7120-533.33-50 8,358.83 02-28 2110 Glass Rd 401-7120-533.33-50 39.73 Public Works-Electric Power Resource Mgmt Division Total: $11,556.47 . ADVANCED TRAVEL Snohomish PUD-Robinson 401-7180-533.43-10 68.40 : Ferry book-Robinson 401-7180-533.43-10 169.60 ALEXANDER PUBLICATIONS PUBLICA TION/AUDIOVISUAL 401-7180-533.31-01 286.78 AXIOM NORTHWEST ELECTRONIC COMPONENTS 401-7180-533.48-10 390.05 BANK OF NEW YORK-DEBT SVC WIRE PORANGEREF05-EFT 401-7180-592.81-10 59,891.25 PORELEREF01 401-7180-592.81-10 51,790.00 BUSINESS ANSWERPHONE SERVICE COMMUNICA TIONS/MEDIA SERV 401.;.7180-533.42-10 160.00 CONTINUANT INC April Maintenance 401-7180-533.42-10 100.61 DIGITAL IMAGING SOLUTIONS INC OFFICE MACHINES & ACCESS 401-7180-533.45-30 13.63 E J BROOKS COMPANY HARDWARE,AND ALLIED ITEMS 401-7180-533.31-20 145.83 FEDERAL EXPRESS CORP Shipping chgs-Feb 401-7180-533.42-10 9.46 GENERAL PACIFIC INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 462.33 GREAT AMERICA LEASING CORP RENTAL OR LEASE SERVICES 401-7180-533.45-30 42.43 OFFICE MACHINES & ACCESS 401-7180-533.45-30 186.49 HANSEN SUPPLY COMPANY INC PLASTICS 401-7180-533.31-20 329.69 HUGHES UTILITIES L TD ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 657.53 FASTENERS, FASTENING DEVS 401-7180-533.48-10 138.08 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 182.48 IMSA-INTNL MUNICIPAL SGNL ASSC 2006 DUES SHAY 67558 401-7180-533.49-01 50.00 2006 DUES-OMAN 69138 401-7180-533.49-01 50.00 . 2006 DUES EISELE 84138 401-7180-533.49-01 50.00 IRELAND, DAVID H HTE WORK ORDERS-SPCC REGS 401-7180-533.41-50 1,040.40 L -20 Page 12 'P:':t:'~i': . I~.' ,.> '-!?:{~1~"':"':{;'),,$"; T [j,:!:,,~~tr;,,~*ir1;r'.;!,- :.V~'.'i.m.<l,<.y(tj ~ 'l!..._~ ''L-. ... .~. - ..... "-;"j.'. . ~~,. . ,.""."", Vendor JACO ANALYTICALLABORATORY INC Westport Shipyrd Inc NORTH COAST ELECTRIC COMPANY OLYMPIC LAUNDRY & DRY CLEANERS . OLYMPIC SYNTHETIC PRODUCTS PETTIT OIL COMPANY PORT ANGELES CITY TREASURER PROGRESSIVE BUSINESS PUBLCTNS PUD #1 OF CLALLAM COUNTY PUGET SAFETY EQUIPMENT INC QWEST RELIABLE EQUIPMENT & SERVICE INC ROB MERRITT SALES SUPPLEMENTAL SERVICES INC VERIZON WIRELESS WAGNER-SMITH EQUIPMENT CO . City ~!!~hrt .Angeles City CouncUEl:penditure Report From: 2/25/2006 To: 3/10/2006 Date: 3/14/2006 Invoice Amount 220.00 228.39 530.00 6,896.11 19.42 2.57 919.84 -105.96 331.14 18.13 98.39 202.27 243.26 33.66 34.15 33.66 33.66 32.66 134.79 44.34 464.03 265.50 61.72 74.82 5,387.66 401.64 493.85 316.84 72.13 414.79 51.39 70.27 37.26 53.24 36.56 63.04 59.75 39.46 17.41 -11.34 611.22 117.67 Description Account Number ENVIRONMENTAL&ECOLOGICAL 401-7180-533.48-10 TESTING&CALlBRA TION SERVI 401-7180-533.48-10 ENVIRONMENTAL&ECOLOGICAL 401-7180-533.48-10 XFMR REFUND 401-7180-379.00-00 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 HAND TOOLS ,POW&NON POWE~401-7180-533.35-01 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 ELECTRICAL CABLES & WIRES 401-7180-533.48-10 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 FASTENERS, FASTENING DEVS 401-7180-533.48~10 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 AIR CONDITIONING & HEATNG 401-7180-533.48-10 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 JANITORIAL SUPPLIES 401-7180-533.31-20 HARDWARE,AND ALLIED ITEMS 401-7180-533.35-01 FUEL,OIL,GREASE, & LUBES 401-7180-533.31-20 FUEL,OIL,GREASE, & LUBES 401-7180-:533.48-10 Callout meals-Light Div 401-7180-533.43-10 LIBRARY SERVICES(EXCL 908 401-7180-533.44-10 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 TRANSFER OF ELECTRIC FACI 40t-7180-594.65-10 FIRST AID & SAFETY EQUIP. 401-7180-533.31-20 HARDWARE,AND ALLIED ITEMS 401-7180-533.35-01 02-14 ale 3604570411199B 401-7180-533.42-10 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 FIRST AID & SAFETY EQUIP. ;401-7180-533.31-20 OFFICEMECH AIDS,SM MACH 401-7180-533.31-01 FIRST AID & SAFETY EQUIP. 401-7180-533.31-20 MARKERS, PLAQUES,SIGNS 401-7180-533.31-20 OFFICE SUPPLIES, GENERAL 401-7180-533.31-20 02-15 ale 56453528700001 401-7180-533.42~10 02-19 ale 37025112500001 401-7180-533.42-10 02-19 ale 27025123900001 401-7180-533.42-10 CLOTHING & APPAREL 401-7180-533.35-01 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 HARDWARE,AND ALLIED ITEMS 401-7180-533.35-01 HARDWARE,AND ALLIED ITEMS 401-7180-533.35-01 L - 21 Page 13 City of Port Angeles City Council Expenditure Report From: 2/25/2006 To: 3/10/2006 Date: 3/14/2006 Vendor WAGNER-SMITH EQUIPMENT CO... WASHINGTON (DIS), STATE OF WASHINGTON (DRS), STATE OF WESCO DISTRIBUTION INC ZEE MEDICAL SERVICE CO Public Works-Electric FOWLER COMPANY, H 0 USA BLUEBOOK CLALLAM CNTY DEPT OF HEALTH CONTINUANT INC FEDERAL EXPRESS CORP FEI EVERETT 3023 HARRISON EQUIPMENT CO INC PORT ANGELES CITY TREASURER PROGRESSIVE BUSINESS PUBLCTNS PUD #1 OF CLALLAM COUNTY QWEST STRAITS ELECTRIC THURMAN SUPPLY 1WISS ANALYTICAL LABORATORIES USA BLUEBOOK VERIZON WIRELESS WASHINGTON (DIS), STATE OF WASHINGTON (DOH), STATE OF Public Works-Water NCL NORTH CENTRAL LABORATORIES ADVANCED TRAVEL Description BAGS,BAGGING,TIES,EROSION ELECTRICAL EQUIP & SUPPLY Scan chgs-February Statewide Pensioners-Feb ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY FIRST AID & SAFETY EQUIP. Electric Operations Public Works-Electric Electric Utility Fund PIPE FITTINGS PUMPS & ACCESSORIES Account Number 401-7180-533.35-01 401-7180-533.35-01 401-7180-533.42-10 401-7180-533.20-30 401-7180-533.35-01 401-7180-533.48-10 401-7180-533.31-20 Division Total: Department Total: Fund Total: 402-0000-141.40-00 402-0000-237.00-00 . Invoice Amount 217.96 172.63 8.66 200.16 265.60 159.59 106.38 $136,395.41 $147,951.88 $185,545.82 191.68 -61.45 $130.23 $130.23 20.00 7.19 13.95 462.33 649.20 13.65 61.71 15.06 22.63 346.85 64.21 153.79 40.63 37.34 145.00 801.76 31.35 38.16 16.29 196.00 $3,137.10 $3,137.10 $3,267.33 -76.21 -$76.21 -$76.21 16.00 313.40 . . Division Total: Department Total: TESTING&CALlBRA TION SERVI 402-7380-534.48-10 April Maintenance 402-7380-534.42-10 Shipping chgs-Feb 402-7380-534.42-10 PUMPS & ACCESSORIES 402-7380-534.34-02 CONSULTING SERVICES 402-7380-534.48-10 Ferry-Groves 402-7380-534.43-10 LIBRARY SERVICES(EXCL 908 402-7380-534.49-01 02-22 Crown z Water Rd 402-7380-534.47-10 02-14 a/c 3604570411199B 402-7380-534.42-10 02-10 AlC 360Z100240955B 402-7380-534.42-10 02-23 AlC 206T411255315B 402-7380-534.42-10 CONSTRUCTION SERVICES,TRA 402-7380-534.48-10 PLUMBING EQUIP FIXT,SUPP 402-7380-534.34-02 ELECTRICAL EQUIP & SUPPLY 402-7380-534.34-02 TESTING&CALlBRATION SERVI 402-7380-534.48-10 PUMPS & ACCESSORIES 402-7380-534.35-01 02-15 a/c 26421490800002 402-7380-534.42-10 02-15 a/c 26421490800001402-7380-534.42-10 Scan chgs-February 402-7380-534.42-10 ORGANICWAIVER RENEWAL 402-7380-534.49-90 Water Division Total: Public Works-Water Department Total: Water Fund Fund Total: WATER SEWAGE TREATMENT EC403-0000-237.00-00 Division Total: Department Total: Ferry Tickets-Young Recertify Divelbiss L - 22 403-7480-535.43-10 403-7480-535.43-10 Page 14 "~'~i.t,~',"; ':.', '" ;;l.'l':i~:f"!i;;~:,t,{;", ~- Description Account Number AUTO & TRUCK MAfNT. ITEMS 403-7480-535.31-20 April Maintenance 403-7480-535.42-10 OFFICE MACHINES & ACCESS 403-7480-535.31-01 Shipping chgs-Feb 403-7480-535.42-10 PIPE FITTINGS 403-7480-535.31-20 CHEMICAL LAB EQUIP & SUPP 403-7480-535.31-20 LAB &FIELD EQUIP,BIO,BOT 403-7480-535.31-20 WATER&SEWER TREATING CHEtl.403-7480-535.31-20 NCL NORTH CENTRAL LABORATORIES CHEMICAL LAB EQUIP & SUPP 403-7480-535.31-20 LAB &FIELD EQUIP,BIO,BOT 403-7480-535.31-20 WATER SEWAGE TREATMENT EG403-7480-535.31-20 ELECTRONIC COMPONENTS 403-7480-535.48-10 CONSTRUCTION SERVICES,TRA 403-7480-535.48-10 CONSTRUCTION SERVICES,TRA 403-7480-535.48-10 CONSTRUCTION SERVICES,TRA 403-7480-535.48-10 FUEL,OIL,GREASE,& LUBES 403-7480-535.32-11 postage-Young 403-7480-535.42-10 Safety lunch-Waldron 403-7480-535.43-10 Ferry-Groves 403-7480-535.43-10 LIBRARY SERVICES(EXCL 908 403-7480-535.49-01 02-14 a/c 3604570411199B 403-7480-535.42-10 02-15 a/c 36469358100001 403-7480-535.42-10 02-15 ale 76423363300001 403-7480-535.42-10 LAB ACCREDITATION FEE 403-7480-535.49-90 Scan chgs-February . 403-7480-535.42-10 Wastewater Division Total: Public Works-WW/Stormwtr Department Total: Wastewater Fund Fund Total: .I:,..''':nil'~.., .~~. , ',' ~. -.1 Qill .~~~ . . (~", ...;.,.,"v-Ij":- Vendor CED/CONSOLlDATED ELEC DIST INC CONTINUANT INC DIGITAL IMAGING SOLUTIONS INC FEDERAL EXPRESS CORP FEI EVERETT 3023 HALEY & ASSOCIATES INC, G W K & L SUPPL YINC OLYMPIC ELECTRIC CO INC PETTIT OIL COMPANY PORT ANGELES CITY TREASURER . PROGRESSIVE BUSINESS PUBLCTNS QWEST VERIZON WIRELESS WA STATE DEPARTMENT OF ECOLOGY WASHINGTON (DIS), STATE OF Public Works-WW/Stormwtr ADAPT CONSULTING INC ADAPT CONSUL TING INC CONTINUANT INC PORT ANGELES CITY TREASURER QWEST THURMAN SUPPLY WASHINGTON (DIS), STATE OF Public Works-Solid Waste . PROGRESSIVE BUSINESS PUBLCTNS . CitY ~fPort Angeles City Council Expenditure Report From: 2/25/2006 To: 3/10/2006 Date: 3/14/2006 Invoice Amount 46.88 14.37 11.57 21.47 60.07 76.03 361.72 400.71 255.85 303.14 435.40 548.54 153.79 1,555.19 76.89 1,188.63 32.85 49.32 13.65 61.72 45.26 12.33 29.96 805.00 14.73 $6,904.47 $6,904.47 $6,828.26 -89.25 -$89.25 -$89.25 1,164.50 35.93 30.49 113.16 10.40 13.54 $1,368.02 $1,368.02 $1,278.77 -35.86 -$35.86 COMMUNICATIONS/MEDIA SERV 404-0000-237.00-00 Division Total: Department Total: . COMMUNICATIONS/MEDIA SERV 404-7580-537.44-10 April Maintenance 404-7580-537.42-10 Supplies-Freilich 404-7580-537.44-10 02-14 a/c3604570411199B 404-7580-537.42-10 PIPE FITTINGS 404-7580-537.31-20 Scan chgs-February 404-7580-937.42-10 Solid Waste-Collections Division Total: Public Works~Solid Waste Department Total: Solid Waste-Collections Fund Total: LIBRARY SERVICES{EXCL 908 405-0000-237.00-00 Division Total: L - 23 Page 15 City of Port Angeles City Council Expenditure Report From: 2/25/2006 To: 3/10/2006 Date: 3/14/2006 Vendor AIRPORT QUARRY CLALLAM CNTY FAIR BOARD FEIEVERETT 3023 HERMANN BROS LOGGING & CONST NORTHWEST BUSINESS FINANCE LLC OVERALL LAUNDRY SERVICES INC PARAMETRIX INC PROGRESSIVE BUSINESS PUBLCTNS RADIO PACIFIC INC TAYLOR-SPARKS REFRIGERATION INC Public Works-Solid Waste BLUMENTHAL UNIFORMS & EQUIP CASCADE MEDICAL CENTER CINGULAR WIRELESS-CORPORATE CLALLAMCNTY EMS CONTINUANT INC JIM'S PHARMACY INC QWEST SYSTEMS DESIGN NW INC WASHINGTON (DIS), STATE OF Fire Department OLYMPIC ELECTRIC CO INC ADVANCED TRAVEL FEDERAL EXPRESS CORP GRECOR CONSTRUCTION NORTHWESTERN TERRITORIES INC Public Works-WW/Stormwtr PARAMETRIX INC Public Works-Solid Waste Description Account Number Department Total: ROAD/HWY MAT NONASPHAL TIC 405-7585-537.31-20 ROAD/HWY MAT NONASPHAL TIC 405-7585-537.31-20 COMMUNICATIONS/MEDIA SERV 405-7585-537.44-10 PIPE FITTINGS 405-7585-537.31-20 ENVIRONMENT AL&ECOLOGICAL 405-7585-537.48-10 ENVIRONMENT AL&ECOLOGICAL 405-7585-537.48-10 RENTAULEASE EQUIPMENT 405-7585-537.31-20 SW MGMT PLAN 405-7585-537.41-50 LIBRARY SERVICES(EXCL 908 405~ 7585-537.44-10 COMMUNICATIONS/MEDIA SERV 405-7585-537.44-10 ENVIRONMENT AL&ECOLOGICAL 405-7585-537.48-10 Solid Waste-Landfill Division Total: Public Works-Solid Waste Department Total: Solid Waste-Landfill Fund Total: CLOTHING & APPAREL 409-6025-526.20-80 PM LECTURE SERIES - MONT 409-6025-526.43-10 03-02 alc 04747951801 409-6025-526.44-10 Medic One Advisory-March 409-6025-526.41-50 April Maintenance 409-6025-526.42-10 INSTAGLUCOSE 409-6025-526.31-13 02-14 a/c 3604570411199B 409-6025-526.42-10 FINANCIAL SERVICES 409-6025-526.41-50 Scan chgs-February 409-6025-526.42-10 Medic I Division Total: Fire Department Department Total: Medic I Utility Fund Total: Release Retainage US0415 451-0000-223.40-00 Division Total: Department Total: Electric Utility CIP Fund Total: PW Trust Loans-Partch 453-7488-594.43-10 Shipping chgs-Feb 453-7488-594.42-10 CONSTRUCTION SERVICES,HEA 453-7488-594.65-10 PARK AVE SEWER LINE 453-7488-594.41-50 Wastewater Projects Public Works-WW/Stormwtr WasteWater Utility CIP LANDFILL SERVICES Solid Waste Coli Projects Public Works-Solid Waste Division Total: Department TO,tal: Fund Total: 454-7588-594.41-50 Division Total: Department Total: . Invoice Amount -$35.86 1,548.69 844.74 258.25 359.57 7,851.75 1,115.30 113.88 7,170.70 97.58 477.00 1,543.82 $21,381.28 $21,381.28 $21,345.42 60.33 240.00 31.76 600.00 7.19 26.86 22.63 2,178.21 1.37 $3,168.35 $3,168.35 $3,168.35 5,479.07 $5,479.07 $5,479.07 $5,479.07 116.20 38.95 6,268.40 506.25 $6,929.80 $6,929.80 $6,929.80 8,249.26 $8,249.26 $8,249.26 . . L - 24 Page 16 V('''''' ')'[il: '~";;'1~ 'i"~';";;;: ',--" {{'('; i~.....;:nr\"" .""."'/:;' .~.. .~.'l(, ~'~_F.~\ .~ ~ ==:'..:R ~~ .'. . ,.co......... Vendor CSK AUTO INC (SCHUCK'S) H & R PARTS & EQUIPMENT INC MCMASTER-CARR SUPPLY CO I MIDDLETON AUTO AND TRUCK INC PETTIT OIL COMPANY . RAY ALLEN MFG CO INC AUTOMOTIVE ENVIRONMENTAL SVC CHEVRON USA CONTINUANT INC CRAFT (MAC TOOLS), DON CSK AUTO INC (SCHUCK'S) . Date: 3/14/2006 City of Port Angeles City CouncWE'xpenditure Report From: 2/25/2006 Description Solid Waste Utility CIP AUTO & TRUCK MAINT.ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT.ITEMS AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAl NT. ITEMS HOSES, ALL KINDS AUTO & TRUCK MAl NT. ITEMS Diesel Diesel Diesel Diesel AUTO & TRUCK MAl NT. ITEMS COPYING MACHINE SUPPLIES TRAVEL TO SCHOOL-ROBINSON April Maintenance AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAl NT. ITEMS AUTO SHOP EQUIPMENT & SUP AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO SHOP EQUIPMENT & SUP AUTO SHOP EQUIPMENT & SUP AUTO SHOP EQUIPMENT & SUP AUTO SHOP EQUIPMENT & SUP l- 25 To: 3/10/2006 Account Number Fund Total: 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141 . 40~00 501-0000-141.40-00 501-0000'--237.00-00 501-0000-237.00-00 501-0000-237.00-00 501-0000-141 .40-00 501-0000-141.40;,00 501-0000-141.40-00 501-0000-141.20-00 501-0000-141.20-00 501-0000-141.20-00 501 ;,0000-141.20-00 501-0000-237.00-00 Division Total: Department Total: 501-7630-548.32-20 501-7630-548.32-10 501-7630-548.42-10 501-7630-548.35-01 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.35-01 501-7630-548.35-01 501-7630-548.35-01 501-7630-548.35-01 Invoice Amount $8,249.26 51.67 80.42 22.47 19.49 56.20 9.52 50.60 31.41 250.87 151.47 -11.61 -9.44 -16.62 15.14 6.89 8.45 449.70 4,443.44 9,231.26 5,419.79 -26.14 $20,234.98 $20,234.98 445.54 74.44 7.19 50.89 33.75 302.48 66.04 -84.93 3.50 54.33 5.83 16.18 55.17 59.75 407.74 136.45 115.11 140.74 Page 17 City of Port Angeles City Council Expenditure Report From: 2/25/2006 To: 3/10/2006 . Vendor DENVER'S TIRE co INC Description Account Number 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 MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 50'1-76,30-548.34-02 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 AUTO & TRUCK MAINT. ITEMS 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 EXTERNAL LABOR SERVICES 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 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 , 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 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 COMMUNICATIONS/MEDIA SERV 501-7630-548.42-10 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 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 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 MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 L - 26 GROENEVELD USA INC H & R PARTS & EQUIPMENT INC JENNINGS EQUIPMENT INC LES SCHWAB TIRE CENTER (CITY) LINCOLN STREET STATION MCMASTER-CARR SUPPLY co MIDDLETON AUTO AND TRUCK INC Date: 3/14/2006 Invoice Amount 8.66 64.98 13.00 21.66 23.83 69.85 68.22 85.02 13.00 129.96 15.16 28.16 28.16 241.29 54.66 24.37 309.72 93.90 0~97 -41.33 199.71 508.75 101.14 168.35 10.88 9.79 100.06 38.88 18.96 123.09 216.87 34.85 4.65 82.30 19.35 18.16 15.15 67.32 60.51 10.93 22.61 0.76 . . Page 18 to,;,;, ):':: J" " , '~~~':<<}:'::i::f1:':! ,'\r~''':'i;~:f!:;;~g::;'l '{<; ~;}:;f!;,;;,t .' . City~frbrt Angeles City Council'~xpenditure Report From: 2/25/2006 To: 3/10/2006 Date: 3/14/2006 Vendor MIDDLETON AUTO AND TRUCK INC... Stephen Kibler NELSON TRUCK EQUIPMENT CO INC NEXTEL COMMUNICATIONS OVERALL LAUNDRY SERVICES INC PETTIT OIL COMPANY . . Description AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAINT. ITEMS AIRFARE-FLEET MGR INTERVW AUTO & TRUCK MAl NT. ITEMS 02-26 a/c 975491337 LAUNDRYIDRY CLEANING SERV LAUNDRY/DRY CLEANING SERV CLOTHING & APPAREL LAUNDRY/DRY CLEANING SERV AUTO & TRUCK MAl NT. ITEMS Feb Cardlock-EQ0048 Feb Cardlock-EQ0082 Feb Cardlock-EQ0089 Feb Cardlock-EQ5106 Feb Cardlock-EQ5107 Feb Cardlock-EQ0005 Feb Cardlock~EQ0014 Feb Cardlock-EQ0015 Feb Cardlock-EQ0027 Feb Cardlock-EQ0028 Feb Cardlock-EQ0029 Feb Cardlock-EQ0034 Feb Cardlock-EQ0035 Feb Cardlock-EQ0036 Feb Cardlock-EQ0040 Feb Cardlock-EQ0041 Feb Cardlock-EQ0042 Feb Cardlock-EQ0043 Feb Cardlock-EQ0044 Feb Cardlock-EQ0045 Feb Cardlock-EQ0046 Feb Cardlock-EQ0047 Feb Cardlock-EQ0053 Feb Cardlock-EQ0054 Feb Cardlock-EQ0065 Feb Cardlock-EQ0087 Feb Cardlock-EQ0088 L - 27 Account Number 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.35-01 501-7630-548.43-10 501-7630-548.34-02 501-7630-548.42-10 501-7630~548.49-90 501-7630-548.49-90 501-7630-548.49-90 501-7630-548.49-90 501-7630-548.49-90 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.32-10 Invoice Amount 6.53 13.08 1.05 5.40 31.37 -120.41 33.06 250.00 792.28 39.07 78.71 90.87 15.60 81.53 81.53 48.84 12.93 13.33 185.54 183.77 13.04 25.10 37;58 38.13 57.38 50.44 212.26 42.93 164.88 50.19 125.43 48.89 117.72 112.69 132.82 26.12 27.48 127.21 53.27 130.50 203.89 127.73 Page 19 tr;'~io,'?'flm;'iq:;:;-';"'~' 1f~Nfi!i;f\~~~tJ~\;':~-" ~ t:.,..'.'''':n....,-i.. ~~ (~.~ ~.~] ~~ t~ (~!~.,.~~(?.... . Vendor NORTH COAST ELECTRIC COMPANY QWEST VP CONSULTING INC WASHINGTON (DIS), STATE OF WFOA-WA FINANCE OFFCRS ASSN Finance Department AWC EMPLOYEE BENEFITS TRUST BAILEY, JAMES A BALSER, FRED I BISHOP, VIRGIL CAMERON, KENNETH CAMPORINI, RICHARD . GLENN, LARRY GOODRICH, RUTH L GROOMS, MICHAEL HALL, MICHAEL 0 HOPE HEAL THIIHAC JOHNSON, DONALD G JOHNSON,HARRY JORISSEN, ROBERT R LIND, DARWIN PETER LINDLEY, JAMES K LOUCKS, JASPER MIESEL JR, PHILIP C Gary Kenworthy Jason Holbrook MORGAN, ROY NW ADMIN TRANSFER ACCT . PORT ANGELES CITY TREASURER THOMPSON, BRUCE Self Insurance HEAL THCARE MGMT ADMNSTRS INC City offortAngel~s City CouncilE:xpenditure Report From: 2/25/2006 To: 3/10/2006 Date: 3/14/2006 Invoice Amount 151.17 -75.59 67.89 2,697.96 50.16 107.96 100.00 $68,350.22 $68,350,22 $68,350.22 166,127.73 1,525.35 88.50 88.50 194.70 112.80 134.49 88.50 88.50 113.90 70.00 88.50 701.62 67.64 88.50 26.89 88.50 88.50 84.50 88.50 177.00 78.50 126.65 60.93 88.50 51,136;85 12,512.70 7.76 73.50 $234,218.51 295.20 491.00 Description Account Number Circuit breakers 502.,2081-518.48-10 Circuit breakers 502-2081-518.48-10 02-14 a/c 3604570411199B 502-2081-518.42-10 LaserFiche Training 502-2081-518.41-50 COMPUTERS,DP & WORD PROC. 502-2081-518.31,..60 Scan chgs-February 502-2081-518.42-10 FRAUD/INTERNAL CTRLS 502-2081-518.43-10 Information Technologies Division Total: Finance Department Department Total: Information Technology Fund Total: MEDICAUDENTALNISION 503-1631-517.46-30 LIFE INSURANCE 503-1631-517.46-32 Reimb Med Premium-Feb 503-1631-517.46-35 Reimb Med Premium-Feb 503-1631-517.46-35 Reimb Med Premium-Feb 503-1631-517.46-35 Reimb Med Premium-Feb 503-1631-517.46-35 Disability Board-February 503-1631-517.46-35 Reimb Med Premium-Feb 503-1631-517.46-35 Reimb Med Premium-Feb 503-1631-517.46-35 Disability Board-February 503-1631-517.46-35 Disability Board-February 503-1631-517.46-35 Reimb Med Premium-Feb 503-1631-517.46-35 Disability Board-February 503-1631-517.46-35 WELLNESS CALENDARS 503-1631-517.41-51 Reimb Med Premium-Feb 503-1631-517.46-35 Disability Board-February 503-1631-517.46-35 Reimb Med Premium-Feb 503-1631-517.46-35 Reimb Med Premium-Feb 503-1631-517.46-35 Reimb Med Premium-Feb 503-1631-517.46-35 Reimb Med Premium-Feb 503-1631-517.46-35 Reimb Med Premium-Feb 503-1631-517.46-35 Reimb Med Premium-Feb 503-1631-517.46-35 MEDICAL REIMBURSEMENT 503-1631-517.46-30 MEDICAL REIMBURSEMENT 503-1631-517.46-30 Reimb Med Premium-Feb 503-1631-517.46-35 MEDICAL PREMIUM 503-1631-517.46-33 RETIREE PREMIUM 503-1631-517.46-34 Medical reimb-Partch 503-1631-517.46-30 Reimb Med Premium-Feb 503-1631-517.46-35 Other Insurance Programs Division Total: 02-28 Dental claims 503-1637-517.46-01 03-07 Dental claims 503-1637-517.46-01 l- 29 Page 21 -- City of Port Angeles Date: 3/14/2006 City Council Expenditure Report From: 2/25/2~0~ To: 3/10/2006 Vendor Description Account Number Invoice Amount . Self Insurance Medical Beneftt!? Division Total: $786.20 AGREEMENT DYNAMICS INC CONSULTING SVCS 01-10,11 503-1671-517.41-50 2,203.25 WILLIAM CAMPBELL Claim Settlement 503-1671-517.49-98 765.00 Self Insurance Camp Liability Division Total: $2,968.25 Self Insurance Department Total: $237,972.96 Self-Insurance Fund Fund Total: $237,972.96 AWC EMPLOYEE BENEFITS TRUST FIRE PENSION RETIREES ... 602-6221-517.46-35 7,114.80 BRAUN,GARY Disability Board-February 602-6221-517.46-35 72.00 Reimb Med Premium-Feb 602-6221-517.46-35 88.50 CAMPBELL, MALCOLM 0 Reimb Med Premium-Feb 602-6221-517.46-35 88.50 EVANS, SIDNEY Reimb Med Premium-Feb 602-6221-517.46-35 88.50 RYAN,ED Disability Board-February 602-6221-517.46-35 27.00 Reimb Med Premium-Feb .602-6221-517.46-35 74.50 Fireman's Pension Fireman's Pension Division Total: $7,553.80 Fireman's Pension Department Total: $7,553.80 Firemen's Pension Fund Total: $7,553.80 CEO/CONSOLIDATED ELEC DIST INC Electrical parts 652-8630-575.31-20 -180.43 Electrical parts 652-8630-575.31-20 131.70 CONTINUANT INC April Maintenance 652-8630-575.42-10 7.19 . PORT ANGELES CITY TREASURER Fuel-Slavik 652-8630-575.43-10 5.31 PRINTERY COMMUNICATIONS INC Newsletter 652-8630-575.49-60 594.59 QWEST 02-14 a/c 3604570411199B 652-8630-575.42-10 22.63 02-14 NC 3604573532775B 652-8630-575.42-10 38.28 02-23 NC 206T418577331B 652-8630-575.42-10 57.40 Esther Webster/Fine Arts Esther Webster/Fine Arts Division Total: $676.67 Esther Webster/Fine Arts Department Total: $676.67 Esther Webster Fund Fund Total: $676.67 AFLAC MAR SUPP INSURANCE 920-0000-231.53-30 277 .46 NOV SUPP INSURANCE 920-0000-231.53-30 277.46 AFSCME LOCAL 1619 P/R Deductions pe 02-26 920-0000-231.54-40 84.00 P/R Deductions pe 02-26 920-0000-231.54-40 168.00 ASSOCIATION OF WASHINGTON CITIES MAR SUPP LIFE PREMIUM 920-0000-231.53-30 605.80 CHAPTER 13 TRUSTEE P/R Deductions pe 02-26 920-0000-231.56-30 628.00 OIMARTINO/WSCFF DISABILITY P/R Deductions pe 02-26 920-0000-231.53-40 1,009.70 FIREFIGHTER'S LOCAL 656 P/R Deductions pe 02-26 920-0000-231.54-30 1,575.00 ISEW LOCAL 997 P/R Deductions pe 02-26 920-0000-231.54-20 672.30 LEOFF P/R Deductions pe 02-12 920-0000-231.51-20 6.74 P/R Deductions pe 02-26 920-0000-231.51-20 6.74 P/R Deductions pe 02-12 920-0000-231.51-21 16,084.13 P/R Deductions pe 02-26 920-0000-231.51-21 15,767.69 . OFFICE OF SUPPORT ENFORCEMENT P/R Deductions pe 02-26 920-0000-231.56-20 169.85 P/R Deductions pe 02-26 920-0000-231.56-20 1,052.76 L - 30 Page 22 1,~."<7~)i ,.;:., f};f. ';~ :,:';;:g,,~. .J: 9,~:_~'?i'~:~~~';Z:~P_;?: Dale: 3/14/2006 City 9t{~bft Angeles City CouncitExpenditure Report From: 2/25/2006 To: 3/10/2006 . Vendor PERS Description P/R Deductions pe 02-12 P/R Deductions pe 02-26 P/R Deductions pe 02-12 P/R Deductions pe 02-26 P/R Deductions pe 02-12 P/R Deductions pe 02-26 P/R Deductions pe 02-26 P/R Deductions pe 02-26 P/R Deductions pe 02-26 P/R Deductions pe 02-26 Account Number 920-0000-231.51-10 920-0000-231.51-10 920-0000-231.51-11 920-0000-231.51-11 920-0000-231.51-12 920-0000-231.51-12 920-0000-231.55-10 920-0000-231.56-30 920-0000-231.56-10 920-0000-231.54AO Division Total: Department Total: Fund Total: POLICE ASSOCIATION PROF COLLECTION AGENCIES INC UNITED WAY (PAYROLL) WSCCCE AFSCME AFL-CIO Payroll Clearing Totals for check period From: 2/25/2006 To: 3/10/2006 . . L - 31 Invoice Amount 2,519.19 2,526.50 4,947.42 4,666.23 12,109.78 12,828.62 239.00 11.93 307.00 3,440.66 $81,981.96 $81,981.96 $81,981.96 $876,518.47 Page 23 . . . L - 32 . FORrANGBLES WAS H IN G TON, U. S. A. CITY CO U N elL M EM 0 DATE: March 21, 2006 SUBJECT: CITY COUNCIL Glenn A. Cutler, Public Works & Utili~ Curbside Recycling and Yard Waste Collections Contract Amendment To: FROM: Summary: In anticipation of an orderly transition to the solid waste concepts in the new transfer station contract, the City has entered into negotiations to change the termination date for its previous recycling and yard waste collections contract with Waste Management, Inc. The parties, at no additional cost to the City, mutually agreed upon a new termination date of June 30, 2006. . Recommendation: Authorize the Mayor to sign an amendment to the contract with Waste Mana ement, Inc. to chan e the termination date for rec din to June 30, 2006. Background: For more than ten years, the City of Port Angeles has enjoyed a contractual relationship with Waste Management, Inc. to provide curbside recycling and yard waste collections. During this time, the services provided by Waste Management were invaluable in advancing the City's recycling goals and commitments. The City can be grateful for having been served so well during this long-lasting relationship. In April 2005, the City awarded a contract to construct and operate a solid waste transfer station and a moderate risk waste facility. In addition, the contract includes operation of the existing compost facility and the collection of recyclables and yard waste within the City limits. This new contract was awarded to Waste Connections, and construction of the new transfer station is expected to be complete this summer. To provide for an orderly transition into the new contract, the City entered into negotiations to change the termination date for Waste Management's existing contract. The parties, at no additional cost to the City, mutually agreed upon a new termination date of June 30, 2006. In addition, it was agreed that the City would make reasonable efforts to assist Waste Management in the retrieval of their residential recycling and yard waste containers. . It is recommended that Council authorize the Mayor to sign an amendment to the contract with Waste Management, Inc. to change the termination date for recycling to June 30,2006. On March 14,2006, the Utility Advisory Committee reviewed and supported this recommendation. N:\CCOUNCIL\FINAL\Waste Management Contract AmLnamJJoc -"- . . . L - 34 . . . THIRD AMENDMENT TO CONTRACT FOR RECYCLING COLLECTION SERVICES This Third Contract Amendment to the Contract dated November 29, 1994, is made and entered into by and between the City of Port Angeles, a municipal corporation, hereinafter called the "City", and Waste Management Northwest, hereinafter called the "Contractor". REPRESENT A nONS A. On November 29, 1994, the City and Contractor entered into a contract for recycling collection services; On December 17, 1996, the parties executed an amendment to said contract, which extended the term of the contract until December 31, 2002; On September 20, 2002, the parties executed a Second Amendment to Contract for Recycling Collection Services, which extended the term of the contract through closure of the Port Angeles landfill, not later than December 31, 2006; The parties agree that it is in their mutual benefit to set the contract completion date at June 30, 2006, and they execute this contract amendment to incorporate that completion date. B. c. D. AGREEMENTS IN CONSIDERATION ofthe above representations and the agreements set forth herein, the City and the Contractor hereby agree that the Contract dated November 29, 1994, as amended by Contract Amendment dated December 17, 1996, and amended by Contract Amendment dated September 20, 2002, shall be amended as follows: A. Paragraph No.1 ofthe Contract shall be amended to read as follows: 1. The Contractor shall do all work and furnish all tools, materials, and equipment for. Collection of Recyclables in accordance with and as described in the attached Project Manual, and shall perform any alterations in or additions to the work provided under this contract and every part thereof. This Contract is subject to minimum prevailing wage requirements ofRCW 39.12. The Owner agrees to pay the Contractor for the actual quantities in the completed work according to the schedule of unit prices set forth in the bid hereto attached and madepart of the contract; provided, however, that beginning on January 1, 1997, the Contractorshall be entitled to a yearly cost of living adjustment, which shall be seventy (70%) percent of the Seattle CPI up to maximum of five (5%) percent per year and shall be applied to the cost of L- _~5 providing curbside recyclable collection, commercial cardboard collection, and yard debris ~~ . Work shall start no later than January 1, 1995, and the contractor's obligation for collection ofrecyclables shall terminate at 11:59 p.m. on June 30, 2006;provided, however, that the contract shall terminate in the event that the City gives 90 days written notice oftermination to the Contractor. If said work is not completed within the time specified, the Contractor agrees to pay to the owner liquidated damages as stated in the project specifications for each and every day said work remains.uncompleted after expiration of the specified time. The Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof; except such as are mentioned in the specifications to be furnished by the Owner. B. The Project Manual is amended by adding the following: 1. The Contractor will remove all commercial and residential containers, carts, and bins on the last service day in the month of June, 2006. The Contractor is responsible for tracking any containers not available for pick up on those days. The. Contractor will continue to retrieve its containers, carts, and bins until July 14, 2006. At that point, the Contractor will give a list to the Owner for any containers, carts or bins not retrieved. . 2. To facilitate the transition, the Owner will assist by providing notification in the next- to-last billing, for residents to place their recycling containers, carts, and bins out for pickup on the last service day. In addition, the Owner will direct its new recycling collector, for the following 90 days, to collect any of the Contractor's receptacles that encountered during normal service routes and store them at the landfill for pickup by the Contractor. 3. The Owner, upon request from the Contractor after July 14, 2006, will provide reasonable assistance with working with residents to retrieve any containers, carts, or bins that are unable to be retrieved from residents. C. Except as provided above, the Contract and the First and Second Amendments to the Contract are confirmed and ratified. DATED this _ day of February, 2006. CITY OF PORT ANGELES WASTE MANAGEMENT NORTHWEST Karen A Rogers, Mayor Name: Title: . L - _ ~6 . . . " .1," ATTEST: Becky J. Upton, City Clerk N:ICCOUNCIL\FINALIWastemanagementJrdContractAmendment2-7-06. wpd March 16, 2006 APPROVED AS TO FORM William E. Bloor, City Attorney L -_~] !-- . . . L - 38 . WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: March 21, 2006 To: CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Warks and Utilities ~ (,..J....;- Solid Waste Rate Adjustments - Presentation and Public Hearing SUBJECT: Summary: Based on the 2004 cost of service study, rate adjustments are needed to support the increased costs of the new transfer station and waste export system. An adjustment to City collection rates is needed, and new rates are needed for the Transfer Station and Blue Mountain drop-box facility, which must be made in accordance with the interlocal agreement. . Recommendation: Set a public hearing for April 4, 2006 to receive a presentation and comments on ro osed rate ad 'ustments. . Background/Analysis: On July 1,2006, Waste Connections will begin to provide curbside recycling, yard waste and cardboard collection services within the City. Adjustments to City collection rates is proposed to complement the new recycling program as well as incorporate new disposal costs. Operation of the new transfer station is anticipated this fall. Based on the 2004 cost of service study, annual rate adjustments are needed to provide a smooth transition to the higher cost of the new system. On March 14,2006, the Utility Advisory Committee supported the recommendations herein. At tonight's meeting, it is requested that the City Council set a public hearing date on April 4, 2006 for a presentation on the proposed rates and to allow public input to the process after the presentation. The proposed schedule is as follows: March 21, 2006 City Council sets public hearing ., April 4, 2006 City Council public hearing to present proposed rates followed by a public hearing to receive input; continue public hearing to April 18, 2006 April18, 2006 Close public hearing; consider adoption of rate ordinance amendments that will be presented at the meeting. N:\CCOUNCIL\FINAL\Solid Waste Rates 2006.doc L - 39 . . . L - 40 . . . DATE: To: FROM: SUBJECT: WASHINGTON, U.S.A CITY COUNCIL MEMO March 16, 2006 CITY COUNCIL \... .. y Glenn A. Cutler, Director of Public 1f!5S and Vtilities Request for Special Council Meeting (April 11, 2006) Summary: The Pool Oversight Committee has completed its charge relating to a new Aquatic Center location. The committee and staff are requesting a special Council meeting for the purpose of presenting information, receiving public comment and City Council direction regarding a new Aquatic Center. I Recommendation: Set a special City Council meeting for April 11, 2006 beginning at 6:00 p.m. in the Council Chambers for the purpose of presenting information, receiving public comment, and Ci Council direction re ardin a new A uatic Center. Background: In April 2005, the City Council appointed an eleven member Pool Oversight Committee with a charge to: 1. Hold public outreach meetings. 2. Determine support for funding of a new Aquatics Center. 3. Recommend to the City Council a site for the new facility. After a number of committee meetings, public presentations, and conducting a survey, the committee is ready to present its findings to the City Council. It is anticipated the special meeting will take at least two hours. Staff will provide the Council an agenda and back up information prior to the April 11, 2006 Council meeting. It is recommended that Council set a special City Council meeting for April 11, 2006 beginning at 6:00 p.m. in the Council Chambers for the purpose of presenting information, receiving public comment, and City Council direction regarding a new Aquatic Center. N:\CCOUNCIL\FINAL\Request for Special Council Mtg Aprill ~d;C 41 . . . L - 42 . . . DATE: To: FROM: SUBJECT: WASHINGTON, U.S.A. CITY COUNCIL MEMO March 21, 2006 CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities ~\fvU Wholesale Water Contract Extension Summary: City staff has been negotiating with the Clallam County Public Utility District No. 1 to formulate a new long-term wholesale water contract. The new contract is nearing completion, but will not be finalized by the contract expiration date of March 31, 2006. Recommendation: Authorize the City Manager to extend the term of the wholesale water contract with the Clallam County Public Utility District No.1 for an additional three months, ex irin June 30,2006. Background/Analysis: City staff has been negotiating a new wholesale water contract with Clallam County Public Utility District No.1 staff with the intent to create a new, long-term wholesale water contract to serve in the eastern urban growth area. The negotiations are nearing completion, but are not expected to be finished before the termination date of the current contract extension of March 31, 2006. The same rates will be in effect during the proposed extension period as were implemented on January 1, 2006. On March 14, 2006, the Utility Advisory Committee supported the recommendations herein. It is recommended that Council authorize the City Manager to extend the term of the wholesale water contract with the Clallam County Public Utility District No.1 for an additional three months, expiring June 30, 2006. N:\CCOUNCIL\FINAL\PUD Wholesale Water Contract !t;ns:1n~.dOC . . .. L - 44 . . . DATE: To: FROM: SUBJECT: WASHINGTON, U.S.A. C I T Y C 0 U NC I L M EM 0 March 21, 2006 CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities ~ TRAVEL REQUEST FOR WW UTILITY SUPERVISOR TO ATTEND SOFTWARE TRAINING Summary: OPS Systems training for Gary Richmond, the Supervisor at the Wastewater Treatment Plant, to be held in Rio Rancho, N.M. April 1 0 - 12, 2006 requires Council approval due to the costs exceeding $1500. This training will enable staff to better utilize the laboratory database program used in NPDES (National Pollutant Discharge Elimination System) reporting going to the State of Washington, Department of Ecology. Recommendation: Approve travel and related expenses for Wastewater Utility Supervisor, Gary Richmond, to attend OPS Systems software training April 10-12, 2006 in Rio Rancho, NM. Background/Analysis: OPS System software workshops are designed to help new and experienced users to maximize their knowledge of their programs. It will allow staff to learn how other facilities are applying the OPS software in their facilities. The program the City uses, OPS 32, is a strategic data management system specifically designed for water, wastewater and energy facilities. Strategic data management allows us to track, print, graph, scale, and analyze facility data. Attendees will do monthly data entry, provide custom forms, provide custom spread reports, advance spread reports, log book reports, add graphics to reports, and do process modeling. The Utility has been using OPS software since the secondary system went on line in 1993. Attendance at this OPS Systems software workshop was included in the 2006 operating budget. The cost to attend this conference is estimated at $2,028, including tax: Airfare Meals Lodging Parking & Taxi Registration Total $ 565 184 304 75 900 $2,028 ") It is recommended that Council approve travel and related expenses for the Wastewater Utility Supervisor to attend the 0 PS Systems software training April 10-12, 2006 in Rio Rancho, NM. L - 45 N:\CCOUNCIL\FINAL\Travel Request for WWTP Supervisor.doc . . . L - 46 .0 ~ ~ ~ . . WASHINGTON, U.S.A. PUBLIC WORKS & UTiliTIES DEPARTMENT DATE: March 21,2006 To: City Council FROM: Glenn A. Cutler, Director of Public Works and Utilities I)v..t/ SUBJECT: Consumer Confidence/Water Quality Report for Calendar Year 2005 Summary: The Washington State Department of Health requires every water system provide an annual Consumer ConfidencelW ater Quality Report to its customers. The report contains information on the potential contaminants present in the water supply that customers receive. The attached Consumer ConfidencelW ater Quality Report for the Port Angeles Water Supply has been prepared for distribution to the City's water customers. Recommendation: Information only. Background/Analysis: In 1996 Congress passed amendments to the Safe Drinking Water Act that included a mandate for the Environmental Protection Agency (EP A) to require community water systems to provide each of their customers with a "Consumer ConfidencelW ater Quality Report (CCR) every 12 months. The attached report, based on calendar year 2005 data, has been developed in accordance with EP AlCCR regulations. The regulations require information on the quality of the water delivered by the system and characterization of any risks from exposure to any contaminants in the drinking water in an accurate and understandable manner. The report is intended to communicate the quality oftheir water in terms they can understand. Many of the topics covered are required and some of the actual language used is mandatory. The City is also required to provide information to wholesale customers by April 1 st. Testing information will be forwarded to the Clallam County Public Utility District, our only wholesale customer. The Consumer Confidence/Water Quality Report has been reviewed by the Utilities Advisory Committee. Attachment: Consumer ConfidencelW ater Quality Report - 2005 N:\CCOUNCIL\FINAL\2005 Water Quality Report.doc M _ 1 . . . M - 2 Dear Water Customer June I., 2006 The City of Port Angeles is pleased to provide you with our annual Consu mer Confidence/Water Quality Report. The purpose of this report is to tell our custom- ers about the high quality of their water and to convey a basic knowledge of our water system. We aggressively safeguard our Ranney Well facil- Don't throw money down ity, located adja- tile drain. Help conserve cent to the Elwha River which en- Ol1r natl1ral reSOlHCeS. , abies us to al- ways provide a reliable and safe water supply. This report is a summary of the quality of water Where does my water come from? The,source 'for'the!City of Port 'Ange- ;les'Water,System is a 'Ranney Col- 'I e'"cto r (wefi) located on the east bank of ~the Elwlila iBiver. 'TIDe'sys- tem [idenliricatiofJ lDum~er :is :68550M. lihe iRanl'i)ey Cc6l1ector has ibeenclassified .as grounEiwater onder ~the influence'(G~II) of sm- face water. li'i,/iis iJesignatiofil 're- qdires ,theCi~9 tomeeHthe [reql:Jlre- _rnentsbf ifhe'~~rrface ~Water }rreat~i ment r~ule l(SWTR). Regalatow cempliatilce '0p'"tiqms a\laila/fle lunaer :the ISWffiRitlCluae Jiltrationand cbn1plyiri'gwith 'criHeria rto .av0l€l JiI- "" ~' ,trati0ti). il[he lGity and the ',Washing- ton State Depar:tment .of Hea1th ~(DOH). have mege,tiated an agree- \l1)'elIi"t [that ~vJill r€{ffectiv.e~y [meet lthe fi Itratimi}8\1oi'da ncerecg ~li re ments by construction of a federallY- funded mdnicipal water treat- ment <facility run<i1er lthe lElw.ha River [Ecm;,ystem 'ama rFist.l1eries Restoration Act. In'{l1le a~gree- melift 1ttJe watefftreatmer;lt facilil51 will be'iQplace before dam .re- f ' . 1J)0yal begins. Last year, we conducted over 315 tests for con- taminants. Two hundred seventy-six of these were routine Coliform sampling, one sample was for Nitrate-N, four (one-per quarter) samples for total trihalomethane (TTHM), and haloacetic acid (HAA5), twelve monthly samples for total organic carbon (TOC's), and twenty-two samples for a combination of new main construction and inves- tigation. The Bilateral Compliance Agreement with the Washington State Department of Health, Docket #2004-BCA-0074, addresses the ele- vated levels of copper found during sampling pe- riod of year 2004. This includes the eventual construction of a water treatment plant that will adjust pH of the treated water to reduce copper levels below the action levels. Do I need to take soecial orecautions ? Some people may be more vulnerable to contami- nants in drinking water than the general pOPula-. tion. Immuno-compromised persons such as per- sons with cancer undergoing chemotherapy, per- sons who have undergone organ transplants, people with HIVjAIDS or other immune system dis- orders, some elderly, and infants can be particu- larly at risk from infections. These people should seek advice about drinking water from their health care providers. EPAjCenters for Disease Control (CDC) guidelines on appropriate means to lessen the risk of infection by cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (800-426-4791). Wate.. SalDpling Conducted in 2005 Sample Date Unit MCL MCLG Detected Viola- Major Sources Level tion 7/5/05 ppm -mg/L 10 (State Re- ND NO Erosion of natural deposits; porting (None Detected) Runoff from fertilizer use. Level ~ . 0.100 mg/L) 23 Regular Samples ppm -mg/L Contami- No Contami- ND NO Natura1Jy present in the per Month, Plus nant Pre- nant Present environment New Cons't & In- sent vestigative Contaminant Nitrates (EPA Regulated) at source--Elwha Microbiological Contaminants Total Organic Carbons (fOC's) I Sample per ppm -mg/L NE NE ND NO Monthly sampling required Month for reduced monitoring of D/DBP Trihalomethane (TTHM) 1 Sample per Quar- ug/L 100 100 A vg. Detected NO Byproduct of Chlorine ter 2.475 Disinfections Process Halo-Acetic Acid (HAAS) I Sample per Quar- ug/L 60 NE Avg. Detected NO Byproduct of Chlorine ter .575 Disinfections Process Term Delmition Term Delmition porn - mg/L Parts per million, or milligrams per liter (mg/L) ITHM Total Trihalomethane yg& Micrograms per liter HAAS Haloacetic Acid NE Not Evaluated BCA Bilateral Compliance Agreement; Construction of corrosion control system will be included in the ND Not Detected new water treatment plant, Docket #2004, BCA-#0074 Maximum Contaminant Level Goal D/DBP Disinfectant/Disinfection B y- Products Source water assessment and its availabilitv Water from the Ranney Collector is tested following the guidelines estab- lished by the DOH to detect potential contaminants that could reasonably be expected to be found in drinking water. Because most of the land through which the Elwha. River flows is inside the Olympic National Park, there is limited opportunity for human contamination of the water. Con- taminants that might be expected in untreated water include: biological contaminants such as viruses and bacteria; inorganic contaminants such as salts and metals; pesticides and herbicides; organic chemicals from industrial or petroleum use; and radioactive materials. Whv are there contaminants in mv . drinking water? Drinking water, including bottled wa- ter, may reasonably be expected to ~ntain at least small amounts of .ome contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about con- taminants and potential health ef- fects can be obtained by calling the EPA's Safe Drinking Water Hotline (800-426-4791). This information can also be accessed at the EPA's website, www.eoa.gov/safewater/ ccrl.html. The source of drinking wa- ter (both tap and bottled water) in- clude rivers, lakes, streams, ponds, reservoirs, springs, and wells. As wa- ter travels over the surface of the land or through the ground, it dis- solves naturally occurring minerals and, in some cases, radioactive mate- rial, and can pick up substances re- sulting from the presence of animals or from human activity. Microbial contaminants such as vi- ruses and bacteria, that may come from sewage treatment plants, septic systems, agricultural livestock opera- tions, and wildlife. Inorganic contami- .ants, such as salts and metals, which can be naturally occurring or result from urban stormwater runoff, industrial, or domestic wastewater dis- charges, oil and gas production, min- ing or farming. Pesticides and herbi- cides, may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses. Organic chemical contaminants, including synthetic and volatile organic chemicals, are by-products of indus- trial processes and petroleum produc- tion, and can also come from gas sta- tions, urban stormwater runoff, and septic systems. Radioactive contami- nants can be naturally occurring or be the result of oil and gas production and mining activities. In order to en- sure that tap water is safe to drink, EPA prescribes regulations that limit the amount of certain contaminants in water provided by public water sys- tems. Food and Drug Administration (FDA) regulations establish limits for contaminants in bottled water which must provide the same protection for public health. Variance and Exemotions In 2003 the City requested and was approved to reduce monitoring of Dis- infections/Disinfectants By Products by the DOH, having met the sampling requirements agreed to, being below the MCL, of TTHM's, HAA(5)'s, and TOC's. Violations and Exceedences Copper-action level at consumer taps. Copper is an essential nutrient, but some people who drink water contain- ing copper in excess of the action level over a relatively short amount of time could experience gastrointestinal dis- tress. Some people who drink water containing copper in excess of the ac- tion level over many years could suffer liver or kidney damage. People with Wilson's Disease should consult their personal doctor. The City Water Utility sampled sixty homes that were identi- fied between the years 1982-1988 where contractors installed copper wa- ter service lines with lead solder joints within the home. The "Action Level" (1.3 ppm-mg/L) for copper was exceeded by 0.55 ppm-mg/L. Con- struction of a corrosion control system that will adjust the pH of the treated water is to be included in the new wa- ter treatment plant pursuant to the BCA #2004-BCA-#0074. I 10th Annual School District Potlatch ~ ~ A_~ ..A.~ ~ ,~ ~~ ~ ~ ~ ,,~ ~ =-< )!""T I ~ ~IIY ~.,.if ~. · r1-1 ...-..:: ~ Teaching Our Ancestral Ways 7akwusta~ 7a7 kwi sciyu7isi please join us on March 23, 2006 atihe Lower Elwh~ Iribal Center Open House . Opening Prayer & Dinner Program 4:00 pm 5:00 pm 6:00 pm Keynote Speaker Denny S. Hurta~o Indian Education Direttor, aSPI please bring a side dish to add to the feast. To volunteer please contact the culture Program Staff @ 452-8471 x146. I . :y EXECUTIVE SESSION Date: !II ~{ (oJ. .tl6 IS- ~/, / Expected length of session: I/o Is action expected following the session: Reason for Executive Session: To consider matters affecting national security. _ To consider 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, fmancial 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 meeting open to the public. ~ 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: II; ys- /;) " IS- Irs . / 1- .r ~ 0 . Time session ended: Was session extended by announcement: If so, when: Ao ~ ~ ~ .J.Jf5tm- City Clerk G:\LEGALIFonns\EXECUTIVE SESSION- I O-17-05.wpd