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HomeMy WebLinkAboutMinutes 01/03/19891250 CITY COUNCIL MEETING Port Angeles, Washington January 3, 1989 I CALL TO ORDER Mayor McPhee called the meeting to order at 7:00 P.M. II PLEDGE OF ALLEGIAN The Plac'.ge of Allegiance to the Flag was led by Duncan McKiernan. III ROLL .:.ALL Membfi* Present: Mayor McPhee, Councilmen Gabriel, Hallett, Lemon, Sargent., Stamon. Members Absent: Councilman Hordyk. Staff Present: Manai,er Flodstrom, Miller, M. Cleland, Pittis, D. Wolfe, B. Kenworthy, B. Coons, Attorney Knutson, Clerk Maike, S. Hardy, S. Brodhun, L. Glenn, Becker, J. Abernathy, K. Ridout, J. Mahlum, B. Jones. G. 0. IV .PPR ©V.-:. OF MIPeMTES OF REGULAR MEETING OF DECEMBER 20. 1988 J. Public Pre *ent: J. Fairchild, D. Willson, J. VanOss, B. R. Reid, L. Beil, H. Berglund, R. French, M. Reimer, G. Peer, C. A. Alexander, K. Schermer, C. Brown. Councilman Sargent moved to accept and place on file the minutes of the December 20, 1988, regular City Council meeting. Councilman Gabriel seconded and the motion carried unanimously. V FINANCE 1. Consideration of Bid Awaru for CADD (Computer -Aided Design and Drafting) Councilman Stamon moved to concur with the Public Works Department to award the bids to the lowest responsible bidders for each of the following schedules: Schedule A, to Robert McNeel Associates in the amount of $14,809.70; Schedule B, to Robert McNeel Associates in the amount of $6,210.34; Schedule C, to Benefit Computer Systems in the amount of $2,396.04; Schedule D, to Benefit Computer Systems in the amount of $3,124.04; each bid amount including sales tax. Councilman Lemon seconded. Councilman Hallett noted that the Council had received a letter from Roger Spencer which stated that computer -aided drafting systems are practical if, and only if, a large quantity of drawings of quite similar nature are to be produced, and Mr. Spencer alludes to the fact that the money might be better spent if the City were to hire someone to do this type of work. Public Works Director Pittis stated the Department agrees with some of the points Mr. Spencer has brought forth; however, the Department has researched this issue for five years and the computer -aided drafting system would be practical because the Department will be using the system for the utility records, essentially water, sewer, storm drains, existing telephone services and even to some extent the old gas lines that are in the City that have been abandoned. Therefore, much of the work would be repetitious. Following further discussion, the question was called.and the motion carried with Councilman Gabriel voting "No Councilman Stamon moved to reconsider the approval of the Mi December 20, 1988, meeting and to instruct the City CI<' correction to page 6, item 8, consideration of City Co -._lic Assignments for 1989, third paragraph, adding to her com&ctee serving on the Developmental Disabilities Board. seconded and the motion carried unanimously. -1- notes of the rk to add a i rocu;vi.ttee piss i gnmetits lman Haile;_t V NOW POLICE AUCTION 321 East Fifth 457 -0411 On Saturday, December 3, 1988, at 12:00 noon, at the City of Port Angeles Corporation Yard, 17th and "B" streets, the following items will be offered for sale to the highest bidder at public auction: 1967 Ford cab -over with Pitman Boom, 6- cylinder engine, mileage 38,769. Item #1740. Minimum bid $1,000 1980 GMC one -ton with utility box, V8 engine, mileage 70,959. Item #1744. Minimum bid $700 1978 International tractor with loader attachment, 1,527 hours. Item #1884. Minimum bid $1,000 (subject to prior sale) 65 Bicycles 2 Television Sets (1 color) Miscellaneous U.S. silver coins 3 Watches 2 CB radios Tools and other miscellaneous items. All items will be available for examination beginn- ing at 11:00 a.m. on the date of auction. vn ntANCE of the City of Port Angeles approving and adopting the uogef1 r' t i e j F,rt Angeles for the fiscal biennium ending December 31, 1990. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO ORDAIN as follows: Section 1. The Biennial Budget of the City of Port Angeles for the years 1989 and 1990, as prepared by the City Manager for said City, and finally amended, fixed, and determined as to every iteni by the City Council after public hearings having been held on Wednesday, November 30, 1988, Thursday, December 1, 1988, Saturday, December 3, 1988, and Tuesday, December 6, 1988, and notice of said hearings having been given and published in the manner provided by law, is hereby adopted, approved and confirmed. Section 2. The following is a summary of the totals of appropriations for each separate fund and the aggregate total for all such funds combined. 1989 1990 Department or Fund Appropriations Appropriations A. General tund Mayor Council City Manager General Administration Administrative Services City Attorney Planning Police Fire Public Works Parks Recreation TOTAL, GENERAL FUND )AI+FUR fil'[4 L.ny or rur r /Angeles revrsmg the buaget for the Lity 01 Port AngeiesTr the fiscal biennium ending December 31, 1988, and amending Section 2 of Ordinance 2428, as amended by Ordinance 2473, Ordinance 2484, and Ordinance 2490. WHEREAS, the City Council has determined that it is in the best interest of the City to increase a portion of the total appropriations for 1988; and WHEREAS, funds were received in excess of estimated revenues during the current biennium 3 that will offset the, increased appropriation to the General Fund and Convention Center Fund; NOW, THEREFORE, THE CITY COUNCIL OF Section 1. Section 2 of di a ce 2428 28 ass amended by ed Ordinanc ORDAIN t 2473, Ordinance 2484, and i Ordinance 2490, is hereby amended to read as follows: Section 2. That the following is a summary of the totals of appropriations for each separate fund and the aggregate total for all such funds combined. Department or Fund A. ('general F l(nd Mayor Council City Manager General Administration Administrative Services City Attorney Planning NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Port Angeles will hold a public hearing an Tuesday, December 20, 1908, at 7:00 p.m., 321 East '5th Street. -The purpose of this public hearing is to review and discuss amendments to the Flood Plan Management Ordinance. The public is invited to attend. Michelle M. Maike City Clerk Pub.: Dec. 9, 1988. 20,502 104,329 434,054 999,980 105,927 148,193 1,803,586 1,083,679 505,000 1,231,293 6,436,543 23,717 103,931 1,077,868 970,438 106,680 112,805 Oillu a d? Q SPECIAL MEETING NOTICE IS HEREBY GIVEN that the City Council of Port Angeles Washington, will hold a special meeting on Tuesday, December 13, 1988, at 7:00 P.M. in the Council Chambers at 321 East Fifth Street. The purpose of this special meeting is for further consideration of the 1989/ 1990 Preliminary Budget, committee assignments for Human Service Advisory Boards and funding reim- bursement for Thanksgiving Day celebration. The public is invited to attend. Michelle M. Maike City Clerk Pub.: Dec. 9. 1988. 22,927 106,897 461,876 1,049,800 109,171 130,506 1,850,197 1,124, 585 520,000 1,252,066 6,628,025 1987 1988 Appropriations Appropriations 22,750 106,047 1,238,860 1,031,815 103,513 121,310 zoo 720 CITY OF PORT ANGELES ADVERTISEMENT FOR BID COMPUTER AIDED NOTICE OF DRAFTING SYSTEM PUBLIC HEARING HARDWARE SOFTWARE NOTICE IS HEREBY GIVEN Project No. 88 -18 that the City Council of the I Sealed bids will be received City of Port Angeles will by the office of the City hold a public hearing on Clerk, 321 East Fifth Street, P.O. Box 1150, Port Angeles, 1 AA Public %/V Notices Tuesday, December 6, 1988, Washington 98362, until 2:30 at 7:00 P.M., in the City p.m., December 27, 1988 Council Chambers, 321 East and not later, and will be 5th Street. opened publicly at that time. The purpose of the public Bids will be taken for: hearing is to receive public A. Computer Hardware. comment on the proposed B. Plotter. 1989 -90 City of Port Angeles C. AutoCAD Software. budget. D. D.C.A. Software. The public is cordially invited Bid documents may be ob- to attend. tained from the office of the Michelle M. Maike City Engineer, City of Port City Clerk Angeles, at the above ad- Pub.: Dec. 2, 1988. dress (206) 457 -0411, ext. 120. All proposals or bids shall NOTICE OF be submitted on the ores- PUBLIC HEARING cribed form and in the man NOTICE IS HEREBY GIVEN ner as indicated. in the In- that the City Council of the structions to Eiidders and City of Port Angeles will Conditions and said propos- hold a public hearing on als or bids shall be ac- Tuesday, January 3, 1989, at companied by a certified or 7:00 P.M., 321 East 5th cashier's check or a bid bond Street, to consider an in the amount of five per amended Shoreline Manage cent (5 of the total meet Substantial Develop- amount of the proposal or ment Permit for Paul bid, said bid bond shall be Cronauer, to develop an issued by a surety auth- area (within 200' of the orized and licensed to issue shorelines) for dwellings. said bonds in the State of Washington. he site is located at the forth end of Francis Street, rid is legally described as ots 5 -11, Block 32, Norman t. Smith's Subdivision, TPA. 'he public hearing will focus in' proposed amendments to he Shoreline permit origi- tally approved by the City 1ouncil on November 1, 1988. Michelle M. Maike City Clerk 'ub.: Dec. 25, 1988. The City of Port Angeles re- serves the right to accept the proposals or bids and award to responsible bidders which are in the best inter- est of the City; to postpone the acceptance of proposals or bids and the award of the ontracts for a period not to exceed thirty (30) days; or to reject any and all proposals or bids received and further advertise for bids. Jack N. Pittis, P.E. Director of Public Works Pub.: Dec. 14, 18, 1988. ORDINANCE NO. 2514 AN ORDINANCE of the City of Port Angeles amending regulations for flood plain management, and amending Ordinances 2091 and 2445 and Chapter 15.12 of the Port Angeles Municipal Code. WHEREAS, the City's Flood Damage Prevention Ordinance should be amended in accordance with recent changes in the regulations of the Federal Emergency Management Agency (FEMA); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES, as foll Section 1. Section 1 of Ordinance 2445 and PAMC 15.12.020 are hereby amended as follows: 15.12 020 PURPOSE. It is the purpos rf promote the public health, safes is ues fined: to minimize public: ute and health; tions in s A�;ijinire expenditure of public money and costly flood control projects; .1r(C) To minimize the need for rescue and relief efforts associated with flooding, and generally undertaken at the expense of the general public; (D) To minimize prolonged business interruptions; (E) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, and streets and bridges located in areas of special flood hazard; .rovidin for (F) Te h 1. maint -in a stab' t -x base b the sound use and development of areas of special flood ha7,� so as to minimize future flood blight areas areas of special EFG) To ensure that those who occupy flood hazard assume responsibility for their actions; (41-I) To assure the availability of flood insurance within the City of Port Angeles. p t Section are hereby amended as follows: Article II of Chaptfyf 15.12 ARTICLE II DEFINITIONS. "APPEAL" Mears a request for a review of the ef Dir this Or r di- Public Works interpretation of any provision nance or a request for a variance. ned AO or "HR OF o t h e OF .c1 Ins FLOODING' ance Rate Ma. FIRM The •ase flood deaths ran _e from one to 'three feet a clearly defined channel does not exist the •ath of flooding is un•redictable and indeterminate' and velocit flow may be evident. AO is characterized as sheet flow and AH indi- "AR pondine. AREA OF SPECIAL FLOOD HAZARD" ten land subject to a one the flood plain within a community en cent or greater chance of floodin g a in any year. Designation on maps always includes the letters "A" or facility for which even a CRITICAL FACILITY" means a lht tom_ great Critical slight chancy of rng- -Pie facilities include but are note limited ency schools, s nue i n homes _flood_ olice stallatrons installa,io rs'which produce use or store haz- arrtnnc materials or hazardous waste. 43A&E- •F!4498 es-lhe- flood- hes- e,ene- xreers# -oho neE of- beiwg -e exceeded -i e' 9+'r referfeei-te- es 40e- 4-0,13-yeB1 -0 'fleee-. ee gR e ft fetters- mku•erWi' "BREAKAWAY WALL" means a wall that is not a part of the structural support of the building and is intended through its design and construction to collapse under spe- cific laterial loading forces, without causing damage to the elevated portion of ;tea tnil,iir,g or supporting foundation system. COASTAL HIGH HAZARD AREA" u ea means t�metearea o,s sblect to h velocity waters, including b surge or tsunamis. This area is designated on a FIRM as Zone44 -39 van or V. "DEVELOPMENT' means any man -made change to improve or unimproved real, estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located +r the area of special flood hazard. 1 anr1 temporary City Clerk Pub.: Dec. 9, 1988. "DEVELOPMENT" means any man -made change to improve or unimproved real. estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. 9D" or "FLOODING" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; and /or (2) The unusual and rapid accumulation of runoff of surface waters from any source. "FLOOD INSURANCE RATE MAP" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the 'risk premium zones applicable to the community. "FLOOD INSURAJVCE STUDY" means the official report pro- vided by the Federal insurance Administration that in- cludes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. "Fl OODWAV" means the channel of a river or ether wa- tercourse and the adjacent land areas that must be re- served in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "LOWEST FLOOR" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a base- ment area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non- elevation design requirements of this Ordinance found at Section 74B)5- 15.12.270(A)(1). MANUFACTURED HOME" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a perma- nent foundation when connected to the required utilities. For flood plain management purposes, the term "man- ufactured home" also Includes park trailers, travel trailers, n "manufactured home" not include park trailers, travel trailers, and other similar vehicles. "MANUFACTURED HOME PARK OR SUBDIVISION" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. AAFPri1$&r EEVEL "wefts -the teverege eigl of the -aee ior- eN- stages 044e-tido. "NEW CONSTRUCTION" means structures for which the "start of construction" commenced on or after the effective date of this Ordinance. "START F CONSTRUCTION" includes substantial improve- ment, and means the date the building permit was issued, provided the actual start of construction, repair, recon- struction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction or a structure on a site, such as the pouring of slab or footings, the installa- tion of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation, Permanent construc- tion does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and /or walkways; nor does it include excavation for a basement, footings, piers, or foundation' or the erec- tion of temporary forms; nor does it include the installa- tion on the property of accessory buildings. such as ga- ra s cr sheds 31 occu ed r& i i in ;r not part of the main structure. "STR�iCTURE" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. SUBSTANTIAL IMPROVEMENT" means any repair, recon- struction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the, building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. .(ARIANCE" means a grant of relief from the require- ments of this Ordinance viftich permits construction in a mariner that would otherwise be prohibited by this Ordinance. "WATER DEPENDENT" means a structure for cpmmer e or industry which annot exist in any other location arip Is dependent on the water by reason of the intrinsic nature. of its ions. Section 3. 3. S Section 3 of Ordinance 2445 and PAMC 15.12.030 are hereby amended as follows: 9Fdiwawce- �aPpl!' 44e all aromas -at- spQ -in -#he -GiE -et-- Pert- Angeles -ideat top 4he•-Fedeoel--IneuF- an0e- AdrRinietretien 4n -e- eoierttitie- and- engitreeaing report oatiUed FJocd .1asw awoe- Study 4er -the. 6ity -o4 erl:- Awgelesr dated Feblwery- i 989, wit*- aoeefwpapl7 ag-tleeel- iasuraRae• 1•81,97- 401i9 64 end-- these Mafia -ere- tea depted -lay setassara- aad..daciar.ad -tabs_ a- -pant- of thic 4rd444+69 #lee4 4asdraoce -study end- a ,.daw}ir+g -i ap6-ar$ ea iA- fhe -af€isa-0f-4he- 6ity Oler r 449 Walt Font- 6treet -Pert Angelesr Weshiegten 15 120 030 GFNFRAI PROVISIONS, (Al LANDS Tp WHICH T{iIS ORDINANCE APPLIES: This Ordinance shall aonlv to all area.` of 5oecial flood hazards within the iurisdlrtipn of the Citv of Port twggle� OF SPECIAL. s, (B) BASIS ((}}FR ESTABLISHING THE AAR A fI_O 9D HAZARD: The areas of soecial flood hazard relent f� rd bx the Federal Insurance Administ atiop in a $g4r n u and etigin ng report en�rtled "the Flood Insur- atite Jtucly 10 thA City of Port /Angeles", dated February, 1980. with acco:,r nvine ood `nsyryncg Maus tierbv a�I�toted inan by Ceferpnee and declare. fQ (fie a tar of t fhis Q r c ice. The Food Insurance Study rs on file at the dada ice of the city Clerk, 321 East Fifth Street, Port Angeles, ashing(ori Section 4. Section 4 of Ordinance 2445 and PAMC 15.12.220 are hereby amended as follows: t. 12220 ffef IITIFS AND R_SPONSIBILITIES OF p IR'.ICT F PUBLIC WORKS, The Director of Public Wor ks s ialt b be primarily responsible for the admintration d implementat O Ti-... n is of P Wcrka shal ion l oerform of this the following rdinance. deteel. -February,- i989 -viEh -aejprpgpyimg-iieea- iNew maps Tide- St+rdy- mid-these- Maps are- Merelay- adep4e€1--bf' sefessmco-aad- declawd. -t -be. a- part -ef --this .Grdinanee. -The 41eed' serawce -sFedy and- weave r iR -maps -arm ea -tile. ia- the -Gffiee- ofthe• 6ity 449-West -F•rer E#reet -Pert Angeles4 15 120 030 GFNFRAI PROVISIONS. (At LANDS Tp WHICH THIS ORDINANCE APPLIES: This Ofgifiarice shall apply to all areas of special flood hazards within the irF L 6 T the City of Port OF SPECIAL, (8 (g) BASIS FOR SABLISHitJG THE AREAS FLOOD HAZARD: The areas of special flood hazard idPnt' \'�d by the Federal Insurance i istr do in a $ci n r.: and er(gine$rjng report entitled "the Floo Insur- Flood uoty tor h' City of Port Angeles dated Februar 1980. with acco:,� nving Flood Insurance Maos is here y oi yyWas f fi oted i nance. The Fo by refer?. nee o al n n d s ranee declared tp Study l is o e pa fi le of at t is 0 d uthe ce of the city clerk, 321 East Fifth _Street, Port Angeles, hington. Section 4. Section 4 of Ordinance 2445 and PAMC 15.12.220 are hereby amended as follows: 2 15.1220 ;lfyi -L )P [DWIF AND RFSPnNSIBILIVE$ OF IR'C7� OF PUBLIC WORKS, The Direc {or of Public Wor s fall be primarily responsible for the administration and implementation of this Ordinance. The Director of Public Works shall perform the following duties: (A) Review all development permits other than for subdi- visions, short subdivisions, and planned residential devel- opments within flood hazard zones to determine: (1) That the permit requirements of this Ordinance have been satisfied; (2) That all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required; (3) If the proposed development is located in the floodway, and if so, located to assure that the encroach- ment provisions of this Ordinance are complied with. (B) When base flood elevation, data has not been provid- ed in accordance with Section 4 SPECIAL FLOOD HAZARD AREAS ADOPTED, the Director of Public Works shall ob- tain, review and reasonably utilize any base flood eleva- tion and floodway data available from a Federal, state or other source, in order to administer SPECIFIC STANDARDS, and FLOODWAYS. (C) Obtain and record the following information: (1) Where base flood elevation data is provided through the Flood Insurance Study or required as in PAMC 15.12.220(B), obtain and record in the actual elevation, in relation to mean sea level of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (2) For all new or substantially improved floodproofed structures: i) Verify and record the actual elevation in rela- tion to mean see 'evel; and (ii) Main'.., th floodproofing certifications required by this Ordinance. (D) Maintain for public inspection all records pertaining to the provisions of this Ordinance. (E) Notify adjacent communities and the office of the State Department of Ecology prior to any alteration or relocation of any water course, and submit evidence of such notification to the Federal Insurance Administration. (F) Require that maintenance is provided within the altered or relocated portion of said water course so that the flood carrying capacity is not diminished. ca_ bon o t e bouq arses p the areas of special f oo hazards (for example. w ere there appears to be a conflict be- w a maop ourjcjary an actual field conditions). The person confe fine the locatiign of the boundary shall be g reaa qqr]a le l 2oQ tt�unity to aoaeai the interrpreta- tion as rro ti vided in Section 15.12.240. Section 5. Section 9 of Ordinance 2091 and PAMC 15.12.240 are hereby amended by adding a new section as follows: ARTICI.F IV. REQUIREMENTS AND STANDARDS. 15.12.240 Development Permit Required Application Requirements. (A) A -special development permit shall be required be- fore construction or development within an area of special flood hazard established in PAM(' 15_12.030B. If a permit for any development is required under another City ordi- nance, the special• development permit shall be combined with that permit. The permit shall be for all sLructi, res including manufactured homes. as set forth in the 'pEF- NI- TIONS'•. and for all including fill and of ier actjyjtips also as set forth in the ''DFINITIONS (B) The application for .speeial- development permit shall be made on forms furnished by the Department of Public Works. The application may include but not be limited to: pins in (iuolicate drawn to scale showing the nature location. dimensions. and elevation of )lie area in ques- tion: exikkub r or lansed struci1rreff'. fill. storage of mate- rials, drama facilities drain facil and the location of the foregoing. Soec Tine following information shall be required: (A1) Elevation in relation to mean sea level, of the lowest floor, including basement, of all structures; (42) Elevation in relation to mean sea level to which any structure has been floodproofed; 463) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria of 1 this Chapter; (B4) A description of the extent to which any water 1 course will be altered or relocated as a result of the proposed development. 1 SeccttigqeQ 6. Section 16 of Ordinance 2091 and PAMC 5.12.350 are hereby amended to read as follows: 15.12.350 Violation is Misdemeanorr. Np s ructure or land I shall h ,reafter be cppstructpd. loca .d. a ttended ('onverte or altered w1 ^ut full como lance with the terms of this Chapter. Violation or failure to comply with the provisions of this Chapter (including violation of condi- tions and s, feeuard� established in connecttlIari wan rgnai- tions) shall be a misdemeanor. Each pay that a violation continues shall constitute a separate offense. Nothing, herein contrpinefi shall prevent the city from takine such other lawful action as is necessary to prevent or remedy any violation. Section 7. Section 7 of Ordinance 2445 and PAMC 15.12.270 are hereby amended by adding a section as follows: 15.12.270 SPECIFIC STANDARDS. In all areas of special flood hazards where base tlood elevation data has been provided as set forth in Section 4 SPECIAL FLOOD HAZARD AREAS ADOPTED or PAMC 15.12.220, Use of Other Base Flood Data, the following provisions are required: (A) Residential Construction (1) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to of one foot or more above. base flood elevation. i (21 Fully Ant aroac hors., +he i,.■.,,.... a,..._ tions and safeguards establishe n connection wit con 1- tions) shall be a misdemeanor. Each day that a violation continues shall constitute a separate offense. Nothing herein copt inerl shall prevent the City from taking sus other lawful action as is necessary to prevent or remedy any violation. Qtion 7. Section 7 of Ordinance 2445 and PAMC 15.12.270 are hereby amended by adding a section as follows: 15.12.y7O d PECIFIC STANDARD, In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 4 SPECIAL FLOOD HAZARD AREAS ADOPTED or PAMC 15.12.2200, Use of Other Base Flood Data, the following provisions are required: (A) Residential Construction (1) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to Of one foot or more above base flood elevation. (2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood tortes on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: i) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. ii) The bottom of all openings shall be no higher than one foot above grade. (iii) Openings may be equipped with screens, lou- vers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. (B) Non Residential Construction New construction and substantial improvement of any com- 1 mercial, industrial or other non residential structure shall either have the lowest floor, including basement, elevated to one foot or more above the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (1) be floodproofed so that below one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) have structural components capable of resisting hy- drostatic and hydrodynamic loads and effects of buoyancy; (3) be certified by a registered professional ensi3.epr or arciviipt that the design and methods of construction are inrdance with accepted standards of practice for meeting provisions of this subsection, based on their de- velopment and /or review of the structure design, specifications and plans. Such certification shall be provid- ed to the official as set forth in PAMC 15.12.220(C). (4) Non residential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in Sub- Section (A). (5) Applicants floodproofing non- residential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level, e,g.,- a-- lwilding- seneir4ste41 -i:o- th agars 4ioeEl -level nil -be• i.e. feot—below. ti .loyal.} (e.g., a building floodproofed to one foot above the base flood level will be rated as at the base flood level). Critical Facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the base flood plain. Construction of new critical facilities shall be permissible within the base flood plain if no feasible altrrrative site is available. Critical facilities ponstructed within the base flood plain shall have the lowest floor elevated to three feet or more above the level of the base flood eleyation at the site. Floodproofing and sealing measures must be tak- en to ensure that toxic substances will not be displaFed by or released into flood Water.. Access routes elevated to or above the level of the base flood gin shall be provided to all critical facjlities to the extent possible. (6DU2 Manufactured Homes All manufactured homes to be placed or substantially improved within Zones A1-30, AH, and AE on the City's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is et -er •e eve one foot or more above the base flood elevation and be securely anchored to an adequately anchored foun- dation system in accordance with the provisions of PAMC 15.12.260(A). This paragraph applies to manufactured h mes to be plIced or substantially improved in an exgan- sion to an existing manufactured home park or subdivi- sion. This paragraph does not apply to manufactured homes to be placed or substantially improved in an existing manufactured home Dark or subdivision except where the repair. reconstruction. or imprpvajnent of the streets utilities and pads equals or exceeds 50 pes nt of the value of the streets. utilities and pads be the repair, reconstruction or jrnprovglnopt has gpmlPg Section 8. Section 7 of Ordinart% 2445 and PAM(; 15 12.330 1 are hereby amended as follows: 15.12.330 FLOODWAYS. Located within areas of special flood hazard established in PAMC 15.12.030 are areas designated as floodways. since the floodway is an ex- tremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion po- tential, the following provisions apply: (A) Encroachments, including fill, new construction, sub- stantial improvements, and other development are pro- i hibited, unless certification by a registered .professional engineer or architect is provided demonstrating that en- croachments shall not result in any increase in flood levels during the occurrence of the base flood discharge, (Bl ponstruction or rpcap(rstruction of residential struc- tures is prohibited within de`gnated floodways except for (1) repairs reconstruction_ or impr yveements to a structure which do not increase the ground floor area and (2) re- pairs, fec nstruction or mproyefnents to a rpeture. the cost of w h does not exceed 50 percept of the market value of the structure either (0 before the repair, recon- struction, or repair is started, or (ii) if the structure has been darwpd, and is being restored, before the damage occurred. Work done on structures to comply with existing health sanitary. or safety codes or to struCtres identified historic places shall not be included in the 50 percent. (fig I€#he•fesogeiwg#etfuirerpentb are Section 15.12.330(A) is satisfied, all new construction and substan- tial improvements shall comply with all applicable flood hazard reduction provisions of this Ordinance. $action 9. A new Section 15.12.330 is hereby added to Chapter 15.12 of the Port Angeles Municipal Code to read as follows: 15 ,2.335 WETLANDS MANAGEM NT. To the nia imum ex- tent possible. in order to avoid he short and long term adverse impacts ssociatecl with the destruction (kr mgdifi- cation of %yptlan esq _cIally thpse activitj which limit or disruqt the ab of the wetlands to aa)levi to flooding impqact the following measures will be co isidgre (A) evie oroposals for de elopmen within base flood or t he ir possible impacts on we lands located with- croac men s s during the occurrence of the base flood discharge. (8) Constructor or reco stru do of esidential truc- tures is prohibited within designated floe ways except for (1) rep !rs. reconstruction. or imnrpyements to a structure which do not increase the ground floor area and (2) re- pairs, rec n_ struction or improyep its to a St ructure. the cost o w icti (toes not exceed 50 Percept of the market value of t e structure either (i) before the repair. recon- struction, or repair is started, or (ii) if the structure has been de Work and is being restored. before the dant ge occurred. Y1Vork done on structures to c mph( with exi Ong health. sanitary, or safet codes er to S ruccp res idenfi led as historic places shall not included in t e 50 percent. OK) If-lie}fet egeiwgaGeQwaeraente are,$ection 15.12.330(A) is satisfied, all new construction and substan- tial improvements shall comply with all applicable flood hazard reduction provisions of this Ordinance. Section 9. A new Section 15.12.330 is hereby added to Chapter 15.12 of the Port Angeles Municipal Code to read as follows: 15.12.335 WETLANDS MANAGEKUIT. To the maximum ex- tent possible. in order to avoid the short and on term adverse impacts associated with the destru(:tion or modifi- cation of wetlan especially those activities, flwhi h limit. or disrupt the 4tity of the we nds to Alleviate floodin impacts. the following measures will he copsidered: iew (A) Rev propo for development within base flood plains for their possib impacts on wetlands located with- in the flood plain. j131 Ensure that deve ogrrpnt activities in pr around wet- lands do not ne.�ativgly affect 4yblic safety. health. and I welfare by disruo ine the wetlands' ability to reduce flood anU st C) Reaue Finical $.stance frnm the Department Ecology in ident(fvine wptlaq 1 areas. Section 10. Section 9 of Ordinance 2445 and PAMC 15.12.340 are hereby amended as follows: .15.12.34,9 COA_STpL HIGH HAZARD AREA. Located within areas of special flood hazard established in PAMC 15.12.030 are Coastal High Hazard Areas, designated as Zones VI -V30, VE and /or V. These areas have special flood hazards associated with high velocity waters from tidal surges and, therefore, in addition to meeting all provisions in this Ordinance, the following provisions shall also apply: (1) Due to dynamic nature of coastal ti Ji hazard ar- s locate alone the Pacific Ocean. in areas with vat Velocity Zones (V zones from Cage pisagpoint- ment to a e Flattery. the following tandards shall apply: it rphibit new or substantially improved construc- tion in est gated V- zones: exceptions are for needed water dependent structures or structures that facilitate public recreational access to the shore. Structures which require siting in the V -zone should be sited landward o the o ir,Wr'v dune if an active dune system is associated with the V -zone. (ii) Prohibit anv alteration of dunes in the above designated V -zones which outd increase potential flood {lamage; this r striction inc u es prohibiting any modifica- lion or alt rration or dis urrt ice of y�,getative cover as As ed with dunes loc,,a ei in designated V- zones. 2 All new construction and substantial improve- ments in Zones V1 -V30 and VE (V if base flood elevation date is available) shall be elevated on pilings and columns so that: i) the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or col- umns) is elevated one foot or more 40-64" above the base flood level; and (ii) the pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movements due to the effects of wind and water loads acting simultaneously on all building compo- nents. Wind and water loading values shall each have a one percent chance of being equalled or exceeded in any given year (100 -year mean recurrence interval). A registered professional engineer or architect shall devel- op or review the structural design, speLiii.,ations and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of (i) and (ii) of this Section, (.J Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures in Zones V1 -30 and VE, and whether or not such structures contain a basement. The local administrator shall maintain a record of all such information. fJ All new construction shall be located landward of the reach of mean high tide. (46) Provide that all new construction and substantial improvements have the space below the lowest floor ei- ther free of obstruction or constructed with non supporting breakaway walls, open wood latticewoQr�k, or insect screen- ing intended to collapse under wind a?d water loads with- out causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this Sec- tion, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design' safe loading resistance of 20 pounds per square foot (either by design or when so required by local or State codes) may be per- mitted only if a registered professional engineer or architect cer- tifies that the designs proposed meet the following conditions: i) breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (11) the elevated portion of the building and sup- porting foundation system shall not be subject to collapse, displacement, or other structural damage due to the ef- fects of wind and water loads acting simultaneously on all building components (structural and non- structural). Maxi- mum wind and water loading values to be used in this determination shall each have a one percent chance of being equalled or exceeded in any given year (100 -year mean recurrence interval). (ELI if .breakaway wails are utiFized, such enclosed space shall be usable solely for parking of vehicles, build- ing access, or storage. Such space shall not be used for human habitation. tea) Prohibit the use of fill for structural support of buildings. 1-?_(1) Prohibit man -made alteration of sand dunes which would increase potential flood damage. Section 11 SEVERABILITY. If any provisions of this Ordi- nance, or its application to any person or circumstance, is held invalid, the remainder of the Ordinance, or applica- tion of the provisions of the Ordinance to other persons or circumstances, is not affected. Sect pn 12 FFE(' IVE DATE. This Ordinance shall take ef- fect live (5) days atter its publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 20th day of per square foot. Use of breakaway walls which exceed a design'' safe loading resistance of 20 pounds per square foot (either by design or when so required by local or State codes) may be per- mitted only if a registered professional engineer or architect cer- tifies that the designs proposed meet the following conditions: i) breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (ii) the elevated portion of the building and sup- porting foundation system shall not be subject to collapse, displacement, or other structural damage due to the ef- fects of wind and water loads acting simultaneously on all building components (structural and non structural). Maxi- mum wind and water loading values to be used in this determination shall each have a one percent chance of being equalled or exceeded in any given year (100 -year mean recurrence interval). (fill 0 breakaway walls are utilized, such enclosed space shall be usable solely for parking of vehicles, build- ing access, or storage. Such space shall not be used for human habitation. f6Z) Prohibit the use of fill for structural support of buildings. (7 Prohibit man -made alteration of sand dunes which would increase potential flood damage. Section 11 SEVERMILITY. If any provisions of this Ordi- nance, or its application to any person or circumstance, is held invalid, the remainder of the Ordinance, or applica- tion of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 12 FFFEQ,7IVF DATE. This Ordinance shall take ef- fect five (5) days after its publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 20th day of December. 1988- Frank McPhee, MAYOR ATTEST: Michelle M. Maike, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney Pub.: Dec. 25, 1988. VI CONSENT AGENDA Councilman Hallett moved to accept the items on the Consent Agenda, includ- ing (1) Request permission to call for bids for a pharmacy contract; (2) Correspondence from Washington State Liquor Control Board; (3) Vouchers of $1,660,799.92; and (4) Payroll of 12 -16 -88 of $253,364.58 and Payroll of 12 -30 -88 of $241,799.06. Councilman Sargent seconded. Following discus- sion, the question was called and the motion carried unanimously. VII ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA None. VIII LEGISLATION 1. Introduction of Jake Seniuk and Consideration of Employment Contract as New Fine Art Center Director Former Fine Art Director Duncan McKiernan introduced Jake Seniuk to the Council and the public. Following the introduction, Councilman Lemon moved to approve the employment contract between the City of Port Angeles and Jake Seniuk, and that the Council authorize the Mayor to sign the contract. Councilman Sargent seconded. On call for the question, the motion carried unanimously. 2. Public Hearings A. Proposed Changes to Cronauer's Shoreline Development Permit Councilman Lemon moved to continue the public hearing until the January 17, 1989, City Council meeting. Councilman Gabriel seconded. Councilman Sargent stated an issue remains unresolved, which is the owner- ship of the old Victoria Street right -of -way adjacent to the Cronauer property, and that this issue is being pursued. On call for the question, the motion carried unanimously. CITY COUNCIL MEETING January 3, 1989 1251 B. Rezone Reauest RZ- 88(12)13 Darrell Vincent RS -7 to OC, Between Lincoln Laurel, south side of San Juan Avenue Mayor McPhee opened the public hearing at 7:28 P.M. Cathy Lucero, 453 Highway 101 West, spoke in opposition to the rezone. Mrs. Lucero and her husband own property which abuts the proposed rezone on the south side, Lot 18, facing Orcas Street. She stated she felt the proposed rezone would have a very adverse effect upon their property. Mrs. Lucero stated this would, in effect, be a spot rezone. It is not functionally related to the existing uses, citing Residential Policy No. 17, multi family areas should not be used primarily as a buffer between zones. Further, she was concerned about the impact of traffic and noise. Carl Alexander, 1712 West Fifth Street, stated .he Baas surprised this rezone was unanimously recommended by the Planning Commission, as there are several different Comprehensive Plan Policies that the rezone contradicts. First, it is essentially a strip development; that San Juan Avenue is not an arterial, it is a neighborhood street; multi family is not to be used as a buffer between different types of development. Further, he reminded the Council that Circulation Policy No. 13 states the City center bypass should have a minimal effect on residential neighborhoods and if the Boulevard is ever turned into a bypass, this would be creating congestion in the area. He stated he did not feel it was appropriate for zoning changes to be put in effect in order to upgrade the buildings which are already there. Ken Schermer, 738 West Sixth Street, representing Darrel Vincent, explained that the rezone request was for the entire half -block in order for it not to be a spot zone, but rather an extension of the Office Commercial zoning which already exists in the neighborhood. Further, the commercial strip has had a negative impact on this half block. It is not a desirable area to build residential houses of high quality. Mr. Schermer stated he felt this would be a very positive influence on the neighborhood, as the proposal will -2- 1252 CITY COUNCIL MEETING January 3, 1989 increase the assessed value of this block by approximately $500,000 to $700,000, depending upon the design of the complex. Mayor McPhee asked Mr. Schermer why they did not build in an area that was already zoned Office Commercial. Mr. Schermer stated the availability of good land of four or more lots is extremely difficult to find. Gertrude Peer, Box 101, Orofino, Idaho, owner of Lot 1, opposed the rezoning of Lots 1 through 10, stating she agreed with the reasons stated by the previous speakers. Mrs. Peer had written a letter to Council outlining some of the reasons for the opposition. The letter, in part, states that off street parking and on- street parking at the apartment house will present additional traffic danger to citizens, young and old. She also felt this was a spot rezone. Mary Reimer, 108 West Park Street, also submitted a letter to Council voicing her opposition to the rezone. Ms. Reimer is a co -owner of 138 San Juan Avenue, Lot 1 in the area that is proposed to be rezoned. She stated if the rezone does, in fact, go through, then the property she owns will be surrounded by commercial zoning on three sides, stating this is a nice, quiet residential area and an apartment house would not make it any more desirable for quiet single families to live. There being no further public comment, Mayor McPhee closed the public hearing at 7:40 P.M. He then read the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles reclassifying property located on the south side of San Juan Avenue, between Lincoln and Laurel Streets, from RS -7 to OC, and amending the Official Zoning Map, Ordinance No. 2158. Councilman Lemon moved to deny the rezone. Councilman Sargent seconded. Councilman Hallett stated once this property is rezoned to Office Commer- cial, anything that is permitted in Office Commercial can be built there. He pointed out that Office Commercial is somewhat of a buffer between the RS -7 and the existing commercial zones, and spoke in support of the motion. On call for the question, the motion carried with Councilman Stamon voting "No Councilman Lemon stated he felt very strongly there would be traffic impacts. There has been no indication there will be improvements to San Juan Avenue. He also felt this indicates strip zoning and it is residential being changed to Office Commercial for a buffer and it should, in fact, be the other way around. Councilman Lemon moved to offer the following findings of fact: Comprehen- sive Plan Residential Policy 15: "High density multi family areas should be located in areas of the community most suitable fdt high density use, based on service, traffic demands, and public facilities." Residential Policy 16: "Multi family areas should be located functionally close to arterials." Residential Policy 17: "Multi family areas should not be used primarily as a buffer between land uses." Significant traffic impacts, no indication of improvements to San Juan Avenue, and strip zoning. Councilman Sargent seconded and the motion carried, with Councilman Stamon voting "No C. Zoning Code Amendment ZCA- 88(12)5 Home Occupation Clarification Mayor McPhee opened the public hearing at 7:58 P.M. There being no public comment, he then closed the public hearing at 7:59 P.M. and read the Ordinance by title, entitled ORDINANCE NO. 2517 AN ORDINANCE of the City of Port Angeles amending Sections 17.86.100 and 17.86.105 of Ordinance No. 2103 relating to Home Occupations. 1253 CITY COUNCIL MEETING January 3, 1989 Councilman Sargent moved to adopt the Ordinance as read by title. Council- man Stamon seconded. Councilman Lemon spoke in opposition to the motion, and in his opinion, he did not think the City staff or City Council should be removed from the appeal process. Councilman Stamon asked Attorney Knutson since the Councilmembers are, in fact, citizens of the City of Port Angeles, could they not appeal a decision? Attorney Knutson stated his recommendation to the Council is that they not get involved in appealing Home Occupations and that staff not get involved either, as he felt the Council creates a built -in problem when the City takes advantage of the wording which is now being amended out of the Ordinance. Councilman Lemon offered a friendly amendment to require the Planning Commission Chairman to briefly announce the appeal procedure following each decision. Councilmen Sargent and Stamon concurred. On call for the question, the amended motion carried unanimously. D. DeclarinE City -Owned Property as Surplus Lauridsen Blvd. Between "B" and "C" Streets Mayor McPhee opened the public hearing at 8:07 P.M. There being no public comment, he then closed the public hearing at 8 :08 P.M. Councilman Stamon moved to declare Lots 1, 2 and 3 of Block 456, Townsite of Port Angeles, as surplus and instructed the City Manager to proceed with the sale of the property through the process of sealed bids, with the finding that the Council deems the property is not necessary to the further and efficient operation of the City of Port Angeles. Councilman Hallett seconded. On call for the question, the motion carried unanimously. E. Consideration of Resolution for Abatement of Public Nuisance- (Alley Between Eunice Francis. Between First and Front) Mayor McPhee opened the public hearing at 8:12 P.M. There being no public comment, he then closed the public hearing at 8:13 P.M. Mayor McPhee read the Resolution by title, entitled K RESOLUTION NO. 1 -89 A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring the existence of a public nuisance and requiring the elimination of such nuisance. Councilman Stamon moved to pass the Resolution as read by title. Councilman Gabriel seconded. Following some discussion, the question was called and the motion carried unanimously. 1254 CITY COUNCIL MEETING January 3, 1989 3. Consideration of 1989 Salary Schedule Ordinances for City Employees A. Salary Ordinance for Police Employees Represented by Teamsters Local 44589 (2% C.O.L.A. Increase) Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2518 AN ORDINANCE of the City of Port Angeles establishing a pay plan for the employees represented by Teamsters Local #589 (Clerk/ Dispatcher and Sworn Officer Units) for the period of January 1, 1989, through December 31, 1989, and providing for the payment thereof. Councilman Stamon moved to adopt the Ordinance as read by title, and to direct the City Clerk to publish the Ordinance by summary. Councilman Gabriel seconded and the motion carried unanimously. B. Salary Ordinance for 1989 for Firefiehters /Paramedics Represented by IAFF Local 4656 (2% C.O.L.A. increase plus 3.8% base salary adjustment) Mayor McPhee read the Ordinance by title, entitled Ordinance No. 2519 AN ORDINANCE of the City of Port Angeles establishing a pay plan for the employees represented by IAFF Local #656 for the period of January 1, 1989, through December 31, 1989, and providing for the payment thereof. Councilman Hallett moved to adopt the Ordinance as read by title, and to direct the City Clerk to publish the Ordinance by summary. Councilman Stamon seconded and the motion carried unanimously. C. Salary Ordinance for 1989 for Employees Represented by Local 41619 (1% C.O.L.A. increase) Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2520 AN ORDINANCE of the City of Port Angeles establishing a pay plan for the employees represented by AFSCME Local #1619 (Schedule A), for the period of January 1, 1989, through December 31, 1989, and providing for the payment thereof. Councilman Sargent moved to adopt the Ordinance as read by title, and to direct the City Clerk to publish the Ordinance by summary. Councilman Stamon seconded and the motion carried unanimously. D. Salary Ordinance for 1989 for the City's Administrative and Pool Employees (2% C.O.L.A. increase. or a flat $75 per month increase. whichever is smaller) Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2521 AN ORDINANCE of the City of Port Angeles establishing a position classification, (Schedule A), fringe benefit and pay plan for Management, Administrative, Technical and Clerical Personnel, establishing a pay plan for employees working at the City Pool (Schedule B) for the period January 1, 1989, to December 31, 1989, and providing for the payment thereof. 4. Confirmation of City Council Committee Assignments 6. Discussion of Lincoln School Property -6- 1255 CITY COUNCIL MEETING January 3, 1989 Councilman Stamon moved to adopt the Ordinance as read by title, and to direct the City Clerk to publish the Ordinance by summary. Councilman Gabriel seconded and the motion carried unanimously. Councilman Stamon offered her thanks to the staff and the employees for the work they have done in establishing the salary ordinances. Following discussion of the Committee assignments, the Clallam County Museum Board was added, with Councilman Stamon serving as the Committee member. Councilman Lemon stepped down from the Clallam- Jefferson Community Action Council and the Peninsula Development Association. Mayor McPhee offered to serve on these Committees, and the assignments were set for 1989. 5. Consideration of 1989 Amendment to Annual Bordertowns Law Enforcement Contract with the State of Washington Councilman Hallett moved to authorize the Mayor to sign the amendment to the Annual Bordertowns Law Enforcement Contract with the State of Washington. Councilman Stamon seconded and the motion carried unanimously. Councilman Sargent stated, for the record, that the amount to be paid to the City is $5,884. Councilman Lemon moved to place the item before the Real Estate Committee for discussion. Councilman Sargent seconded. A meeting date of the Real Estate Committee was scheduled for January 9, 1989, at 6:00 P.M. The Council directed staff to publish a meeting notice to encourage public involvement on this issue. IX CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS The Council set a meeting date for the Utility Advisory Committee for Friday, January 13th, at noon, in the Caucus Room. The purpose of this meeting is to review selection process for the City Light Director, final permit for sewage treatment, update on waste-to-energy report, and update on the hydro geological study at the Landfill. Councilman Hallett, referring to Item 4 on the Information Agenda, a letter from Mr. Jadasohn, praising the Solid Waste employees. Councilman Hallett stated he has had a number of people express similar sentiments. Councilman Hallett also spoke in regard to Item 3 on the Information Agenda, a letter from Jean Fairchild, requesting that items be placed on the Council Agenda for January 3, 1989. He questioned Manager Flodstrom as to the reasons why these matters were not placed on this Agenda. Manager Flodstrom explained that in speaking to Mrs. Fairchild, she had stated she was comfortable with leaving the items on the Information Agenda, with the understanding that the Council-would be addressixa.,g, either collectively or perhaps through a retreat, her concerns. Councilman Gabriel stated he did not feel this was an appropriate item for the Council's Legislative Agenda and if Mrs. Fairchild has concerns, she is more than welcome to call him and he will answer her questions. CC.50 1256 CITY COUNCIL MEETING January 3, 1989 Ken Schermer, 738 West Sixth Street, requesting permission to speak, expressed his concern with the message the Council is sending to the real estate development community, referring to the denial of the rezone application which was approved unanimously by the Planning Commission (Darrel Vincent). He asked Council where the City is going to put the 200 to 300 apartment units a recent professional study recommended for the City of Port Angeles. Carl Alexander, 1712 West Fifth Street, speaking in rebuttal to the comments made by Mr. Schermer, read two items out of the Comprehensive Plan of the City of Port Angeles: "This Comprehensive Plan of the City of Port Angeles reaffirms that it is the goal of the people of this community to take an active role in determining the character, quality, and destiny of their community." He stated this is what the Comprehensive Plan is all about. He also read the adherence to objectives, standards and policies: "The Council and the Commission shall, as a policy, adhere strictly to the objectives, policies, and goals that are a part of this Comprehensive Plan. If the Commission and the Council shall, at any time, favor granting a request for an exception to a City zoning or subdivision regulation and said request will be in direct conflict with an objective, policy, or goal in the Comprehensive Plan, then the Commission and the Council shall take action to officially remove or amend the said objective, policy, or goal prior to granting the request." Mr. Alexander, in restating what he had read, said if the Council wishes to go against the Comprehensive Plan, then they need to amend the Comprehensive Plan first. He encouraged the Council to update the Comprehensive Plan. Councilman Stamon, in response to the comments made, stated she agrees with both comments made and that Council does need to review the Comprehensive Plan. Larry Leonard, 1030 Olympus Avenue, speaking as a member of the Planning Commission, expressed his concern with the mixed messages being sent by the Council to the Commission regarding decisions to overrule recommendations made by the Planning Commission. Following further discussion of the comments made, Councilman Stamon stated there is a joint meeting scheduled between the Planning Commission and the Council for January 25, 1989. Hattie Berglund, 1834 West Seventh Street, stated she felt Mr. Schermer was out of line with his comments and also that Mr. Leonard was out of line, coming before the Council expressing his discontent; further, that the City Council's main objective is to consider both what the Planning staff recommends and the recommendations of the Planning Commission. That does not mean, however, that the Council needs to concur with those recommenda- tions. Council's decision is based upon public input. X ADJOURN TO EXECUTIVE SESSION Councilman Lemon moved to recess the meeting for ten minutes. Councilman Gabriel seconded and the motion carried. The meeting was adjourned to executive session for discussion of three items of litigation at 8:58 P.M. XI RETURN TO OPEN SESSION The meeting returned to open session at approximately 9:29 P.M. XII ADJOURNMENT The meeting adjourned at approximately 9:30 P.M. (1 L Clerk Mayor -7-