RES 89-41 DEVELOPMENT OF REGULATIONS FOR AREAS OF SPECIAL ENVIRONMENTAL SIGNIFICANCERESOLUTION NO. 89-41
A RESOLUTION OF THE CITY OF WINSLOW, WASHINGTON
APPROVING A CONTRACT WITH AN ENVIRONMENTAL SPECIALIST
TO ASSIST THE PLANNING AGENCY WITH DEVELOPMENT OF
REGULATIONS FOR AREAS OF SPECIAL SIGNIFICANCE.
WHEREAS, the City Council of the City of Winslow,
Washington, has determined the need for an environmental specialist
to assist the Planning Agency in the development of regulations
regarding areas of special significance; and
WHEREAS, the City Council of the City of Winslow,
Washington, feels it is in the best interestof the health,
safety and welfare of the citizens of Winslow to enter into an
agreement with an environmental specialist to enlist his/her
services; and
NOW, THEREFORE, be it resolved by the City Council of the
City of Winslow, Washington, as follows:
The proposed contract (Exhibit A attached hereto and
dated September 7, 1989) with Wiltermood Associates
for environmental services is hereby approved.
PASSED BY THE COUNCIL of the City of Winslow, Washington, this
7th day of September , 1989.
ATTEST/AUTHENTICATE:
ALICE B. TAWRE~"
ROBERT O. CONOLEV, Crt A~torne~y
FILED WITH THE CITY CLERK: September 2, 1989
PASSED BY THE CITY COUNCIL: September 7, 1989
EFFECTIVE DATE:
RESOLUTION NO. 89-41
CITY OF
September 7, 1989
625 Winslow Way East
Winslow, Washington 98110
206-842.7633
Exhibit "A"
Agreement for Consultant
To Rewrite Chapter 18.84
of the Winslow Municipal Code,
Areas of Special Significance
This agreement between the City of Winslow (hereafter
City) and Wiltermood Associates (hereafter consultant) made
this 7th day of September, 1989, shall be as follows:
in consideration of the mutual covenants herein and the
fees provided below:
1. Scope of Services. Scope of services to be performed
by the consultant shall be:
* Final objective is to produce a document that will supersede
the current chapter 18.84 of the'Winstow Municipal Code entitled
Areas of Special Significance (AOSS). This document must contain
an approach in plan form that will protect the environmentally
sensitive areas of the city while at the same time minimizing
the city's potential exposure to a "taking" challenge.
* Examine areas currently designated AOSS, more accurately
measure and describe their attributes, and suggest appropriate
uses within these areas as well as reasonable measures to protect
them.
* Examine other areas not currently designated AOSS but which
contain wetlands, geological hazard areas, stream and drainage
corridors and/or other significant and fragile features, describe
and measure their attributes, and suggest appropriate uses within
these areas as well as reasonable buffers to protect them.
* Recommend standards for development as well as a process for
the Land Use Office to use when dealing with requests to develop
properties within the AOSS and which may be used in a plan.
* Work with property owners and area residents to receive and
assess input and to integrate it into the plan as appropriate.
The time all work is to be completed by is February 1, 1990.
2. Tasks and Proposed Elements.
Element 1, Research and Inventory
Task 1: To research the current Winslow AOSS ordinance and
relevant ordinances or sensitive area plans from other
Counties and Municipalities.
Task 2: Extensively survey all designated and non-designated
AOSS within the city of Winslow. This includes in-field
measurements and descriptions of wetlands, steep slopes,
watershed areas, streams and drainages, and areas of mature or
dynamic ecosystems. Maps, overlays, and aerial photos will form
the basis for recording field data collected.
Element II, Report, Recommendation, and Drafting of Ordinance
Amendment
Task 1: Tabulate, combine and report on all collected field data.
TAsk 2: Make recommendations for classification and management
for each AOSS including possible and appropriate uses, buffer
recommendations, and community impacts.
Task 3: Draft a standardized process for dealing with land use
changes that encompasses established environmental review pro-
cedures as well as localized "creative protection" approaches.
Task 4: Draft ordinance amendment for management of all AOSS.
Include field data report, specific land use recommendations, and
standardized review process. Appendix all other appropriate
information.
Element 111, Citizen Review, Complete Final Ordinance Amendment
Task 1: Work through the ordinance review process of the city
of Winslow and make changes to the draft ordinance where needed.
Provide assistance to local authorities, interested citizens,
and organizations by presentation and interpretation of the
draft AOSS ordinance.
Task 2: Write final AOSS ordinance amendment and submit to
the city of Winslow.
3. Compensation.
The consultant shall be compensated for actual time and
material expended not to exceed $5,000 without prior approval.
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TOTAL PROJECT COST = $5,000
Ownership. All reports, plans, specifications and data
and documents produced in the performance of this work
shall be the property of the City and delivered to the
City upon completion of this contract.
Changes. The City may, from time to time, require
changes in the scope of services of the Consultant to be
performed hereunder. Such changes, including any increase
or decrease in the amount of the Consultant's compensation,
which are mutually agreed upon by and between the City
and the Consultant, shall be incorporated in written
amendments to this agreement.
6. Subconsultants.
The Consultant represents that it has, or
will secure at its own expense, all personnel
and subconsultants required in performing the
services under this Agreement. Such personnel
shall not be employees of or have any con-
tractual relationship with the City.
All of the services required hereunder will be
performed by the Consultant or under his super-
vision, and all personnel engaged in the work
shall be fully qualified and shall be authorized
under state and local law to perform such
services.
City Review/Approval. Upon submittal of any report or
other information required by the scope of work, the
City may, following review by the City, accept such
work or reject it, or request such modification or
additions as it deems appropriate. Payment for such
work will not be made until the work is accepted by
the City.
Access to Books/Records. The City may, at reasonable
times, inspect the books and records of the Consultant
relating to performance of this agreement.
Indemnification. The Consultant hereby agrees to save
harmless and defend the City from all claims and lia-
bility due to the negligent acts, errors, or omissions
of the Consultant, its agents, and subconsultants. The
City shall not be obligated or liable to the Consultant
or to any other party for any claim whatsoever arising
in connection with this Agreement except for negli-
gence that is the fault of the City.
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10.
11.
12.
Compliance with Laws. The Consultant shall comply
with all applicable federal, state and local laws in
performing this contract.
Interest of Consultant. The Consultant covenants that
it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict
in any manner or degree with the performance of services
required to be performed under this contract. The
Consultant further covenants that in the performance
of this agreement, no person having any such interest
shall be employed.
Termination. If the Consultant breaches any of its
obligations hereunder, and fails to cure the same within
five days of written notice to do so, the City may
terminate this contract, in which case the City shall
pay the Consultant only for the costs of services
accepted by the City.
DATED: September 7, 1989 CITY OF WINSLOW
ROBERT O. CONOL~Y/C~t~
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