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HomeMy WebLinkAbout06-015 Concerning water utility service RESOLUTION NO. 06-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, CONCERNING WATER UTILITY SERVICE WHEREAS, on 30 April 2006, Mr. Rich Stapf, Jr. sent a letter to the City on behalf of Ms. Patricia Miller requesting that she be allowed to connect her parcel (# 001054010) at the southwest comer of Jacob Miller Road and Hastings Avenue to the City water line in Jacob Miller Road. WHEREAS, The western boundary of the City's water service area is located in Jacob Miller Road from just north of the County Solid Waste Transfer Station north to the Strait of Juan de Fuca. WHEREAS, In 1996 the City Council approved an "Agreement for Establishing Water Utility Service Area Boundaries (City of Port Townsend)," dated 20 September, 1996. This agreement signed by the City and the County outlined policies related to the City water service area and adjacent utility providers. The agreement also incorporated three City Council resolutions, 93-072, 96-023, and 96-122, which also addressed the City water service area and utility provision policies. This agreement and the resolutions were incorporated into the City Water System Plan that was approved in August 1998. WHEREAS, The agreement outlined seven provisions related to service area boundaries, service area transfers, boundary streets and adjustments, service extension policies, and future service area. Section 3: Boundary Streets, applies to the issue in question here. Specifically, it states: Unless separate agreements exist with adjacent utilities concerning water services or other utility services, this party (City) agrees that the water utility which is located to the north or east of boundary streets between this party and adjacent utilities will be entitled to provide future water service on both sides of those streets (emphasis added). Depth of service on boundary streets shall be limited to one platted lot or as otherwise agreed by the utilities, or in accordance with the City's Water System Master Plan. Existing services on boundary streets shall remain as connected unless transfer of service is agreed to by both parties, as per section 2. These provisions do not disallow the placement of mains in the same street by adjacent utilities where geographic or economic constraints require such placement for the hydraulic benefit of both utilities. WHEREAS, by Resolution 93-072 (passed 21 June 1993) the City Council declared its intent to reduce the out-of-City water service area on an interim basis, to begin negotiations with PUD #1 to provide water supply to certain existing customers of the City outside the interim service area boundaries, and to establish a policy providing no new water tap or water main extensions outside of the interim service area boundaries. In 1996 Council further refined the policies guiding the City's water system plan process with the adoption of resolutions 96-023 (passed 5 February 1996) and 96-122 (passed 16 September 1996). With respect to water service in the area west of the City, Resolution 96-023, paragraph 4.2, page 12, states: Water customers currently fed with City water outside the area west of North Jacob Miller Road will continue to 1 Resolution 06-015 receive City water, but no City water extensions or connections will be made or allowed in this rural area (emphasis added). The City will serve water to those persons or entities located to the west of North Jacob Miller Road that have a valid, enforceable contractual right to City water service, based upon reasonable contractual expectations, and contingent the filing of a complete land use permit application with Jefferson County or other permitting authority (as determined by the permitting authority). The City reserves the right to review and challenge any purported expectation to receive City water, based upon applicable law. Resolution 96-122 amended Resolution 96-023 primarily with respect to the Tri-Area and Glen Cove service areas and wholesale contracts with the PUD. No further guidance was given concerning service in the area west of the City. WHEREAS, based on the Council policy guidance as noted above, City staff has not approved any new water taps to the west side of Jacob Miller Road since the adoption of Resolution 96-023. Currently there are approximately 30 customers west of Jacob Miller Road, six of which directly abut the west side of Jacob Miller Road Based on present County zoning requirements there are approximately 15 additional properties that abut Jacob Miller Road on the west side that are not currently served by City water. WHEREAS, existing water infrastructure in the Jacob Miller Road area includes a 4500' six-inch main line in Jacob Miller Rd from Hastings to the north, a 1200' eight-inch mainline from Hastings to the south, and a 4000' two-inch private line from Hastings to the south (serves two parcels to the west of Jacob Miller Road). In addition there is an 1800' six-inch main line in Hastings west of Jacob Miller Road. Recently the Fire District and Jefferson County extended the water main to the fire station on Jacob Miller Road near the entrance to the Solid Waste Transfer Station. This leaves a 5000 foot gap in the main line along Jacob Miller Road between Hastings Road and the fire station. It is in the long-term interest of the City's water system to have this connection completed to provide a back-up to current out-of-City customers along Jacob Miller road and in the Glen Cove/Cape George Road area as well. WHEREAS, based on the language of the 1996 Agreement staff believes that providing water service to the west side of Jacob Miller Road (a "boundary street" subject to the 1996 Agreement) would not constitute a change in the City's water service area or the Water System Plan. Extension of the system beyond those properties that directly abut Jacob Miller Road or other established boundary streets would require a change to the water service area and Water System Plan. WHEREAS, there are several options that Council could take with respect to this request: 1) Revise the policy in Council Resolution 96-023 and allow water connections to properties abutting Jacob Miller Road (west side) in keeping with the 1996 Agreement language; 2) Approve this connection as requested without making a blanket change to the policies of Council Resolution 96-023. Any future requests for service on the Westside of Jacob Miller Road would be handled by Council on a case-by-case basis; 3) Reaffirm the 1996 policies to not serve any properties on the west side of Jacob Miller Road except those currently connected to the City water system; 4) Place the request on hold pending Council review of the City's 1998 water service plan. That review is currently underway and recommendations on updates will 2 Resolution 06-015 likely come before Council in the next several months. Final approval of plan updates requires state Department of Health and County review and approval which would take several more months. WHEREAS, the Council determines it appropriate that City water service may be provided to the pending application for Patricia Miller requesting that she be allowed to connect her parcel (# 001054010) at the southwest corner of Jacob Miller Road and Hastings Avenue to the City water line in Jacob Miller Road. Any future requests for service on the west side of Jacob Miller Road would be handled by Council on a case-by-case basis. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Townsend that City water service may be provided to the pending application for Patricia Miller requesting that she be allowed to connect her parcel (# 001054010) at the southwest comer of Jacob Miller Road and Hastings A venue to the City water line in Jacob Miller Road. Any future requests for service on the west side of Jacob Miller Road would be handled by Council on a case-by-case basis. ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this fifteenth day of May, 2006. \~A~ Mark Wel~, Mayor ' ~~~~ ~"X City Clerk Approved as to form: ~HCF") John P. Watts City Attorney Attest: 3 Resolution 06-015