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HomeMy WebLinkAboutAgenda Packet 12/20/2005 U. S. A. AGENDA CITY COUNCIL MEETING 321 EAST }c'UTH STREET December 20, 2005 REGULAR MEETING - 6:00 p.m. FORTMGELES Becky Upton City Clerk A. CALL TO ORDER - Regular Meeting (6:00 p.m.) ROLLCALL- PLEDGE OF ALLEGIANCE - CEREMONIAL MATTERS & PROCLAMATIONS 1. Recognition of Richard A. Headrick 1. Recognition \ B. WORK SESSION . C. (1) LATE ITEMS TO BE PLACED ON TillS OR FUTURE AGENDAS as determined by City Manager. or City Council member (2) PUBLIC COMMENT This is an opportunity for members of the public to speak to the City Council about anything. To allow time for the Council to complete its legislative agenda, comments should be limited to no more than 5 minutes 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.) D. FINANCE E. CONSENT AGENDA ' 1. City Council minutes - special meeting of 1 1. December 5, 2005, and minutes from regular S meeting of December 6, 2005 2. Expenditure List - December 9, 2005 - 13 $2,193,516.12 3. Electronic Payments - December 9, 2005 - 33 $1,391,091.00 4. State Growth Management Services Grant 3S 5. AppointmentofCityRepieseritativet()Clallam 49 County Animal Issues Advisory Committee 6. Amendment to Interlocal Agreement with Sl Claliim CoUnty Ior'TeIepnone Systerii~- -,- --~,-- -- Accept Consent Agenda F. CITY COUNCIL COMMITTEE REPORTS G. RESOLUTIONS . NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK December 20, 2005 Port Angeles City CoUncil Meeting Page - 1 H. ORDINANCES NOT REQUIRING PUBLIC HEARINGS 1. Nuisance Ordinance 2. Ordinance creating Fund 3. Senior Center Membership Fee Ordinance 61 1. Second Reading / Adopt Ordinance 79 2. Second Reading / Adopt Ordinance 83 3. First Reading I. OTHER CONSIDERATIONS 1. Interlocal Agreement with Clallam County for 86 1.. Approve Agreement Eastern Urban Growth Area Sewer Extension. a-f 2. Brown & Caldwell Consultant Agreement 87 Amendment 2. Approve Amendment 3. Controlled Medication Agreement with. 89 Clallam County Fire District #2 3. Approve Agreement 4. Consideration of Subdivision / Planned 95 Residential Housing Development in the RS-9 4. Continue to January 17, 2006 Zone located Southwest of the Intersection of Ahlvers Road/Laurel Street (No paperwork in packet) J. PUBLIC HEARINGS - QUASI-JUDICIAL (7:00 P.M. or soon thereafter) K. PUBLIC HEARINGS - OTHER 1. Acquisition ofNiichel Property for Public Parking 97 1. Conduct Public Hearing / Approve Acquisition L. INFORMATION 1. City Manager Reports: . A. Peninsula Interna.tiona.l RelattonsAssociatiOll Quarterly Report - Oct.. Dec 2005 (page 113) 2. Planning Commission Minutes - November 19,2005 (page 115) M. EXECUTIVE SESSION (As needed and determined by City Attorney) RCW 42.30.140(4) - Review proposals made in the course of bargaining negotiations, and RCW 42.30.110(I)(b), real estate, and (i) potential litigation. N. ADJOURNMENT I:\MyFileslBackup\OmCE\WPWIN\MYFILES\agendas\Dec 20, 2005 age. wpd . NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK December 20, 2005 Port Angeles City Council Meeting Page - 2 1. FORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEETING CALL TO ORDER - REGULAR MEETING: n. ROLL CALL: Members Present: Mayor Headrick Councilmember Braun Councilmember Erickson Councilmember Munro Councilmember Pittis Councilmember Rogers Councilmember Williams Staff Present: Manager Madsen Attorney Bloor Clerk Upton G. Cutler D. McKeen T. Riepe y. Ziomkowski *= ~ =i= v: v', V *= V December 20~ 2005 to c& p. 'm-. Ill. PLEDGE OF ALLEGIANCE: Led by: ~~ 6Ja..a.d;./<,-~) · FORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEETING Attendance Roster DATE OF MEETING: December 20. 2005 LOCATION: City Council Chambers //1 It p;v- -l City of Port Angeles FORTANGELES OrdinancelResolution Distribution List WAS H I N G TON. U. S. A. City Council Meeting of December 20. 2005 ~ f);..d 11. ,,~ ~, n ,,^. V) ,,,J MJAJ f), \lP f I'Y\Ll La , .,." "'iLl. r c;.n.DL 7\ lJlu..IlU . AAIl.llt; .. '1j .. -+--- ..... 'JL.')"~(J WIO II. e ,^ ",' .1l ~'A fJ ....:: b ,..-A .., 'If u .It. . J City Manager City Atty. (1) 1 V" J / 1/ I V" Planning 1/ '" J / City Clerk (2) '!;/ ~V' ~V"" ~ .v' / - / ,/ Jv' Deputy Clerk (1) J , Personnel / Cust. Svcs. 5V Finance Dir./Mgr. Police Dept. J/ Fire Dept. Light Dept. Parks & Rec. l/ P\A( JV" I ../ ~ V'~ J V' MRSC (1) J../ J ./ J./ ,/ / PDN (Summary) J., J MN\ .; ..~J "'^ N\ V . .f} 1""'-0:-, / ~.J MM V - Extra Copies ~ I TOTAL I ? ~ '7 J J FORTNGBLES WAS H IN G TON, U. S. A. CITY COUNCIL MEMO DATE: December 20, 2005 To: CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works and Utilities SUBJECT: Light Duty Vehicles: Anlended Schedule Price Summary: Bids for light duty vehicles for sedans and trucks were opened on May 27,2005. The City received bids from Ruddell Auto Mall and Port Angeles Ford, as well as using the State Bid process. At the time, Port Angeles Ford's bids were determined to be lowest on schedules E&F. Due to an obvious clerical error in the bid amount for one of the vehicles, $777.92 was omitted in taxes by Port Angeles Ford in their bid document. Port Angeles Ford has requested that this amount be corrected. Recommendation: Increase the authorization by $777.92 for the procurement of two 2005 Ford Su er Du F550XL's from $59,613.36 to $60,391.28. Background/Analysis: Recently, the City of Port Angeles has taken possession of four trucks from Port Angeles Ford previously authorized by City Council at their June 7, 2005 meeting. Payment for the vehicles is now ready to be made. During the final invoicing process, Port Angeles Ford discovered that the tax rate was not correctly applied in their subtotal for one of the vehicles. While that bid document correctly states the applicable rate of 8.6%, a lower percentage was. erroneously multiplied through, causing a $777.92 shortfall. Increasing the bid for schedule F by this amount corrects this obvious clerical error to the intended true total. In review of other bids for this procurement, it is noted that this correction does not change the low bidder for any of the vehicles. Funds are sufficient within the budgeted amounted to allow for this increase. It is recommended that Council increase the authorization by $777.92 for the procurement of two 2005 Ford Super Duty F550XL's from $59,613.36 to $60,391.28. N:\CCOUNCIL\FINAL\Light Duty Vehicles - Amended Schedule Price.doc . . . CALL TO ORDER- SPECIAL MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: Farmers' Market CUP Appeals CITY COUNCIL SPECIAL MEETING Port Angeles, Washington December 5, 2005 Mayor Headrick called the special meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Members Absent: Staff Present: Public Present: Mayor Headrick, Councilmembers Braun, Erickson, Munro, Pittis, Rogers, and Williams. None. Manager Madsen, Attorney Bloor, Clerk Upton, S. Roberds, S. Johns, N. West, and J. Mahlum. E. Chadd, M. & R. Gotham, M. Womack, J. Hoare, P. Vanderhoof, B. Jones, M. & R. Jones, J. Vanderhoof, C. Ritchie, K. Sandborn, E. Petersen, J. A. Hoare, K. Baymor, J. Jones, T. Ahlgren, K. Williamson, M. & M. Lesh, P. Walker, B. Wharton, E. Schafer, B. Lumens, J. Hendricks, J. Gardiner, D. Norman, K. Kown, C. Merrill, and D. Markley. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Williams. Farmers 'Market CUP Appeals: Mayor Headrick opened the meeting by informing those present that the closed record Farmers' Market appeals hearing is a quasi-judicial proceeding that will be conducted with fairness and procedural due process. He posed specific questions to the Council as relates to appearance of fairness issues, and as to whether any member of the Council engaged in communication outside the hearing with opponents or proponents on the issue. Councilmember Braun indicated that, prior to the appeals, he spoke to business people on the subject. Councilmember Williams disclosed that he answered numerous questions about the situation, but none of the questions related to the substance of this evening's meeting, and he believed he could sit in an impartial proceeding. Councilmember Munro noted that he has an office downtown. Councilmember Pittis disclosed that he was a member of the Planning Commission when the issue first arose, and he voted in favor of the Farmers' Market. Councilmember Erickson noted that the County is her employer, which may prove to be relevant depending on the outcome of the appeals. She indicated that the Farmers' Market was originally sited on County property, and it was conceivable that the Market could return to the County property. Mayor Headrick inquired as to whether anyone in the audience felt a Councilmember should be disqualified; there was no response. On the question of the Council's impartiality and the subsequent silence in the audience, Attorney Bloor presumed the silence was an answer in the affirmative, to which the Mayor agreed. The Mayor stated the purpose and ground rules of the hearing and further outlined the process that would 1 - I - CITY COUNCIL SPECIAL MEETING December 5, 2005 Fanners' MarketC1JP Appeals (Cont'd) be followed. Mayor Headrick read the rules of the quasi-judicial proceedings, confIrming that Attorney Craig Miller was representing all but one of the appellants. The Mayor noted there would be equal time for all involved, and there would be opportunity for rebuttal as well. . Craig Miller, 711 E. Front Street, addressed the Council on behalf of appellants J. Anthony Hoare; D. G. "Jerry" Hendricks; Diane Halsey; Robert McCrorie, Sr.; Edna Petersen; Bonita Melville; and Roy and Mary Gotharn. Mr. Miller provided substantiation for the appeal that had been fIled on the basis that CUP 03-06 had expired, and the Planning Commission was without legal authority or jurisdiction to extend the permit. Further, the hearing procedure adopted by the Chair of the Planning Commission violated due process rights, and the Planning Commission adopted an incorrect.standard by which to judge whether to approve the permit. The appeal was also fIled on the basis that the Planning Commission made no fmdings or conclusions in regard to whether the applicant's use was or could be made compatible with the uses of the adjoining property owners and tenants who objected to the proposed use. Additionally, it was felt that the Planning'Commission failed to consider the effect of the existence of alternative locations on. whether the adverse impacts of the proposal could be mitigated. Julie Gardiner, 109 E. 1"1 Street, owner of McLean's Shoes and appellant, provided testimony regarding her appeal that was filed on the basis that it was improper to process a request for an extension to an expired permit, that the environmental deterrninationsupporting the processing of the Conditional Use Permit was inadequate, and that the C1JP was reviewed by staff as a new application; however, the Planning Commission granted an extension to an expired permit. Ms. Gardiner discussed transportation impacts that should have been included in the DNS. She felt that no Findings. or Conclusions were made in regard to mitigation measures to address negative -impacts resulting from the closure of Laurel Street regardless of specific . testimony provided by adjacent merchants and landowners. Craig Ritchie, representing the Farmers' Market, distributed handouts of Chapter l7.96.070(E) of the Port Angeles Municipal Code regarding Extensions of Approved Conditional Use Permits. He argued that the Planning Commission had no choice in that there hadn't been any changes, the application for an extension was submitted on a timely basis, his clients were asked to place the Market downtown, and the Planning Commission decision was legally correct. Mr. Ritchie urged the Council to affirm the Planning Commission's decision. Brief discussion ensued, after which Mayor Headrick opened the floor for rebuttal. Mr. Miller, Ms. Gardiner, and Mr. Ritchie then addressed the Council, each providing further testimony to counter that provided by the opposing side. Break Mayor Headrick recessed the meeting for a break at 7 :21 p.m. The meeting reconvened at 7:29 p.m. The Council proceeded to deliberation, with the Councilmembers stating their position on the matter. Following lengthy discussion, Councilmember Rogers moved to grant the appeal and deny the extension of the Conditional Use Permit, directing staff to prepare appropriate findings and conclusions. The motion was seconded by Councilmember Erickson. Councilmember Munro asked about the possibility of extending the Farmers' Market use of Laurel Street for a couple of weeks in order to provide them with sufficient time . to locate elsewhere. Attorney Bloor indicated such a decision was within the Council's legal authority. Councilmember Erickson called for the question, and the motion died for lack of a second. 2 - 2- . . . CITY COUNCIL SPECIAL MEETING December 5,2005 Farmers' Market CUP Appeals (Cont'd) Council member Munro moved to amend the motion to extend the Farmers' Market one more Saturd~l' through December 10th and to then deny the permit at that time. The motion was seconded by Councilmember Pittis. A vote was taken on the motion with Councilmember Munro voting in favor and the remaining Councilmembers voting in opposition. The motion, therefore, failed. A vote was taken on the main motion, which carried unanimously. Attorney Bloor advised the Council there is a Right-of-Way Use Permit for the use of Laurel Street by the Farmers' Market and, in consideration of the vote this evening, he asked that the Council consider authorizing staff to amend the permit to take out the Saturday portion of the permit. Councilmember Williams moved to direct staff to remove the Saturday portion of the Right-of-Way Use Permit for Laurel Street. The motion was seconded by Councilmember Pittis and carried 6 - 1, with Councilmember Erickson voting in opposition. ADJOURNMENT: The meeting was adjourned at 8:08 p.m. Richard A. Headrick, Mayor Becky J. Upton, City Clerk 3 - 3- . . . 4 . . . CALL TO ORDER- SPECIAL MEETING: EXECUTIVE SESSION: RETURN TO OPEN SESSION: CALL TO ORDER- REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PRESENTATIONS, CEREMONIAL MATTERS & PROCLAMATIONS: Firefighters' Participation in Hurricane Katrina Relief Efforts WORK SESSION: CITY COUNCIL MEETING Port Angeles, Washington December 6, 2005 Mayor Headrick called the special meeting of the Port Angeles City Council to order at 5:15 p.m. Mayor Headrick announced the need for an Executive Session for approximately 45 minutes under the authority ofRCW 42.30. 140( 4 )(b) regarding a planning position to be taken during the course of negotiations and RCW 42.30.11 O( i)(B) regarding a matter of real estate. The Executive Session convened at 5:15 p.m. The Executive Session concluded at 6:00 p.m., no action was taken, and the Council reconvened in regular open session. Mayor Headrick announced a 5-minute break. Mayor Headrick called the regular meeting of the Port Angeles City Council to order at 6:04 p;m. Members Present: Mayor Headrick, Councilmembers Braun, Erickson, Munro, Pittis, Rogers, and Williams. Members Absent: None. Staff Present:. Manager Madsen, Attorney Bloor, Clerk Upton, D. McKeen, T. Riepe, Y. Ziomkowski, D. Chastain, P. Rose, S. McLain, J. Young, T. Pierce, L. Dunbar, J. Mahlwn, N. West, S. Johns, and S. Roberds. Public Present: C. J. Girard, M. Haggerty, C. Kidd, A. Whetstine, V. DelGuzzi, F. & A. Andrews, K. Weimer, N. & D. Hagin, P. Lamoureux, L. Brishin, J. Heckman, D. & J. Mudd, R. Steinman, C. Rennie, L. DelGuzzi, M. Madison, F. Seing, K. & T. Jensen, F. & W. Rix, C. Berg, B. Wharton, T. Armstrong, M. & R. Oakes. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Braun. Firefighters' Participation in Hurricane Katrina Relief Efforts: Fire Chief McKeen opened discussion on the efforts of Paramedic Dave Chastain and Firefighter/EMT Pat Rose, who were sent in response to a FEMA request to assist with Hurricane Katrina relief efforts. FEMA, an agency responsible for relief and recovery, provided orientation to the frrefighters to assist with direct public outreach to individuals in the affected areas. Messrs. Chastain and Rose showed pictures of the devastation while qescribing their life-changing experience. Firefighter Rose returned home with a puppy he saved and, on behalf of the Council, Councilmember Rogers presented him with a treat bag for "Missy" . None: 5 - 1 - CITY COUNCIL MEETING December 6,2005 LATE ITEMS TO BE PLACED ON TIDS OR FUTURE AGENDAS & PUBLIC COMMENT: FINANCE: Crown Park Stormwater Sludge Pump Purchase Contract for Fire Records Management System CONSENT AGENDA: Manager Madsen added the Indigent Defense Services Contract to the Consent Agenda as Item F.l 0; he deleted Item F .8. from the Consent Agenda. He added a real estate purchase as Agenda Item J.3. and benefits for non-represented employees to Other . Considerations as Agenda ItemJ .4. On behalf of the Employees Association, Manager Madsen extended an invitation to the Council for the Winter Gala. this coming Saturday. Joe Girard, representing the Law Enforcement Advisory Board, referenced a letter in the Information Agenda expressing the LEAB'ssupport of the Downtown Resource Officer Program. Mr. Girard appreciated the Council's support of the Advisory Board and of the Police Department in its efforts to provide a high level of service to the community. Paul Lamoureux, 602 Whidby, provided suggestions to the Council for changing the order of agenda items for the meetings. He distributed copies of the proposed changes in the interest of accommodating the public. Tammy Ratliff, 50 Benson Road, provided kudos to the firefighters for their efforts. She then expressed disappointment with the decision on the Western UGA rezone. 1. Crown Park Stormwater Sludge Pump Purchase, Project 21-08: Deputy Director of Power Systems McLain presented information regarding a stormwater treatment structure that was installed at Crown Park in 2004 as part of the Crown Park Sewer/Stormwater Improvement Project. The structure must be maintained by pumping to clear accumulated solids from the sump area. Discussion followed with Wastewater Superintendent Young answering questions posed by the Council and providing information relative to the pump previously considered by the Council. .Councilmember Pittis moved to authorize the Director of Public Works . & Utilities to sign a purchase contract for the Godwin portable pump system, Heidra 100 Hydraulic submersible pump, from Godwin Pumps of America, Inc., in an amount not to exceed $28,250 and to consider using the previous pump reviewed at the Wastewater Treatment Plant. The motion was seconded by Councilmember Braun and carried unanimously. 2. Contract for Fire Records Management System: Fire Chief McKeen submitted information on the Regional Fire Records Management System, a computer based records management system that manages a multitude of fire service records. The programs are part of the services provided by PENCOM to its subscriber fire agencies. Chief McKeen indicated the City would incur a significant savings that will far exceed the initial cost of the records management system. Following discussion, Councilmember Braun moved to authorize the City Manager to sign the contracts between the City and Emergency Reporting, Inc., for a new Internet based record management system and related interface that will be utilized by five area fire protection agencies. Councilmember Rogers seconded the motion, which carried unanimously. The City Council considered the Consent Agenda, as follows: 1.) City Council minutes of November 10,2005, Special Meeting, and November 15, 2005, Regular Meeting; 2.) Expenditure List - November 25,2005 - $804,266.13; 3.) Electronic Payments - November 25, 2005, $1,603,771.00; 4.) Landfill Gas System Improvements 2005, Project 05-17, Final Acceptance; 5.) Appointment of City representatives to. Clallarn County Advisory Boards; 6.) Appointment of Council Member Rogers to Clallam Business Incubator (CBI) Board of Directors; 7.) . Acceptance of2005-2007 Washington State Archives Local Records Grant; 8.) :Amend p Ar~ LeASe, - Dopa!; 9.) Utility Right-of-Way Easement on City Property; and 10.) Indigent Defense Services Agreement. 6 - 2- . . CONSENT AGENDA: (Cont'd) CITY COUNCIL COMMITTEE REPORTS: Break PUBLIC HEARINGS - OTHER: 2006 Budget Hearing Ordinance No. 3225 . W ater/W astewater Rate Adjustments Ordinance No. 3226 Ordinance No. 3227 i~:':?,~' . /''','}",?::""";.,,,',i CITY COUNCIL MEETING December 6, 2005 Following discussion concerning the Indigent Defense Services Agreement, Councilmemb~r Rogers IJ}~~(ld to accept the Consent Agenda. The motion was seconded by Councilmember Williams and carried unanimously. None. Mayor Headrick recessed the meeting for a break at 6:58 p.m. The meeting reconvened at 7:11 p.m. 1. 2006 Budget Hearing: Mayor Headrick opened the public hearing at 7: 11 p.m., after which Finance Director Ziomkowski, with the use of Power Point slides, presented the Budget Ordinance for 2006 and the amended Budget for 2005. She reviewed changes to the 2005 budget for a total amended budget in the amount of $87,811,756, which included the Western UGA utility extension, funding for the 81h Street Bridge project, deferred funding for the Gateway Project, designation of funds to the CIP, and funds for the fire ladder truck. The 2006 budget is $104,044,019, with $74,179,519 in the operating budget and 29,864,500 in capital projects. Director Ziomkowski provided an in-depth review of the changes that were made to the 2006 Preliminary Budget, all of which were incorporated in the Ordinance being recommended for adoption this evening. She included in her report a plan for fmancing the purchase of the "Niichel" property. Brief discussion followed on the PENCOM position added to the budget document. Tammy Ratliff, 50 Benson Road, sought clarification regarding the types of public safety issues involving PENCOM, and further information was provided by Director Ziomkowski and Police Chief Riepe as to PENCOM's role in county-wide 9-1-1 dispatching and the need for technological support. Mayor Hbadhck referenced the addition of $76,000 for the real estate purchase being proposed, and Director Ziomkowski responded the Budget could still be adopted with that proposed amendment. Discussion ensued on Budget-related items that will likely be addressed at an upcoming Council retreat. There being no further public testimony, Mayor Headrick closed the public hearing at 7 :31 p.rn. and read the Ordinance by title, entitled ORDINANCE NO . 3225 AN ORDINANCE of the City of Port Angeles amending the 2005 budget, adopting the 2006 budget, and providing for a cost of living increase for certain city employees. Councilmember Braun moved to adopt the Ordinance as read by title, to include the amendment for the real estate purchase. The motion was seconded by Councilmember Rogers and carried 6 - 1, with Councilmember Erickson voting in opposition. Councilmember Erickson expressed the opinion that the Parks Deputy Director position should be at a department head level, so she opted to vote against the motion. Councilmembers Pittis and Williams indicated support of the Budget, but they wanted it known they were not supportive of the funding for fluoridation. 2. Water/Wastewater Rate Adjustments: Mayor Headrick re-opened the public hearing at 7:34 p.rn., and Deputy Director McLain referenced the previous presentation made by the consultant on the matter of rate adjustments. Following the public hearing, it is recommended that the second reading of the Ordinances be waived and that the Council proceed to adoption of the 7 . - 3 - CITY COUNCIL MEETING December 6,2005 W ater/W astewater Rate Adjustments Ordinance No. 3226 Ordinance No. 3227 (Cont'd) Break OTHER CONSIDERATIONS: Appeal of State Environmental Policy Act (SEP A) Determination of Non-Significance Ordinances. Mayor Headrick read the Ordinances by title, entitled ORDINANCE NO. 3226 . AN ORDINANCE of the City of Port Angeles, Washington, Washington, revising water service rates and amending Chapters 3.70, 13.24, 13.32, 13.44, and 13.69 of the Port Angeles Municipal Code. ORDINANCE NO. 3227 AN ORDINANCE of the City ofPortAngeles, Washington, revising wastewater service rates and amending Chapters 13.65 and 13.69 of the Port Angeles Municipal Code. Power Manager Dunbar provided an overview of each Ordinance, noting that CSO's greatly impacted the rates because of the unfunded federal mandate. At the Mayor's request, he also summarized the combined sewer overflow system, listing the projects that will be forthcoming. Attorney Bloor clarified for the Council that the penalties for not abiding by the CSO requirements are deserving of serious consideration, as there may be significant civil penalties, and the DOE has the authority to halt all new service inside the City limits. Deputy Director McLain offered a correction to Page 2 of the Wastewater Ordinance whereby the effective dates should be 2006,2007, and 2008. Paul Lamoureux, 602 Whidby, distributed a document to the Council setting forth various questions as to why the base of 430 cubic feet hasn't been increased, whether more customers equal less revenue, whether it costs more to supply more water, whether higher water users pay more, and whether an incremental rate structure has been considered. Discussion followed, and individual Councilmembers provided Mr. . Lamoureux with further clarification and information on the rate-setting process and structure. Mayor Headrick closed the public hearing at 8:06 p.m. Councilmember Pittis endorsed the concept of a public education effort in order to provide the public with a comprehensive explanation as to the reasons for the rate adjustments. The Council was in agreement, noting that information should be placed on the web page and flyers should be included with the utility bills. Councilmember Pittis moved to waive the Council's required second reading of the two Ordinances. Councilmember Williams seconded the motion, which carried unanimously. Councilmember Rogers moved to adopt the two Ordinances as read by title. The motion was seconded by Councilmember Erickson and carried unanimously. Mayor Headrick recessed the meeting for a break at 8: 11 p.m. The meeting reconvened at 8:22 p.m. 1. Appeal of State Environmental Policy Act (SEP A) Determination of Non- Significance Regarding a Subdivision / 140-Unit Planned Residential Housing Development in the RS-9 Zone: Mayor Headrick opened the quasi-judicial proceedings by stating the purpose of the closed record appeal hearing and posing questions to the Council as relates to appearance of fairness issues. The Councilmembers responded as to their ability to hear the issue with impartiality. Councilmember Williams disclosed he is arealtor at Carroll Realty, and the firm's broker lives within three blocks of the project, but no details . pertinent to the project were discussed by the two. Councilmember Rogers added that , her husband is also a realtor at Carroll Realty, but they have had no discussions regarding the project. Councilmember Pittis disclosed that he lives on Park Avenue 8 - 4 - . . . OTHER CONSIDERATIONS: (Cont'd) Appeal of State Environmental Policy Act (SEP A) Determination of Non-Significance (Cont'd) Extend Meeting Beyond 10:00 p.rn. '.".....,":,>-........;..- CITY COUNCIL MEETING December 6, 2005 and frequently uses the intersection in question. Mayor Headrick asked if any member of the audience had grounds to disqualify a Councilmember from hearing the appeal. Fred Rix, 139 West Ahlvers, felt an appearance of fairness issue existed with Councilmember Williams, because he is a realtor and could gain from the development. Attorney Bloor asked CounciImember Williams ifhe had any interest or financial gain in the development, to which CounciImember Williams responded that he did not. Attorney Bloor, therefore, concluded that CounciImember Williams should not be disqualified from the deliberations. No other issues were raised by the audience. Mayor Headrick disclosed that he has a family member who owns abutting property, but there have been no discussions between them on the project. He then read the rules of the proceedings. Associate Planner Johns provided an overview of the SEPA checklist review for the Reserve at Valley Creek Planned Residential Development. The SEPA Responsible Official determined that the existing development standards would mitigate the impacts to a non-significant level, based on the information available at the time. Fred Rix, 139 W. Ahlvers, appellant, referenced two letters he had written that were contained in the Council packet, one dated July 18, 2005, and the other dated November 28,2005. He appealed the Determination of Non-Significance, feeling that a full Environmental Impact Statement should be done. In that copies of the DNS were not provided to the Council, staff departed the Chambers to obtain copies for the Council's reference. Mr. Rix then proceeded to discuss specific aspects of the DNS, providing substantiation of his position related to soils, unstable soils, as well as filling . and grading on the wetland. In addition, he took exception to aspects of the DNS on erosion, the amount of impervious surfaces anticipated, the lack of seasonal streams identified, the possibility of the swale being located in the buffer zone, and the amount of fill and dredge material projected. Mr. Rix also disagreed with and provided commentaries regarding water diversions; the discharge of waste materials to surface waters; water runoff; waste materials; the proposed measures to reduce or control surface, ground, and runoff water impacts; the amount of vegetation removed; proposed landscaping; birds and animals observed to be on the site; the. lack of measures to preserve or enhance wildlife; the possibility for wood heat as relates to clean air issues; environmental health hazards; transportation issues with related safety issues; and the failure to address the AhlversIPeabody safety issue. Discussion ensued with staff providing clarification to the Council on the differences between SEP A and the permitting process and the fact that the issues of the SEP A become a condition of the permit in that there are specific ordinances and policies that must be adhered to by the developer. Discussion also focused on the level of public involvement in a Determination of Non-Significance versus an Environmental Impact .~_Statement Councilmember Williams moved to extend the City Council meeting beyond 10:00 p.m. The motion was seconded by Councilmember Braun and carried unanimously. Mr. Rix continued to address specific areas of the DNA with which he disagreed, such as increased need for public services, whether the proposal is the first of its type in the community, the need for a distance to be calculated on the buffer, increased nutrient loading and contaminants, increased turbidity. He discussed agencies. needing the opportunity to comment and reiterated his desire to see a full EIS. Lengthy discussion followed, and the CounciImembe~s deliberated the various issues as delineated by Mr. Rix, asking questions of Mr. Rix and the staff. 9 - 5 - CITY COUNCIL MEETING December 6,2005 Break OTHER CONSIDERATIONS: (Cont'd) Appeal of State Environmental Policy Act (SEPA) Determination of Non-Significance (Cont' d) Consideration of Subdivision / Planned Residential Housing Development in RS-9 Zone RESOLUTIONS: Amended Resolution Setting Public Hearing - STY 05-05 - Gardner Resolution No. 25-05 PUBLIC HEARINGS - QUASI-JUDICIAL: Mayor Headrick recessed the meeting for a break at 10:38 p.rn. The meeting reconvened at 10:53 p.rn. Tom Armstrong, President of Development and Construction Group, Inc., the applicant, addressed the Council by stating the SEP A checklist was correct and was based on the information available at the time. Mr. Armstrong addressed such matters as the traffic analysis done twice, the wetlands mitigation plan, and engineering for storm water . Discussion followed with the Council asking questions of Mr. Armstrong. . Steve Zenovic, Project Engineer, advised the Council that he completed the checklist which he felt was accurate. Mr. Zenovic provided information on the intended development of the flatter areas, describing the slopes that are not excessively steep and the fact that mitigation would occur in those areas that were logged. He also discussed stormwater and erosion control and answered questions posed by the Council. Planner Johns reiterated that the SEP A process was followed properly, and he indicated the issues identified in the appeal were related to the permit and not SEP A. He further indicated that staff is aware there will be a requirement for a Hydraulic Permit, and there will be traffic issues to be addressed. Lengthy discussion followed regarding wood smoke and the compliance regulations as set forth by the Olympic Region Clean Air Agency. The Council deliberated at. great length the issues that had been introduced, after which Councilmember Erickson moved to deny the appeal and uphold the Determination of Non-Significance. The motion was seconded by Councilmember Rogers and carried 6 - 1, with Mayor Headrick. voting in opposition. 2. Consideration of Subdivision/ Planned Residential Housing Development in the RS-9 zone Located Southwest of the Intersection of Ahlvers: . The Conncil agreed by consensus to defer consideration of this agenda item to the December 20,2005, meeting. Amended Resolution Setting Public Hearing - STV 05-05 - Gardner: The City Council considered the amending Resolution incorporating a corrected legal description with regard to setting a street vacation public hearing. Mayor Headrick read the Resolution by title, entitled AMENDED RESOLUTION NO. 25-05 AN AMENDED RESOLUTION of the City Council of the City of Port Angeles, Washington, correcting the legal description in Resolution 22-05 and setting a hearing date of January 17, 2006, for a petition to vacate a portion of Second Street located east of vacated Alder Street, in Port Angeles, Clallam County, Washington. Councilmember Braun moved to pass the Resolution as read by title. Councilmember Williams seconded the motion, which carried unanimously. None. . 10 - 6- . . . ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Purchase of Property for Downtown Parking - Set Public Hearing for December 20,2005 Resolution No. 26-05 Nuisance Ordinance Ordinance Creating Fund OTHER CONSIDERATIONS: (Cont'd) Real Estate Purchase - Valley Creek Property CITY COUNCIL MEETING December 6, 2005 1. Presentatibii Regarding Purchase of Property for Downtown Parking and Set Public Hearingfor December 20,2005: Attorney Bloor advised th~ i'Council this would constitute the frrst reading of the proposed Ordinance. Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, approving the purchase of the Niichel property to be acquired in part for off- street parking. Mayor Headrick read the Resolution by title, entitled RESOLUTION NO. 26-05 A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a public hearing on December 20th, 2005, to consider an ordinance authorizing the purchase of property to be acquired, in part, for off-street parking. Councilmember Erickson moved to pass the Resolution as read by title. Councilmember Williams seconded the motion, which carried unanimously. 2. Nuisance Ordinance: In considering the frrst reading of the proposed Ordinance, it was noted that the December.20th Council meeting will be rather lengthy; therefore, it was agreed this agenda item should be targeted for a January Council meeting. Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, revising the nuisance and junk vehicle enforcement procedures, adding a new chapter 8.30, and amending Ordinances 2469 and 2698, as amended, and repealing Chapter 8.04 of the Port Angeles Municipal Code. 3. Ordinance Creating Fund: The Council agreed that this Ordinance should also be targeted for consideration at a January meeting. Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, creating a fund for the administration and accounting cifrevenue from the Department of Interior for upkeep, operation, maintenance, and repairs of the City's municipal water treatment plant, and adding a new section, 3.42, to Chapter 3, of the Port Angeles Municipal Code. 3. Real Estate Purchase - Valley Creek Property: Mayor Headrick presented information relative to the proposed purchase of the Ralston Valley Creek property. He indicated the City has a Purchase and Sale Agreement in hand for $87,500. The cost to the City would not to exceed $76,000, which is the amount being requested in the amended Budget. Further, the authorization would be 1 1 - 7- CITY COUNCIL MEETING December 6,2005 Real Estate Purchase - Valley Creek Property (Cont'd) Benefits for Non- Represented Employees INFORMATION: EXECUTIVE SESSION: ADJOURNMENT: based on the utilization of the last oil spill funds at $12,935.89. Councilmember Munro moved to acquire the property as presented. The motion was seconded by Councilmember Rogers and carried unanimously. 4. Benefits for Non-Represented Employees: The Council considered proposed benefits for non-represented employees, to include a statement of goals and policies. Following brief discussion, Councilmember Braun moved to adopt and implement the Goals, Policies, Benefits, and Hiring Tools as presented. The motion was seconded by Councilmember Rogers and carried 6 - 1, with Councilmember Erickson voting in opposition. None. None. The meeting was adjourned at 12: 17 a.m. Richard A. Headrick, Mayor Becky J. Upton, City Clerk 12 - 8 - . . . 1-- . Vendor CLALLAM CNTY TREASURER FIRST LINE LLC G NEIL DIRECT MAIL INC INTERNATIONAL CODE COUNCIL INC LAB SAFETY SUPPLY INC Christmas Cottage Franklin School PTO Traci Boe RICHARD G RECTOR II AND/OR WA STATE PATROL - WASIS WASHINGTON STATE TREASURER Date: 12/14/2005 City of Port Angeles City Council Expenditure Report From: 11/26/2005 Description CVCA remittance-Nov HOSP SURG ACCES & SUNDRIS B CARDS HVAC CODE BOOKS 9 COVERALLS,RESPIRATORS 3 TYVEK HOODED COVERALLS RESP DISPOSABLE 3M MASKS DEP RFD DEP RFD DEP RFD REISSUE RFD CK #86355\ Criminal history-Pinnix BLDG SURCHARGES-NOV DIST CT REVENUE-NOV ADVANCED TRAVEL AWC Regional-Munro Legislative Mayor & Council . L~~m~ AT&T BUSINESS SERVICE 11-13 alc 0172134468001 CONTINUANT INC January Maintenance G NEIL DIRECT MAIL INC B CARDS RIPLEY, PETER 1 YR SUB VERIZON WIRELESS 11-15 alc 364211037,00001 City Manager Department City Manager Office CLlNICARE OF PORT ANGELES INC PREEMPLOY DRUG SCREEN CONTINUANT INC January Maintenance FEDERAL EXPRESS CORP October Shipping chgs INTL PUBLIC MANAGEMENT ASSOCIATIO FIREFIGHTER EXAM FEES PENINSULA DAILY NEWS FIREFIGHTER ADS WAPELRA WAPELRA 2006 DUES City Manager Department Human Resources CONTINUANT INC January Maintenance PENINSULA DAILY NEWS ORD 3223 City Manager Department City Clerk City Manager Department CONTINUANT INC RICK'S PLACE .Finance Department ADVANCED TRAVEL CONTINUANT INC January Maintenance FINANCE COMM DINNER MTG Finance Administration APA Preparing Y/E-Bryant BARS,Govt Acctg-TN,LH January Maintenance 13 To: 12/9/2005 Account Number 001-0000-229.40-00 001-0000-237.00-00 001-0000-237.00-00 001-0000-237.00-00 001-0000-237.00-00 001-0000-237.00-00 001-0000-237.00-00 001-0000-239.10-00 001-0000-239.10-00 001-0000-239.10-00 001-0000-263.90-10 001-0000-229.50-00 001-0000-229.10-00 001-0000-229.30-00 Division Total: Department Total: 001-1160-511.43-10 Division Total: Department Total: 001-1210-513.42-10 001-1210-513.42-10 001-1210-513.31-01 001-1210-513.49-01 001-1210-513.42-10 Invoice Amount 248.06 -9.13 -22.53 -4.03 -25.07 -1.82 -1.77 282.00 150.00 50.00 105.39 24.00 157.50 9,671.01 $10,623.61 $10,623.61 10.00 $10.00 $10.00 87.54 28.75 293.96 30.00 118.91 $559.16 75.00 28.75 42.11 1,384.00 470.61 200.00 $2,200.47 14.37 18.05 $32.42 $2,792.05 28.75 85.15 $113.90 296.26 171.84 35.93 . Division Total: 001-1220-516.41-31 001-1220-516.42-10 001-1220-516.42-10 001-1220-516.41-50 001-1220-516.41-50 001-1220-516.49-01 Division Total: 001-1230-514.42-10 001-1230-514.44-10 Division Total: Department Total: 001-2010-514.42-10 001-2010-514.31-01 Division Total: 001-2023-514.43-10 001-2023-514.43-10 001-2023-514.42-10 Page 1 1-- . Vendor CINGULAR WIRELESS-CORPORATE GREAT AMERICA LEASING CORP ICC-MEMBERSHIP INTERNATIONAL CODE COUNCIL INC PORT ANGELES CITY TREASURER VERIZON WIRELESS City of Port Angeles City Council Expenditure Report From: 11/26/2005 To: 12/9/2005 Date: 12/14/2005 Description Account Number 11-14 ale 04749079080 001-4020-524.42-10 OFFICE MACHINES & ACCESS 001-4020-524.45-30 MEMBER DUES-0449650 001-4020-524.49-01 HVAC CODE BOOKS 001-4020-524.43-10 PHB Dinner mtg-Lierly 001-4020-524.31-01 11-15 ale 26421490800005 001-4020-524.42-10 11-15 ale 26421490800004 001-4020-524.42-10 Building Division Total: Community Developmt Dept Department Total: INET Dee-City Hall 001-5010-521.42-12 11-24 ale 0058836470 001-501 0-521.42 -1 0 January Maintenance 001-5010-521.42-10 7X10 PLAQUE DEFRANG 001-5010-521.31-01 11-26 ale 312753523 001-5010-521.42-10 POLICE ACCRED COALITION 001-5010-521.42-10 Safeway Halloween 001-5010-521.31-01 Administration Division Total: CVSIARecertify-Winfield 001-5021-521.43-10 January Maintenance 001-5021-521.42-10 11-26 ale 312753523 001-5021-521.42-10 Investigation Division Total: Street Survival-Benedict 001-5022-521.43-10 Simunitons-Dombrowski 001-5022-521.43-10 DV Team Training-McFall 001-5022-521.43-10 9 COVERALLS,RESPIRATORS 001-5022-521.31-01 3 TYVEK HOODED COVERALLS 001-5022-521.31-01 RESP DISPOSABLE 3M MASKS 001-5022-521.31-01 11-29 ale 03628377 001-5022-521.42-10 11-26 ale 312753523 001-5022-521.42-10 PORT ANGELES POLICE DEPARTMENT Postage 001-5022-521.42-10 Gas,ferry ,parking 001-5022-521.43-10 . ._-~-~---"-'- ...._-_._._._-------_.._~.,--_...__._--,.,- -.---... - ,,--- ----.---..--- OFFICE SUPPLIES, GENERAL 001-5022-521.31-01 11-15 ale 26421103600001 001-5022-521.42-10 Patrol Division Total: Laundry,cleaners 001-5026-521.31-01 Reserves & Volunteers Division Total: REPAIR RED PHONE LINE 001-5029-521.41-50 EQUIP NEEDED FOR L1VESCAN 001-5029-521.49-90 January Maintenance 001~5029-521.42-10 OFFICE MACHINES & ACCESS 001-5029-521.41-50 COMPUTER HARDWARE&PERJPH001-5029-521.31-60 COMPUTER HARDWARE&PERIPH 001-5029-521.31-60 Community Developmt Dept CAPACITY PROVISIONING INC CrNGULAR WIRELESS-CORPORATE CONTINUANT INC Garry L. Flynn NEXTEL COMMUNICATIONS NWPAC PORT ANGELES POLICE DEPARTMENT Police Department ADVANCED TRAVEL . CONTINUANT INC . NEXTEL COMMUNICATIONS Police Department ADVANCED TRAVEL LAB SAFETY SUPPLY INC METROCALL NEXTEL COMMUNICATIONS QUILL CORPORATION VERIZON WIRELESS Police Department- PORT ANGELES POLICE DEPARTMENT Police Department ANGELES COMMUNICATIONS INC CONTINUANT INC . GREAT AMERICA LEASING CORP lENOVO 15 Invoice Amount 24.11 86.51 100.00 52.53 25.00 108.85 107.38 $526.29 $666.14 172.00 32.42 50.31 65.00 87.18 100.00 48.29 $555.20 1,118.11 7.19 139.54 $1,264.84 359.00 16.96 186.80 327.09 23.72 23.07 39.93 589.52 122.62 44.23 155.25 11.29 $1,899.48 33.25 $33.25 111.94 213.37 35.93 396.02 74.71 54.31 Page 3 -- --- City of Port Angeles Date: 12114/2005 City Council Expenditure Report From: 11/26/2005 To: 12/9/2005 Vendor Description Account Number Invoice Amount . LENOVO... COMPUTERS,DP & WORD PROC. .001-5029-521.31-60 77.33 COMPUTER HARDWARE&PERIPH 001-5029-521.31-60 1,170.40 QWEST 11-20 ale 206Z200017790B 001-5029-521.42-10 198.82 11-20 ale 206T816598137B 001-5029-521.42-10 53.38 Police Department Records Division Total: $2,386.21 Police Department Department Total: $6,138.98 CAPACITY PROVISIONING INC INET Dee-Fire Station 001-6010-522.42-12 172.00 CONTINUANT INC January Maintenance 001-6010-522.42-10 35.93 GREAT AMERICA LEASING CORP OFFICE MACHINES & ACCESS 001-6010-522.45-30 212.83 PORT ANGELES FIRE DEPARTMENT CALENDARS 001-6010-522.31-01 27.57 ORGANIZER 001-6010-522.31-01 6.16 OFFICE SUPPLIES 001-6010-522.31-01 21.61 CHRISTMAS DECORATIONS 001-6010-522.31-01 79.56 VERIZON WIRELESS 11-15 ale 26423041200002 001-6010-522.42-10 43.40 WSAFC ENROLLMENT 2006 001-6010-522.49-01 850.00 Fire Department Administration Division Total: $1,449.06 CAPTAIN 1'S COVERALL LETTERING 001-6020-522,31-11 9.21 CONTINUANT INC January Maintenance 001-6020-522.42-10 21.56 GRAINGER SAFETY EYEWARE 001-6020-522.31-01 164.02 . John Hall EMT PATCHES 001-6020-522.20-80 30.00 Pete Sekac REIMBURSE CLOTHING ALLOWA 001-6020-522.20-80 229.62 TERRY REID Tuition reimbuJsement 001-6020-522.43-10 383.92 PORT ANGELES FIRE DEPARTMENT REFRESHMENTS 001-6020-522,31-01 3.00 LUNCH 001-6020-522.31-01 33.22 VERIZON WIRELESS 11-15 ale 66424372000001 001-6020-522.42-10 10.25 11-15 ale 66421143200001 001-6020-522.42-10 2.54 Fire Department Fire Supression Division Total: $887.34 CAPTAIN 1'S 3 SHIRTS 001-6021-522.31-11 48.74 METROCALL 11-29 ale 03628583 001-6021-522.42-10 16.00 PENINSULA DAILY NEWS ADVERTISEMENT 001-6021-522.44-10 190.46 SCOTT MD, ROBERT L PHYSICAL - SPEZIALE 001-6021-522.41-50 154.00 Fire Department Fire Volunteers Division Total: $409.20 CONTINUANT INC January Maintenance 001-6030-522.42-10 7.19 VERIZON WIRELESS 11-15 ale 26423041200003 001-6030-522.42-10 39.90 Fire Department Fire Prevention Division Total: $47.09 PORT ANGELES FIRE DEPARTMENT LUNCH - TESTING 001-6040-522.31-01 23.10 Fire Department Fire Training Division Total: $23.10 Fire Department Department Total: $2,815.79 ADVANCED TRAVEL Training Seminar-Partch 001-7010-532.43-10 24.50 Training Meeting-Partch 001-7010-532.43-10 135,16 . WAlIACC Conf-Puntenney 001-7010-532.43-10 350.32 CINGULAR WIRELESS ATL YS 11-24 ale 0057007521 001-7010-532.42-10 19.63 16 Page 4 . Vendor CINGULAR WIRELESS-CORPORATE City of Port Angeles Ci~ Council Expenditure Report From: 11/26/2005 To: 12/9/2005 Date: 12/14/2005 Description Account Number 11-27 ale 04748966287 001-7010-532.42-10 OFFICE SUPPLIES 001-7010-532.31-01 OFFICE SUPPLIES 001-7010-532.31-01 OFFICE SUPPLIES 001-7010-532.31-01 January Maintenance 001-7010-532.42-10 OFFICE MACHINES & ACCESS 001-7010-532.45-30 SHREDDER 001-7010-532.31-01 YEARLY SUBSCRIPTION 001-7010-532.31-01 Postage-Rinehart 001-7010-532.42-10 WA STATE DEPTOF TRANSPORTATION 5 SPEC BOOKS 001-7010-532.49-01 Public Works-Gen Fnd Administration Division Total: Public Works-Gen Fnd Department Total: NOV BANNER INSTALL 001-8010-574.41-50 INET Dee-Fine Arts Ctr 001-8010-574.42-12 11-24 ale 0048944061 001-8010-574.42-10 January Maintenance 001-8010-574.42-10 NOV 05 COPIER LEASE 001-8010-574.45-30 NOV COPIES. 001-8010-574.49-60 Administration Division Total: January Maintenance 001-8011-574.42-10 COMPUTER HARDWARE&PERIPH001-8011-574.31-60 NOV COPIES 001-8011-574.49-60 :,--Recreation Division Total: INET Dee-Senior Ctr 001-8012-555.42-12 January Maintenance 001-8012-555.42-10 OFFICE MACHINES & ACCESS 001-8012-555.45-30 11-14 ale 3604577004947B 001-8012-555.42-10 11-20 a/c206T217227465B 001-8012-555.42-10 KONP Ads-November 001-8012-555.44-10 NOV COPIES 001-8012-555.49-60 . ._._____~__"$(mior Center Division Total: INET Dec.,wm Shore Pool 001-8020-576.42-12 January Maintenance 001-8020-576.42-10 COMPUTERS,DP & WORD PROC;001-8020-576.31-60 COMPUTER HARDWARE&PERIPH 001-8020-576.31-60 Laundry soap-Oliver 001-8020-576.31-06 11-14 ale 3604570241950B 001-8020-576.42-10 NOV COPIES 001-8020-576.49-60 William Shore Pool Division Total: INET Dee-Cemetery Ofc 001-8050-536.42-12 January Maintenance 001-8050-536.42-10 NOV ADVERTISING 001-8050-536.44-10 COMPLETE LINE, THE CONTINUANT INC GREAT AMERICA LEASING CORP LINDA GUNDERSON PENINSULA DAILY NEWS PORT ANGELES CITY TREASURER ASM SIGNS CAPACITY PROVISIONING INC CINGULAR WIRELESS ATL YS CONTINUANT INC RICOH BUSINESS SYSTEMS-LEASES RleOH CORPORATION-COPIES .. Parks & Recreation CONTINUANT INC GATEWAYINC RICOH CORPORATION-COPIES Parks & Recreation CAPACITY PROVISIONING INC CONTINUANT INC GREAT AMERICA LEASING CORP QWEST RADIO PACIFIC INC RICOH CORPORATION-COPIES Parks & Recreation CAPACITY PROVISIONING INC CONTINUANT INC GATEWAY INC PORT ANGELES CITY TREASURER QWEST RICOH CORPORATION-COPIES Parks & Recreation . CAPACITY PROVISIONING INC CONTINUANT INC DEX MEDIA WEST 17 Invoice Amount 7.63 50.23 74.96 48.14 201.22 64.95 86.63 122.00 7.40 125.00 $1,317.77 $1,317.77 601.76 172.00 11.72 21.56 256.48 33.87 $1,097.39 14.37 291.33 50.80 $356.50 172.00 21.56 171.40 38.62 57.40 350.00 16.97 $827.95 172.00 7.19 242.59 2,490.89 7.57 39.90 16.94 $2,977 .08 172.00 7.19 64.40 Page 5 City of Port Angeles City Council Expenditure Report From: 11/26/2005 To: 12/9/2005 . Vendor MATTHEWS INTERNATIONAL PENINSULA DAILY NEWS Parks & Recreation CAPACITY PROVISIONING INC Description Account Number CEMETERY MARKERS .001-8050-536.34-01 COMMUNICATIONS/MEDIA SERV 001-8050-536.44-10 Ocean View Cemetery Division Total: INET Dec-VBCC 001-8080-576.42-12 INET Dec-Pk Facilities 001-8080-576.42-12 INET Dee-Carnegie 001-8080-576.42-12 January Maintenance 001-8080-576.42-10 PARK,PLAYGROUND,REC EQUIP 001-8080-576.31-20 CANCEL RFD 001-8080-347.30-18 CONSULTING SERVICES 001-8080-576.43-10 LAUNDRY/DRY CLEANING SERV 001-8080-576.31-20 11-16 a/c206T355724768B 001-8080-576.42-10 11-20 a/c 206T813953623B 001-8080-576.42-10 FASTENERS, FASTENING DEVS 001-8080-576.31-20 FASTENERS, FASTENING DEVS 001-8080-576.31-20 FASTENERS, FASTENING DEVS 001-8080-576.31-20 PLUMBING EQUIP FIXT,SUPP 001-8080-576.31-20 Park Facilities Division Total: Parks & Recreation Department Total: CED/CONSOLlDATED ELEC DISTINC ELECTRICAL EQUIP & SUPPLY 001-8130-518.31-20 ELECTRICAL EQUIP & SUPPLY 001-8130-518.31-20 AIR CONDITIONING & HEATNG 001-8130-518.31-20 HARDWARE,AND ALLIED ITEMS 001-8130-518.31-20 HARDWARE,AND ALLIED ITEMS 001-8130-518.31-20 HARDWARE,AND ALLIED ITEMS 001-8130-518.31-20 HARDWARE,AND ALLIED ITEMS 001-8130-518.31-20 11-26 A1C975491337 001-8130-518.42-10 HARDWARE,AND ALLIED ITEMS 001-8130-518.31-20 ELECTRICAL EQUIP & SUPPLY 001-8130-518.31-20 ELECTRICAL EQUIP & SUPPLY 001-8130-518.31-20 -~-ELECTRICAL EQUIP & SUPPLY 001...8130-518.31-20 Custodial/Janitorial Svcs Division Total: Parks & Rec-Maintenance Department Total: General Fund Fund Total: Contract Services-Dee 101-1430-557.49-90 2005 MKTG CONTRACT 101-1430-557.50-83 Convention Center Division Total: Convention Center Department Total: Convention Center Fund Fund Total: MARKERS, PLAQUES,SIGNS 102-0000-237.00-00 MARKERS, PLAQUES,SIGNS 102-0000-237.00-00 PIPE FITTINGS 102-0000-237.00-00 CONTINUANT INC GRAINGER Stokes Lawrence NORTHERN ARIZONA UNIVERSITY OLYMPIC LAUNDRY & DRY CLEANERS QWEST SUNSET DO-IT BEST HARDWARE THURMAN SUPPLY Parks & Recreation NEXTEL COMMUNICATIONS THURMAN SUPPLY Parks & Rec-Maintenance BREWER, DAVID PORT ANGELES CHAMBER OF COMM Convention Center HALL SIGNS INC NORTHERN TOOL & EQUIPMENT CO 18 Date: 12/14/2005 Invoice Amount 275.80 ,390.00 $909.39 172.00 172.00 172.00 7.19 530.10 200.00 1,626.00 14.00 57.40 53.39 153.11 -83.61 5.98 26.80 $3,106.36 $9,274.67 119.59 211.91 552.33 310.49 232.52 135.53 138.85 78.25 19.35 9.28 18.77 56.58 $1,883.45 $1,883.45 $56,218.16 100.00 2,152.76 $2,252.76 $2,252.76 $2,252.76 ..6.81 -48.41 -0.96 . . Page 6 . .'r.'~ I Vendor NORTHERN TOOL & EQUIPMENT CO". ALPINE PRODUCTS INC ANGELES CONCRETE PRODUCTS CAPACITY PROVISIONING INC CONTINUANT INC DUSTBUSTERSINC FLINT TRADING INC HALL SIGNS INC HOLCOMB & COMPANY, D NEXTEL COMMUNICATIONS NORSTAR INDUSTRIES INC . NORTHERN TOOL & EQUIPMENT CO PUD #1 OF CLALLAM COUNTY THURMAN SUPPLY TRAFFIC SAFETY SUPPLY CO UNITED RENTALS NORTHWEST INC VERIZON.WIRELESS ZUMAR INDUSTRIES INC Public Works-Street ADVANCED TRAVEL CLALLAM CNTY ECONOMIC DEV CNCL . CONTINUANT INC MICHAEL SIMS PORT ANGELES CITY TREASURER Economic Development '<,'i':.'ii City of Port Angeles City Council Expenditure Report From: 11/26/2005 To: 12/9/2005 Date: 12/14/2005 . Invoice Amount -1.03 -0.93 -11.93 -$70.07 -$70.07 1,314.65 70.40 7,073.55 172.00 21.56 4,806.57 4,198.19 88.75 631.67 606.48 39.07 1,011.85 647.80 431.21 13.41 12.43 12.03 155.67 17.44 36.55 515.16 69.42 1.60 335.97 182.13 1,118.46 600.58 J;'~c~0.96 $29,775.56 $29,775.56 $29,705.49 77.70 8,750.00 7.19 155.20 42.54 $9,032.63 Description PLUMBING EQUIP FIXT,SUPP PIPE FITTINGS EQUIP MAINT & REPAIR SERV Account Number 102-0000-237.00-00 102-0000-237.00-00 102-0000-237.00-00 Division Total: Department Total: MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 CONSTRUCTION SERVICES,TRA 102-7230-542.31-20 ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 INET Dee-Corp Yard 102-7230-542.42-12 January Maintenance 102-7230-542.42-10 PW CONSTRUCTION & RELATED 102-7230-542.31-20 MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 11-26 AlC 975491337 102-7230-542.42-10 TANKS:MOBILE,PORT,STATION 102-7230-542.48-10 PLUMBING EQUIP FIXT,SUPP, 102-7230-542.48-10 HARDWARE,AND ALLIED ITEMS 102-7230-542.48-10 PLUMBING EQUIP FIXT,SUPP 102-7230-542.31-20 PIPE FITTINGS 102-7230-542.31-20 PIPE FITTINGS 102-7230-542.31-20 EQUIP MAl NT & REPAIR SERV 102-7230-542.31-20 11-08 Woodhaven Ln 102-7230-542.47-10 PIPE FITTINGS 102-7230-542.48-10 MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 RENTAULEASE EQUIPMENT 102-7230-542.31-20 11-15 ale 76426408900001 102-7230-542.42-10 MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 .--N1ARKERS, PLAQUES,SIGNS 102-7230-542.31-25 MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 MET ALS,BARS,PLA TES,RODS 102-}23Q-542.31-25 Street Division Total: Public Works-Street Department Total: Street Fund Fund Total: Brownsfield Conf-Madsen 103-1511-558.43-10 3RD QUARTER 2005 103-1511-558.41-50 January Maintenance 103-1511-558.42-10 REIMB POOL SURVEY COST 103-1511-558.41-50 Business lunch-Madsen 103-1511-558.43-10 Economic Develo,~nt Division Total: Page 7 .vendor City of Port Angeles City Council Expenditure Report From: 11/26/2005 To: 12/9/2005 Date: 12/14/2005 FEDERAL EXPRESS CORP KEY BANK OF WA (BELLINGHAM) PUMPTECH INC STRIDER CONSTRUCTION CO INC THURMAN SUPPLY Public Works-Water KEY BANK OF WA (BELLINGHAM) STRIDER CONSTRUCTION CO INC Public Works-WW/Stormwtr ADVANTICA INC HANSON PIPE & PRODUCTS INC ANDERS, ANDY BREEN, RICHARD & MARYANN BROTHERTON, TAHNI .CLUM, STEVE DAVIDOON, TODD M DUNLAP TOWING CO GILLASPY, KATHRYN A HAL TTUNEN, CHARLES M HAMILTON, CRAIG MCHUGH, PAUL MCLENNAN, ANGELA MERRIKIN, DAVID PARRILL, JOHN & PATTY PRIEST, KYLE & CARRIE ----ReSS,-tANNv-&-ARL YNNE THOMAS, MICHAEL S VAN BLAIR, BRENNAN NORTH COAST ELECTRIC COMPANY .ACIFIC METERING INC WESCO DISTRIBUTION INC Description Public Works-Electric October Shipping chgs Esc#47354202644-Strider PUMPS & ACCESSORIES Contractor pmt 2 HARDWARE,AND ALLIED ITEMS Water Projects Public Works-Water Esc#4 7354202644-Strider Contractor pmt 2 Wastewater Projects Public Works-WW/Stormwtr WUGA SYNERGEE RENEWAL 2006 ELECTRICAL EQUIP & SUPPLY US CR REFUND-FINALS OVERPAYMENT-111 E 3RD ST DEPOSIT REFUND US CR REFUND-FINALS DEPOSIT REFUND US CR REFUND-FINALS US CR REFUND-FINALS US CR REFUND-FINALS US CR REFUND-FINALS US CR REFUND-FINALS US CR REFUND-FINALS DEPOSIT REFUND GOOD CREDIT REFUND GOOD CREDIT REFUND DEPOSIT REFUND GOOD-CREDITREFUND US CR REFUND-FINALS DEPOSIT REFUND ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY HARDWARE,AND ALLIED ITEMS ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP ~PPL Y Account Number Department Total: 329-7388-594.42-10 329-7388-594.65-10 329-7388-594.65-10 329-7388-594.65-10 329-7388-594.65-10 Division Total: Department Total: 329-7488-594.65-10 329-7488-594.65-10 Division Total: Department Total: Fund Total: 401-0000-237.00-00 401-0000-141.40-00 401-0000-122.1 0-99 401-0000-122.1 0-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.1 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.:0000-122.10-99 401-0000-122.1 0-99 401-0000-122.10-99 401-0000-141 .40-00 401-0000-141.40-00 401-0000-141.40-00 401-0000-141.40-00 401-0000-141.40-00 401-0000-141.40-00 401-0000-237.00-00 401-0000-237.00-00 401-0000-141.40-00 Invoice Amount $288,080.45 9.46 34,661.49 147,976.71 716,106.29 40.07 $898,794.02 $898,794.02 9,820.75 202,896.78 $212,717.53 $212,717.53 $1,399,592.00 -155.63 3,644.80 16.44 201.88 125.00 48.56 250.00 125.72 64.64 69.00 18.36 40.70 57.68 62.50 125.00 125.00 250.00 250.00 69.50 250.00 310.81 121.37 48.66 2,773.39 10,894.05 13,467.91 -55.08 -24.23 2,088.96 Page 9 . Vendor PARSINEN LANDSCAPE MAl NT INC PENINSULA DAILY NEWS PROF COLLECTION AGENCIES INC ,~\~~~: .' ';;''It:;:,>),~ ~""~~:::{f~,t;::l:"-:n.t:::',\:;_. Cifj7"()f Port Angeles City Coun~n'Expenditure Report Date: 12/14/2005 From: 11/26/2005 ,To: 12/9/2005 Description Account Number ROADSIDE,GRNDS,REC, PARK 401-7180-533.48-10 Ordinanees-3215,16, 17, 18 401-7180-533.44-10 REFUND COLLECTION AGENCY 401-7180-343.30-20 SHIPPING AND HANDLING 401-7180-533.31-01 OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 COPYING MACHINE SUPPLIES 401-7180-533.31-01 ENVIRONMENTAL&ECOLOGICAL 401-7180-533.48-10 11-19 ale 27025123900001 401-7180-533.42-10 11-19 ale 37025112500001 401-7180-533.42-10 11-15 ale 56453528700001 401-7180-533.42-10 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 AUTO & TRUCK MAINT.ITEMS 401-7180-533.35-01 HAND TOOLS ,POW&NON POWEF401-7180-533.35-01 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10 Electric Operations Division Total: Public Works-Electric Department Total: Electric Utility Fund Fund Total: ELECTRICAL EQUIP & SUPPLY 402-0000-237.00-00 Division Total: Department Total: ABPA Regional-Becker 402-7380-534.43-10 SUPPLIES 402-7380-534.48-10 INET Dee-Water 402-7380-534.42-12 DRUGS,PHARM & BIOLOGICALS 402-7380-534.49-01 January Maintenance 402-7380-534.42-10 TESTING&CALlBRATION SERVI 402-7380-534.48-10 ENVIRONMENT AL&ECOLOGICAL 402-7380-534.48-10 FEDERAL EXPRESS CORP October Shipping chgs 402-7380-534.42-10 HDRlEES INC WATERIWASTEWATER RATE STL402-7380-534.41-50 OLYMPIC LAUNDRY & DRY CLEANERS--lAUNDRY/DRY-CbEANING SERV-402-7-380-534.34-02 POPPLETON ELECTRIC & MACHINERY IN,SUPPLlES 402-7380-534.31-20 SUPPLIES 402-7380-534.31-20 REFUND COLLECTION AGENCY 402-7380-343.50-16 11-22 Crown Z Water Rd 402-7380-534.47-10 11-10 ale 360Z100240955B 402-7380-534.42-10 11-23 ale 206T 411255315B 402-7380-534.42-10 BRICKS & CLAY PRODUCTS 402-7380-534.48-10 ELECTRICAL EQUIP & SUPPLY 402-7380-534.34-02 TESTING&CALlBRATION SERVI 402-7380-534.48-10 11-15 ale 26421490800002 402-7380-534.42-10 11-15 ale 26421490800~~ 402-7380-534.42-10 QUILL CORPORATION TRANS-CYCLE INDUSTRIES INC VERIZON WIRELESS WAGNER-SMITH EQUIPMENT CO WESCO DISTRIBUTION INC Public Works-Electric . TURNER CO, C A ADVANCED TRAVEL BECKWITH & KUFFEL CAPACITY PROVISIONING INC CLALLAM CNTY DEPT OF HEALTH CONTINUANT INC EDGE ANALYTICAL PROF COLLECTION AGENCIES INC PUD #1 OF CLALLAM COUNTY QWEST SHOTWELL CORP, JONATHAN . TURNER CO, C A TWISS ANALYTICAL LABORATORIES VERIZON WIRELESS Invoice Amount 1,732.80 12.35 195.73 88.77 5.52 165.11 1,430.00 59.68 59.88 36.51 407.96 100.11 36.02 223.04 282.88 $12,520.26 $25,877 .01 $65,663.09 -12.95 -$12.95 -$12.95 534.45 2,672.70 356.82 130.00 7.19 38.00 221.00 8.22 1,652.13 29.24 57.71 43.48 48.94 11.03 331.64 64.21 43.32 168.90 125.00 36.56 34.97 Page 11 City of Port Angeles City Council Expenditure Report From: 11/26/2005 To: 12/9/2005 Date: 12/14/2005 Invoice Amount $6,615.51 $6,615.51 $6,602.56 211.17 654.18 14.37 438.19 75.70 816.00 1,652.13 1,281.89 314.04 2,091.99 2,618.11 31.66 28.00 39.07 633.63 3.796.59 97.87 112.91 150.72 38.66 60.75 19.88 12.66 12.32 28.50 30.00 30.00 30.00 30.00 30.00 30.00 30.00 115,265.83 14.542.22 $145,249.04 $145,249.04 $145,249.04 187.00 35.93 . FARE COLLECTION EQUIP&SUP 403-7480-535.31-20 INET Dec-Water/WW 403-7480-535.42-12 January Maintenance 403-7480-535.42-10 FURNITURE, OFFICE 403-7480-535.31-01 PLUMBING EQUIP FIXT,SUPP 403-7480-535.31-20 MATERIAL HNDLlNG&STOR EQP 403-7480-535.35-01 WATERIWASTEWATER RATE STL403-7480-535.41-50 SUPPLIES 403-7480-535.35-01 PUMPS & ACCESSORIES 403-7480-535.31-20 HOSES, ALL KINDS 403-7480-535.35-01 WATER SEWAGE TREATMENT EC403-7480-535.35-01 11-29 a/c 03622727 403-7480-535.42-10 TESTING APPINOT ELECTRIC 403-7480-535.41-50 11-26AfC 975491337 403-7480-535.42-10 ROADSIDE,GRNDS.REC. PARK 403-7480-535.41-50 POWER TRANSMISSION EQUIPM 403-7480-535.31-20 REFUND COLLECTION AGENCY 403-7480-343.50-16 SUPPLIES 403-7480-535.31-01 CLOTHING ACCESSORIES(SEE 403-7480-535.31-20 11-20 alc 206T819363533B 403-7480-535.42-10 PLUMBING EQUIP FIXT.SUPP 403-7480-535.31-20 PLUMBING EQUIP FIXT,SUPP 403-7480-535.31-20 OFFICE SUPPLIES. GENERAL 403-7480-535.31-20 11-15 a/c36469358100001 403-7480-535.42-10 11-15 a/c 76423363300001 403-7480-535.42-10 WA STATE DEPARTMENT OF ECOLOGY CERT. RENEWAL WWTPO 403-7480-535.49-01 FIELD PURCHASE O~pER 403-7480-535.~9-01 FIELD PURCHASE ORDER 403-7480-535.49-01 FIELD PURCHASE ORDER 403-7480-535.49-01 FIELD PURCHASE ORDER 403-7480-535.49-01 FIELD PURCHASE ORDER 403-7480-535.49-01 FIELD PURCHASE ORDER 403-7480-535.49-01 SRF91001 403-7480-591.71-10 SRF91001 403-7480-592.81-10 Wastewater Division Total: Public Works-WW/Stormwtr Department Total: Wastewater Fund Fund Total: INET Dec-SW Corp Yd 404-7580-537.42-12 January Maintenance 404-7580-537.42-10 24 Vendor Public Works-Water BEST ACCESS SYSTEMS CAPACITY PROVISIONING INC CONTINUANT INC GRAINGER HDRlEES INC HUGHES SUPPLY INC JULIAN & SON INC, JOHN KMP SALES METROCALL MIDWEST LABORATORIES INC NEXTEL COMMUNICATIONS PARSINEN LANDSCAPE MAINT INC POWER QUALITY EQUIPMENT INC PROF COLLECTION AGENCIES INC PUGET SAFETY EQUIPMENT INC QWEST THURMAN SUPPLY VERIZON WIRELESS Public Works-WW/Stormwtr CAPACITY PROVISIONING INC CONTINUANT INC Description Account Number Division Total: Department Total: Fund Total: . . Water Public Works-Water Water Fund Page 12 ~i~f!<<~t """;:"'~:_: ~t'~;;,- 't;f~,;;,~:';-;~~i~~r::;Ft~(ljr~':~:f~";"~ . Vendor PENINSULA DAILY NEWS PROF COLLECTION AGENCIES INC TOTERINC Citji,of Port Angeles City CounCiliExpenditure Report .From: 11/26/2005 To: 12/9/2005 Date: 12/14/2005 WA STATE RECYCLING ASSOCIATION WASTE MANAGEMENT Public Works-Solid Waste ADVANCED TRAVEL AIRPORT QUARRY ANALYTICAL RESOURCES INC CAPACITY PROVISIONING INC FEDERAL EXPRESS CORP NORTHWEST BUSINESS FINANCE LLC . PARSINEN LANDSCAPE MAl NT INC QWEST RADIO PACIFIC INC TAYLOR-SPARKS REFRIGERATION INC THURMAN SUPPLY UNITEC CORPORATION Public Works-Solid Waste ADVANCED TRAVEL CARDIAC SCIENCE INC CLALLAM CNTY DEPT OF HEALTH CLALLAM CNTY EMS CONTINUANT INC EMSAR OF WASHINGTON FIRST LINE LLC .L1FE ASSIST Daniel Montana John Hall Description Account Number Ordinances-3215, 16, 17,18 404-7580-537.44-10 REFUND COLLECTION AGENCY 404-7580-343.70-20 HARDWARE,AND ALLIED ITEMS 404-7580-537.48-10 EQUIP. MAl NT. AUTO,TRUCK 404-7580-537.48-10 EDUCATIONAL SERVICES 404-7580-537.49-01 MISCELLANEOUS SERVICES 404-7580-537.41-50 Solid Waste-Collections Division Total: Public Works-Solid Waste Department Total: Solid Waste-Collections Fund Total: Brochure Designing-HF 405-7585-537.43-10 ROAD/HWY MAT NONASPHAL TIC 405-7585-537.31-20 MISC PROFESSIONAL SERVICE 405-7585-537.41-50 MISC PROFESSIONAL SERVICE 405-7585-537.41-50 INET Dec-SW LF 405-7585-537.42-12 October Shipping chgs 405-7585-537.42-10 ENVIRONMENT AL&ECOLOGICAL 405-7585-537.48-10 ENVIRONMENT AL&ECOLOGICAL 405-7585-537.48-10 ENVIRONMENT AL&ECOLOGICAL 405-7585-537.48-10 ENVIRONMENT AL&ECOLOGICAL 405-7585-537.48-10 ROADSIDE,GRNDS,REC, PARK 405-7585-537.48-10 11-02 a/c 3604175035758B 405-7585-537.42-10 11-05 a/c 3604522245145B 405-7585-537.42-1 0 11-05 a/c 36045281 00532B 405-7585-537.42-10 COMMUNICATIONS/MEDIA ~ERV 405-7585-537.44-10 ENVIRONMENT AL&ECOLOGICAL 405-7585-537.48-10 HAND TOOLS ,POW&NON POWEF405-7585-537.31-20 ELECTRICAL EQUIP & SUPPLY 405-7585-537.31-20 EQUIP MAINT & REPAIR SERV 405-7585-537.48-10 Solid Waste-Landfill Division Total: Public Works-Solid Waste Department Total: Solid Waste-Landfill Fund Total: EMS Conf-Karjalainen 409-6025-526.43-10 DEFIB ASSY 409;.f3025-526.31-01 FLU SHOT 409;.f3025-526.41-50 Medic 1 Advisory-December 409-6025-526.41-50 January Maintenance 409-6025-526.42-10 MAINTENANCE ON STRETCHERS 409;.f3025-526.48-10 HOSP SURG ACCES & SUNDRIS 409-6025-526.31-13 CPR FACE SHIELDS 409-6025-526.31-08 REIMBURSE CLOTHING ALLOWA 409;.f3025-526.20-80 PARAMEDIC PATCHES 409-6025-526.20-80 REIMB CLOTHING AL~ANCE 409-6025-526.20-80 Invoice Amount 12.35 107.66 3,213.73 347.13 125.00 44,601.92 $48,630.72 $48,630.72 $48,630.72 17.50 1,436.06 3,629.00 130.00 187.00 7.73 1,106.50 1,323.20 1,569.60 1,205.50 652.06 77.09 37.23 37.19 477.00 2,054.45 75.18 16.73 365.57 $14,404.59 $14,404.59 $14,404.59 460.68 69.31 20.00 600.00 7.19 533.43 119.13 134.91 16.25 45.00 260.62 Page 13 Date: 12/14/2005 City of Port Angeles City Council Expenditure Report From: 11/26/2005 To: 12/9/2005 Vendor Description Account Number Invoice Amount . MOROZ, JAMES FIRST AID CLASS 11/14 409-6025-526.31-08 200.00 FIRST AID CLASS 11/28-30 409-6025-526.31-08 200.00 FIRST AID CLASS 12/3 409-6025-526.31-08 200.00 OLYMPIC MEDICAL CENTER HOSP SURG ACCES & SUNDRIS 409-6025-526.31-13 20.40 PENINSULA DAILY NEWS Ordinanees-3215, 16, 17, 18 409-6025-526.44-10 24.70 PROF COLLECTION AGENCIES INC REFUND COLLECTION AGENCY 409-6025-362.90-00 39.15 SYSTEMS DESIGN NW INC FINANCIAL SERVICES 409-6025-526.41-50 2,511.58 VERIZON WIRELESS 11-15 ale 26439572400001 409-6025-526.42-10 9.99 Fire Department Medic I Division Total: $5,472.34 Fire Department Department Total: $5,472.34 Medic I Utility Fund Total: $5,472.34 C & F INSULATION CITY REBATE-FRICHETTE 421-7121-533.49-86 750.00 CITY REBA TE-HOCHHAL TER 421-7121-533.49-86 1,143.00 EVERWARM HEARTH & HOME INC CITY REBATE-CHENEY 421-7121-533.49-86 792.60 CITY REBATE-GRAF 421-7121-533.49-86 1,209.85 CITY REBATE-ROGERS 421-7121-533.49-86 606.66 CITY REBATE-PONE 421-7121-533.49-86 718.17 CITY REBATE-ANDERSEN 421-7121-533.49-86 1,159.00 GLASS SERVICES CO INC CITY REBATE-KOPSENG 421-7121-533.49-86 141.75 . CITY REBATE-VOLKMAN 421-7121-533.49-86 1,010.35 CITY REBATE-ALWINE 421-7121-533.49-86 114.42 MATHEWS GLASS CO INC CITY REBATE-HEYER 421-7121-533.49-86 627.17 CITY REBATE-SELLERS 421-7121-533.49-86 430.50 CITY REBATE-HIRTZEL 421-7121-533.49-86 378.00 CITY REBATE-PETTIGREW 421-7121-533.49-86 105.00 CITY REBATE-BLOOD 421-7121-533.49-86 1,085.77 CITY REBATE-SEAT 421-7121-533.49-86 761.25 CITY REBATE-MAHLUM 421-7121-533.49-86 168.00 CITY REBATE-MONTAGNE 421-7121-533.49-86 317.14 CITY REBATE-STOCKARD 421-7121-533.49-86 119.00 ~-_._----- ---,- ----- Diane Thompson CITY REBATE 421-7121-533.49-86 50.00 Gary Larsen CITY REBATE 421-7121-533.49-86 138.00 George KNEPPER CITY REBATE 421-7121-533.49-86 25.00 Kenneth Bennett CITY REBATE 421-7121-533.49-86 50.00 Kevin Hendricks CITY REBATE 421-7121-533.49-86 30.26 Mathew Beirne CITY REBATE 421-7121-533.49-86 25.00 Pam Bradshaw CITY REBATE 421-7121-533.49-86 25.00 Steve Johnson CITY REBATE 421-7121-533.49-86 175.00 CITY REBATE 421-7121-533.49-86 25.00 . CITY REBATE 421-7121-533.49-86 25.00 Suzanne Myers CITY REBATE 421-7121-533.49-86 100.00 Thomas Keegan CITY REBATE 421-7121-533.49-86 25.00 26 Page 14 !::WJ(;'. .-" "'~"".;>-';::l,;,,"~::~V{i,Yt(;,;~ft,l:: City of Port Angeles City Council'Expenditure Report Date: 12/14/2005 ,From: 11/26/2005, To: 12/9/2005 .vendor Description Account Number Invoice Amount Public Works-Electric Conservation Loans Division Total: $12,330.89 Public Works-Electric Department Total: $12,330.89 Conservation Loans/Grants Fund Total: $12,330.89 FEDERAL EXPRESS CORP October Shipping chgs 453-7488-594.42-10 7.79 LARRY'S EXCAVATION CROWN PARK EXCAVATING 453-7488-594.65-10 1,942.90 Public Works-WW/Stormwtr Wastewater Projects Division Total: $1,950.69 Public Works-WW/Stormwtr Department Total: $1,950.69 WasteWater Utility CIP Fund Total: $1,950.69 IBS INCORPORATED AUTO & TRUCK MAl NT. ITEMS 501-0000-141.40-00 77.28 MCMASTER-CARR SUPPLY CO AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 22.32 AUTO & TRUCK MAINT. ITEMS 501-0000-237.00-00 -1.71 AUTO & TRUCK MAl NT. ITEMS 501-0000-237.00-00 -6.32 NORTHERN TOOL & EQUIPMENT CO Wheelwell box 501-0000-237.00-00 -17.64 PETTIT OIL COMPANY Diesel 501-0000-141.20-00 4,269.30 Diesel 501-0000-141.20-00 3,813.98 Diesel 501-0000-141.20-00 633.13 Gasoline 501-0000-141.20-00 13,388.67 ROLLINS MACHINERY L TO AUTO & TRUCK MAl NT. ITEMS 501-0000-237.00-00 -4.00 . AUTO & TRUCK MAl NT. ITEMS 501-0000-237.00-00 -12.91 AUTO & TRUCK MAl NT. ITEMS 501-0000-237.00-00 -131.29 WASHINGTON FIRE & SAFETY EQUIP AUTO & TRUCK ACCESSORIES 501-0000-141.40-00 415.87 Division Total: $22,446.68 Department Total: $22,446.68 CAPACITY PROVISIONING INC INET Dec-Eq SVC5 501-7630-548.42-12 41.00 CONTINUANT INC January Maintenance 501-7630-548.42-10 7.19 COpy CAT GRAPHICS EXTERNAL LABOR SERVICES 501-7630-548.34-02 557.75 EVERGREEN COLLISION CENTER AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 153.60 EXTERNAL LABOR SERVICES 501-7630-548.34-02 33.36 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 225.05 AUTO & TRUCK MAl NT. ITEMS 501-7630-548;34-02 135.38 EXTERNAL LABOR SERVICES 501-7630-548.48-1 0 725.72 EXTERNAL LABOR SERVICES 501-7630-548.48-10 473.27 H & R PARTS & EQUIPMENT INC AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 164.56 IBS INCORPORATED SHIPPING AND HANDLING 501-7630-548.49-90 9.36 LARSON GLASS TECHNOLOGY INC AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 119.13 MCMASTER-CARR SUPPLY CO AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 82.41 MOTOR TRUCKS INC AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 119.65 SHIPPING AND HANDLING 501-7630-548.34-02 49.68 . N C MACHINERY CO AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 996.01 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 72.27 SHIPPING AND HANDLING 501-7630-548.34-02 73.01 AUTO & TRUCK MAIN2fEMS 501-7630-548.34-02 54.20 Page 15 City of Port Angeles Date: 12/14/2005 City Council Expenditure Report From: 11/26/2005 To: 12/9/2005 Vendor Description Account Number Invoice Amount . N C MACHINERY CO... AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 982.55 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 38.12 NELSON TRUCK EQUIPMENT CO INC AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 377.67 NEXTEL COMMUNICATIONS 11-26 NC 975491337 501-7630-548.42-10 39.07 NORTHERN TOOL & EQUIPMENT CO Wheelwell box 501-7630-548.31-01 230.08 PERRY'S TIRE FACTORY AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-10 1,023.48 PETTIT OIL COMPANY Nov Cardlock EQOOO9 501-7630-548.32-10 84.64 Nov Cardlock EQOO18 501-7630-548.32-10 35.82 Nov Cardlock EQOO27 501-7630-548.32-10 29.97 Nov Card lock EQOO28 501-7630-548.32-10 33.71 Nov Card lock EQOO29 501-7630-548.32-10 55.81 Nov Cardlock EQOO30 501-7630-548.32-10 42.96 Nov Cardlock EQOO34 501-7630-548.32-10 245.00 Nov Cardlock EQOO35 501-7630-548.32-10 45.95 Nov Card lock EQOO36 501-7630-548.32-10 219.90 Nov Card lock EQOO40 501-7630-548.32-10 25.37 Nov Cardlock EQOO41 501-7630-548.32-10 150.07 Nov Cardlock EQOO42 501-7630-548.32-10 18.67 Nov Card lock EQOO43 501-7630-548.32-10 175.33 . Nov Card lock EQOO44 501-7630-548.32-10 139.63 Nov Cardlock EQOO45 501-7630-548.32-10 149.43 Nov Card lock EQOO46 501-7630-548.32-10 101.47 Nov Cardlock EQOO47 501-7630-548.32-10 23.55 Nov Cardlock EQOO53 501-7630-548.32-10 217.79 Nov Card lock EQ0054 501-7630-548.32-10 87.09 Nov Cardlock EQOO65 501-7630-548.32-10 70.59 Nov Cardlock EQOO87 501-7630-548.32-10 180.34 Nov Cardlock EQOO88 501-7630-548.32-10 161.90 Nov Cardlock EQOO95 501-7630-548.32-10 96.75 Nov Card lock EQ0139 501-7630-548.32-10 109.24 Nov Card lock EQ0153 501-7630~548.32-:'1 0 -lf1.16 Nov Cardlock EQ4102 501-7630-548.32-10 237.82 Nov Cardlock EQ4103 501-7630-548.32-10 132.65 Nov Card lock EQ4104 501-7630-548.32-10 143.28 Nov Cardlock EQ4105 501-7630-548.32-10 209.63 Nov Cardlock EQ4200 501-7630-548.32-10 76.21 Nov Cardlock EQ4201 501-7630-548.32-10 108.06 Nov Cardlock EQ5426 501-7630-548.32-10 15.93 Nov Cardlock EQ4101 501-7630-548.32-10 238.56 Nov Cardlock EQ0048 501-7630-548.32-10 177.87 . Nov Card lock EQ5106 501-7630-548.32-10 177.97 Nov Cardlock EQ5107 501-7630-548.32-10 285.16 28 Page 16 ~. ::~~'fj~:~ ,,'- f : ("'1 W~;~~\'~:~'~l~-J~;v~~:r' City (jf Port Angeles City Council Expenditure Report From: 11/26/2005 To: 12/9/2005 Date: 12/14/2005. . Vendor PETTIT OIL COMPANY... ROLLINS MACHINERY L TO SCHETKY NORTHWEST SALES INC SIMPSON'S USED PARTS & TOWING TEREX UTILITIES WEST UNITED PARCEL SERVICE . ZEP MANUFACTURING COMPANY Public Works-Equip Svcs ELEMENT K JOURNALS ADVANCED TRAVEL ANGELES COMMUNICATIONS INC CAPACITY PROVISIONING INC CONTINUANT INC CROWN MOVING CO INC ELEMENT K JOURNALS IBM CORPORATION .S NETCOM CORPORATION Finance Department Description Nov Cardlock EQ0007 Nov Cardlock EQ0155 Nov Cardlock EQ0164 Account Number 501-7630-548.32-11 501-7630-548.32-11 501-7630-548.32-11 501-7630-548.32-20 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.31-01 Division Total: Department Total: Fund Total: 502-0000-237.00-00 Division Total: Department Total: Advanced Novell-Brooks 502-2081-518.43-10 INSTALL PATCI-lPANEL HINGE. 502-208~~518.41 50 LINE ADDITIONS IN IT/METE 502-2081-518.41-50 UPGRADE/PROGRAM NEW CPI F 502-2081-518.41-50 CUSTOM MADE PATCH CORDS/M 502-2081-518.41-50 INET Dee-Internet Access 502-2081-518.42-10 January Maintenance 502-2081-518.42-10 DELIVERY CHG-EQUIP RACKS 502-2081-518.41-50 LIBRARY SERVICES(EXCL 908 502-2081-518.31-02 COMPUTER HARDWARE&PERIPH 502-2081-518.31-60 MANAGEMENT SERVICES 502-2081-518.48-02 Information Technologies Division Total: Finance Department Department Total: 29 Invoice Amount 124.68 67.60 101.55 231.37 52.10 168.37 1,713.07 41.50 108.30 989.40 178.31 106.63 14.53 75.65 75.38 50.04 652.15 110.43 652.15 99.55 288.73 299.61 128.57 $17,458.52 $17,458.52 $39,905.20 -7.23 -$7.23 -$7.23 181.56 ---4-94-;96 972.26 1,321.25 282.47 500.00 21.56 273.74 94.23 909.72 723.44 $5,472.19 $5,472.19 AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAl NT. ITEMS EXTERNAL LABOR SERVICES AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAINT. ITEMS EXTERNAL LABOR SERVICES SHIPPING AND HANDLING VALLEY FREIGHTLlNER INC AUTO & TRUCK MAINT. ITEMS WILDER TOYOTA INC AUTO & TRUCK MAINT. ITEMS WINGFOOT COMMERCIAL TIRE SYSTEM~ EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS EXTERNAL'LABOR SERVICES AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAl NT. ITEMS AUTO & TRUCK MAINT. ITEMS Equipment Services Public Works-Equip Svcs Equipment Services LIBRARY SERVICES(EXCL 908 Page 17 ~,l 'i;:-:;;:;; ,--:,"~''''5.;__.~J} . Vendor HEAL THCARE MGMT ADMNSTRS INC... City of Port Angeles City CounCil Expenditure Report From: 11/26/2005 To: 12/9/2005 c;' ,,": -~ Date: 12/14/2005 Self Insurance DEPT OF LABOR & INDUSTRIES Self Insurance Bushwhacker Restaurant I Jean Hanify Michelle Simmons Self Insurance AWC EMPLOYEE BENEFITS TRUST BRAUN,GARY CAMPBELL, MALCOLM D EVANS, SIDNEY RYAN, ED . Fireman's Pension ADVANCED TRAVEL CED/CONSOLlDA TED ELEC DIST INC CONTINUANT INC QWEST RICOH CORPORATION-COPIES WASHINGTON MUSEUM ASSOCIATION WASHINGTON STATE ARTS ALLIANCE Esther Webster/Fine Arts Description 11-29 Dental claims EFT 12-06 Dental claims EFT Medical Benefits L&I 3RD aTR REPORT Worker's Compensation INHOUSE CLAIM SETTLEMENT INHOUSE CLAIM SETTLEMENT PARTIAL CLAIM SETTLEMENT Comp Liability Self Insurance Self-Insurance Fund FIREMEN PENSION PREMIUM Reimburse Medicare B Disability Board-Nov Reimburse Medicare B Reimburse Medicare B Disability Board-Nov Reimburse Medicare B Fireman's Pension Fireman's Pension Firemen's Pension Deliver Artwork-Seniuk Electrical parts Electrical parts January Maintenance 11-14 ale 3604573532775B 11-23 ale 206T 418577331 B NOV COPIES Institutional 2006 2005-2006 Dues Esther Webster/Fine ArtS Es~erWebsredFmeArts Esther Webster Fund P/R Deductions pe 12-04 P/R Deductions pe 12-04 ASSOCIATION OF WASHINGTON CITIES DEC SUPP LIFE AFSCME LOCAL 1619 CHAPTER 13 TRUSTEE DIMARTINOIWSCFF DISABILITY . FIREFIGHTER'S LOCAL 656 IBEW LOCAL 997 LEOFF P/R Deductions pe 12-04 P/R Deductions pe 12-04 P/R Deductionspe 12-04 P/R Deductions pe 12-04 P/R Deductions pe 11-20 P/R Deductions pe 11-~ 1 Account Number 503-1637-517.46-01 503-1637 -517.46-01 Division Total: 503-1661-517.49-50 Division Total: 503-1671-517.49-98 503-1671-517.49-98 503-1671-517.49-98 Division Total: Department Total: Fund Total: 602-6221-517.46-35 602-6221-517.46-35 602-6221-517.46-35 602-6221-517.46-35 602-6221-517.46-35 602-6221-517.46-35 602-6221-517.46-35 Division Total: Department Total: Fund Total: 652-8630-575.43-10 652-8630-575.31-20 652-8630-575.31-20 652-8630-575.42-10 652-8630-575.42-10 652-8630-575.42-10 652-8630-575.49-60 652-8630-575.49-01 652-8630-575.49-01 ---Divisioii7otal: Department Total: Fund Total: 920-0000-231.54-40 920-0000-231.54-40 920-0000-231.53-30 920-0000-231.56-30 920-0000-231.53-40 920-0000-231.54-30 920~0000-231.54-20 920-0000-231.51-20 920-0000-231.51-21 Invoice Amount 493.70 1,387.00 $3,560.70 35,604.24 $35,604.24 1,827.75 55.00 6,219.58 $8,102.33 $252,845.64 $252,845.64 6,521.90 78.20 49.00 75.20 77.20 43.00 66.20 $6,910.70 $6,910.70 $6,910.70 113.50 110.02 131.70 7.19 39.32 57.40 16.97 30.00 120.00 "$626.10 $626.10 $626.10 88.00 176.00 472.60 628.00 890.76 1,460.00 632.70 6.56 14,845.23 Page 19 City of Port Angeles City Council Expenditure Report From: 11/26/2005 To: 12/9/2005 Date: 12/14/2005 . Vendor OFFICE OF SUPPORT ENFORCEMENT PERS POLICE ASSOCIATION UNITED WAY (PAYROLL) WSCCCE AFSCME AFL-CIO Totals for check period Description P/R Deductions pe 12-04 P/R Deductions pe 12-04 P/R Deductions pe 11-20 P/R Deductions pe 11-20 P/R Deductions pe 11-20 P/R Deductions pe 12-04 P/R Deductions pe 12-04 P/R Deductions pe 12-04 Account Number 920-0000-231.56-20 920-0000-231.56-20 920-0000-231.51-10 920~0000-231.51-11 920-0000-231.51-12 920-0000-231.55-10 920-0000-231.56-10 920-0000-231.54-40 Division Total: Department Total: Fund Total: Invoice Amount 169.85 1,455.68 2,406.29 4,727.78 11,993.72 232.00 213.50 3,512.82 $43,911.49 $43,911.49 $43,911.49 $2,193,516.12 . . Payroll Clearing From: 11/26/200STo: 12/9/2005 32 Page 20 . . Fund 401 12-02-05 401 12-02-05 . Finance Department Electronic Payments November 26 - December 09, 2005 Energy NW Power Bill - October Energy NW Transmission - August Total 33 1,220,674.00 170,417.00 1,391,091.00 . . . 34 . . . DATE: To: FROM: SUBJECT: Fro.. R' J....');.. . NmG.......E.....L.... Em'..SF" J) ( .:"; ,) ']' ,f-- 1 1 { ".:'" (I ;... i' :, '_ ; ..../i. .i, , .f ::, ~.',', -, , . "_,,.0< - ",',," l : v J ~. ... ... ... . r=.. ~ .... .... .. .. _.. .~ WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DECEMBER 20, 2005 CITY COUNCIL SUE ROBERDS, PLANNING MANAGER Acceptance of Growth Management Services Grant Funds Summary: Review and acceptance of Growth Management grant funding to develop low impact development standards and design criteria. A second element of the work product will be to incorporate a Parks and Recreation Element in the City's Comprehensive Plan. Recommendation: Council should approve acceptance of a $35,000 grant from the State De artment 0 Communi , Trade, and Economic Develo ment Back{!round / Analysis: In September, 2005, the City applied for a grant to further study low impact development standards and to augment the City's Comprehensive Plan with a required Parks and Recreation Element that has not as yet been adopted. A grant in the amount of$35,000 has been awarded to the City as a result of that application process. The contract information is contained for your information complete with a work timeline. No action is necessary at this time other than for Council to authorize staff to complete the contract process and submit the initial invoicing. Attachment: Contract 35 " . . . 36 CTED Contract Face Sheet Contract Number: C06-63200-263 .- 8/10/2005 Washington State Department of Community, Trade and Economic Development . Local Government Division Growth Management Services 1. Contractor City ofPort Angeles Post Office Box 1150 Port Angeles, Washington 98362-0217 2. Contractor Doing Business As (optional) 3, Contractor Representative Name: Nathan West Phone: (360) 417-4751 Fax: (360) 417-4711 e-mail: nwest@cityofpa.us 4. CTED Representative Name: Doug Peters Phone: (360) 725-3046 Fax: e-mail: douglasp@cted.wa.gov 5. Contract Amount 6. Funding Source 7. Start Date $35,000 Federal: 0 State: US] Other: 0 N/A: 0 12/0112005 9. Federal Funds (as applicable) Federal A2encv CFDA Number: NM NM 11. SWV # 12. UBI # 8. End Date 06/30/2007 10. Tax ID # 91-6001266 13. DUNS # 14. Contract Purpose evelop low-impact development standards and design criteria. The second project will incorporate a Parks and creation Element in the comprehensive plan. The DEPARTMENT and CONTRACTOR acknowledge and accept the terms of this CONTRACT and attachments and have executed this CONTRACT on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this CONTRACT are governed by this CONTRACT and following other documents incorporated by referenQe: CONTRACT Terms and Conditions including Attachment "A" Work Plan, and Attachment "B" Budget. FOR THE CONTRACTOR FOR THE DEPARTMENT xM- 7/J Nancy K. Ousley Assistant Director ^( '" .+h PI~, ~) e s+ Name (please print) Pri 1\ ( ; .l1,) ?\ 61.\0 1/\ ~ r Title F /2../;1/ Dr Date I ( Date APPROVED AS TO FORM ONLY Signature on file Melissa Burke-Cain Assistant Attorney General October 20. 2003 Date 37 Page 1 of 11 259 CONTRACT NO. C06-63200-263 CONTRACT TERMS & CONDITIONS SECTION 1 - PREAMBLE This CONTRACT, entered into by City of Port Angeles (hereinafter referred to as the GRANTEE), and the Department. Community, Trade and Economic Development (hereinafter referred to as the DEPARTMENT), WITNESSES THAT: WHEREAS, the DEPARTMENT has the responsibility under RCW 43.330.050(5) to provide financial and technical assistance to the communities of the state, to assist in improving the delivery of federal, state, and local programs; and to provide communities with opportunities for productive and coordinated development beneficial to the well-being of communities and their residents; and WHEREAS, the DEPARTMENT has the statutory authority under RCW 43.330.120 to offer technical and financial assistance to cities and counties planning under the Growth Management Act; and WHEREAS, the DEPARTMENT has selected the GRANTEE to receive funds and the GRANTEE shall use the funds to undertake a project which furthers the goals and objectives of the DEPARTMENT's Growth Management Services Unit in accordance with its mission. THEREFORE, the parties mutually agree to the following terms and conditions: SECTION 2 - WORK PLAN Over the course of the CONTRACT period, the GRANTEE shall accomplish the activities described in Attachment "A": Work Plan that is incorporated into the CONTRACT by reference. SECTION 3 - FUNDING The total funds to be reimbursed to the GRANTEE for costs incurred during the CONTRACT period shall be a sum not to exceed $35,000. .. SECTION 4 - BUDGET An approved budget by category of expenditure is included as Attachment "B" of this CONTRACT that is incorporated into the CONTRACT by reference. The total amount of transfers of funds between line item budget categories shall be as specified in Attachment "B." If the cumulative amount of these transfers exceeds or is expected to exceed the amount specified in Attachment "B," the total project budget shall be subject to justification and negotiation of a CONTRACT amendment by the GRANTEE and the DEPARTMENT. SECTION 5 - CONTRACT PERIOD A. The effective date of this CONTRACT shall be the date all parties sign and complete execution of the CONTRACT. This CONTRACT shall terminate on June 30, 2007, except for any remaining obligations of the GRANTEE as may exist under Section 7. B. Costs to be reimbursed by the DEPARTMENT under this CONTRACT are those eligible costs incurred during the performance of the CONTRACT work program on or after December 1,2005. . 38 Page 2 of 11 259 CONTRACT NO. C06-63200-263 SECTION 6 - REIMBURSEMENT PROVISIONS A.Funds will be disbursed per the schedule established in Attachment "B." . Only eligible project-related costs will be reimbursed. Ineligible costs include, but are not necessarily limited to: capital expenses, such as land acquisition or construction costs; purchase of machinery; hosting expenses, such as meals, lodging, or transportation incurred by persons other than staff and volunteers working directly on the project; lobbying or political influencing; and other costs which are not directly related to the project. C. Within twenty (20) days after receiving and approving the voucher, the DEPARTMENT shall remit to the GRANTEE a warrant covering the DEPARTMENT's share of the costs incurred for work performed. D. The final invoice voucher covering costs incurred for work performed on or before June 30,2007, must be submitted by the GRANTEE prior to July 10, 2007, to allow the DEP AR TMENT sufficient time to process it. Payment of the final voucher shall be contingent upon the DEPARTMENT's receipt and approval of any products or deliverables designated in Attachment "A." SECTION 7 - REPORTS A. The GRANTEE shall submit a brief progress report on a form approved by the DEP AR TMENT which describes the progress made on the work program outlined in Attachment "A." Progress reports will be submitted on a Semiannual calendar cycle. The Semiannual progress report shall also provide detail on the dedicated matching funds. B. The GRANTEE shall furnish, along with or prior to submitting the final invoice voucher, two copies of each final product designated in Attachment "A." TION 8 - ACKNOWLEDGMENT OF STATE FUNDING e GRANTEE shall provide all project-related press releases to the DEPARTMENT. Press releases shall identify the DEPARTMENT as a project financier. Publications such as reports and pamphlets which are developed totally or in part with funds provided under this CONTRACT shall give credit to the funding source by including the following: "Funds made available through the Washington State Department of Community, Trade and Economic Development." SECTION 9 - DOCUMENTATION. MONITORING. AND AUDIT During the CONTRACT period and following its termination, the GRANTEE shall follow accounting procedures and shall maintain books, records, documents, and other evidence which sufficiently and properly reflect all project specific costs expended in the performance ofthis CONTRACT. The Office of the State Auditor or any persons duly authorized by the DEPARTMENT shall have full access to and the right to inspect, excerpt, audit, or examine any of these materials at all reasonable times for a period of six years after termination ofthe CONTRACT. The DEPARTMENT may require a copy of the GRANTEE's most recent audit and management letter. The DEPARTMENT may require the GRANTEE to obtain an audit for specific expenditures under this CONTRACT. Costs of a required audit are an allowable expense. . 39 Page 3 of 11 259 CONTRACT NO. C06-63200-263 SECTION 10 - RECAPTURE PROVISIONS In the event that the GRANTEE fails to expend funds under this CONTRACT in accordance with state laws and/or the. provisions of this CONTRACT, the DEPARTMENT reserves the right to recapture state funds in an amount equivalent the extent ofthe noncompliance. Such right of recapture shall exist for a period not to exceed six years following CONTRACT termination. Repayment by the GRANTEE of funds under this recapture provision shall occur within 30 days of demand. In the event that the DEPARTMENT is required to institute legal proceedings to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including reasonable attorney's fees. SECTION 11 - CONTRACT AMENDMENTS A. The DEPARTMENT or the GRANTEE may request changes to the CONTRACT or its provisions. It is agreed and understood that no material or substantive alteration or variation of the terms ofthis CONTRACT shall be valid unless made in writing and signed by both parties. . Any oral understanding or agreements shall not be binding unless made in writing and signed by both parties. B. eONTRACT amendments shall not be made which result in an extension of the CONTRACT period beyond June 30. 2007. SECTION 12 - NONDISCRIMINATION CLAUSE During the performance of this CONTRACT, the GRANTEE shall comply with all federal and state nondiscrimination laws, including, butnot limited to chapter 49.60 RCW. Washington's Law Against Discrimination, and 42, U.S.C. 12101 et seq., the Americans with Disabilities Act (ADA). . In the event of the GRANTEE's noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this CONTRACT may be rescinded, canceled, or terminated in whole or in part, and the GRANTEE may be declared ineligible for further CONTRACTS with the DEPARTMENT. The GRANTEE shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with Section 20. SECTION 13 - TERMINATION OF CONTRACT A. If, through any cause, the GRANTEE shall fail to fulfill its obligations under this CONTRACT in a timely and proper manner; or if the GRANTEE shall violate any of its covenants, agreements, or stipulations; the DEPARTMENT shall have the right to terminate this CONTRACT. The DEPARTMENT may withhold the balance of state funding if such default or violation is not corrected within twenty (20) days after the DEPARTMENT submits written notice to the GRANTEE describing such default or violation. B. Notwithstanding any provisions of this CONTRACT, either party may terminate this CONTRACT by providing written nottce of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. C. Reimbursement for GRANTEE work performed, and not otherwise paid for by the DEPARTMENT prior to the effective date of such terminations, shall be as the DEPARTMENT reasonably determines. . 40 Page 4 of 11 259 CONTRACT NO. C06-63200-263 D. In the event funding from the state, federal, or other sources is withdrawn, reduced, or limited in any way after . the effective date of this CONTRACT and prior to normal completion, the DEPARTMENT may unilate~ally reduce the scope of work and budget or terminate this CONTRACT. SECTION 14 - GRANTEE NOT EMPLOYEE OF DEPARTMENT The GRANTEE, its employees, or agents performing under this CONTRACT are not deemed to be employees neither of the DEPARTMENT nor as agents of the DEPARTMENT in any manner whatsoever. The GRANTEE will not hold itself out as or claim to be an officer or employee ofthe DEPARTMENT or ofthe State of Washington andwill not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington. SECTION 15 - USE OF SUBCONTRACTS The GRANTEE may enter into subcontracts for any of the work contemplated under this CONTRACT without obtaining prior written approval of the DEPARTMENT. The GRANTEE shall follow local policies regarding procurement, or in absence of local policies, shall use a competitive procurement process. Each CONTRACT that the GRANTEE enters into with subcontractors, creditors and others shall contain a clause providing notice that the state and the DEPARTMENT are not responsible for any legal obligation, financial or otherwise, incurred by the GRANTEE. The DEPARTMENT reserves the right to monitor the subcontractor selection process and contractual documents either .ing or following the selection process. ~ GRANTEE is responsible for the performance of any subcontractors. The GRANTEE shall require all subcontractors to follow the same rules and regulations as describe,d in this document. All subcontractors must be monitored by the GRANTEE to ensure fiscal accountability. SECTION 16 - OWNERSHIP OF PROJECT MATERIALS All finished or unfinished documents, data, studies, surveys, drawings, models, photographs, films, duplicating plates, computer disks and reports prepared by the GRANTEE under this CONTRACT shall be works for hire under U.S. copyright law. The DEPARTMENT may dupiicate, use, and disclose in any manner and for any purpose whatsoever, aJ) materials prepared under this CONTRACT. The GRANTEE must have prior approval of the DEPARMENT to produce patents, copyrights, patent rights, inventions, original books, manuals, films, or other patentable or copyrightable materials, in whole or in part with funds received under this CONTRACT. The DEPARTMENT reserves the right to determine whether protection of inventions of discovery shall be disposed of and administered in order to protect the public interest. Before the GRANTEE copyrights any materials produced with funds under this CONTRACT, the DEPARTMENT reserves the right to negotiate a reasonable royalty fee and agreement. . 41 Page 5 of 11 259 CONTRACT NO. C06-63200-263 SECTION 17 - TRAVEL AND SUBSISTENCE REIMBURSEMENT Travel and subsistence reimbursement shalLbe made in accordance with the guidelines followed by the GRANTEE in. course of normal operations. In the absence of local provisions, per diem rates and travel allowances shall be paid in accordance with rates set for state employees pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or hereafter amended. SECTION 18 - SPECIAL PROVISION The DEPARTMENT's failure to insist upon the strict performance of any provision of this CONTRACT or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this CONTRACT. SECTION 19 - HOLD HARMLESS The GRANTEE agrees to defend, hold harmless, and indemnify the State of Washington and the DEPARTMENT, their officers, agents, employees, and assigns against any and all damages of claims from damages resulting or allegedly resulting from the GRANTEE's performance of activities under the terms of this CONTRACT. SECTION 20 - DISPUTE RESOLUTION Except as otherwise provided in this CONTRACT, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by the DEPARTMENT, a representative appointed by the GRANTEE, and a third party mutually agreed upon by both parties. The team shall attempt, by majority vote, to resolve the dispute. The parties agree that this dispute process shall precede any action in. judicial or quasi-judicial tribunal. SECTION 21 - GOVERNING LAW AND VENUE The CONTRACT shall be construed and enforced in accordance with, and the laws of the State of Washington hereof shall govern the validity and performance. Venue of any suit between the parties arising out ofthis CONTRACT shall be the Superior Court of Thurston County, Washington. SECTION 22 - APPLICABLE LA WS AND REGULATIONS TkGRANTBE..shalLc.QmpJy--.witb_aIls:.xisting applicable laws, ordinances, codes, regulations and policies of local, state, and federal governments, as now or hereafter amended. SECTION 23 - SEVERABILITY In the event any term or condition of this CONTRACT or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this CONTRACT which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this CONTRACT are declared severable. . 42 Page 6 of 11 259 CONTRACT NO. C06-63200-263 SECTION 24 - ENTIRE AGREEMENT .is contract, including referenced exhibits, represents all the terms and conditions agreed upon by the parties. No other C1erstandings or representations, oral or otherwise, regarding the subject matter ofthis contract shall be deemed to exist or to bind any of the parties hereto. The attachments to this agreement are as follows: A TTACHMENT A: "Work Plan," consisting of _2_ page(s); and ATTACHMENT B: "Budget," consisting of _1_ page(s). . . 43 Page 7 of 11 259 CONTRACT NO. C06-63200-263 ATTACHMENT A: WORK PLAN Grantee: ritv nfPnrt Anof'If'<: _UJ -- - --. - ...0---- . Summary: To develop guide including low-impact development standards and design criteria. The second project will incorporate a Parks and Recreation Element in the comprehensive plan. Estimated Completion Dates & Activities: Goals/ Description Start Date End Date Actions/ Deliverables Goal 1.0 Land Use Development Guide Action 1.1 Compile Public Input from 2004 Visioning 11/1/2005 1/1/2006 Action 1.2 Collect Input from Committees, Agencies and Staff 11/1/2005 1/1/2006 Action 1.3 Define Purpose and Intent of Guide 1/1/2006 2/1/2006 Deliverable 1.4 Guide Outline 1/1/2006 2/1/2006 Action 1.5 Gather Pictures and Examples on Good vs Bad Practices 2/1/2006 6/1/2006 Action 1.6 Draft Renditions of Good Practices 2/1/2006 6/1/2006 Deliverable 1.7 Draft Guide 6/1/2006 9/1/2006 Action 1.8 Guide reviewed by supporting agencies and engineers 9/1/2006 10/1/2006 Action 1.9 Submit DraftJo Planning C;:ommission (with Public 10/1/2006 11/1/2006 Hearing) Deliverable 2.0 Submit Draft to City Council 12/1/2006 12/15/2006 Deliverable 2.1 Draft Incentives to be implemented 1/1/2007 1/15/2007 Action 2.2 Submit Final Gudie to Planning Commission 2/1/2007 3/1/2007 Recommendation of Approval as City Policy Action 2.3 Submit Final Guide to City Council for Approval as 2/1/2007 3/1/2007 __City~liQY. -- .. -- --.-- -- Deliverable 2.4 Publish Final Guide 3/1/2007 4/1/2007 Deliverable 2.5 Post Development Guide on City Website 3/1/2007 4/1/2007 Goal 2.0 Parks and Recreation Plan Action 2.1 Identify existing Parks and Recreation Components in 7/1/2006 7/1/2006 the comprehensive plan Action 2.2 Review Public Input from the creation of the Public 8/1/2006 8/1/2006 Works Department's Park and Recreation Plan Action 2.3 Review Public Works Department's Park and Recreation 8/1/2006 8/1/2006 Plan Action 2.4 Create an excerpt of tho sse components relevant to the 9/1/2006 9/1/2006 comprehensive plan 44 . . Page 8 of 11 259 CONTRACT NO. C06-63200-263 Goals/ Description Start Date End Date. Actions! Deliverables Deliverable 2.5 Complete Outline of Parks and Recreation Element 9/1/2006 10/1/2006 Action 2.6 Define Action Statements for Implementation of the 11/1/2006 12/1/2006 Parks and Recreation Element Deliverable 2.7 Draft the Parks and Recreation Element of the 12/1/2006 2/1/2007 comprehensive plam Action 2.8 Distribute Draft to Supporting Agencies and 1/1/2007 2/1/2007 Action 2.9 Submit Draft Parks and Recreation Element to Planning 3/1/2007 3/1/2007 . Commission with (Public Hearing) Action 3.0 Submit Draft Parks and Recreation Element to City 3/1/2007 3/1/2007 Council Action 3.1 Insert Final Element into comprehensive plan 3/1/2007 4/1/2007 Action 3.2 Submit comprehensive plan with Parks and Recreation 5/112007 5/1/2007 Element to Planning Commission Action 3.3 Submit comprehensive plan with Parks and Recreation 5/1/2007 5/1/2007 Element to City Council Deliverable 3.4 Print Final comprehensive plan with Parks and 6/1/2007 6/15/2007 Recreation Element Deliverable 3.5 Post Final comprehensive plan on Website 6/1/2007 6/15/2007 . 45 Page 9 of 11 259 CONTRACT NO. C06-63200-263 Status Reports Due By: 6/15/2006 12/15/2006 6/15/2007 . . . 46 Page 10 of 11 259 CONTRACT NO. C06-63200-263 ATTACHMENT B: BUDGET .he budget shall consist of the following elements: 1. Category of Expenditure SFY 2006 SFY 2007 Total Salaries and Benefits $ 24,500 $ 13,500 $ 38,000 Goods and Supplies $ 1,000 $ 1,000 $ 2,000 Professional Services $ . 3,000 $ 3,000 $ 6,000 Other Goods and Services $ 2,000 .$ 2,000 $ 4,000 Total $ 30,500 $ 19,500 $ 50,000 2. Budget Summary SFY 2006 SFY 2007 Total CTED Funds $ 23,000 $ 12,000 $ 35,000 Other Funds $ 7,500 $ 7,500 $ 15,000 Total $ 30,500 $ 19,500 $ 50,000 . Payment Disbursement Schedule Upon final signing of contract and before June 30, 2006 $ 11,500 After submission of first status report and before June 30, 2006 $ 11,500 After submission of second status report and before June 30, 2007 $ 8,500 Upon completion of the contract and before June 30, 2007 $ 3,500 4. Special Budget Provisions A. For CONTRACTS over $30,000 the total amount of transfers of funds between line item budget categories shall not exceed ten (10) percent of the total budget. If the cumulative amount ofthese transfers exceeds or is expected to exceed ten percent, the total budget shall be subject to justification and negotiation of a CONTRACT amendment by the GRANTEE and the DEPARTMENT. B. For CONTRACTS under $30,000 the total amount of transfers of funds between line item budget categories shall not exceed twenty (20) percent of the total budget. If the cumulative amount of these transfers exceeds or is expected to exceed twenty percent, the total budget shall be subject to justification and negotiation of a CONTRACT amendment by the GRANTEE and the DEPARTMENT. . C. A sum often (10) percent of funds shall be withheld until all tasks, activities, and final products defined in ATTACHMENT "A" have been successfully completed by the GRANTEE and accepted fully by the DEPARTMENT. 47 Page 11 of 11 259 . . . 48 . DATE: To: FROM: SUBJECT: ~ORTANGELES WAS H I N G TON, U.S. A. CITY COUNCIL MEMO December 20, 2005 CITY COUNCIL Becky J. Upton, City Clerk/Management Assistant ~ Appointment of City Representative to Clallam County Animal Issues Advisory Committee Summary: ClallamCounty has asked for the designation of a City representative to the Animal Issues Advisory Committee. Diana Lusby, an employee in the City Attorney's office, has volunteered to serve as the representative. . Recommendation: Forward a recommendation to the Clallam County Commissioners that Diana Lusby be appointed as the City representative to the Animal Issues Advisory Committee. Back~round / Analysis: Various City representatives serve on Clallam County Advisory Boards, and a position is currently open for a City representative to the County Animal Issues Advisory Committee. This County committee serves as the liaison for animal shelter services, and it also addresses other animal-related issues that may arise from time to time. Diana Lusby, an employee in the City Attorney's office, is quite passionate about the welfare of animals, and she has volunteered to serve as the City's representative to the Clallam County Animal Issues Advisory Committee. Diana would be an excellent representative ofthe City in addressing animal shelter services in the County, so the Council is being asked to forward Diana's name to the Clallam County Commissioners for appointment. The committee meets on a monthly basis, and the term of office is for three (3) years. . 49 . . . 50 . DATE: To: FROM: SUBJECT: FORTAN ELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DECEMBER 20, 2005 CITY COUNCIL ~f/ YVONNE ZIOMKOWSKI,FINANCE DIRECTOR JAMES HARPER, SYSTEMS COORDINATOR Addendum to Intergovernmental Agreement with Clallam County for Telephone System Summary: In September, 1995, the City and Clallam County entered into an Intergoveinmental Agreement for the Acquisition and Operation of a Telephone System. The agreement entered into will not cover the purchase and operation of a separate-labeled voice mail system to replace the current non-supported component. Also, it does not allow the County, who is coordinating the project, to purchase the system and bill the City for its portion ofthe shared system. An addendum to the original agreement will allow forthe purchase and operation of a voice mail system. Clallam County will purchase the system and bPI the City for its 42 percent of ownership. . Recommendation: Authorize the Mayor to sign the Addendum to the Intergovernmental A reement with Clallam Coun . Background / Analysis: In November, 2003, the City was notified that the current voice mail system would no longer be supported nor was it capable of being upgraded, making replacement a necessity. The voice mail system is critical to all City facilities and staff, as it allows for improved customer service and ....----- communication between . staff-and-the-public.--------... Due to the late notification, neither the City nor the County had budgeted for the replacement in 2004. In late 2004, the City was notified that Clallam County felt it would not have funds available for a replacement in the 2005 budget. City staff, with guidance from the Finance Committee, researched and analyzed various options~ Replacement of both the entire phone and voice mail systems was ruled out due to costs in excess of$350,000. The option of a separate voice mail system, not ofthesame brand as the phone system, was ruled out due to operational, compatibility and logistic issues. Replacement ofthe phone system was unnecessary, as A vaya indicated that the current phone system would be supported for a minimum of another five years. . G:\EXCHANGE\CLERK\council_ITvrn.wpd 51 The final solutions were narrowed down to two. First, the City could purchase the voice mail . system, at a cost in excess of$65,000, and bill Clallam County when their funding became available. Since it was a single component upgrade, it cannot be purchased with a lease. The second option was to install a voice mail system and a processor unit for just the City, which would allow the City to be separate from Clallam County. This second option has a cost of $88,000, which could be purchased with a lease over the next four to five years. It also allows for the incorporation of voice over IP (VOIP) capability and future expansion. The Finance Committee and IT staff felt this to be the best option. In early 2005, Clallam County found funding for the upgrade. Information Technology and the Finance Committee re'-reviewed the issue and determined the best avenue was to continue to partner with Clallam County and return to a shared voice mail system, with the cost of the City's portion totaling $30,000. This amount was already in the 2005 Information Technology budget. Upon review of the current Intergovernmental Agreement, it was found that separate components were not included. Additionally, the agreement did not allow for Clallam County, who was overseeing the project, to purchase the system and bill the City for its portion. Operational and maintenance administration, such as a voice mail system, was also not included. Therefore, the 'Intergovernmental Addendum for the Upgrade And Operation of V oiceMail System' was generated byClallam County, reviewed by its attorney, and submitted to the City for review and approval. This addendum serves as an amendment to the current Intergovernmental Agreement between the City and Clallam County regarding the current telephone system. Staff recommends that the Council authorize the Mayor to sign the Addendum to the Intergovernmental Agreement. As always, staffwill be available to answer any questions. . . G:\EXCHANGE\CLERK\council_lTvrn.wpd 52 . . . From: To: Date: Subject: Sam Martin City Council; CM a.m. Staff 12/16/05 4:49PM Agenda It was brought to my attention late Friday that pages 53 - 59 are "missing" from the agenda. Well, in reality everything is there. Somehow paperwork was "turned over" before recording the numbers, and I just didn't catch it. I had numerous distractions, and I just didn't log in those numbers. I hope this won't be terribly inconvenient for you. Thank you for your patience. I was absolutely stunned when I realized what I had done. Sorry. Sam ADDENDUM FOR UPGRADE AND OPERATION OF VOICE MAIL SYSTEM . 'T'UTC ^ nrYCl\.TT\T Th/f nmo~rl" +1-.0 ThT'T'"QD rU'''T"QD1\.ThIf"Q1\.T'T' t. T A ~D"Q"Q?\If"Q1\.T'T' "Q()D t. r()T TT<;;T'T'T()1\.T ... r1 ()D"QD A'T'T01\.T ()"Q ELEPHO;~ ;;;ii~~~;~~ed,~un ~~;;~~b~~"~9: ~99~'b:;~;~ C~ty~~tCl~ll~a;:' ;';cliti~;i~;~di;~io;'of~ili~~St~~e '"';f Washington (hereinafter the "County" and the City of Port Angeles, a non-charter, code city of the State of Washington (hereinafter the "City"). WITNESSNETH: WHEREAS, the Interlocal Cooperation Act, as amended and codified in Chapter 39.34 of the Revised Code of Washington provides for interlocal cooperation between governmental entities; and WHEREAS, the County and City have agreed to jointly purchase and operate a voice mail system in order to more efficiently meet their telephone equipment and service needs. NOW, THEREFORE in consideration of the mutual covenants contained herein the parties agree as follows: A. The purpose of this ADDENDUM is for the upgrade and operation of a voicemail system to serve the needs of both parties. B. The 1995 agreement (County Agreement 550.95.001) is amended as follows: 1. Duration. This agreement shall be in effect 1 November 2005 and continue in effect indefinitely until modified or terminated by mutual written agreement of the parties. In the event of termination, property that is jointly owned pursuant to this agreement shall be disposed of by dividing ownership equally between the parties based on said property's fair market value. 2. A new paragraph is added to Section 3 Acquisition of the 1995 Agreement. The new paragraph shall read asfollows: . In 2006 a new voicemail system shall be acquired from A vaya by the County through GSA Contract. The County will then invoice the City fro the City's portion of the system. The City will be assigned the contractual rights and obligations for the portion of the system that will be owned by the City and for one-half of the portion of the system to be jointly owned. 3. A new paragraph is added to the 1995 Agreement. The new paragraph shall read as follows: Both Organizations agree to promptly maintain system so that the whole is in operation. C. As amended, the 1995 Agreement is confirmed and ratified. Dated this _ day of December, 2005. Dated this _ day of December, 2005. CITY OF PORT ANGELES CLALLAM COUNTY BOARD OF COMMISSIONERS Richard A. Headrick, Mayor Michael C. Chapman, Chair ATTEST: ATTEST: Trish Perrott, CMC, Clerk of the Board Becky J. Upton, CMC, City Clerk .pproved as to form: Approved as to form: William E. Bloor, City Attomey 59 Mark Nichols, Deputy Prosecuting Attorney MEMO DEPARTMENT OF ECONOMIC & COMMUNITY DEVELOPMENT Mark Madsen Director 417-4804 Nathan West Principal Planner 417-4750 Scott Johns Associate Planner 417-4752 Sue Roberds Planning Manager 417-4750 Jim Lierly Building Inspector 417-4816 Dave Yasumura Permit Technician 417-4712 ~ORTAN ELES WAS H I N G TON, U. S. A. December 21, 2005 TO: City Council Members FROM: Sue Roberds, Planning Manager RE: Findings and Conclusions in Support of Council's Decision on the Farmers' Market Appeal Attached you will find proposed findings and conclusions in support of the Council's unanimous action to uphold the appeal of the Saturday Farmers' Market Conditional Use Permit CUP 03-06. Council should adopt the findings and conclusions in support of the December 5, 2005, decision. Attachments Attachments r- -- [i 'I i i i FINDINGS AND CONCLUSIONS IN SUPPORT OF THE APPEAL OF THE EXTENSION OF CONDITIONAL USE PERMIT CUP 03-06 - SATURDAY P A FARMERS' MARKET Findings: 1. Law applicable: Extensions of approved conditional use permits are governed by P AMC 17.96.070(E), which reads "Extensions of approved conditional use permits shall be considered in accordance with the same procedures as for the original permit application and may be granted for a period of one to five years provided that the following minimum criteria are met: (1) The use complies with thepermit conditions; and (2) There have been no significant, adverse changes in circumstances. Upon written request for an extension submitted to the Planning Department prior to the expiration of the conditional use permit, said conditional use permit shall be automatically extended for ninety days to allow the City adequate time to review the extension request." 2. The public notification requirements for the extension of previously approved conditional use permits are outlined in Section 17.96.140 PAMC. A public hearing was advertised per Section 17.96.140 P AMC, and was conducted on August 28,2005, in consideration of the request for extension of a Saturday fanner's market use (CUP 03-06) in the Central Business District. 3. Procedure: The process requirements for extension of a conditional use permit are outlined in Section 17.96.070 PAMe. 4. Per Section 17.96.140 P AMC, public notification was placed in the legal section of the Peninsula Daily News on October 21,2005, posted on the site on October 20, 2005, and mailed to surrounding property owners and known parties of record on October 20,2005, regarding the Saturday farmers' market extension request. 5. The SEP A Responsible Official issued a Determination of Non significance (DNS #1129) on November 7, 2005, in review of the extension application. The DNS was not appealed. 6. On November 15, 2005, the City Council set a special meeting date of December 5,2005, 6 p.m. in consideration of the appeal. 7. The appellants and proponents were present during the City Council's December 5, 2005, meeting and provided testimony. 8. A staff report prepared for consideration of the Planning Commission identified alternative sites for the farmers' market activity. 9. Testimony was received during the Planning Commission's public hearing regarding continued use of a public right-of-way for a special use. Numerous business owners testified that the use of Laurel Street is vital to their businesses and that rights-of-way should remain available for use except for isolated closures in the public interest. 10. Following a public hearing, on November 9,2005, the Planning Commission approved a three year extension of Conditional Use Permit CUP 03-06 with conditions regarding site location and use of the right-of-way for the activity. FINDINGS AND CONCLUSIONS IN SUPPORT OF THE APPEAL OF THE EXTENSION OF CONDITIONAL USE PERMIT CUP 03-06 - SATURDAY P A FARMERS' MARKET Findings: 1. Law applicable: Extensions of approved conditional use permits are governed by P AMC 17.96.070(E), which reads "Extensions of approved conditional use permits shall be considered in accordance with the same procedures as for the original permit application and may be granted for a period of one to five years provided that the following minimum criteria are met: (1) The use complies with the permit conditions; and (2) There have been no significant, adverse changes in circumstances. Upon written request for an extension submitted to the Planning Department prior to the expiration ofthe conditional use permit, said conditional use permit shall be automatically extended for ninety days to allow the City adequate time to review the extension request." 2. The public notification requirements for the extension of previously approved conditional use permits are outlined in Section 17.96.140 PAMC. A public hearing was advertised per Section 17.96.140 PAMC, and was conducted on August 28, 2005, in consideration of the request for extension of a Saturday farmer's market use (CUP 03-06) in the Central Business District. 3. Procedure: The process requirements for extension of a conditional use permit are outlined in Section 17.96.070 PAMC. 4. Per Section 17.96.140 P AMC, public notification was placed in the legal section of the Peninsula Daily News on October 21,2005, posted on the site on October 20,2005, and mailed to surrounding property owners and known parties of record on October 20,2005, regarding the Saturday farmers' market extension request. 5. The SEP A Responsible Official issued a Determination of Non significance (DNS #1129) on November 7,2005, in review of the extension application. The DNS was not appealed. 6. On November 15, 2005, the City Council set a special meeting date of December 5,2005, 6 p.m. in consideration ofthe appeal. 7. The appellants and proponents were present during the City Council's December 5, 2005, meeting and provided testimony. 8. A staff report prepared for consideration ofthe Planning Commission identified alternative sites for the farmers' market activity. 9. Testimony was received during the Planning Commission's public hearing regarding continued use of a public right-of-way for a special use. Numerous business owners testified that the use of Laurel Street is vital to their businesses and that rights-of-way should remain available for use except for isolated closures in the public interest. 10. Following a public hearing, on November 9, 2005, the Planning Commission approved a three year extension of Conditional Use Permit CUP 03-06 with conditions regarding site location and use ofthe right-of-way for the activity. Findings and Conclusions - CUP 03-06 Page 2 11. Use of the public right-of-way requires approval of a Right-of-Way Use Permit. Section 11.12.120 P AMC provides criteria for the issuance of Right- Of- Way Use Permits and reads "(G) The applicant must demonstrate that it is necessary to use the public street, sidewalk, or planting strip, and that there is no other means available to accomplish the desired purpose, except by use of the public right-of-way, street, or planting strip." 12. Appeals ofthe Planning Commission's decisions shall be considered by the City Council at a public meeting and shall be based on the established public record. The issues to be considered are whether the action taken was based on the facts, and whether proper procedure was followed. 13. Per Section 17 .96.070(C) P AMC, appeals of the Planning Commission's decision were filed on November 10 and November 16, 2005, on behalf of several businesses and property owners. 14. The City Council finds that, in light of the information provided, other sites are available for the farmers' market use that do not involve a main public right-of-way. Conclusions: A. The City Council finds that application for extension of the CUP was timely and properly filed and the procedure followed to hear and consider that application was in full compliance with Section 17.96.140 PAMC, and that the public hearing was conducted per Section 17.96.070(E) P AMC. B. The City's responsibility under the State Environmental Policy Act (SEP A) was fulfilled by the adoption ofa determination of non significance on November 7,2005. C. The substantial evidence in the record does not support the decision of the Planning Commission. The substantial evidence is that there has been a change of circumstances. As a result of the changed circumstances, operation ofthe farmers' market on the public right- of-way no longer is appropriate under the criteria of 17.96.070. Therefore, the application for extension of the CUP should be denied. ~ ~e~ regular meeting ofDecember 20,2005. Richard A. Headrick, Mayor blJl ~ .1..:!fsP5^ Becky J. U n, ty Cler T:\FORMS\F&Cfarmersmktdenia12. wpd e. o DATE: To: FROM: SUBJECT: ~. r.... 'O.R' 'T"'~'..NG'E.....tE""S' I " : ~ . I ....... i ...:' I '.:' i" . . . ....!..... ,m m .1.... 1'.J'_.L1..1 .eJ ~ I. .....-- .. WAS H I N G TON, U. S. A. CITY COUNCIL MEMO ~O DECEMBEIYO: 2005 CITY COUNCIL STAFF NUISANCE ORDINANCE & COMPLIANCE OFFICER SUMMARY: This memo outlines staff's proposal for adoption of a new nuisance ordinance and implementation of a program for code compliance. RECOMMENDED ACTION: Follow a process leading to adoption of a new nuisance ordinance at the December 20th Council meeting. Approve the plan for implementation of the nuisance ordinance throu h establishin a code com liance officer osition. e BACKGROUND: Attached are copies of the proposed new nuisance ordinance and Compliance Officer job description. These are first presented first to the full Council at the regular Council meetirig oiiNovember 15th: Prior to that; they-have been-reviewed by all departments. All have given a favorable recommendation for adoption of the new nuisance ordinance. -- The Code Compliance Officer is a new position. As part ofthe evaluation of proposals done through the budget process, staff recommends that this new position be established. Funding for this position is provided in the proposed 2006 budget. The new nuisance ordinance and the compliance officer position are intended to work together to .._produce,_overtime, recognizable benefits. These benefits are difficult to quantify. Nevertheless, it has been well established that a consistent and reliable program of code compliance efforts does produce tangible benefits for a community. Consistent and uniform code compliance increases property values and enhances the quality oflife in the City. Code compliance helps keep the community safe. It affects the citizens' attitude toward the community - how they perceive their own city. It is well recognized that enforcement of codes, clean up of property, and beautification efforts are part of crime prevention and economic development activities. The physical condition ofheighborhoods and business districts can convey e a message, both to our local citizens and to visitors, about the city and the quality of life here. 61 To: CITY COUNCil.. RE: NUISANCE ORDINANCE & COMPUANCE OFFICER DATE: December 6,2005 Page 2 . In addition to the community benefits, the nuisance ordinance and new position are intended to strengthen the City's internal administrative procedures. The model we envision it as is "proactive compliance." Historically, complaints have been received by a number of individuals in the City, induding the Building Inspector, Planners, Planning Director, Fire and Police Department personnel. This creates duplication of efforts, and delays in response. It is challenging administratively since a number of departments are responsible for enforcement of different requirements. Another concern has been the efficient and expeditious handling of complaints. When the City's response is not efficient and expedient, it can give the impression that the City is not responding. There has also been a lack of sufficient communication and follow up, both with citizens and various departments involved in the process. To address these concerns, our intent is to adopt a more flexible and comprehensive nuisance ordinance and to . establish a compliance officer who can be a single point of contact for code compliance. The Compliance Officer is not expected to be an expert in every technical area that may arise, but he will be the driver that keeps the entire process moving forward. This approach provides the Compliance Officer with the tools, resources, and flexibility needed to provide the most appropriate response to a particular situation. . A key philosophy of the compliance program is to seek voluntary compliance through various means, including education, collaboration, and gentle persuasion. It is not intended as a program that will generate numerous court cases. . Undoubtedly in a few cases, written warning followed by formal action will be necessary. However, in most cases it is intended that the Compliance Officer will use informal means of achieving compliance. The focus is less on criminal citations and more on education, understanding, and voluntary resolution. The Compliance Officer will receive training, both in the formal and the informal aspects of the job. As a final element, the Compliance Officer will allow the City, once again, to use community service" workers as a cost-efficient method to implement cleanup both of nuisances and general City-wide projects. This beneficial program fell by the wayside due to budget cuts, which eliminated the staff necessary to supervise and administer it. By funding the Code Compliance Officer, we hope to return the function and benefits that the City can derive from it. To complement the Compliance Officer, we are also proposing a new nuisance ordinance. The nuisance ordinance is more comprehensive than the existing ordinance. It also offers more flexibility in the means and the tools of enforcement. At the same time, in drafting this ordinance, we have endeavored not to make it oppressive or onerous. It is intended to provide a moderate set of rules. . Other enacted ordinances are far more strict in their terms. 62 I . . . To: CITY COUNCll. RE: NUISANCE ORDINANCE & COMPUANCE OFFICER DATE: December 6, 2005 Page 3 CONCLUSION: The proposed nuisance ordinance, along with the compliance officer position provided in the proposed budget, are offered as a combined program. The program is intended to have specific benefits for the City and the citizens. Additionally it is intended to create a more efficient administration internally for the City in dealing with compliance issues. Staff recommends that the first formal reading of the ordinance and the discussion of the implementation program take place at the December 6thCouncil meeting and that the ordinance be adopted and the position be authorized at the December 20th regular Council meeting. Attachments WEB\dl G:\LEGAL\MEMOS.2005\Council.Nuisance()r~~Complianc~()fI!cer.l 02605 63 ORDINANCE NO. . AN ORDINANCE of the City of Port Angeles, Washington, revising the nuisance and junlevehicle enforcement procedures, adding a new chapter 8.30, and amending Ordinances 2469 and 2698, as amended, and repealing Chapter 8.04 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Chapter 8.04 P AMC is hereby repealed in its entirety. Section 2. A new chapter, 8.30, is hereby added to the Port Angeles Municipal Code to read as follows: Sections: 8.30.010 8.30.020 8.30.025 8.30.030 8.30.035 8.30.040 8.30.045 8.30.050 8.30.070 8.30.080 8.30.090 8.30.100 8.30.110 8.30.120 8.30.130 8.30.140 8.30.150 Chapter 8.30 NUISANCES . Scope. Puroose. Definitions. Authoritv. PropertY Owner Responsible for Abating Street and Allev Rights of Way. Nuisances generally defined. Nuisances specificallv defined. Parking of vehicles on residential propertY. Enforcement. Administrative 'reviews bv the Director. Appeals to the Hearing Examiner. Penalty. Alternate criminal penalty. Abatement. Collection of judgments. Additional relief. Conflicts. . 64 -1- . . 8.30.025 Definitions. for the puroose of this chapter. certain tenns. phrases. words. and their derivatives shall be construed as specified inthis section. Tenns hrases and words used in the sin lar include the lural and the lural the singular. Tenns. phrases. and words used in the masculine gender include the feminine. and feminine the masculine. yYhere terms. phrases. and words are not defined herein. their definition shall be taken from the Buildin Code first and if not defined therein shall have their ordina acce ted meanin within the context which the are used. Webster's Third New InternationalDictiona o the En !ish Lan a e Unabrid ed co . ht 2000 shall be considered as rovidin ordina accepted meaning. "Attractive nuisance" shall mean an ob'ect or condition which can reasonabl constitute a hazard or dan er which is accessible to unauthorized ersons and which tends to draw attention or entices. "Buildin Code" shall mean the buildin code as ado ted and amended b the Ci in Title 14 PAMe, "Director" shall include but not be limited to the Chiefs of the Police De artment or Fire De artment Directors of the Public Works and Utilities De artrhent and ofthe De artment of Economic and Communi Develo ment. The director of the de artment ma desi ate an individual to act in his or her stead. "Driveway" shall mean. for the purposes ofthis chapter. an improved surface for use b a motor vehicle for the u. ose of accessin a arkin area or for the arkin of vehicles. :'Front Yard" shall mean. for the purooses of this chapter. that area between the front line and the face of the residential structure furthest from said ro e line. :'Improved Surface" shall mean. for the purooses ofthis chapter. any area that has been altered from a natural surface. "Inoperable vehicle" shall mean. for the purposes of this chapter. a vehicle which cannot be Ie all 0 erated on roads hi hwa s ri hts-of-wa waterwavs or ublic lands as appropriate for the particular vehicle due to the condition of the vehicle or the status of the ownership. registration. or license of the vehicle. Inoperable vehicles shall include. but not be . 65 -2- limited to. those whi~h aooear inooerable due to missing lights. windows. or other critical oarts. . equioment. or safetVelements. ' "Junk Vehicle." for the ourooses of this chaoter. adopts the definition contained in RCW 46.55.010. ~'Light tresoass" means any light emitted by an outdoor fixture at any time between the hours of 10:00 P.M. and 5:00 A.M. for longer than 30 minutes'continuously that shines directly bevond the propertY on which the fixture is installed. or indirectly shines beyond the propertY on which the fixture is installed at a brightness (illuminance) that exceeds 0.1 foot-candles at the oropertv line. :'Maintained ,Surface" shall mean. for the purooses of this chapter. a natural olanted surface. such as grass or ground cover that is mowed' and/or maintained tokeeo it in good condition and to prevent soil erosion. "Person" shall mean an individual or his or her heirs. executors. administrators or assigns: ~nd also includes a company. partnershio. corooration. LLC. a' governmental entity. and the successors. assigns. and the agent of anv of theaforesaid. "Plumbing Code" shall mean the olumbing code as aoopted and amended bv the City in Title 14 P AMC. "Recreation Vehicles" shall mean. for the purooses ofthis chaoter. anv trailer. camoer. RV. motor home. or boat over fourteen (14) feet in length. "Screening." for the purooses of this chapter. shall include. but not be limited to. solid wood fencing. chain link fencing with slats. or solid landscaping capable of hiding parked vehicles or other storag, e from ~ight hy standing individuals at or Dear the property lines: however.. such screen need not exceed SIX feet III heIght. "Stored vehicle" shall mean. for the purooses of this chapter. vehicles keot on a single- familv residential lot for over two months without substantial movement of said vehicle. "Vehicle." for the ourooses of this chapter. shall include. but not be limited to. automobiles. motorcycles. trucks. motorized recreational vehicles. campers. travel trailers. boats on or off trailers. utility trailers. or other vehicles defined as such in Title 46 RCW. Campers. if removed from the pickup and stored separately. shall be counted as a separate vehicle. 8.30.030 Authority. Any Police Officer of the City and those employees of the City designated by the City Manager may enforce the provisions ofthis Chapter. 8.30.035 Property Owner Responsible for Abating Street and Alley Rights of Way. :rhe owner of property is responsible for and shall abate. any nuisance condition that exists on any street or alley right-of- way that abuts his mopertv. except for that part ofthe right of wav tha(isdeveloped and maintained for vehicle traffic. 8.30.045 Nuisances specifically defined. The following acts. omissions. places. conditions. and things. unless exoresslvpermitted bv this Code. are hereby declared to be nuisances. No person or persons shall erect. contrive. cause. continue. maintain. or permit to exist any public nuisances within the City. Prohibited oublic nuisances include. but are not limited to: . A. Excavations or naturally occurring holes. including. but not limited to. privies. 66 -3- :,i',i . vaults. cessoools. sumos. oits. wells. or any other similar conditions. which are not secure and which constitute a concealed dane:er or attractive nuisances. ~ B. The dischar e of sewa e human excrement or other wastes in an location or = manner exce t throu h s stems.. a roved for the conve ance of such to a roved ublic or private disoosal systems and which are constructed and maintained in accordance with the rovision of the Plumbin Code and all other ado ted laws ertainin to such systems. C. Filth littered trash-covered or over own remises or abuttin street and alle tights-or.:=way for which a orooertvowner is responsible to include. but not be limited to: 1. Accumulated. human or animal wastes which are imorooerly hllndled. contained or removed from the. remises includin bones meats hides skins or an art of the animal. fish. or fowl. 2. Ve e:etati on: a. Ovenrrown. uncultivated. or unkempt vegetation of any type. includin but not limited to shrubs brush trees weeds blackberries and asses over one foot in hei lit. Where erosion control issues or indi enous s ecies are resent an exce tion or modification may be made to these requirements. b. Vee:etation exceeding twelve (12) inches in height. excluding any cultivated tended lants and flowers within a flower bed or container shrubbe or trees. c. Overhan in limbs or branches that are less than ei ht 8 feet above a ublic walkwa or sidewalk or less than fourteen 14 feet above a ublic street. d. Dead. decaYing or diseased trees or branches. e. Any growth of noxious weeds or any toxic vegetation. .t Accumulation for more than two weeks of vegetation waste. inelu~dihg.-butnotlimited to..grasscliooine:s. cut brush. cut trees. and/or cut weeds. 3. Debris and Trash. a. AIl accumulation of garbage. litter. debris. rubble. hazardous waste. or bli ht which includes but is notJimited to im ro erl stored bottles cans a er lass lasticcardboardauto artsc tiresscrametal... scra woods discarded. or broken a liances furniture e ui ment bic des or arts thereof barrels boxes crates alletsmattresses clothin household oods construction materials lumber metal im ro erl iled or storedfitewood or an hin in which flies ma breed or multi I which rovides harbora e forrats or other vermin or which may be a fire hazard. b. Accumulations of broken or neglected items. litter. salvage !TIalt;Iictls. and iunk not in an aoprnverl enclosed structure. 4. Machinerv and EQuioment. R; ~1l pH Ices used or maintained as dumos. iunk vards. or automobile ormacliine Oisassembl ards or buildin s-notlicensed and/or located in an im ro eruse zone or which are 0 eratin outside of s ecific conditions set forth for the 0 eration of such businesses. b. Brok€n. inooerable. accumulations of. or oarts of machinery or equipment not in an approved enclosed structure. 5. Inooerable. abandoned. disassembled. or dilaoidated aopliances, machine orvehicles. These rovisions shall not a 1 to licensed and ermitted vehicle stora e areas. . . 67 -4- D. Loud unnecessary noises, including, but not limited to, making, causing, or . ennittin noises to be made b sound trucks louds eakers or other sound-am li 'n devices. E. Buildings, Structures, Fences. 1. Buildings, structures, fences or other constructed obiects that are decaved, dila idated or unsafe dama ed or in disre air to the extentthat the ose a threat of colla se structural failure, or falling. 2. Any unsightly, abandoned, or deteriorated building or structure: or any buildin or structure constructed with ina ... ro riate materials or im ro erl fastened to ether or anchored against the forces of nature. 3. Any building: or structure where construction was commenced and the building or structure was left unfinished. F, Burning or disposal of refuse, sawdust. or other materials in such a manner as to cause or ennit ashes sawdust soot or cinders to be cast u on the streets or aIle s of the Ci or to cause or ermit the smoke ashes soot or ases arisin from such burnin to become anno 'n or to in'ure or endan er the health comfort or re ose of said ersons. G. Any premises or structures allowing or maintaining: prostitution, lewd behavior, undera e consum tion of alcohol the harborin of 'uvenile ruhawa s or wanted ersons or where there is the use, sale, manufacturing or distributing of any narcotic or controlled substance, ~r at which there is a pattern of-criminal activity. H. Throwing:, depositing:, exposing:, or causing: to be disposed of, in any street or other public place within theCitv, any garbage, waste, refuse, litter: debris, 6r other offensive material. unless the dis osal of such items in such lace is s ecificall authorized b law. . 1 Causing or allowing: g:arbage, waste, refuse, litter. debris, or other offensive materialS to be collected or de osited or to remain in an lace in the Ci unless otherwise pennitted bylaw. - J. All obstructions to streets ri hts ofwa or other ublic wa s in the Ci and all excavations in or under the same which are b ordinance rohibited or which ma be made without lawful. ermission or which havin been made b lawful ermission are ke t and maintained after the u osethereof has been accom lished or for an unreasonable len h of time. 68 -5- . <...:'...1'.,; to flow from or out of an remises into or u on .'lln remIses or an ublic street or alley. or to stand. remain. or be upOn any premises. . L. All yacant unused or unoccU ied buildin s and structures within the Ci are allowed to become or remain 0 en to entrance b unauthorized ersons or the eneral ublic because of broken missin or 0 en doors windows or other 0 enin s so that the same ma be used by yagrants or other persons. in a manner detrimental to the health and welfare of the inhabitants of the City. M. Furniture and Appliances. = 1. AnY refri ~erator. icebox or deep- freeze locker haying a capacity of one and one-half 0-1/2) cubic feet or more or any other container manufactured. custom-made or homemade desi ed for stora e which is discarded abandoned or left in an lace accessible to children and which has not had the door or latchin mechanism remoyed to reyent the latchin or locking of the door. 2. bll broken or discarded household furniture. furnishings or equipment. or any appliances not in an approved enclosed structure. N. Unauthorized Signs. 1. All unauthorized signs. signals. markings or devices that are displayed to resemble an official traffic control device. . 2. AnY sign. poster or other advertising matter of any nature placed upon a light. telephone or other poles. trees. sidewalks. streets. sil:ms. traffic signs or other traffic.:control devices or other structures or laces within streets alle s or other ublic laces or ri hts of way. O. Light trespass. . . P. Sidewalks. 1. ---Any protrusion. awning. or overhang that i~hibits or obstructs use of a public walkway or sidewalk. . . ---- - ---- 2.---Anyobiect construction~or damagethat inhibits or obstructs the surface use of a public walkway or sidewalk.. - J.,. Snow or ice not remoyed from a public sidewalk within 48 hours. 4. Accumulations of dirt or deb~s ~ot removed from a public sidewalk. ~ Buildin and Construction Materials. - Accumulatitmstacks-cor iles of build in or construction materials not associated with a current in- ro ess ro' ect inc1udin metal wood wire electrical or lumbin materials in disarra or ex osed to the elements on the ro e 1. Fire Hazards. Stacks or accumulations of newspapers. cardboard. or other paper, clothinp or wood products left in a manner that could pose a. substantial risk of combustion or the spread of fire. 2. Toxic or Caustic Substances~ Improper storing or keeping of any toxic. flammable. or caustic substances-or--materials-,----~---- ~--"- 3. Insect or Vermin Attractions. Creating or maintain1ru!a~ccumulations of matter. including food-stUffs. that harbors or-is-anattraction for the infestation of insects or vermin or failing to eliminate such infestations. or failing to eliminate intrusive insects such as tent caterpillars. R. Bodies of Water. = 1. Except for City approved structures connected to storm drainage systems. all stagnant pooled water. 2. The polluting of any waterway. wells. or body of water. . . 69 -6- s. . Garbage. Recyclables. and Compost. In addition to the regulations in Chapter 13.54 P AMC: .L Garbage not kept in a Droper receptacle with a tight fitting lid. 2. Recyclables not properly stored and regularly disposed of. 3. Compost not kept in a manner to prevent it from attracting infestations of insects or emitting foul odors. T. Attractive Nuisances. - Any attractive nuisance accessible to children including. but not limited to. unattended machinery or eauipment. unsecured abandoned or vacant buildings. open and unattended vehicle trunks. or other unguarded conditions or situations that could injure or trap a child. U. Conditions or acts that unreasonably annoy. iniure. or endanger the comfort. repose. health. or safety of others. V. Conditions or acts which interfere with. obstruct. or tend to obstruct or render dangero~ for passage any stream. public park. parkway. sauare. sidewalk. street. or highway and other rights-of-way in the City. W. Illicit discharges into the municipal storm drainage system (illicit discharges are defined in Chapter 13.63). X. Unauthorized interference with. damage to. or polluting of designated habitat areas. publicly owned restoration sites. streams. creeks. lakes. wetlands. or tributaries arid similar areas thereto. Y. The improper parking or storage ofvehicles on single-family residential lots which impedes the use of yard areas for light. air circulation. recreation. and landscaping. ~ Z. Graffiti. The existence of graffiti or unauthorized defacement of any surfac~ --located ona-privatepropertv must be removed within ten (10) days of discovery or notification by the City. 8.30.050. Permitting - Maintaining: It is unlawful for any person. bv himself or by his agents or employees. or as the agent or employee of another person. to do. or permit to be done. upon anv premises over which he has control: or to maintain. carry on. suffer. or allow. any of the acts or things declared to be nuisances in this Chapter: or to do or cause or permit. or suffer to be done. or to maintain. anvact or thing which is detrimental or injurious to public health. or offensive to the senses. or contrary to public decencv or morality. If the owner or agent of anv pretniseshasactual or constructive KtlQ_w1.edt!-e-of.the-Illaintenance ooorin his premises of anv nuisance. as defined in this Chapter. he shall be deemed one of the persons in control of the premises. 8.30.060 Parking of vehicles on residential property. The primary function ofvards on residential lots is to provide access to light and air and to provide circulation. recreation. arid landscaping. - It is the intent of this section to establish standards by which parking vehicles on residential lots is allowable. -.- The parking or storage of vehicles on residential lots in violation of the following standards shaUbe considered a nuisance. , and subject to penalties in accordance with this chapter. Intact. operable. and appropriately licensed vehicles may be parked or stored outside an approved structure subject to the following conditions: -. A. Side yard and rear yard. Parking ofvehic1es on residential lots in the side and rea 70 -7- . yard areas shall be limited to those lots which have legal access from the adiacent street or alley. Parking in side and rear yard areas combined shall be limited to UP to four vehicles or to no more than 40 percent of the combined side and rear yard area. whichever is less. In addition. vehicles may be parked in a side or rear yard only if the following conditions are met: 1. bll vehicles parked in a side yard must have a minimum of three feet of unobstructed space between the. vehicle and the structure. and have a minimum of five feet 'yehicle-clear space on one of the side orooertv lines. 2. No more than four vehicles of any kind may be parked in a back yard. 3. ~ll vehicles oarked in a side or back are on an imoroved or maintained surface. B. Front yard. Where alley access is available. parking in the front yard is prohibited. Parking of vehicles on residentiallotsin the front yard shall be oermitted only to those lots which have Ie al access from the ad'acent street or aIle. Parkin of vehicles shall be on a ro erl re ared all-weather surface includin but not limited to concrete as halt avel a royed oermeable oaving materials. or other material aooroyed by the Building Official. The all-weather surface shall be limited to no more than 40 ercent of the front ard area. Parkin in front ard areas shall be limited to uo to four vehicles or the number of vehicles which can be parked on the all-weather surfacin whichever is less. Parkin of stored or ino erable vehicles in front ards is prohibited. C. Number of vehicles oarked in the ooen. The total number of vehicles parked or stored in the open on a residential lot shall be no more thanfour. D. Exceotions. The Building Official may. under the following circumstances. grant an exce tion to the maximum number of rivate vehicles arked on a sin le-famil residential lot or allowed in the front. rear; or side yards: 1. Additional vehicles may be allowed in a particular yard if vehicle access to other yards is unavailable. 2. If the number of individuals with valid driver's licenses within the household exceeds four. A lications for an exce tion shall be made in writin to the Buildin Official within 30 days of the receiot of the initial Notice of Violation. The Building Official, when determining the outcome of the exception; may take additional mitigating factors under consideration. Exce tions are sub' ect to review u on recei t of additional com laints. E. Storage standards. Inooerable stored vehicles on residential lots shall be limited to the rear yard area. Screening shall beorovided between the inoperable vehicles and adiacent oroperties or rights-of-way. All stored vehicles must be maintained in a clear and safe manner. F. Parking within an enClosed structure. All private vehicles which are fully enclosed within a legallv constructed garage or other structure are not considered as part of the allotted number of vehicles. G. Recreational Vehicles. No more than two recreational vehicles of any kind may be arked an here on a ro e . Storin boats cam ers or other recreation or accesso vehicles in an unstable manner is orohibited. H. Junk vehicles. Junk vehicles are defined in Chapter 8.05 and are subiect to the orovisions contained therein. In addition. iunk or inooerable vehicles are prohibited from being stored outside of an a roved enclosed structure an here on a ro e in excess ofthi 30 days. . . 71 -8- 1 Repairing of vehicles on a property is prohibited unless: 1. The maintenance or repair does not to exceed thirtv(30) calendar days ner . .;,-~ vehicle: and 2. The vehicle beine repaired is reeistered to a resident of the property. and 3. The repair is not in association with any business. licensed or not. of buying. selling, repairing or restoring of vehicles or parts, unless the property is authorized and licensed by the City for such business, and 4. The repair is conducted in a manner that does not violate noise rel!Ulations, and 5. The repair is conducted in a manner so as not to allow any vehicle fluids to saturate the ground or enter any drainage system or body of water. L. Leaving vehicles unattended on blocks, iacks. ramps or otherwise elevated above the ground in an unstable manner is prohibited. . . K. b-ll vehicle parts and accessories, includine but not limited to, containers of oils and fluids must be appropriately stored in an approyed structure. 8.30.070 Enforcement. The following procedures shall be available in the event of any violation of this Chapter: A. Voluntary abatement pursuant to 8.30.080: B. Notice and Order to abate pursuant to 8.30.100: Co Civil infraction pursuant to 8.30.110: and D. Abatement pursuant to 8.30.130. . These enforc-ement procedures shall not be mutually exclusive-.- Exercise of one procedure shall not constitute an election which prevents use of another procedure. The enforcement officer shall have the rieht and authority to determine which enforcement procedure( s) to employ and to combine enforcement procedures to effect the purposes of this Chapter. 72 -9- . re . . -~o- . rovision of this cha ter is a civil 74 -11- . . . \?:tf;~';",':h;;"'; ," :,(. .i< '-:;-;';J"I;.)" wit ~i':{~4 ~{'/ 8.30.130 Conflicts. bll ordinances or parts of ordinances of the City in conflict herewith are hereby reDealed. Section 2 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. 75 -12- Section 3 _ Effective Date. This Ordinance shall take effect five days after the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the__ day of ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney - PUBLlSHED:---c~-~---~ By Summary G:\Legal_ BackupIORDINANCES&RESOLUTlONS120Q4. t 4.Nuisances. Wpd (May 10; 2005) ,2005. MAYOR . . 76 -13- . . 1. 2. 3. 4. . 5. 6. 7. 8. 9. . CITY OF PORT ANGELES JOB DESCRIPTION Community & Economic Development Department CODE COMPLIANCE OFFICER Nature of Work: Under general direction of the Community & Economic Development. Director, receives, investigates, researches and resolves questions, complaints, and violations concerning city codes and ordinances involving land use, signing, nuisances, right of way and other similar gove:rnmental regulations. Prepares reports and maintains a variety of records concerning work activity. This position is also serves as back up for the Building Inspector. This position works closely with the City Attorney's Office and the Police Department for enforcement of City Codes and Ordinances. Examples of Duties: The following duties are not inclusive of all duties and the incumbent performs other related duties as required. Receives, investigates, researches, and resolves questions, complaints, violations and issues concerning city codes and ordinances related to building, zoning, land use, and other public works related issues. Conducts on-site inspections to assure compliance with applicable zoning, building, and other municipal codes and ordinances. Assists at the public counter concerning building permits and assists the Building Inspector with field inspection for building and construction permits. Prepares investigative reports and maintains comprehensive records of work activity to document inspections, including photographs, e-mails, and written correspondence and forwards records to the Police Department and City Attorney'-s office for action as necessary. Investigations include such matters as complaints regarding building code, violations of zoning, signs, set backs, dangerous structures, overgrown vegetation, improper fencing, abandon vehicles, grading of property, shoreline, wetlands, and forest practice violations. Provides and interprets information to the public, contractors, builders, governmental agencies, citizen and community groups concerning city codes and ordinances. . Negotiates and establishes acceptable resolution of violations, including actions to be taken by the city and the violator with specific time frames for corrective. action. Conducts follow up inspections to ensure compliance and enforcement measures. Maintains computer based records in the city's management information software, including a chronological list of field and investigative actions. Physical Limitations: Works both indoors and outdoors in inclement weather visiting various sites in the City; walk on uneven terrain, climb, lift 30 pounds or more, stooping, bending, and standing for long periods oftim~OperaUnr-cityvehicle in conducting field investigations. Operates a personal computer daily. Qualifications: . Two years of college level course work in planning, public relations, building codes or a closely related field. . Three years of work experience involving enforcement/code interpretation, project management, construction or any combination of experience and training that would provide the level of knowledge, skills, and abilities for the position. . Ability to operate a PC proficiently using a variety of municipal software, including specialized Building Inspection/Planning software. . Must be able to obtain lCBO certification as a Building Inspector within one year of hire. . Possession of a valid Washington State Drivers license within 30 days of appointment and have a good driving record acceptable to the City. 77 Knowledees. Abilities. and Skills: . Knowledge of: _ City of Port Angeles municipal codes and ordinances for land use, zoning, building, right of way, signing, abandon vehicles, overgrown vegetation, _ Building and construction codes, laws, regulations, including ICBO certification. _ Alternative methods of conflict and dispute resolution. _ Applicable City rule~, regulations, policies and procedures, codes, ordinances, and laws concerning enforcement activities. _ City department operations, organizational functions, and service programs. Ability to: _ Work independently, without close supervISIon and show initiative in resolving disputes and complaints, within guidelines established by the Department Head or city procedures. _ Understand complex issues and interpret city policies, procedures, codes, ordinances. _ Coordinate effective resolution of problems with various city departments and outside agencies. _ Communicate effectively both verbally and in writing. . _ Understand and interpret construction plans, analyze property surveys and boundary information, and legal descriptions. _ Assist the public at the counter and answer questions relative to codes and ordinances and display effective public relations skills. _ Present the City in a positive image through effective public relations, courteous and friendly treatment, and exemplify exceptional customer service values and ethics. _ Operate a personal computer using a variety of municipal software for word processing, spreadsheet applications, and specialized software for Community Development and Building Inspections. . Effective Date: November 2005 ."-~_._--- -' Representation: AFSCME Dates Amended: Approval Signatures: Department Head: City Manager: Human Resources: Date: Date: Date: . 78 . . . DATE: To: FROM: SUBJECT: F. ~.-. ORT~. N ! i r- ; r~ ,I V..... 1 ! I' .... in! .."~nn ............1. I , t " 1 ~ - . -..... ...... E,nILI E. S. I rIIL,.r', . WAS H I N G TON, U. S. A. CITY COUNCIL MEMO ~o DECEMBE~ 2005 CITY COUNCIL WILLIAM E. BLOOR, CITY ATTORNEY Creating a fund for the Administration and Accounting of Revenue Summary: This ordinance creates a new for the administration and accounting of revenue received from the Department of Interior, Olympic National Park Foundation and/or National Park Service (NPS) for upkeep, operation, maintenance and repairs of the City's municipal water treatment plant. Action: First reading on December 6. Adopt ordinance on December 20,2005. I. Back2round: Congress has appropriated all the money needed to cover the water quality mitigation costs identified for the Elwha dams removal project. As part of that project, the federal government has agreed to transfer to the City sufficient money for the City to operate, maintain and repair water treatment facilities in accordance with the Elwha Act. The City has agreed to create a separate fund specifically to hold, administer and account for that money. The City expects that the Olympic National Park Foundation and/or National Park Service (NPS) will make contributions to this fund in the near future, before the end of January, 2006. The City needs to establish the fund for the receipt. ~, City Attorney Attachment WEB\jd G:\LEGAL\MEMOS.2005\Councilfundordinance 11-30-OS.wpd 79 ORDINANCE NO. . AN ORDINANCE of the City of Port Angeles, Washington, creating a fund for the administration and accounting of revenue from the Department of the Interior for upkeep, operation, maintenance, and repairs of the City's municipal water treatment plant, and adding a new section, 3.42, to Chapter 3 of the Port Angeles Municipal Code. WHEREAS, the City Council does hereby find that there 'is need to establish a special fund to be identified as "Treatment Plant Operating and Maintenance Fund" for the purpose of administering and accounting for revenue received from the Department of the Interior for the purposes of upkeep, operation, maintenance, and repairs of the City's municipal water treatment plant. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES do hereby ordain as . ..-- follows: Section 1. Chapter 3, Revenue and Finance, of the Port Angeles Municipal Code is hereby amended by adding a new chapter, PAMC 3.4, to read as follows: Chapter 3.42 TREATMENT PLANT OPERATING AND MAINTENANCE FUND Sections: ---" 3.42.010 3.42.015 3.42.020 3.42.030 3.42.040 Fund Created. Fund Subject to Conditions. Expenditures. Limitation on Expenditures. Administration. . 80 -1- . 3.42.010 - Fund Created. There is hereby established in the City Treasury a fund for the fiscal administration and accounting of revenue appropriated from the Department of the Interior for upkeep, operation, maintenance, and repairs ofthe City of Port Angeles municipal water treatment plant. Interest earnings on the fund shall be administered consistent with the City's current financial investment policy. Said fund shall be entitled "Treatment Plant Operating and Maintenance Fund." . 3.42.015 - Fund Subiect to Conditions. The City expects that the Olympic National Park Foundation and/or National Park Service (NPS) will make contributions to this fund. The City recognizes and accepts the following conditions placed on money paid into this Fund by those entities. Specifically, the City recognizes and accepts the payments from those entities subject to the following conditions: A. Any use of such money, other than the use contemplated in section 3.42.020 below, must be approved in advance of expenditure by the Superintendent of Olympic National Park (Superintendent); and . Eo The City will make available to the Superintendent any audit, including annual State audits, that includes the Fund; in addition, the Superintendent is authorized to conduct an. audit of the Fund at any time; and C. If the Elwha Dam and Glines Canyon Dam are not removed, or if the Port Angeles Municipal Water Treatment Plant is not transferred to the City, then the money paid to the Fund by those entities, plus accrued interest, less expenses incurred by the City for or related to a municipal water treatme~t plant, shall be refunded to those entities upon the written request and direction of the Superintendent. 3.42.020 - Expenditures. The Treatment Plant Operating and Maintenance Fund shall be used and expended only for the payment of necessary or proper expenditures or obligations incurred in or incident to the repair, upkeep, maintenance or operation ofthe Port Angeles Municipal Water Treatment Plant, and usual expenses related to the administration of the fund and its equitable share of general utility expenses. Disbursements shall be made out of said fund upon the request of the Director of Public Works and Utilities to defray such costs and expenses. 3.42.030 - Limitation on Expenditures. No expenditure shall be made from this fund, and no amount shall otherwise be transferred out of this fund except expenditures and transfers for the purpose of repair, upkeep, maintenance or operation of the Port Angeles Water Treatment Plant 3.42.040 - Administration. The Finance Director is charged with the administration of said fund. . 81 -2- Section 2 - Severabilitv. If an~i~~ction, subsection, sentence, clause, phrase or word of c<; .,' e this ordinance. should be held to bej~xalid or unconstitutional by a court of competent jurisdiction, such invalidity or uncoIJ,~titutionality thereof shall not affect the validity or constitutionality of any other section, sup section, sentence, clause, phrase or word of this ordinance. Section 3 - Effective Date. Tp~ ,ordinance shall take effect five days following the date of its publication by summary. Section 4 - Corrections. Tp,e . City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction ofthe scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. el p ASSED-by-the-eity~Council ()f the City of Port Angeles at a regular meeting of said . Council held on the====dayof ,2005. MAYOR ATTEST: APPROVED AS TO FORM: Becky J. Upton, City Clerk William E. Bloor, City Attorney PUBLISHED: By Summary G:\LegatBackup\ORDINANCES&RESOLlfI10NS\2005-47.Elwha Fund Creation.112105.wpd November 23, 2005 e 82 . -3- . . . DATE: To: FROM: SUBJECT: WASHINGTON, U.S.A. CITY COUNCIL MEMO December 20, 2005 CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities -1M Senior Center Membership Fees Summary: In order to make up projected revenue shortages in rental income in 2006 at the Senior Services and Community Center, it is recommended that membership fees be raised. Recommendation: First reading of proposed ordinance. City Council consideration to ado t new ordinance at the Janua 3, 2006 Council meetin . Back2:roundl Analvsis: In order to make up projected revenue shortages in rental income in 2006 at the Senior Services and Community Center, it is recommended that membership fees be raised. The proposed fees have been presented to the Executive Board, the Senior Center Board of Directors and the Council Parks/Facilities Oversight Committee and they concur with the increase. The Parks, Recreation and Beautification Commission also reviewed this issue at their meeting on December 15,2005. Membership fees for the Senior Center are set by Ordinance (3.70.040). The recommended 2006 membership fees are as follows: ' City Resident Non City Resident Current Annual Fees $10.00 $15.00 Recommended Annual Fees $15.00 $23.00 Recommendation Staff recommends passage of the ordinance at the January 3, 2006 Council meeting, revising the membership fees at the Senior Center. Attachment: Revised Ordinance N:\CCOUNCIL\FINAL\Senior Center Membership Fees.doc 83 1- . . . 84 -etuM:t ~ Ide. as ~ ~"-L ~G:l:. . ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Chapter 3.70 of/the Port Angeles Municip Center membership fees; . ngton, amending I f to Senior THE CITY COUNCIL OF THE CITY follows: Section 1. Municipal Code is hereby amended by amending PAMC 3.70.040( . E. The fee $15.00 for City residen citizen who is unable to a community service, in accor Center. visions ofthis Ordinance or its application to any alid, the remainder ofthe Ordinance, or application ofthe er persons or circumstances, is not affected. This Ordinance shall take effect five days following the The City Clerk and the codifiers of this ordinance are to make necessary corrections to this ordinance including, but not limited to, the ction ofthe scrivener' s/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. - 1 - "/-". . PASSED by the City Council of the City of Port Angeles at a regular 'd . Council held on the day of January, 2006. ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: January , . By S G:\Legal_ Backup\ORDINANCE December 19, 2005 .SeniorCtrMemberFees.120805. wpd . - 2 - . . ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter 3.70 of the Port Angeles Municipal Code relating to Senior Center membership fees. THE CITY COUNCIL OF THE CITY OF PORT ANGELES do hereby ordain as follows: Section 1. Chapter 3.70 of the Port Angeles Municipal Code is hereby amended by amending PAMC 3.70.040(E) to read as follows: . E. The fee for membership in the Port Angeles Senior Center shall be $10.00 $15.00 for City residents and $15.00$23.00 for non-City residents; provided that any senior citizen who is unable to pay this fee may be granted a membership, through the performance of a community service, in accordance with the rules and regulations of the Port Angeles Senior Center. Section 2- Severability. If any provisions of this Ordinance or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 3 - Effective Date. This Ordinance shall take effect January 1, 2006. Section 4 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener' sl clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. . - 1 - 85 PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the _ day of December, 2005. MAYOR ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: December ,2005 By Summary G: \Legal_Backup\ORDINANCES&RESOLUTIONS\2005-49 .SeniorCtrMemberFees.120805. wpd December 8, 2005 -2- 86 , .. I FORTANGBLES WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: December 20, 2005 To: CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities~~ FROM: SUBJECT: Water Rate Ordinance Amendment Summary: It was recently discovered that 4 rates were unintentionally omitted from the water rate ordinance adopted by City Council earlier this month. An amendment to the water rate ordinance is needed to correct the omission. Recommendation: Adopt the attached ordinance amendment. Background/Analysis: The recently completed rate study determined that adjustments to all rate classes were needed to maintain the water fund in a financially prudent position. On December 6, 2006, City Council adopted an ordinance adjusting water rates beginning January 1, 2006. Four rate classes were unintentionally omitted from the previous rate ordinance. This amendment will change the monthly residential flat rate from $32.30 to 38.45, the monthly industrial metered rate from $.89 per 100 cubic feet to $1.06 per 100 cubic feet, th~ temporary water use rate from $34.75 to $41.35 per month, and the service charge rate from $139.25 to $165.70. _' C '-- By adopting the ordinance amendment the across the board increase will be applied to all rate classes as intended. Staff regrets the omission of these rate classes in the initial rate ordinance. Attachment: Proposed Rate Ordinance Amendment N:\CCOUNCIL\FINAL\Water Rate Ordinance Amendmentdoc ( ORDINANCE NO. AN ORDINANCE ofthe City of Port Angeles, Washington, revising water service rates and amending Chapter 13.44 of the Port Angeles Municipal Code. THE CITY COUNCn. OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: Section 1. Chapter 13.44, Water Rates, ofthe Port Angeles Municipal Code is hereby amended by amending Sections 13.44.010, 13.44.030, 13.44.070, and 13.44,090 to read as follows: 13.44.010 Monthlv Residential Flat Rate. The monthly residential flat rate for each service shall be as follows: A. $29.00 on bill beginning July 1,2002 D $30.15 on bills beginning JanuM) 1,2003. C. $31.40 on bills beginning January 1,2004. D. $32.30 on bills beginning JMltlMy 1,2005. A. $38.45 on bills beginning Januarv 1. 2006. 13.44.030 Monthly Industrial Metered Rate - Within City. A. For the purposes of this section, "industrial customers" are defined as customers whose average monthly potable water consumption is in excess of three hundred fifty thousand cubic feet per month, where such average is computed by dividing total annual month period by twelve; provided, that this rate shall not apply to public wholesale customers of the City, whose rate shall be established by contract as set forth in P AMC 13.44.060. B. Metered consumption shall be as follows: 1. $.80 fOl cc\"h one lammed "ubic ket consl1nlc.d vn bills beginn~llg JMltlMY 1,2002. 2. $.83 fOl each one hanchcd cubic feet consumed on bills beginning JM1l1My 1,2003. 3. $.87 fOl cach one hunched wbk fret eOllsmned on bills beginning JaJ.1UMy 1,2004. 4. $.89 fOl "ach one htmdted "ubic feet consumed on bills begilming January 1,2005. 1. $1.06 for each one hundred cubic feet consumed on bills beginning Januarv 1. 2006. -1- 'I' 13.44.070 - Rates - Temporary Water Use. A. For billing purposes where two or more premises are served on a temporary basis through a single meter, each shall be considered a separate premises. B. The use of water for construction purposes shall be allowed, where available, to construct or reconstruct any building or structure or settle trenches or fills. Before commencing such usage, application therefor shall be made to the Department and a fee shall be paid in the following amount: 1. $31.20 tmtil December 31, 2002. 2. $32.45 bcginnin~ January' 1,2003. 3. $33.75 beginning January 1,2004. 4. $34.75 beginllin~ January' 1,2005. . 1. $41.35 beginning January 1. 2006. Water used shall be paid for at a rate described in Section 13.44.050. 13.44.090 Service Charge. Whenever the Department responds to a request outside of regular working hours for assistance to investigate a deficiency in water service to any premises and it is determined that the deficiency is the result of improper operation or maintenance of the customer's plumbing, a charge will be made to defray a portion of the cost of responding to the request in the following amount. 1. $125.00 nntil Dc.cc.mbcr 31, 2002. 2. $130.00 beginning Jalluo.\i' 1,2003. 3. $135.20 beginning Jarmary 1,2004. 4. $139.25 beginning January 1,2005. 1. $165.70 beginning January 1. 2006. Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction ofthe scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 3 - Severability. Ifanyprovisions of this Ordinance, orits application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 4 - Effective Date. This Ordinance shall take effect January 1,2006. PASSED by the City Council of the City of Port Angeles at a regular meeting of said -2- ~ Council held on the 20th day of December, 2005. Richard A. Headrick, Mayor ATTEST: APPROVED AS TO FORM: Becky J. Upton, City Clerk William E. Bloor, City Attorney PUBLISHED: December 25. 2005 By Summary G:\Legal_Backup\ORDINANCES&RESOLUTIONS\2005-51. WaterServiceRates. 121905 .wpd December 19, 2005 -3- . . . n~TERLOCAL COOPERATION AGREE~v1ENT Establishing A Method For Wastewater Collection and Treatment Services Extension To The Port Angeles Eastern Urban Growth Area THIS AGREEMENT is executed by and between Clallam County (''the County") and the City of Port Angeles (the "City") (the County and the City are collectively referred to herein as "the Parties") for the purpose of providing for cooperative planning and engineering for the extension cif City wastewater collection and treatment services to the City's Eastern Urban Growth Area (EUGA). WHEREAS, the Parties have cooperated in developing and adopting a plan for the phased annexation of the EUGA; and WHEREAS, the Parties agree that extension of the City's wastewater collection and treatment services meet the future needs of the residents, businesses, and institutions within the EUGA; and WHEREAS, this agreement promotes the best interests, health, safety and welfare of the County, the City and the citizens of the area, and protects the natural environment and establishes the institutional arrangements needed to protect the interests of the County, the City, the residents, businesses, and institutions within the area; and WHEREAS, the County agrees, subject to the terms of this agreement, to fully fund the development of a financing plan for extension of the City's wastewater collection and treatment services into the City's Eastern Urban Growth Area; and WHEREAS, the plan assures cooperation between the County and the City and is in the best interests of residents and businesses within the area; and .WHEREAS, by entering into this interlocal agreement, the Parties can more effectively and efficiently satisfy the needs of the residents and businesses within the area and provide services for growth in the area; and WHEREAS, the P~ies are authorized and empowered to enter into this Agreement pursuant to Chapter 39.34 RCW, 86a Yage"'l-ot b THEREFORE, in consideration of mutual promises and covenants herein, the Parties agree: . Section 1. Planning for Wastewater Collection and Treatment Services Extension. A. The parties agree that it is in the best interests of the City, the County, and the residents of the area to extend City wastewater collection and treatment services into ~~EB9~,;,":I'l1~:parties agree that they will cooperate and work toward that goat_1J:le::I>~es"goal is, to have functional wastewater collection and treatment services,extended into the EUGA in 2007. B. As a first step, it is necessary to plan for financing the wastewater collection and treatment services extension. For that purpose the parties agree that they will use the services of an independent, professional consulting firm to study and prepare financing recommendations and alternatives. c. The City and the County together shall cooperate and develop the scope of work to guide the consulting firm. They have agreed upon the maximum fee to be paid to the consultant for this work. The scope of work and the cost for the consultant services are attached to this agreement. The City is responsible for contracting with a consulting firm to execute the work. The County will reimburse the City for the fees paid to the consulting firm'for that purpose, up to the amount detailed in the attachment. . Section 2. Engineering for Wastewater Collection and Treatment Services Extension. A. To meet the goal of extending functional wastewater collection and treatment services extended into the EUGA by the middle of 2007, the parties recognize that it is necessary to promptly commence initial engineering for the wastewater collection and treatment services extension. For that the parties agree that they ---will---use-the ~ervlces of the consulting firm contracted by the City to prepare engineering recommendations and alternatives. B. The City and the County together shall cooperate and _ develop the scope of engineering work for the consulting firm contracted by the City. They shall agree upon the maximum fee to be paid to the consultant for this work. The City shall then be responsible for contracting with the consulting firm contracted by the City to execute the engineering work. The County will reimburse the City for the consultant fee paid to the consulting finn contracted by the City for that purpose. -86b . .pag-e 1; 01 0 r' . Section 3. Responsibilities oflli€;; County'. A. The County shall work diligently and qooperatively with the City to extend City wastewater collection and treatment services into the EUGA with the goal of having the functioning collection services installed not later than 2007. B. The County shall work cooperatively with the consulting firm contracted by the City and with the City to implement a plan to finance the extension of the wastewater collection and treatment services to the EUGA. The Parties intend that the entire funding for the project will be provided by the County. C. Subject to the obligation of the parties to agree upon a financing plan as provided in Section 5.A. below, the County shall work cooperatively with the consulting firm contracted by the City and with the City to commence engineering for the extension ofthe wastewater collection and treatment services to the EUGA. D. Subject to the obligation of the parties to agree upon a financing plan as provided in Section 5.A. below, the County shall finance and fund extension, and the planning and engineering for the extension, of the City's wastewater collection and treatment services into the City's EUGA. . Section 4. Responsibilities of the City. A. The City shall work diligently and cooperatively with the County to extend City wastewater collection and treatment services into the EUGA with the goal of having the functioning collection services installed not later than 2007. B. The City shall contract with a consulting firm to develop financing alternatives for extension of wastewater collection and treatment services into the EUGA. C. Subject to the obligation of the parties to agree upon a financing plan as provided in Section 5.A. below, the City shall contract a consulting firm to develop engineering for extension of wastewater collection and treatment services into the EUGA. D. The City shall, as soon as reasonably possible, develop a schedule of connection fees and service fees that the City will charge for wastewater collection and treatment services in the EUGA. The City shall provide this information to the County and to the consulting firm contracted by the City as soon as it is available. E. The Parties anticipate that the City will not provide any funding for this project. The Parties expect that the County will, through the "Opportunity Fund". and other monies available to the County, provide all funding for the project. Nevertheless, the Parties recognize that unanticipated circumstances could arise that require the City to pay certain miscellaneous and incidental costs associated 87c , . rage"'3'"'ot () "Ill with limited elements of the project. Therefore, in the event and to the extent a . limited City contribution to financing is required by the plan contemplated in Section 5.A. below, the City shall contribute to financing. F. As necessary to secure grant funding for the project, the City will join the County in applying for CERB grants, CDBG funding, and other sources of grants and low interest loan funding for the project. Section 5. Joint Responsibilities. A. The parties will jointly develop and agree upon the plan to fully fund extension, and the planning and engineering for the extension, of the City's wastewater collection and treatment services into the City's EUGA. B. From this date forward, both parties will maintain project accountings that will include staff time for the project. The parties agree that staff time of both the City and the County should be charged as a project cost. To be reimbursed as a project cost, staff time must be reasonably necessary for the project and documented. C. The parties will work cooperatively to secure right-of-way necessary for the extension of the wastewater collection and treatment services into the EUGA. . Section 6. Duration of Agreement. This Agreement shall become effective immediately upon approval by the Board of Commissioners of the County and the Council of the City. It shall remain in force for 3 years from the date that it is first effective or until its purposes have b~enaccomplished, whichever occurs"first. This Agreement shall automatically be extended for a period of two (2) years unless one party gives notice within eighteen (18) months prior to the expiration of the original three (3) year term, and in writing, that it does not desire to extend the agreement Section 7. Miscellaneous Provisions A. Effective Date: This Agreement shall take effect the first date on which all Parties have taken all necessary action to authorize and execute this Agreement. , B. Amendment. This Agreement may be amended only in writing and only by agreement of both Parties. 86d . rage "f or 0 . . . Non- \V aiver: No waiver by any p~rt<j of any term or condition of this Agreement shall be deemed or construed to constitute a waiver of any other term or condition or of any subsequent breach whether of the same or of a different provision of this Agreement. r'I ....... D. No Third-Party Beneficiary: This Agreement is entered into to protect the public health, safety and welfare of the residents of the City and County and to promote the effective and efficient annexation of the EUGA. This Agreement is not entered into with the intent that it shall benefit any party not signing this Agreement, and no other person or entity shall be entitled to be treated as a third- party beneficiary of this Agreement. E. Counterparts: This Agreement may be executed in two or more counterparts, and each such counterpart shall be deemed to be an original instrument. All such counterparts together will constitute one and the same Agreement. F. Filing: Promptly upon execution, the County shall file this agreement with the County Auditor as required by Chapter 39.34 RCW. IN WITNESS HEREOF, this Agreement is executed by Clallam County and by the City of Port Angeles, Washington. Dated this _ day of December 2005. CITY OF PORT ANGELES Gary Braun, Deputy Mayor Attest: Becky J. Upton, City Clerk 86e .page-;} w 6 Dated this _ day of December 2005. CLALLAMCOUNTYBOARDOF COMMISSIONERS Mike Chapman, Chair Approved as to fonn: William E. Bloor, City Attorney Attest: Trish Perrott, Clerk of the Board Approved as to form: Mark Nichols, Deputy Prosecuting Attorney G:\LegaI_Backup\AGREEMENTS&CONTRACTS\2005' 86frmtracts\EUGA.Sewer Interlocal.120905a.doc Pageoor 0 ~-, . . . . . . WASHINGTON U.S.A CITY COUNCIL MEMO DATE: December 20, 2005 To: CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works and UtilitiesfYV\. Amendment to Brown and Caldwell Consulting Agreement Subject: Summary: On February 17,2005 the City executed a consulting services agreement with Brown and Caldwell for engineering services related to the City's Wastewater, and combined sewer and stormwater systems. To facilitate the feasibility study of the Eastern UGA Wastewater system, an amendment to this agreement is necessary. The UAC supported the amendment and recommended forwarding to Council for action. Recommendation: Approve and authorize the Mayor to sign Amendment No.2 to the Agreement for Professional Services with Brown and Caldwell in the amount of $34,588 Reimbursed b Clallam Coun , for a total contract amount not to exceed $249,288. Background/Analysis: On February 17, 2005, the City signed an Agreement for Professional Services with Brown and Caldwell to provide continuing assistance in negotiations with the Department of Ecology for approval of an update to our CSO Reduction Plan, complete the re., rating of the Wastewater Treatment Plant, and additional directed services. Amendment No. I added a fourth task to provide assistance with development of a Sewer Facility Plan and to provide the necessary elements to fulfill the requirements of the State Environmental Review Process (SERP). This amendment, Amendment No.2, adds an overall task to perform a feasibility study in the Eastern UGA. This feasibility study will evaluate five subtasks; 1- Validate the best interceptor route. 2 - Validate interceptor cost estimate. 3 - Validate interceptor project schedule. 4- Evaluate outside funding opportunities. 5- Develop project financing plans. Total cost of the feasibility study will be $34,588, which will be reimbursed by Clallam County, as specified in the Interlocal Agreement between the City and Clallam County. The UAC supported the amendment and recommended forwarding to Council for action. Staff recommends approval of Amendment No.2 to the Brown and Caldwell Agreement. 87 N:\CCOUNCIL\FlNAL\B & C Amendment No 2 Re EUGA.doc . . . 88 . FORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: December 20, 2005 FROM: MAYOR AND CITY COUNCIL Dan McKeen, Fire Chief ~- To: SUBJECT: Controlled Medications Interlocal Agreement with Clallam County Fire Dist. #2 Summary: Both the Port Angeles Fire Department and Clallam County Fire District #2 paramedics utilize various controlled medications during the treatment of patients. The Port Angeles Fire Department maintains a stock of these medications and has extensive approved controls in place for the inventory and disbursement of these medications. Clallam County Fire District #2 is primarily a volunteer organization with a relatively low usage of controlled medications. In order to increase operational effectiveness, eliminate an unnecessary duplication of inventories, and meet Medical Program Director directives, Clallam County Fire District #2 proposes to utilize the Port Angeles Fire Department controlled medicine inventory. An interlocal agreement for this use has been reviewed and approved by the City Attorney and includes a hold-harmless agreement. There is no cost to the Port Angeles Fire Department to make this accommodation. . Recommendation: Authorize the City Manager to sign the Interlocal Agreement Back2:found / Analvsis: Paramedics routinely utilize a number of different medications during the course of patient treatment. Some of these medications are controlled substances and there are strict guidelines in place for their dispensing and storage. Paramedic-staffed emergency response vehicles carry a ready supply of controlled medications. These medications are kept in a secured location on the vehicle and they are inventoried on a daily basis according to a system of controls that have been approved by the County Medical Program Director. . For many years, local paramedics from the County's three paramedic agencies have utilized the pharmacy at Olympic Medical Center (OMC) for the replenishment of controlled medications on an as-needed basis. After an emergency call, paramedics would submit a request with the OMC pharmacy and the medications that were used were replaced. Over the years, call volume has increased significantly and the pharmacy at OMC has had a difficult time meeting the immediate replenishment needs of emergency responders - especially after hours. For these reasons, the OMC pharmacy is no longer able to provide this as-needed replenishment service. 89 Mayor and City Council Page 2 December 20, 2005 . In order to increase the effectiveness of the controlled medication replenishment system, the Medical Program Director has tasked two emergency response agencies - the Port Angeles Fire Department and Clallam County Fire District #3 - with the responsibility to maintain a local inventory. The OMC pharmacy would then provide medication replenishment by agency, instead of to individual response units. In order to follow the instruction of the Medical Program Director, the Port Angeles Fire Department has established a secure inventory of controlled medications at the fire station. The methods of storage and the procedures for dispensing of these medications have been reviewed and approved by the Medical Program Director. Clallam County Fire District #2 (CCFD#2), a primarily volunteer organization, has several paramedic-qualified personnel who respond to calls for emergency services. These volunteer paramedics have the same need for controlled medications, however usage by CCFD#2 has historically been significantly less than that of the Port Angeles Fire Department. Understanding that Clallam County Fire District #2 paramedics face the same replenishment issues at the OMC pharmacy, and knowing that the usage is limited, the Medical Program . Director has asked that Clallam County Fire District #2 paramedics utilize the controlled medicine inventory that is. currently, maintained by the Port Angeles Fire Department. This arrangement will be significantly mote efficient and timely and it will have the added benefit to the Medical Program Director of limiting the number of local inventories. In order to allow this use, an interlocal agreement has been drafted. This interlocal agreement has been reviewed and approved by the City Attorney. There is no added expense to the Port Angeles Fire Department for the provision of this service, and in fact it provides another example of the increased efficiencies that can be achieved through functional consolidations between Clallam County Fire DistriCt #2 and the Port Angeles Fire Department. Attachment: Agreement .'/ 90 . . . INTERLOCAL AGREEMENT FOR ACQUISITON, ADMINISTRA nON AND SECURITY OF CONTROLLED MEDICATIONS This Agreement is entered into this 9th day of August 2005, between the City of Port Angeles (hereinafter "City") and Clallam County Fire District #2 (hereinafter "District"). A. Purpose As directed by WAC 246-976-920, the Clallam County Medical Program Director is responsible for the development of protocols and procedures for storing, dispensing, and the administration of controlled medications, in accordance with federal and state regulations and guidelines. The City, District and the Clallam County Medical Program Director have determined that in order to provide the highest level of emergency medical care to the general public within our respective boundaries, it is desirable to establish a single central Clallam County resource for the procurement, dispensing and record maintenance associated with controlled medications. The City, District and Clallam County Medical Program Director have further determined. that the logical resource for the procurement, dispensing and record maintenance associated with controlled medications would be the City of Port Angeles Fire Department. In consideration of the terms, conditions and covenants and performance contained herein, the parties mutually agree to adhere to the following policy. B. Policy It shall be the responsibility of the District to assure that each paramedic complies with this policy. C. Procedure 1. Field Inventory 1.1 Each controlled medication drug box shall be stocked as directed by the Clallam County Medical Program Directors and Northwest Regional Protocols. 1.2 The content of each controlled medication drug box is an extension of the City of Port Angeles Fire Departments controlled medication inventory. 91 2. Storage by District 2.1 All controlled medications in the possession of the District will be in a . substantially constructed locking cabinet for storage within the confines of the ALS unit. 2.2 Access shall be limited to paramedic personnel assigned to the ALS unit, those personnel working under his/her supervision, the City of Port Angeles Fire Department controlled medication control officer or his/her designee. 2.3 All medications will be stored in compliance with the manufacturer's recommendations. 3. Security 3.1 Where staff is available on a daily basis, said staff must do daily verification and inspections of all controlled medications located at that location. Medication counts are to be recorded on verification logs. 3.2 Where controlled medications are maintained at unmanned locations monthly verification and inspections must be performed. Medication counts are to be recorded on verification logs. 3.3 In the event of an unaccounted discrepancy, a City or District chief officer and the City of Port Angeles Fire Department controlled medication control officer or must be notified as soon as possible. The discovering personnel shall remain on scene until a Controlled Medication Unusual Incident Report has been completed. A copy of this report must be forwarded to both Fire Chiefs of City and the District within 24 hours. 3.4 In the event of theft, loss or diversion of controlled medications, local law enforcement must be notified. All City and District personnel will work in conjunction with local law enforcement and the City of Port Angeles Fire Department controlled medication control officer to develop an written report concerning the incident, along with a completed DEA-I06 form to submit to the Medical Program Director, who will forward the report and form to DEA, and copy of each to the Board of Pharmacy and other agencies as required. . 4. Administration/Waste/Documentation of Controlled Medications 4.1 Administration of controlled substances will be governed by the Northwest Regional Patient Care Protocols and on line physician orders. 4.2 Any medication remaining after prehospital therapy is terminated must be wasted. The waste must be witnessed and documented on the Medical Incident Report. 4.3 Documentation of controlled substance usage on the MIR will comply with EMS policy and include the following additional information: Date; patient name; signature of administering paramedic; name of ordering physician, if applicable; name and strength of medication;-amount administered; amount destroyed; signature of destroyer and witness. . 92 . . . 4.4 In the event of breakage or other contamination of a medication making it unusable, the paramedic shall submit a Controlled Medication Unusual Incident Report to the City of Port Angeles Fire Department controlled medication control officer within 24 hours. 4.5 In the event that a medication is opened but not used, the paramedic is to waste the medication according to procedure with documented witness. The paramedic shall submit a Controlled Medication Unusual Incident Report to the City of Port Angeles Fire Department controlled medication control officer within 24 hours in conjunction with the MIR. 5. Replacement of Controlled Medications: 5.1 Replacement of controlled medications will be processed through the City of Port Angeles Fire Department. 5.2 A copy of the completed Medical Incident Report, Paramedic Controlled Medication Use Form and the broken drug box security tag will be presented for to the City of Port Angeles Fire Department controlled medication control officer or his designee for medication replacement within 48 hours of use. 5.3 In the event of breakage or other waste not associated with patient usage a completed Controlled Medication Unusual Incident Report Form and the broken drug box security tag will be presented for to the City of Port Angeles Fire Department controlled medication control officer or his designee for medication replacement within 48 hours of use. 6. Quality Assurance / Compliance 6.1 City of Port Angeles Fire Department will maintain copies of all Medical Incident Reports, Paramedic Controlled Medication Use Forms, Controlled Medication Unusual Incident Reports and verification logs for a period of at least 2 years. 6.2 The MPD, or his designee, shall review the Medical Incident Reports, Paramedic Controlled Medication Use Forms,. Controlled Medication Unusual Incident Reports and verification logs periodically to ensure appropriate usage, and documentation is maintained. 7. Cost Responsibility 7.1 Each party shall be responsible for the initial and on-going replacement costs that may occur of all controlled medications assigned to their emergency response units. 7.2 Each party will ensure that appropriate hospital patient billing occurs to minimize this cost. 7.3 The District agrees to reimburse the City for all controlled medication costs associated with use and maintenance that occurs within the District. 93 8. Mutual Hold Harmless The District shall defend, indemnify, and hold harmless the City, it's officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits, including a!torney fees, arising out of or in connection with the District's performance or failure to perform under this agreement, except for injuries and damages caused by the sole negligence of the City. . The City shall defend, indemnify, and hold harmless the District, it's officials, employees, and voluriteers harmless from any and all claims, injuries, damages, losses, or suits, including attorney fees'iarising out of or in connection with the City's performance or failure to perform under this agreement, except for injuries and damages caused by the sole negligence of the District. 9. Duration The duration of this agreement shall be for one year. However, the agreement shall be automatically continued from year to year unless terminated as provided below. 10. Termination Either party can terminate this agreement by providing a letter of intent to terminate with not less than 30 days notice prior to.ithe termination date. Said letter shall be s~nt to the chief of the affected jurisdiction. . City of Port Angeles Clallam County Fire District #2 By: By: Mark Madsen, City Manager Dave Whitney, Chairman ----Attest. -----By.. Richard Ruud, Commissioner By: Dan McKeen, Fire Chief By: Bill Doran, Commissioner Approved as to form: Attest: By: William Bloor, City Attorney M. Joan Noal, District Secretary . 94 . DATE: To: FROM: SUBJECT: ~ORTANGEtES WAS H I N G TON, 'U. S. A. CITY COUNCIL MEMO December 20, 2005 The Reserve at Valley eek PRD and Subdivision Summary: There is no information in the Council packet regarding the Reserve at Valley Creek PRD/subdivison. Recommendation: None . . Back2round I Analvsis: The applicant for the Reserve at Valley Creek PRDlsubdivision has requested a continuance of the matter to the January 17,2006, City Council Meeting. . 95 . . . 96 . FORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: December 20, 2005 To: CITY COUNCIL FROM: NATHAN A. WEST ;" 1) PRINCIPAL PLANNER SUBJECT: Downtown Parking Facility Summary: Staff study regarding purchase ofNiichel property for public parking. Recommendation: Authorize the acquisition of Niichel property for public parking by adoption of the attached ordinance, findings, and conclusions (attachment A). . Backe:round I Analvsis: On December 6,2006 City Council conducted the first reading of the proposed ordinance approving the purchase of the Niichel property for off street parking. Council further directed staff to prepare a parking study in relation: to a parking facility in this location. It is anticipated that further parking demand will be created by completion of the proposed Gateway Multi-Modal transportation project and future development of the Oak Street property. An appropriately designed pedestrian friendly and transit oriented parking facility would complement and directly contribute to the intent of the Gateway project. The availability of convenient parking would encourage the use of mass transit including buses and ferries. A parking facility will mitigate the loss of parking due to construction of Gateway Transit Center bus lanes and associated facilities. Centrally located parking would promote the walk-ability of Downtown. Additionally, it is in the public's interest to reduce the number of parking lots in the Downtown area by consolidating parking. Concentration of parking may allow for the aggregation of Downtown properties into more developable parcels that provide opportunities for new economic development. The attached study provides an inventory of Downtown parking and land uses as well as a summary of parking needs. Four alternatives have been identified in the study (attachment B) as parking facilities for the Niichel site. Attachments: A. B. Draft Ordinance with findings and conclusions in support of a centralized parking structure Parking Study . 97 ~-- . . . 98 . ORDINANCE NO. AN ORDINANCEoftheCityofPortAngeles, Washington approving the purchase ofthe Niichel property to be acquired in part for off- street parking. "WHEREAS, the City of Port Angeles, City Council conducted a public hearing on December 20th, 2005 for consideration of the purchase of property to be acquired, in part, for off- street parking; and "WHEREAS, as a result of the comments, testimony and evidence presented, the Council finds that it is in the best interest ofthe City to approve the purchase of the property; and "WHEREAS, a Comprehensive Parking Plan for downtown parking, originally approved' . in 1998, has not been updated, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAlN as follows: . Section 1. The attached findings and conclusions, marked Exhibit A, are incorporated herein by this reference, approved and adopted. Section 2. The City Council approves the purchase of the property, to be acquired, in part, for public parking. Section 3. The plan for fmancing the acquisition of the property presented at the December 6,2005, Council meeting as part of the 2006 budget is incorporated herein by this reference, approved and accepted. Section 4. The alternatives presented for parking facilities marked Exhibit B, are . incorporated herein by this reference, adopted and approved. 99 -1- Section 5. Effective Date. This ordinance shall take effect five days following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the _ day of ,2005. Richard A Headrick, Mayor ATTEST: APPROVED AS TO FORM: Becky J. Upton, City Clerk PUBLISHED: By Summary William Bloor, City Attorney G:\Legal_ Backup\ORDThlANCES&RESOLUTIONS\2005-50.NiicbelProp2-12-15-05.wpd 100 -2- . . . Exhibit A Findings and Conclusions in Support of Downtown Parking Facility - CITY OF PORT ANGELES Findin2s 1. Several studies have been done to ascertain parking needs in the Central Business District (CBD) commonly referred to as downtown. 2. In 2002, the City contracted for a study to determine parking needs in the Port Angeles CBD. The resulting study was entitled "Ravenhurst Development Inc. Parking Garage Feasibility Study" and identified the need for short term parking for ferry travelers and tourism. 3. The Ravenhurst study predicted that the City's proposed Gateway project and the Oak ) Street project are anticipated to result in a shortfall of250 parking spaces for tourists and ferry passengers during peak summer months. 4. The Ravenhurst study indicated that additional parking is necessary for regular Downtown public events, including summer concerts and festivals. 5. Heavy ferry parking is mainly a seasonal problem that is particularly significant 3 to 4 months of the year as well as holidays and weekends. Summer-months include additional ferry traffic With the addition of a passenger only ferry to Victoria. 6. "The December 1994 Por(Angeles Multimodal Transportation Project Action Plan Report" recommends shared use parking structures to allow for parking during peak demand. It further recommended that parking be increased for businesses and long- term ferry parking. 7. The 1998 "Downtown Parking Development Management Plan" prepared by the Port Angeles Downtown Association identifies policies in support of Downtown parking structures. Policy 11 of that document states that: There should be no permanent loss of parking spaces in the Downtown. 8. In accordance with the City's Comprehensive Plan Land Use Element, Goal F, Policy 4, Objective 4, "The City will consider various parking options to mitigate parking impacts from the Gateway Project and other Downtown projects." 9. Transportation Element Goal B Policy 16 "Parking requirements should make allowances for shared parking facilities." 1 O. Capital Facilities Element Goal E supports parking structures as they aid in the reduction of impervious surfaces. I:\Gateway\Parking Facility Memo to City Council2.doc 101 11. The CBD encourages a variety of uses including mixed residential and commercial as well as office and hospitality uses that are currently restricted due to the limitation of ~~~. . 12. Pedestrian oriented Downtown areas are historically enhanced by centralized parking that can stimulate the development of open space and plaza areas that would otherwise be needed for parking. In an auto oriented society it is important to provide parking that is convenient but also encourages people to stay longer due to its convenient, centralized location. 13. Private enterprise has been unable to develop parking structures or areas that can adequately provide large scale parking inthe CBD although such a plans have been discussed for more than twenty (20) years. Conclusions: 1. A parking facility is necessary to mitigate the construction of Gateway and future Oak Street Developments. 2. The development of a centralized parking facility contributes to creating a transit oriented and pedestrian friendly Downtown. 3. Construction of a parking facility will reallocate space for new development Downtown. It will also encourage additional consolidated economic development . opportunitiesin theCBD,that do not now exist. Infill and the consolidation of properties is in compliance with the Comprehensive Plan and long range planning goals for healthy economic development and is therefore in the public interest. 4. The proposed parking facility will benefit the public by providing adequate parking for a variety of Downtown uses. 5. The expansion and diversification of a variety of uses and activities in the Downtown will be greatly enhanced by development of a consolidated parking facility in a centralized location. . 102 . . . . \(:~~l~!i[;:(I}'l~~',~t' ,~~~~':i~~~\~~~~~~l~" '-;';"'f }~'!;'~f~}-t,,_ \ ; c \.'< .".!'~"-C Attachment B . ..... (Exhibit;~) Downtown" Parkillg;f~:~~ci I itY~t. Analysis ati'd'Nee~;~1~ttJdy2'P65 ;,*. Anticipated Pagking "Jeed~';basedon,; Gateway andOaJ{" Stre.et D'evelopment ;~ Prepared by the City, ofP6rt~rig~les ... ....... ' .Communityand Economic Develojml~nt DepartmentC: i !fJ3 . . . jot! . Downtown Parking Facility Analysis and Need Study 2005 Anticipated Parking Needs based on Gateway and Oak Street Development Table of Contents I. Executive Summary 2 II. Inventory of Existing Parking 3 III. Inventory of Land Use 4 IV. Parking Needs 5 . V. Parking Alternatives 6 VI. Conclusion 8 . //)5 Executive Summary . The purpose of this study is to determine the parking needs and feasibility in relation to the purchase of the Niichel Property in Downtown Port Angeles. The study is not intended to plan for or replace the "1998 Downtown Parking Development Management Plan" as prepared by the Port Angeles Downtown Association. Instead it considers the impact of developing the Gateway site and Oak Street. In anticipation of the development of the Gateway and Oak Street properties parking concerns must be addressed in the downtown area. Both projects will result in an increased parking demand and a net loss in Downtown parking. Additionally, these developments create an opportunity for a shift in the functional transportation system of downtown, encouraging a more transit friendly and walk-able environment. Parking is an integral component of making these developments work. There is a significant need for parking in relation to transit and public uses, which are ultimately the responsibility of the government entities involved with the Gateway project. As a result of these upcoming projects the Department of Community and Economic Development undertook a parking and land use analysis of the downtown area. Efforts included a walkthrough inventory of the downtown area. City staff identified uses, approximate square footage and business names for downtown buildings from Lincoln Street to Valley Street. Additionally, both on- street and off-street parking was inventoried by lot and; block. Though conducted . with limited resources and a restricted timeframe, the following study identifies needs for a consolidated parking facility in the Downtown. . Downtown Parking Facility Analysis and Need Study 2005 - NiichelSite /DIo 2 " . Inventory of Existing Parking Site Specific The Gateway and Niichel sites are presently configured with 293 parking spaces. The gateway site hosts approximately 165 spaces including 70 in the city lot, 10 on the Voang property, and 85 on the Heckman property. The Niichel site consists of 45 spaces presently used as the budget car lot, 19 on the Niichel Restaurant site and 64 in the Niichel owned Budget garage structure. The Oak Street site presently contains 105 parking spaces. Five of these spaces are designated for RV parking. Downtown Parking is distributed throughout the Downtown area providing multiple public and private lots. Parking lots in Downtown have a capacity of approximately 1,452 spaces. This number does not include parking for the Red Lion Inn. On-street parking is available on most Downtown streets with a total of 268 spaces. Overall, there are approximately 1,720 downtown parking spaces between Lincoln Street and Valley Street. The map below details parking by block in the downtown area. Street parking is also identified. Legend ~ Street Parking _ Parking By Block ~ . . Downtown Parking Facility Analysis and Need Study 2005 - Niiche/Site 3 /07 Inventory of land Use . Site Specific The Gateway site is presently used for both downtown business parking and short and long term ferry parking. Spaces presently on the site are both leased to private business owners and available for public parking permits. The Gateway site is surrounded by retail and restaurant uses including two restaurants to the north and a restaurant and retail shops to the south. The adjoining Niichel owned property contains a rental car office, parking garage, intra-city bus line, art gallery and restaurant. The overall use of the site primarily serves ferry transit. The Oak Street property is presently utilized for parking and the Clallam Transit Bus Terminal. A fish-processing pier is located north of the site and the City Light Building and Copy Plus are located directly to the south. Downtown A brief land use inventory was conducted of downtown buildings. It was found that the downtown area has a wide range of commercial, industrial, and residential uses. There are approximately 51 buildings that have a predominately retail use. A total of 15 buildings have a Restaurant/Bar use and 14 buildings are predominately office use. Included in the area are 4 buildings, which support residential uses and providing approximately 77 units for the downtown area. There are an additional 43 buildings in the downtown area that consists a wide variety of uses including public facilities, warehouses, and ancillary structures. It is noteworthy that numerous buildings in Downtown have multiple uses and in many cases have vacant or unused space. Where possible each respective use and occupying business in each structure was identified. . Building Use Downtown (reflects primary use of building only) _ Industrial _Office ~--] Residential .. Restaurant _Retail D Other ~ . Downtown Parking Facility Analysis and Need Study 2005 - Niiche/Site /{;f 4 I . Based on the present parking requirements established by the City of Port Angeles Municipal Code (Section 17 Table A), substantial parking would be required for the downtown area. Requirements suggest that a total of 3,075 spaces are required for the existing uses in the downtown area. When compared to the 1,720 available spaces it would appear that available Downtown parking is insufficient. However, it should be noted that parking facilities can be shared when the times for business uses vary. In June of 1993 the City of Port Angeles delegated the management of downtown parking to the Port Angeles Downtown Association (PADA). PADA prepared a downtown parking development and management plan, which was adopted in 1998. The plan did not find a shortage of parking in downtown but did indicate that no parking should be lost and new consideration should be given for additional parking for Flew projects such as the Gateway or a multi-modal transit project. Parking Needs Replacement of Parking Loss . The Gateway project will result in a loss of 106 spaces. Development of the Oak Street property will result in a loss of 105 spaces. The 2002 "Ravenhurst Development Inc. Parking Garage Feasibility Study" identified the need for short term parking for ferry travelers and tourism in the Downtown area. The Ravenhurst study noted that the Gateway project and the Oak Street project are anticipated to result in a shortfall of 250 parking spaces for tourists and ferry passengers during peak summer months. The report established that additional parking is necessary for regular Downtown public events, including summer concerts and festivals. The 1998 "Downtown Parking Development Management Plan" established policies in support of Downtown parking structures. The plan also indicated that there should be no net loss of parking spaces in the Downtown. Based on review of the above studies, a minimum of between 211 and 250 parking spaces should be provided to accommodate the loss in parking in these respective downtown location. Transit Based Parking Needs . The availability of convenient parking would encourage the use of mass transit including busses and ferries. When creating parking in relation to multi- modal transit facilities, convenience and time of transfer are critical components of determining the location of parking facilities (Beebe, et al). Centrally located parking would promote the walk-ability of Downtown. Numerous studies have been conducted which establish a critical nexus between transit service, parking and the development of walk-able communities. As noted by the King County Land Use, Transportation, Air Quality and Health Study, Downtown Parking Facility Ana/ysis and Need Study 2005 - Niiche/Site 5 lot{ "Transit and walking go together - people choose to walk more when transit . choices are near." Such choices include the ability to park within close proximity of transit centers. "The Port Angeles Multi-modal Transportation Project Action Plan Report from December 1994 recommended shared use parking structures to allow for parking during peak demand. It further recommended that business and long term ferry parking be increased in the Downtown. The plan noted that additional ferry parking is a seasonal problem that is significant only 3 to 4 months of the year as well as holidays and weekends. Based on other jurisdictions in the United States, parking requirements for mass transit terminals can range from one space for every 200 square feet to one space for every 600 square feet (Bergman). Considering the Gateway facility could be comprised of up to 52,000 square feet, parking requirements for the facility alone would range between 87 and 260 spaces. As a result of both parking loss and transit facility needs, a minimum of 298 spaces would help Downtown maintain its existing level of service for parking. This would include 87 spaces for the transit facility and 211 replacement spaces for Gateway and the Oak Street site. Parking Alternatives Alternative 1 No Structure Alternative (maintain existing buildings)" This alternative would result in a loss of 106 parking spaces from the gateway site. The Niichel site would be maintained in its existing state with no buildings removed and no parking structure constructed. This alternative would eliminate the need for building demolition and allow for a total of 187 parking spaces. It would not provide for replacement with regard to Oak Street Parking which would be lost to future development of the site. . Alternative 2 No Structure Alternative (remove existing buildings) Alternative 2 provides for the elimination of buildings on the Niichel site resulting in a gain of 64 spaces compared to Alternative 1 but will still result in a loss of 42 spaces for this site. As with Alternative 1 this approach would not replace Oak Street Parking lost to future development of the site. Alternative 3 Two level Structure A multi-storied structure has added benefits in that it provides additional parking while improving the efficiency of the site. This alternative would result in a total of 289 parking spaces only 4 spaces short of the number of existing spaces. This alternative would consist of a 2 story facility with access to the first level on Railroad Avenue and access to the second level on Front Street. . Downtown Parking Facility Ana/ysis and Need Study 2005 - Niiche/Site 6 lit) . ~ ~ w.' s . Alternative 4 Three level Structure The most beneficial approach would be to construct a 3 story parking facility. However, this approach would also be the most costly for construction per parking space gained. Such a structure would replace all of the 293 existing spaces on the Gateway and Niichel sites. Additionally, it would replace all but 7 of the spaces lost by potential Oak Street Development. . It should be noted that for all of the alternatives, multiple variations and detailed parking space engineering alternatives were not analyzed due to the limited scope of this study. Downtown Parking Facility Analysis and Need Study 2005 - NiichelSite 7 /1/ Conclusion . As a result of this study, two primary needs have been established for a parking facility in the Downtown area including the potential loss associated with the development of existing parking areas and the need for parking in support of a multi-modal transit facility. Several studies have been conducted that have identified the need for additional parking in downtown Port Angeles. Further parking demand will be created by completion of the Gateway project and the development of the Oak Street property. An appropriately designed pedestrian friendly and transit oriented parking facility would complement and directly contribute to the intent of the Gateway project. It is in the public's best interest to reduce the number of parking lots in the Downtown area by consolidating parking. Concentration of parking into a parking facility can result in the aggregation of Downtown properties into more attractive, developable parcels that provide opportunities for new economic development. A parking facility can help to reallocate valuable commercial real estate for new development and common open space areas. Such a facility will contribute to creating a more transit friendly and walk-able Downtown. The parking facility will show positive city leadership in establishing a trend towards centrell downtown parking that will enhance the attractiveness and business opportunities in the Central Business District. It should be noted that a more complete full downtown parking plan is still a work in progress. . . Downtown Parking Facility Analysis and Need Study 2005 - Niiche/Site 8 //;;L . PlRA Quarterly Report October - December 2005 The Tanabu Senior High School delegation of thirty-three students and four adults arrived in Port Angles on October 6th. PlRA Board member and PAHS instructor Donna Moreau coordinated the preparations for the visit with her counterpart, Takekawa-sensei of Tanabu Senior High School in Mutsu City, Japan. PlRA President LeBer met the delegation at Sea-Tac Airport and accompanied them while visiting Safeco Field, Seattle Center, and Uwajimya, before coming to Port Angeles. The group first stopped at City Hall where they were greeted by City Manag"er Mike Quinn, who was due to retire, and was able to introduce our guests to our new City Manager, Mark Madsen. Mayor Headrick spoke to the visitors in the Council Chambers prior to their visit to the Coast Guard Station. The delegation was divided into two groups and were given escorted tours of a small cutter and the Dolphin helicopter. . After the tour the students met their host families. The Japanese adults were hosted by PlRA for the remainder of their visit. Two highlights were a special dinner at the Coke Smith family residence and the annual pumpkin carving at the LeBer residence. On Sunday Ms. Moreau and Mr. LeBer took the adults to Salmon Cascades on the Sol Due River which was very much enjoyed. TheHfreWellDinnerwas~held atPAHSand all agreed the visit was a great success. Tentative plans for next year have thirty-seven high school students coming to Port Angeles. Ms. Moreau is also coordinating plans for the May, 2006 visit to Mutsu City by our school students. PlRA board member Kelly Gabriel is producing a calendar to be sold as a fundraiser for our student delegation. W-e-are-awaiting-the-January, 2006, visit of the middle school delegation from M utsu City. Respectfully submitted, ~~ Charles LeBer, PlRA President . 113 . . . 114 . . . MINUTES PLANNING COMMISSION Port An.geles, Washington 98362 November 9, 2005 6:00 p.m. ROLL CALL Members Present: Dave Johnson, Kevin Snyder, Candace Kalish, John Matthews, and Betsy Wharton Members Excused: Len Rasmussen, Cherie Kidd Staff Present: Nathan West, Sue Roberds, Mark Madsen, Ken Dubuc Public Present: S. Taylor Jennings, Kathy Coville, Paul and Peggy Wesley, Catharine Swartzbacker, T. Anthony Hoare, Craig Ritchie, David Goldstein, Kim Weimer, Mary Gotham, Peter and Jane Vanderhoof, Kari Williamson, Katie Loghry, Edna Petersen, Nash Huber, Larry Leonard, ArIa Holzchuh, Ed Beckett, Sharon and Chris Hodglen, Brenda Nailor, Joanne Eagan, DeeAnn Nelson, Patricia Walker, Jerry Hendricks, Don Bettger, Kia Kozoo, Bob and Lindi Lumen, Rick Mathis, Coleman Burnes, Margaret Thomas, Jim Hoare, Robert and Maegan Jones, Ernst Schafer, Karl and Jennie Baymor, Ed Chadd, Craig Miller, Tyler Ahlgren, Anne Murray, Leah Em, Fabian Allen, Nancy C., Bonita Melville, Catherine Cown, Kim Sager, Diane Markley, Elissa Arnheim, Marlene Lesh, Christie Johnston, Patrick and Kim Loafinon, Mel Kossed, Linda May, Dan Callahan, Joanne Jones,' Robert McCrorie, Barb Weekes, Vickit Matthews, Kathryn Nugent, SandyLong, . Beth Loveridge,.Ryan Ruperts,DonBettger, Mark Rollison, Kate McDermott, Katherine Nugent, Oscar Hammer, Stewart Miller, Steven Fradkin, Jason Winters, Sasha Arora, Margaret Stultz, Tim Maddox APPROVAL OF MINUTES Commissioner Kalish moved to approve the October 26, 2005, minutes. The motion was seconded by Commissioner Johnson and passed 5 - O. .-PUBLIC-HEARlNGS:-...-.----.-~---u... Chair Pro Tern Snyder opened the meeting and indicated that those who testifY must sign the "Sign In" log and affirm that their testimony will be truthful to the best of their knowledge in. order to present testimony before the Planning Commission. CONDITIONAL USE PERMIT - CUP 05-07 - GOLDSTEIN/INAGE - 313 AND 313 ~ Viewcrest Avenue: Request for a conditional use permit to allow an accessory residential unit in the RS-7 Residential Single Family zone. 115 Planning Commission Minutes November 9, 2005 Page 2 Principal Planner Nathan West presented the Department's report recommending approval ofthe conditional use permit with conditions. Chair Pro Tem Snyder opened the public hearing. David Goldstein, P.O. Box 904, Neah Bay, WA was present for questions. There being no further questions, Chair Pro Tem Snyder closed the public hearing. Commissioner Wharton noted for the record that she lives in the neighborhood. No one in the room objected to her remaining to act on the permit application. Following brief discussion, Commissioner Johnson moved to approve the conditional use permit citing the following conditions, findings, and conclusions: . Conditions: 1. Building permits must be obtained and separate water and electrical meters are required for each dwelling unit. Addressing for the accessory residential units shall be clearly identified as 313 and 313 ~ for emergency purposes. Address numbers must be at least six (6) inches in height and readily visible from the street and of contrasting color from their background. 2. Two (2) off-street parking spaces are required for each residential dwelling unit for a total of four (4) spaces. 3. Smoke detectors are required as per the International Residential Code. . 4. A six (6) foot sidewalk adjacent to the curb shall be constructed in accordance with Public Works and Utilities standards. 5. All utility improvements including water, sanitary sewer, storm drainage and electrical are to be completed to the satisfaction ofthe Public Works and Utilities Department. Findings: Based on the information provided in the Community Development Staff Report for CUP 05-07 dated November 9,2005, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1. David Goldstein and Eriko Inage submitted a Conditional Use Permit application for an accessory residential unit (ARD) on September 26, 2005, to allow the construction of an accessory residential unit as part of their residential permit application. The applicants own the subject property. 2. The proposed site consists of Maguire's H Addition Cravers Short Plat Lot 2 of91(03)01 Port Angeles and is located at 313 and 313 ~ Viewcrest Avenue. . 116 . . '. Planning Commission Minutes November 9. 2005 Page 3 3. The site is zoned Residential Single Family (RS-7). 4. The Comprehensive Plan designates the site as Low Density Residential. Adjacent designations are also Low Density Residential. The site is located in the City's South Central Planning Area. The subject site is located on the north side of View crest Avenue and west of Maple Street. Development in the neighborhood includes predominately single family residential uses as well as a church and high school. There are two existing duplexes on neighboring lots. 5. Per 17.96.050 P AMC, the Planning Commission shall consider applications for conditional use permit uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose ofthe zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property. Conditional uses shall be evaluated to determine if the characteristics of the intended use as related to the specific proposed site would defeat the purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose ofthe City's zoning regulations. The City's Comprehensive Plan was reviewed for consistency with the proposal. 6. A development that is approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 7. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on October 21,2005. Public notice was mailed to property owners within 300 feet of the subjectproperty on October 19,2005. The site was posted on October 20,2005. No written comments were received as a result of the public notice. 8. A Determination of Non-Significance was issued for this proposed action on October 31, 2005. 9. The Planning Commission opened a public hearing on the proposal at the November 9, 2005 regular meeting. Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 05-07 dated November 9,2005, including all of the information in the public record file, comments, and testimony presented dUring the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: 117 Planning Commission Minutes November 9. 2005 Page 4 . 1. As conditioned, the proposal is consistent with the intent ofthe Comprehensive Plan, specifically with Land Use Element Goal A and Policy A.2 and C2, Housing Element A.6 and B.6, and Transportation Element Policy B.14. 2. The proposal is consistent with requirements for approval of a conditional use permit as specified in PAMC 17.96.050. 3. The proposal is consistent withPAMC Chapter 14.40 (parking Ordinance) 4. The use is in the public interest as it allows for a variety of housing opportunities. 5. The City's responsibility under the State Environmental Policy Act in review of the proposal has been satisfied. Commissioner Matthews seconded the motion which passed 5 - o. EXTENSION of Conditional Use Permit - CUP 03-06 - Saturday P A Farmers Market: Continuation of farmers market activity on Laurel Street between Front and First Streets. Chair Pro Tern Snyder noted that, due to the number of people who wished to testify . regarding the Market permit, specific rules of procedure would be followed. Each speaker would be allowed 5 minutes with 10 minutes for group speakers. Larry Leonard, 1030 OlympusAvenue, stated that all members of the Planning Commission should recuse themselves due to the amount of information that they have heard regarding the issue at hand. Craig Ritchie, 212 East Fifth Street, represented the applicants and noted that since the hearing would be based solely on the record to be created, he did not object to any of the Commissioners remaining for the proceeding under the State's Appearance of Fairness Doctrine. City Manager Mark Madsen added that prior information may not be considered during the public hearing. The previous public hearing was invalidated, and therefore it is as if it never happened. The Commissioners will act solely upon the record being created, and will all be acting on the same information so there is no appearance of fairness issue. The Commissioners then individually stated that they would be acting on the record being created. Planning Manager Sue Roberds presented the Department Report and responded to questions from the Commission regarding parking lot activities. She noted that the Port Angeles Municipal Code allows for parking lot activities to take place in any business parking area of the City for a period not to exceed 30 days in a calendar year under certain conditions. Ms. Roberds agreed that the S~turday Farmers' Market activity could operate on such a property for up to 30 weeks since the activity is once a week. Ms. Roberds indicated that the use of a business parking lot area for more than 30 days in a calendar year could be permitted through a conditional use . permit approval. It was agreed that a conditional use permit process for an alternate site may result in the same type of lengthy, controversial process that has occurred for the current site. Planning Manager Roberds noted that the issue at hand is strictly site specific. 118 . . . Planning Commission Minutes November 9, 2005 Page 5 In response to Commissioner Wharton, Planning Manager Roberds explained the difference between conditional use permits that contain specific time requirements as opposed to those that become permanent Following continued questions regarding staffs recommendation and analysis, Chair Pro Tern Snyder opened the public hearing. Craig Ritchie, 212 East Fifth Street, represented the Farmers' Market. Mr. Ritchie stated that there had been no change in circumstances since the original approval of the Market location which is necessary to approve an extension ofthe activity. As a for profit business enterprise, the Market needs permanency. The issue is whether a Market is desired in the Downtown or not. Peter Vanderhoof, 585 WasankariRoad, Port Angeles, W A 98363 read a letter which he then submitted for the record. He specifically objected to findings #8 and #20 in staffs recommendation of denial. Mr. Vanderhoof stated that the Market management has exhaustively sought alternative sites within the Downtown, attended meetings regarding a permanent Market site, and consulted with Market experts as to components needed for a successful Market to no avail. Obstacles in each case were numerous and, at that time, the use of business parking areas was not permitted. In response to Commissioner Kalish, Mr. Vanderhoof stated that the Market is amenable to continuing its search for a permanent site within the Downtown and will move when such a site becomes available. Craig Miller, 711 East Front Street, represented four property owners and four businesses within the Downtown who object to the Market use remaining in its present location on Laurel Street. Mr. Miller stated that the use is in conflict with surrounding activities as it obstructs the well established traffic flow and can no longer be considered temporary. As other locations have now been identified for,the Market use within the Downtown area, the activity should not be permitted to continue to occupy the City street to the detriment of established businesses. Chair Pro Tern Snyder reminded Mr. Miller of his time limitto speak. Mr. Miller objected to noCbeing allowed to speak further and wanted the fact noted for the record. (Editor's note: It was later noted that the Chair Pro Tern did not realize that Mr. Miller was speaking for his clients, and his clients did speak independently later on the meeting.) Don Bettger, 114 East First Street, has been in business in Port Angeles for many years and testified to the fact that clients and customers will find you if they seek your product. Established businesses that have provided a base for the Downtown shopping area depend on an established traffic pattern. It is simply not tolerable to close that established traffic pattern52 days a year in orde~to accommodate a temporary use. Jerry Hendricks, 105 East First Street, noted that access is extremely important for the success of any business. The initial street location for the Market was to be a temporary location until a permanent site could be found in a timely manner. The continued disruption to established parking and circulation patterns is unacceptable and poses a serious problem to occupants of his building (situated east of Laurel Street). He predicted occupancy issues ifuse of the right-of-way on a regular basis is allowed to continue. Mary Gotham, 105 East First Street, obj ects only to the continued use of Laurel Street for the Market use. The Market has grown tremendously in the three years that it has operated in the right-of-way location and it is good to see more people in the Downtown partially due to the Market activity. Saturday is the biggest shopping day of the week for local merchants. The Market has been allowed to occupy a prime location in the Downtown for little to no rent and houses for profit vendors who restrict access to established businesses by their location in the 119 Planning Commission Minutes November 9.2005 Page 6 street on a regular basis, 52 weeks a year, for the past three years. Enough is enough. The . activity is no longer temporary and is detrimental to other businesses as it obstructs an established traffic flow including freight delivery and pick up patterns and restricts customer parking. Customers have told her that it s "a pain in the neck" to shop around the Market activity. She strongly believes that the current location is very detrimental to her established business. Catherine Schwarzbocker, 106 East First Street, encouraged extension of the permit in the right-of-way location as a public use. She encouraged the Planning Commission to think about the good of the entire community in its action. Larry Leonard, 1030 Olympus Avenue, reminded the Commissioners that the original approval was based on the use being temporary. When the use was originally granted, negative impacts had not been identified as they now have. S. Taylor Jennings, 105 East Front Street, stated, as a small business owner, that all business owners work very hard and should work together to be successful. She did not understand why people could not deal with minor disruptions of an established traffic pattern in the best interest of the entire community. Mel Kossen, 221 Whidbey Avenue, stated that, if it wasn't for the Market use in the Downtown, there would be a great deal less business in the Downtown. He provided written materials regarding advantages to Downtown areas that are realized by market uses. In response to Commissioner Kalish, Mr. Kossen responded that the Laurel Street location is needed because it draws people to the center of the Downtown. Karl Baymore, 136 Southridge Road, Port Angeles identified the Laurel Street location . as being ideally suited for a Market activity as it draws people to the area. In response to Commissioner Kalish, Mr. Baymore stated that Laurel Street is the keystone to the Downtown and is best suited for a Market activity and businesses. Coleman Burns, 146 Thompson, Port Angeles spends more money in Port Angeles because of the Market use. He did not believe that the location is negatively disruptive to Downtown businesses. Catherine Cown, 220 South Oak Street, supports Laurel Street as a permanent location for the Market use. Farmers need to have a permanent location to sell what they grow. Ernst Schaefer, 120 North Laurel Street, supported Laurel Street for the Market use as it greatly benefits his business that is located on Laurel Street. In response to Commissioner Kalish, Mr. Schaefer responded that the Market use needs to be in Laurel Street because Laurel Street is the heart of the Downluwn. Jennie Baymore, 136 Southridge Road, Port Angeles has never experienced a parking problem with the Market location. Anytime a business relocates it is detrimental to the business. Wherever the farmers go, she will follow. She encouraged the Commission to allow Laurel Street to be a permanent location for the activity to continue to bring shoppers Downtown. Mark Rollison, identified surrounding uses in the area of Laurel Street using a display board and encouraged support for the Market use on Laurel Street. Kate McDermott, 909 West 1h Street, trys to find ways to support Port Angeles rather than other shopping areas. She is able to accomplish this by the Market location on Laurel Street because it is the hub of the Downtown. J. Anthony Hoare, 2873 East Beach Road, Port Angeles strongly opposes the Market . being permitted to remain in Laurel Street at this point. Business owners have made huge investments in Downtown properties because of the prime commercial location in the center of 120 . . . Planning Commission Minutes November 9, 2005 Page 7 town with easy access, continual traffic flow, and good visibility. These businesses depend on Laurel Street remaining a thoroughfare. The issue is why should the Market be allowed to continue to locate in Laurel Street? Why can't the use be located outside of a public thoroughfare to a permanent site? He is not against farmers. Farmers are exceptionally hard working people. He is objecting only to the continued use of a public right-of-way for the conduct of such a use when other properties are now available in the Downtown area. The use should be moved to an appropriate location at this point. Beth Loverage, 140 Erving Jacobs Road, Port Angeles, noted that it seems everyone is in agreement that the Market is good for the Downtown and want to make the activity work. She urged that the location be approved in order to work toward a permanent solution. Lindi Lumens, 120 West pI Street, has never heard Market customers say they would not follow vendors wherever they might need to go to operate. She compared her store sales figures on Market days for the past three years and has found that on Saturdays, the best shopping day of the week, her business has consistently been down. This past weekend when the Market did not operate in the street, her sales were up 83% over what they have been experiencing all year. Bob Lumens, 120 West pI Street, read a letter from Bob McCrorie, McCrorie Home Furnishings, who had to leave the meeting for health reasons. Mr. McCrorie is opposed to the continued use of Laurel Street for a Saturday Market activity. The right-of-way needs to remain open for the Downtown to be successful. Historically, forty percent (40%) of all retail activity takes place on Saturdays. Only one half of that activity is realized when the Market is operational on Saturday. Travel through the alley is confusing at best when the street is blocked for the Market use. He urged the Market to locate to another location that is less important to Downtown businesses. Katherine Nugent, 202 Canon Ball Road, Port Angeles, works at the Country Aire store on First Street. The Market activity has increased their business, and she is in favor of its continued -location in Laurel Street. Anne Murray, 306 Lopez Street, represented the Clallam Networks Economic Development Council's Agriculture Cluster. Ms. Murray applauded the efforts of the farmers' market in establishing its base in the Downtown and noted that oftentimes cities take the lead in locating a permanent location for such uses. Diane Markley, P.O. Box 2835, Port Angeles, stated that the continued closure of Laurel Street is a major detriment to 11 of the 13 tenants in a building that she owns on Laurel Street. Access to the building is not readily accessible from Laurel Street during Market activities since the main entrance is on Laurel Street. She purchased the building because of its location and made significant improvement to the structure to enhance the Downtown business district. She made the investment because Laurel Street is a major thoroughfare and would provide excellent visibility for tenants of the building. She has been patient and has worked around the Market for the past three years because the site was to be temporary, but is strongly opposed to the continued closure ofthestreet for the Market activity. It is time for the Market to find its own permanent location. Kim Saeger, 511 East 1ph Street, shops at the Market regularly. Many cites have dealt with the permanent closure of public streets to create a centralized shopping area. It's not that uncommon. Jane Vanderhoof, 585 Wasankari Road, Port Angeles is a farm vendor. She would rather locate at the County Courthouse than to continue to work under the negativity caused by the current Downtown site. She is trying to accommodate Downtown business operators who 121 Planning Commission Minutes November 9. 2005 Page 8 have asked the Market to stay in the Downtown but doesn't feel that the farmer vendors in the Market actually need the Downtown location to be successful as their customers will follow them wherever they locate. The craft vendors are another story and she would like to support their desire to stay Downtown. In response to Commissioner Kalish, Mrs. Vanderhoof said that the Market needs some sense of permanency to grow, particularly the crafters. Oscar Hammer said that the Market needs to remain in the heart of the Downtown or not at all. The Market location helps the Downtown and merchants and shoppers need to adapt to beneficial change. Nash Huber, 230 Simpson Road, Sequim, WA reminded those present that the Market was invited to the Downtown by the Port Angeles Downtown Association (P ADA). Vendors have worked very hard to grow the Market activity in the Downtown for the benefit of the entire community. The Laurel Street location works because it is located in the center of the shopping area and brings more customers to the Downtown which benefits all Downtown businesses. If the City wants to continue to work with the Market, the Market is happy to do whatever it takes to make the activity work as well. Stewart Miller suggested that what may be needed for the Downtown is a new circulation pattern that will encourage people to remain longer in the Downtown instead of the drive in drive out atmosphere that now exists. Elissa Arnheim, 214 East 11th Street, supports the Market location in the street. Redirecting traffic is actually a good thing because it requires visitors to travel to other areas of the Downtown that they might not ordinarily visit. Ed Chadd, 307 West 6th Street, rarely shopped Downtown prior to the Market activity but now visits the area because of the Market location. His elderly parents walk around the Downtown when they visit the Market:- He does not believe that it would be beneficial to the Downtown if the Market leaves. Steven Fradkin, 511 East 1ph Street, agreed that the Downtown location is good for everyone and parking is not a problem. There being no additional testimony, Chair Pro Tern Snyder closed the public hearing at 9:27 p.m. Commissioner Kalish began discussion by stating that the only issue of concern is whether to continue to close Laurel Street for the Market use or move the Market location. Commissioner Matthews stated that it appears Market customers are very loyal and will foHow.the-Market wherev-e:r-it goes. Tne -NUifl{efwill succeed wherever it goes. The question is whether it should be allowed to remain in the street when there are now other locations that weren't previously available. The Downtown will do business as it has historically done and although there may be an impact, the Downtown and the City will survive if the Market is not located in the Downtown. Commissioner Johnson was very disappointed at the apparent crossroads that has been reached regarding the activity. He was concerned that an activity that so many people seem in favor of has divided the community in its loyalties. Manager Madsen said that there are organizational issues and potential projects in the works not for public review at this point that may affect the issue. Timing of this issue is unfortunate. Commissioner Wharton was disturbed by the turmoil that has resulted regarding the Market location and thought that if the use were to relocate to its previous location at the County 122 . . . . . . Planning Commission Minutes November 9, 2005 Page 9 Courthouse parking lot, it may provide an opportunity for the players to work out some ofthe issues that would allow the activity to return to the Downtown in a beneficial location, or grow at the Courthouse. Commissioner Snyder added that the use is good for the Downtown and good for the community as a whole. Commissioner Johnson hoped that the proposal to locate a Market in the Downtown could be reviewed further and that the Market may be better off locating at the Courthouse for the present time. Following continued discussion, Commissioner Kalish moved to approve extension of the conditional use permit in its current location for an additional three years to May 15, 2008. Commissioner Wharton seconded the motion. Commissioner Kalish asked staff for assistance in drafting appropriate conditions, findings, and conclusions, and Chair Pro Tem Snyder called for a 15 minute break to accomplish the task at 10:15 p.m. The meeting reconvened at 10:45 p.m. It was noted that some Commission members had spoken with members of the audience during the break. Chair Snyder asked Commission members to reveal to the audience the subject of any conversations that may have occurred with members of the audience during the break Commissioner Matthews noted that he spoke with Denise Brennan, a Market vendor, regarding coffee and his work at the U.S. Post Office. Commissioner Wharton spoke with Fire Marshall Dubuc about public safety issues that were brought up in staff report regarding the Market and to ArIa Holzchuh about changes in City staff but not about Market issues. Commissioner Snyder spoke to someone regarding that a recess was called in order to allow staff to consolidate the information provided regarding revised conditions, findings, and conclusions. Commissioners Kalish and Johnson did not speak to anyone during the break. . Following review of the revised conditions, findings, and conclusions, as directed by the Commission, the following conditions, findings, and conclusions were accepted by the maker of the motion and the second: Conditions: 1. Conditional Use Permit CUP 03-06 is hereby extended to May 15, 2008, as long as the operation remains in compliance with all conditions of approval. 2. Products to be sold shall be strictly limited to locally grown plants, food or food products and associated, local arts and crafts, in compliance with the rules of the Washington State Farmers' Market Association. 3. Continued compliance with State and County requirements for the handling and sale of food and/or food products is required including sanitation facility requirements. 4. The consumption of City electric power, water, garbage collection shall be arranged for through the City's Public Works and Utilities Department within a reasonable time period prior to the need for such utilities. 5. The Port Angeles Farmer's Market shall provide the City with a certificate of insurance naming the City as an additional insured for the time period allowed for use. 123 Planning Commission Minutes November 9, 2005 Page 10 6. Necessary educational outreach to vendors and customers about proper use of off-street parking areas,. signage, and use of public facilities shall be made. Signage shall direct patrons and vendors to the public res!Toom facilities. The Market Manager has identified allocated parking areas and has stated that all vendors are specifically directed as to where they must park. A letter from the Downtown Association (attached) indicates that 25 parking permits are available for vendor use. . 7. Street barricades shall beprovided by the Port Angeles Farmers Market. The Market Manager is in charge of the barricades which have been issued by the City. Several site visits over the year have indicated that the barricades are being used and stored properly. 8. Any adjoining alleys shall be kept open for delivery, service, and emergency vehicles. This condition has consistently been met. 9. A right-of-way use permit shall be approved by the City's Public Works and Utilities Department prior to use of the City's rights-of-way. 10. The Port Angeles Farmers Market shall submit a parking plan that is acceptable to the Downtown Business AssociationlPBIA in order to continue use of the public right-of- way. 11. Traditional community sponsored events such as Arts n' Action and other Downtown holiday activities shall take precedence over the farmer's market for use of the street. . 12. The Market shall present evidence within 18 months of this approval of working with the Clallam CoUnty EconomicDevelopment Council's AgricultUfeTluster and City staff to arrive at a permanent Downtown location for the farmers' market. 13. The conditional use permit to operate the farmers' market on Laurel Street on Saturdays shall not be further extended unless there is sufficient evidence that progress had been made toward finding an alternate location. Findings: ""-"-~---,.._--~ ._--" --.----..-.. --~--- . Based on the information provided in the Planning Division Staff Report for extension of CUP 03-06 dated November 9, 2005, including all information in the public record file, written _ _ comments, and testimony presented during the public hearing, the Planning 1. The Port Angeles Farmers' Market submitted an extension request to continue the Saturday Market activity (CUP 03-06) on July 18, 2005. 2. P AMC 17.96.070(E) Extensions of Approved Conditional Use Permits reads that "Extensions of approved conditional use permits shall be considered in accordance with the same procedures as for the original permit application and may be granted for a period of one to five years provided that the following minimum criteria are met: (1.) The use complies with the permit conditions; and (2.) There have been no significant, adverse changes in circumstances. Upon writtf22f-uest for an extension submitted to the . 1< Planning Commission Minutes November 9, 2005 Page 11 . . . Planning Department prior to the expiration of the conditional use permit, said conditional use permit shall be automatically extended for ninety days to allow the City adequate time to review the extension request." 3. Farmers' Markets are intended to provide a location where local farmers and artisans can sell their goods to the public and are widely accepted as an activity that can enhance a commercial area. The subject Market site is located in the Port Angeles Downtown on Laurel Street between First and Front Streets. The Saturday Market activity has operated on the site since 2003. Yearly extensions have been approved in order to allow time for Market management and local business operators to work through specific issues regarding a permanent Market location, parking, and signage. Individual stands are approximately 10' by 10' and 12' in height and currently occupy the Laurel Street right-of-way between Front and First Streets that is approximately 12,000 square feet in area. Public notice of the extension proposal was made in compliance with P AMC 17.96.140 with publication appearing in the Peninsula Daily News on July 22, 2005, posted on the site on July 19, 2005, and mailed to property owners within 300 feet ofthe subject property on July 22,2005. On October 20,2005, the site was again posted for a new public hearing to be conducted on November 9,2005. Public notice again appeared in the Peninsula Daily News on October 21,2005, with public notices re mailed to surrounding property owners and known parties of record on October 20,2005. Written public comment was received and was considered in staff s recommendation. 7. Written public comment receiyed during the posting/public comment period indicated strong support for a Market use in the Downtown and only objected to use of the right-of- way for the activity. Some business operators reiterated issues with regard to the Saturday operation in the public street that are believed to have had a continually negative impact on specific businesses. All who commented agreed that a Market use is a needed component of a viable Downtown. . 4. 5. 6. 8. One business owner expressed public safety concerns and access issues with the regular closure of the right-of-way in that the second floor of her building is inaccessible during Market operations. Another business manager identified circulation issues with an existing parking area during Market activities that are confusing at best. Testimony was provided from a Market vendor who spoke to the Port Angeles Fire Department regarding public safety issues with the closure of Laurel Street. Several business operators believe that the use of Laurel Street is vital to their business health and success and that the Market use, while supported in the Downtown, must be relocated to a location that is not as vital a component of their business interests. Those who objected to the continued use believe that continued use of the right-of-way does not constitute temporary occupancy, which was intended with original approval of the CUP. All comments indicated support for the actual Market use. 9. 125 Planning Commission Minutes November 9. 2005 Page 12 10. 11. 12. The SEP A Responsible Official adopted DNS #951 (as DNS # 1029) for the continued operation ofthe farmer's market on Saturdays at the Laurel Street location on June 23, 2004. A second, site specific environmental review was performed in October, 2005, in preparation for the new public hearing, which resulted in the issuance of a determination of non significance #1129, on November 7,2005. Farmers markets are a community activity and are widely supported. The Washington State Farmers Market Association specifies what products may be sold at farmers markets and that they should promote local agriculture and handicrafts. The public health and interest must be maintained by addressing environmental health requirements for hand- washing and restroom facilities, by addressing compatibility with adjacent uses and other uses permitted within the CBD, by firmly establishing a staging area for vendor vehicles and conveyances, and through compliance with local sign code requirements. Previous studies have been done on methods to improve the vitality of the Central Business District which suggested that the Laurel Street area should be viewed as an open plaza for a variety of uses and that farmers market uses are a viable component of a Downtown community. More recent studies have suggested alternatives to circulation patterns in the Downtown and also encourage an open plaza area. Future changes in traffic patterns in the area may offer opportunities for enhanced activities. The subject property is identified on the City's Comprehensive Plan and Land Use Map as Commercial and is zoned Central Business District (CBD). The CBD provides wide flexibility in designating commercial uses. 14. The purpose of the CBD Zone is to strengthen and preserve the area commonly known as the_Downtown for major retail, service, financial, and other commercial operations that serve the entire community, the regional market, and tourists. It is further the purpose of this zone to establish standards to improve pedestrian access and amenities and to increase public enjoyment ofthe shoreline. Although farmer's markets are not listed as a permitted or conditional use in the CBD or any other zone, PAMC 17.24.l60.(K) allows for "...other uses compatible with the intent of the Zoning Code..." by conditional use permit and the City's Comprehensive Plan encourages such uses in the Central Business District specifically on Laurel Street. The City has approved conditional use permits for Market activities within the CBD since 2002. 13. Ts.-- fli.eComprenensivePlanwasieviewed-aiid the folloWihggoals and policies are the most relevant to the proposal: Land Use Goals A, D, E, and F, and Policies AI, and A2, and Objective F.3; Transportation_Poli.~Y BHj;~d~_c()noI!ric Development Goals A and B, and Policy A2. Land Use Goal F and Policy F.3 specifically encourage farmers market uses on Laurel Street in the Downtown and during the tourist season. Adjacent uses include retail stores, office uses, restaurants, banks, apartments, a barber shop, and parking facilities. Farmer's market uses are not mentioned in the Parking Ordinance, under P AMC 14.40.070. However, all business activities that operate within the Downtown area must belong to the City's Parking Business Improvement Area (PBIA). Unspecified uses shall meet the requirements of similar uses as determined by the Community Development Director. The Director previously determined that 10-12 parking spaces are required for 126 16. 17. . . . . . . Planning Commission Minutes November 9. 2005 Page 13 customers and an additional (1) parking space for each vendor is required. A letter identifying that 25 monthly parking permits are provided through the Downtown PBIA was submitted with the extension request. 18. Clallam County Environmental Health Department personnel reported that the Market vendors are operating in compliance with Health Department standards as of this writing. No concerns are anticipated with the management of the Market. 19. The City's Police Department had no issues with either the current Market use nor the extended Market activity. While the Public Works and Utilities Department initially suggested possible vehicle/pedestrian and traffic issues, none have been realized. 20. The current right-of-way location was proposed as a temporary solution until a permanent site was identified. City properties can be used for uses that benefit Downtown businesses as long as the use ofthe parking areas does not cause detrimental parking impacts that cannot be otherwise justified. Conclusions: Based on the information provided in the Department Staff Report for the extension of CUP 03-06 dated November 9,2005, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, the above listed conditions of approval and findings of fact, the City of Port Angeles Planning Commission hereby concludes that: A. Based on testimony heard during the November 9, 2005, public hearing, it could not be definitively determined that use ofthe right-of-way for Market activities is detrimental to Downtown businesses in general. Testimony indicated that a centralized Market location . is beneficial to all-Downtown businesses and a negative effect would result to the business area if the Market were not to be located in the Laurel Street location. B. Letters and testimony in support of use of the right-of-way location were received in review ofthe extension request identifying that use is in accord with other permitted activities in the Central Business District. However, the central right-of-way location continues to be of main concern to several businesses who have stated that the location, particularly on a major shopping day, continues to be a negative impact to their businesses. C~--A FarniersMarket. uselii.tlfeDownloWIlls cortsisternwith~he-eity~-eomprehensive Plan, and most specifically with the goals and policies identified in Finding No. 11 above. D. Through membership in the City's Downtown PBIA, Market vendors are in compliance with the City's Parking Ordinance Section 14.40 ofthe Port Angeles Municipal Code. E. Use of the right-of-way was temporary until a permanent site could be located elsewhere within the Downtown for a farmers' market because there was not another available site within the central Downtown for consideration at the time a market was proposed. Circumstances have changed in that other City properties now exist that are located in the same area not in the right-of-way. 127 Planning Commission Minutes November 9. 2005 Page 14 . By locating the market on a property rather than in a right-of-way, the Market may be viewed as a viable component of the Downtown business community that will enable the use to grow and expand and will provide a legitimate home for the use which has been a goal for some time. Permanent signage can be established that will inform the public that such a use is expected and provide operational information to Market customers. G. Testimony provided by a speaker during the public hearing indicated that, in conversation with the Port Angeles Fire Department, it was determined that no public safety issue is expected by the closure of Laurel Street for the Market activity. H. Testimony provided during the public comment period indicated that there has been no significant, adverse changes in circumstances and therefore, the continued extension of CUP 03-06 meets the criteria for extension of previously approved conditional use permits, specifically Section 17.96.070 (2) P AMC. On call for the question, the motion passed 3 - 2 with Commissioners Johnson and Matthews voting in the negative stating the reasons that they spoke of during discussion. Commissioner Johnson was disappointed that there was no real resolution to the issue. Commissioner Matthews was concerned with the testimony provided by established business owners that their businesses were being negatively impacted on a regular basis by the location of the Market in Laurel Street. There is a better place for the activity within the Downtown. Approval should not be because of an ultimatum. Due to the lateness of the hour (beyond 10 p.m.), Commissioner Wharton moved to continue with agenda items. The motion was seconded by Commissioner Kalish and passed . 5 - O. F. CONTINUED PUBLIC HEARING::.'. PLANNED RESIDENTIAL DEVELOPMENT and PRELIMINARY SUBDIVISION PROPOSAL. GREEN CROW~ Camobell Avenue: A preliminary subdivision on property zoned Residential High Density and Residential Single Family that includes a planned residential development. Staff noted that, because of the lengthy agenda, the applicant agreed to extend this issue to the December 14, 2005, regular meeting. Chair Pro Tern Snyder opened the public hearing. Commissioner Wharton moved to continue the public hearing to December 14, 2005. The motion was seconded by Commissioner Kalish and passed 5 - O. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS None 128 . . . . Planning Commission Minutes November 9. 2005 Page 15 REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 11 :30 p.m. Sue Roberds, Secretary PREPARED BY: S. Roberds 129 Kevin Snyder, Chair Pro Tern . I . . . 130 EXECUTIVE SESSION Date: a~ 7-0 / - O~ Expected length of session: J h<u-y Is action expected following the session: Ab 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, financial and commercial information supplied by private persons to the export trading company. _ To receive and evaluate complaints or charges brought against a public officer or employee. However, l,lpon 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. 'i:X.. 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. M 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: c;; 10 /0 ; 'iD Time session ended: Was session extended by announcement: Yes It) ; I rJ If so, when: Mayor &~~ -iJ.ptoJl City Clerk G:\LEGALIFonns\EXECUTIVE SESSION- I O-17-05.wpd