HomeMy WebLinkAboutMinutes 01/20/20045139
CITY COUNCIL MEETING
Port Angeles, Washington
January 20, 2004
CALL TO ORDER -
REGULAR MEETING:
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
PUBLIC CEREMONIES,
PRESENTATIONS AND
PROCLAMATIONS:
Retirement Proclamation
and Plaque Presentation -
Detective Mike Hall
WORK SESSION:
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS:
Mayor Headrick called the regular meeting of the Port Angeles City Council to order
at 6:00 p.m.
Members Present:
Mayor Headrick, Councilmembers Braun, Erickson,
Munro, Pittis, Rogers, and Williams.
Members Absent: None.
Staff Present:
Manager Quinn, Attorney Knutson, Clerk Upton, B.
Collins, M. Connelly, D. McKeen, T. Riepe, G.
Kenworthy, S. McLain, D. Dickson, M. Hall, T. Smith, and
D. Ireland.
Public Present:
R. Peterson, T. Shook, D. & S. Miller, M. Meyer, J.
Wilson, P. Lamoureux, J. Heckman, O. Campbell, and C.
Kidd. All others present in the audience failed to sign the
roster.
The Pledge of Allegiance to the Flag was led by Councilman Pittis.
Retirement Proclamation and Plaque Presentation ~ Detective Mike Hall: Mayor
Headrick and Police Chie fRiepe honored Detective Mike Hall with a proclamation and
plaque for his retirement after 29 years in law enforcement. Detective Hall introduced
his family, and Chief Riepe announced that Detective Hall has accepted the position
of Chief of Security at Olympic Medical Center.
None.
Jesse Wilson, 1025 W. 11th Street, President of the Clallam County Citizens for Safe
Drinking Water, prepared to make comments regarding fluoride alternatives; however,
Attorney Knutson discouraged the continuation of his commentaries in view of the
upcoming appeal that is anticipated.
Mary Meyer, 1504 McDonald, sought clarification as to whom documents on fluoride
alternatives should be submitted; Attorney Knutson suggested they be submitted to
staff.
Paul Lamoureux, 602 Whidby, sought recognition for Bob Stepp, urged caution on City
involvement in certain matters, and discussed best management practices.
Peter Ripley, Port Angeles Journal, suggested that a memorial service be held at the
graving dock, something which Mayor Headrick indicated is being planned by the State
and the Elwha Tribe. Mr. Ripley asked for status reports on the Rayonier site and the
Gateway project, both of which were provided by Manager Quinn.
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CITY COUNCIL MEETING
January 20, 2004
FINANCE:
Contract with Chamber of
Commerce for 2004
Tourism Promotion
Services
Consultant Agreement with
Parametrix, Inc., for 2004
Engineering Services
Amendment No. 3 to
Consultant Agreement with
Skillings-Connolly for
Engineering Services
1. Contract with Chamber of Commerce for 2004 Tourism Promotion Services:
Economic Development Director Smith presented the 2004 contract with the Chamber
of Commerce for tourism promotion services. As proposed, the contract is for a total
of $238,215, with $55,000 allocated for the Visitor Center, $527.00 for Chamber
membership dues, and $182,688 for tourism promotion services. The latter figure
represents expenditures for special events and a potential capital project in the form of
a new mural up to $10,000. Mr. Smith indicated this is a typical annual contract that
was included in the 2004 adopted budget. However, he pointed out that there had been
a shortfall in revenue for 2003, so the new contract is marginally less than was
originally recommendedby the Lodging Tax Advisory Committee and approved by the
Council in the 2004 budget. Following a meeting he held with Finance Director
Ziomkowski and Chamber Director Russ Veenema, the contract was developed at
$5,117 less. Discussion followed, and Mr. Smith indicated that the contract amount
also included an allocation of $20,000 for Parks & Recreation.
Councilmember Rogers moved to authorize the Mayor to sign the contract with
the Port Angeles Chamber of Commerce for 2004 tourism information and
promotion services and capital projects in the amount of $238,215. The motion
was seconded by Councilman Braun. Chamber of Commerce Director Russ
Veenema advised the Council that he would continue with the practice of providing the
Council with quarterly updates on these expenditures. Councilman Munro inquired as
to 2004 projections, and Mr. Veenema responded that nationwide forecasts for 2004
tourism are quite positive, and he was hopeful this part of the country would be
consistent with the national predictions. As the economy grows, people feel more
comfortable with travel. Manager Quinn added that the 2003 experience was $28,000
less than amended in the budget, and he noted the revenues for the last half of the year
exceeded the same months for the prior year. He indicated the City is looking
positively toward 2004. Mr. Veenema expressed the hope that he could return to the
Council in August or September to revise the budget. A vote was taken on the
motion, which carried unanimously.
2. Consultant Agreement with Parametrix, Inc., for 2004 Engineering Services:
Deputy Director of Engineering Services Kenworthy presented information pertinent
to the proposed consultant agreement with Parametrix, noting that Parametfix has been
working on Landfill engineering, as well as support engineering at the Wastewater
Treatment Plant. The consultant, along with the City, has been heavily involved with
the County and the City of Sequim with regard to a transfer station, and the City has
been very pleased with the consultant's support. Councilman Braun suggested the
dollar amount for the contract should have a "not to exceed" amount specified, and
Councilman Braun then moved to authorize the Mayor to sign an Agreement for
Professional Services with Parametrix in an amount not to exceed $501,532.00
and proceeding with Tasks 1 - 6. The motion was seconded by Councilmember
Rogers and carried unanimously.
Amendment No. 3 to Consultant Agreement with Skillings-Connolly for
Engineering Services:
Deputy Director Kenworthy presented the amendment to the contract with Skillings-
Connolly for 2004 engineering services. The consultant designed the extension of the
water transmission line from the Peabody Reservoir across Peabody Creek, but the bids
for the project had to be rejected. The City is now adding to that project and plans to
rebid in the spring. Other work will involve sewer replacement in Park Avenue from
Race to Porter Streets, which is part of gaining additional sewer capacity to serve the
Campbell/Porter area. Deputy Director Kenworthy indicated that other work will
involve the provision of sewer and storm design to eliminate Pump Station No. 1 in
order to convert to a gravity system. He stated that Skillings-Connolly has proven to
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Amendment No. 3 to
Consultant Agreement with
Skillings-Connolly for
Engineering Services
(Cont'd)
Amendment No. 1 to
Consultant Agreement with
Brown & Caldwell for
Engineering Services
CITY COUNCIL MEETING
January 20, 2004
be very efficient as an addition to staff, and the Utility Advisory Committee has
reviewed the amendment and recommended approval.
Discussion followed, and Councilman Pittis inquired as to why the City is having a
consultant design the gravity system. Deputy Director Kenworthy responded it is due
to lack of staff, and he further explained project demands on staff. Councilmember
Rogers indicated the Utility Advisory Committee had discussed staff capacity and when
it is or is not appropriate to use consultants in view of long termplans for projects. The
issue of timing on projects was addressed, and Councilman Pittis asked if the issue of
timing is what is driving the use of consultants,particularly as relates to the potential
development in the Campbell/Porter area. Manager Quinn acknowledged that timing
on this particular project is critical, as it is hoped the application process on a
development proposal can be completed in 120 days.
Councilman Williams referenced the vicinity map on Page 15 of the packet, noting the
graphic indicating sewer replacement. He asked if the line is from Pump Station No.
1 to Pump Station No. 3, and Deputy Director Kenworthy responded in the affirmative.
He further described the pumping process, and Councilman Williams asked what
measures had been incorporated into the contract as relates to the Tribe. Deputy
Director Kenworthy indicated there will be a full review during the permitting process,
and the consultant will be in full contact with the Tribe to assure continuity on the
project. Councilman Williams felt it important that certain measures be taken in order
to avoid a repeat of the situation with the Department of Transportation across the
street. Deputy Director Kenworthy indicated that, if an issue should arise, the City
could pursue other options. Although more difficult and less cost effective, the City
could choose the route along the industrial water line and could possibly hang the line
from the industrial water line. Councilman Williams then inquired as to an escape
clause in the contract, and Deputy Director Kenworthy responded there is a termination
clause by mutual agreement. He emphasized the factthat trenching for a project like
this is not as critical as a mass excavation. He reminded the Council that the Tribe has
been involved in other City projects inthe past. AttomeyKnutsonbriefly reviewed the
termination clause in the contract and stated his confidence that the consultant will stop
work if told to do so.
Councilman Pittis moved to authorize the Mayor to sign Amendment No. 3 to the
Agreement for Professional Services with Skillings-Connolly, increasing the total
contract amount from $256,938 to an amount not to exceed $299,059, which is an
increase of $42,120. The motion was seconded by Councilmember Erickson.
Councilman Williams indicated he would support the motion based on the discussion
held regarding his concerns as to cultural heritage. A vote was taken on the motion,
which carried unanimously.
At this time, Mayor Headrick recognized the presence 0f former Councilman Campbell
and his wife in the audience. Mr. Campbell, 820 Milwaukee Drive, approached the
podium and indicated he would be speaking later in the meeting with regard to the 2004
Comprehensive Plan update.
Amendment No. 1 to Consultant Agreement with Brown & Caldwell for
Engineering Services:
Deputy Director Kenworthy presented information pertinent to the amendment to the
agreement with Brown & Caldwell, noting Brown & Caldwell has done the majority
of the wastewater engineering services over the years and has performed quite well.
There are several tasks that need to be completed, one of which is to assist the City in
Olympia on the matter of combined sewer overflows. He reviewed the task list and
indicated the agreement had been recommended for approval by the Utility Advisory
Committee. Councilmember Rogers referenced the task list, noting the importance of
the individual tasks. Councilman Pittis noted Task #5 and inquired as to its
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CITY COUNCIL MEETING
January 20, 2004
Amendment No. 1 to
Consultant Agreement with
Brown & Caldwell for
Engineering Services
(Cont'd)
Economic and Engineering
Services Agreement, Solid
Waste Rate Study
CONSENT AGENDA:
CITY COUNCIL
COMMITTEE
REPORTS &
CALENDAR:
importance, and Deputy Director Kenworthy responded it is very important in view of
the fact the City has exceeded the trigger of 85% on numerous occasions. Following
further brief discussion, Couneilmember Rogers moved to authorize the Mayor to
sign Amendment No. 1 to the Agreement for Professional Services with Brown &
Caldwell, increasing the total contract amount from $159,920 to an amount not
to exceed $391,141. Councilman Braun seconded the motion, which carried
unanimously.
5. Economic and Engineering Services Agreement, Solid Waste Rate Study:
Deputy Director of Power Systems McLain discussed the transition of the Solid Waste
Utility into a transfer station/long haul facility in 2006. He indicated the last rate
analysis was conducted in 2001, and no changes were made at that time. As a separate
issue, the minimum landfill tipping fee was changed in March of 2002 from $2.00 to
$7.00. With the considerable changes taking place, staff felt it would be prudent to
conduct a rate analysis at this time. Deputy Director McLain reviewed two different
scenarios, the first of which covers the period from 2004 to 2006, and involves pre-
closure operations and overall revenue requirements for collections and land filling.
It will also review previous funding assumptions for the closure fund and the post-
closure fund, both of which are required by law as part of the closure of the cells.
Based on funding provided, it is anticipated that both funds will be fully funded this
year.
Mr. McLain reviewed the second scenario, which involves operations after closure, to
include collections, transfer station operations, and long hauling. He indicated this
scenario will be based on a City-operated facility in order to provide a baseline for
operational costs when a Request for Proposal for privatization is solicited later in the
year relative to the transfer station and long hauling. The study will also provide
necessary information for the development of Requests for Qualifications and Requests
for Proposals, and the estimated budget is $25,000, with a $3,000 contingency subject
to City Manager approval. Discussion ensued, and Deputy Director McLain responded
to an inquiry from Councilman Piths that the financial information needed for Scenario
#2 would be provided by Parametrix. Following further brief discussion, Councilman
Braun moved to authorize the Mayor to sign an agreement with Economic and
Engineering Services for a comprehensive rate study for the Solid Waste Utility
and authorize the City Manager to issue changes to the scope of work in an
amount not to exceed $28,000. Couneilmember Rogers seconded the motion,
which carried unanimously.
Councilmember Erickson moved to accept the Consent Agenda, to include: 1.)
City Council Minutes of January 6, 2004; 2.) Expenditure Approval List - January 9,
2004 - $1,030,502.14; and 3.) Appointments and Reappointments to City Boards,
Commissions, and Committees. The motion was seconded by Councilman Munro
and carried unanimously.
Councilmember Rogers reported it was a banner week with the opening of the Skills
Center, the ceremony for the Centers of Excellence, and the CERB approval of funding
for aquaculture and cold storage feasibility studies. She participated in an evaluation
of where Washington schools rank as relates to K-12 and higher education.
Councilman Braun attended the dedication of the Skills Center, a meeting of the Real
Estate Committee, and the open house on the 8~ Street Bridges. Councilman Pittis, on
the matter of the 8th Street Bridges, felt the public had an expectation that all questions
would be answered at the open house. He encouraged everyone to engage the staff and
consultants so that the answers to the questions can be obtained.
Councilmember Rogers indicated there is an Elwha Dam meeting on a Thursday in
February, but she was uncertain as to the date. Manager Quinn offered to follow up on
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CITY COUNCIL
COMMITTEE
REPORTS &
CALENDAR: (Cont'd)
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
Changes to Chapter 14.05,
Electrical Code, City of
Port Angeles Municipal
Code
Ordinance No. 3154
Break
PUBLIC HEARINGS -
OTHER:
Municipal Code
Amendments - MCA 03-02
City of Port Angeles
Ordinance No. 3155
CITY COUNCIL MEETING
January 20, 2004
the meeting. Discussion was held concerning the need for a special Council meeting
to address the 8th Street Bridges project. It was agreed that the special meeting will be
held on Friday, March 12, 2004, 4:00 p.m. - 6:00 p.m. Councilman Pittis felt it would
be worthwhile to invite members of the City's Boards and Commissions.
Changes to Chapter 14.05, Electrical Code, City of Port Angeles Municipal Code:
Deputy Director Kenworthy introduced the proposed changes to the Electrical Code
of the City, and Light Operations Manager Ireland summarized the specific changes in
order to reduce requirements that exceed the Washington State and National Electric
Codes. The proposed changes are also intended to clarify the permitting process. In
the ensuing discussion, a question was raised specific to Page 2 of the Ordinance,
Section 14.05.160D., containing the phrase "with a locked gate or not gate".
Operations Manager Ireland indicated the phrase should read, "with a locked gate or
no gate", so the Ordinance should be corrected accordingly. Following further brief
discussion, Mayor Headrick read the Ordinance by title, entitled
ORDINANCE NO. 3154
AN ORDINANCE of the City of Port Angeles, Washington, amending
the City's electrical code to be consistent with current state and
national electrical code provisions and current permit processing needs
and amending Ordinances 2552 and 3085, as amended, and Chapters
3.70 and 14.05 of the Port Angeles Municipal Code.
Councilmember Erickson moved to adopt the Ordinance as read by title. The
motion was seconded by Councilman Pittis, which carried unanimously.
Mayor Headrick recessed the meeting for a break at 7:25 p.m. The meeting reconvened
at 7:45 p.m.
Municipal Code Amendments - MCA 03-02 - City of Port Angeles: Minor amendments
and corrections to Titles 11, 16, 17, and 18 of the Port Angeles Municipal Code and
to the Planning Commission's By-Laws:
Community Development Director Collins introduced the proposed Municipal Code
Amendments, offering clarification that the Planning Commission By-Lawswere not
in need of Council approval. He indicated the public hearing had been continued in
order to allow sufficient time for comment from the Washington Community, Trade
and Economic Development; no input was submitted by CTED. Director Collins
distributed copies of a proposed redefinition of height, as this issue was discussed in
depth by the Community & Economic Development Committee. It was felt further
clarification was needed to make it easier for the public to understand what their
neighborhood might look like after further development.
Mayor Headrick opened the public hearing at 7:48 p.m. There being no public
testimony, the public hearing was closed at 7:48 p.m. Discussion ensued, and Director
Collins informed the Cotmcil that the proposed changes were intended to increase
public understanding. Mayor Headrick read the Ordinance by title, entitled
ORDINANCE NO. 3155
AN ORDINANCE of the City Council of the City of Port Angeles,
Washington, amending City land use ordinances to be consistent
with other City ordinance provisions and recent changes in State
Law, to provide definitions and clarification of existing regulations,
and to streamline the permitting process, and amending Ordinances
493, 1631, 1709, and 2911, as amended, and Chapters 11.16, 16.08,
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CITY COUNCIL MEETING
January 20, 2004
Municipal Code
Amendments - MCA 03-02
City of Port Angeles
Ordinance No. 3155
(Cont'd)
RESOLUTIONS:
Resolution Encouraging
Public Participation for
Review of City's
Comprehensive Plan
Resolution No. 1-04
and 18.02 and Title 17 of the Port Angeles Municipal Code.
Councilman Braun moved to adopt the Ordinance as read by title, citing Findings
1 - 9 and Conclusions 1 - 3, as set forth in Exhibit "A", which is attached to and
becomes a part of these minutes. Councilmember Erickson seconded the motion,
which carried unanimously.
Clerk's Note: Later in the meeting, Councilman Williams returned to the matter of the
Municipal Code amendments, as he noticed that the table referenced as Exhibit A
contained incorrect information relative to the lighting of signs per site for Bed and
Breakfasts. Therefore, Councilman Williams moved to amend the previous motion
to include a correction to the lighting of signs per site for Bed and Breakfasts to
read "5 sq. ft. indirectly lit", as referenced in Table A, Exhibit A. The motion was
seconded by Councilman Pittis and carried unanimously.
Resolution Encouraging Public Participation for Review of the City's Comprehensive
Plan:
Community Development Director Collins introduced the Resolution establishing how
and when the general public may get involved in the Comprehensive Plan process for
the ten-year review as mandated by the Growth Management Act. The last major
change was accomplished in 1994, and the City is now required to conduct such a
review every seven years. He noted that the public participation program was attached
as an exhibit to the Resolution.
Orville Campbell, 820 Milwaukee Drive, addressed the Council on behalf of the
Citizens Advisory Committee for the purpose of sharing the committee process with
the Council. Commending the City Council for appointing this committee, Mr.
Campbell listed the members of the advisory committee and noted that two meetings
have been held to determine ways of engaging the public in the Comprehensive Plan
update. Emphasizing that everyone has a voice in the upcoming changes, Mr.
Campbell delineated the committee's goals, the first of which is to make sure that as
many people as possible from the community are engaged in the process. The second
goal is to elicit as manyideas, visions, concerns, and opportunities as possible from the
public. The kickoff will be a "2020 Vision Week" scheduled for February 9 - 12,
which will involve heavypublicity in order to gain as much involvement as possible.
Mr. Campbell mentioned other means by which the public will be notified, indicating
there will be four days for the citizens to come and obtain information about the
Comprehensive Plan update and to provide input. The focus is to recognize that
different people have different times in which they can participate in such an activity,
as it is important to be certain that the citizens have some time to attend the event, take
advantage of the information, and make their views known. Subsequently, the
committee will conduct a series of meetings in which the citizens will have an
opportunity to discuss their desired changes and solutions to problems. Once all of the
information is gathered, the committee will distill the information into what they view
as the revised plan. Councilmember Rogers indicated the Community & Economic
Development Committee reviewed the participation plan and was impressed with the
commitment being made to the process.
Mayor Headrick read the Resolution by title, entitled
RESOLUTION NO. 1-04
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, approving a public participation program for the
City of Port Angeles 2004 Comprehensive Plan Update in
compliance with the Growth Management Act of the State of
Washington.
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Resolution Encouraging
Public Participation for
Review of City's
Comprehensive Plan
Resolution No. 1-04
(Cont'd)
OTHER
CONSIDERATIONS:
Interlocal Agreement with
Clallam Transit for
Condemnation Legal
Representation
City Council Committee
Assignments
2004 City Goals -
Community Work Plan
PUBLIC HEARINGS -
QUASI-JUDICIAL:
INFORMATION:
CITY COUNCIL MEETING
January 20, 2004
Councilman Pittis moved to pass the Resolution as read by title. The motion was
seconded by Couneilmember Erickson and carried unanimously.
1. Interlocal Agreement with Clallam Transit for Condemnation Legal
Representation:
Attorney Knutson presented the agreement between the City and Clallam Transit for
the City Attorney to cooperate with the attorney for Clallam Transit in the
condemnation actions filed or to be filed on the Gateway Project. It is intended that the
City Attorney be involved so that he can keep the City Council and the City Manager
informed as to the progress of the litigation. Attorney Knutson indicated that Clallam
Transit is taking the lead on the project and the lawsuits, but there could be some
involvement on the part of the City Attorney based on Transit's requests and the City
Attorney's time restraints. Councilman Pittis inquired as to whether there is a
possibility for reimbursement of the City Attorney's time through the project grant
funds, and Attorney Knutson indicated he would check. Councilmember Erickson
moved to authorize the Mayor to sign the Interiocal Agreement with Clallam
Transit for Condemnation Legal Services. The motion was seconded by
Councilmember Rogers and carried unanimously.
Jack Heckman, 647 Black Diamond Road, approached the podium and read an e-mail
sent by his father on the matter of negotiations and possible condenmation of his
property in conjunction with the Gateway Project. Mr. Heckman assured the Council
he would provide copies of the document for the City's records.
When asked if he had a response, Attorney Knutson indicated there would be legal
issues in the litigation and, if the matter does proceed to court, then those issues will
be decided by a Judge. Mr. Heckman felt the proceedings for condemnation had been
authorized when the Heckman's haven't been given the opportunity to complete
negotiations. Attorney Knutson clarified that the Council's action this evening merely
authorizes the City Attorney to be involved in order to keep the City Council informed
on the matter, and that the property could still be acquired by agreement of the parties.
2. City Council Committee Assignments:
The members of the City Council reviewed the various committee assignments and
agreed to minor changes. The City Clerk will provide updated information to the
Council.
3. 2004 City Goals - Community Work Plan:
Manager Quinn presented the 2004 City Goals and Community Work Plan, asking for
Council approval. Councilman Pittis urged the use of Spell Check and suggested that
acronyms be avoided. Couneilmember Erickson moved to approve the 2004 City
Goals and Community Work Plan, incorporating the changes proposed. The
motion was seconded by Councilman Pittis and carried unanimously.
None.
Manager Quinn reported he had been contacted by the Sequim City Manager,
suggesting that a joint meeting of the two City Councils be scheduled. Manager Quinn
offered to work with Manager Elliott in order to scheduled such a meeting.
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CITY COUNCIL MEETING
January 20, 2004
EXECUTIVE SESSION:
RETURN TO OPEN
SESSION:
ADJOURNMENT:
The meeting adjourned to Executive Session at 8:38 p.m. to discuss one item of real
estate and one item of litigation for approximately 30 minutes.
The meeting returned to Open Session at 9:10 p.m. Concerning the Bonneville Power
Administration Litigation Settlement, Councilmember Erickson moved to authorize
the Mayor and the attorney of record to sign the appropriate documents in
support of the settlement agreement related to the 2001 BPA rate case litigation.
The motion was seconded by Councilman Braun and carried unanimously.
. meeting was adjourned at 9:10 p.m.
Richard A. I-l~adrick, Mayor
BTcky $. upto~CT~lerk - I-- --'
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RECOMMENDED CONDITIONS, FINDINGS AND CONCLUSIONS IN SUPPORT OF
MUNICIPAL CODE AMENDMENT - MCA 03-02 - CITY OF PORT ANGELES
Findings:
Based on the information provided in the Department of Community Development
Memorandum in support of Port Angeles Municipal Code Amendment MCA 03-02 dated
November 12, 2003, including all information in the public record file, comments and
testimony presented during the public heating, the discussion and deliberation, the City of
Port Angeles Planning Commission hereby finds that:
The City of Port Angeles Department of Community Development proposed
Municipal Code Amendment MCA 03-02 which would amend Sections
11.16.070 (Building Numbering); 16.04.100 (Preliminary Short Plat Approval);
16.08.030 (Subdivision Definitions); 17.08.025, 17.08.045, and 17.08.087
(Zoning Definitions); 17.13.080 (Residential Trailer Parks); 17.21.040
(Commercial Neighborhood Zone Permitted Uses) and 17.21.060 (Commercial
Neighborhood Zone Conditional Uses); 17.22.040 (Commercial Shopping District
Permitted Uses) and 17.22.060 (Commercial Shopping District Conditional Uses);
17.23.040 (Commercial Arterial District Permitted Uses) and 17.23.060
(Commercial Arterial District Conditional Uses); 17.15.040 (Residential High
Density Conditional Uses); 17.32.020 (Industrial Light Zone Permitted Uses); and
17.40.040(S) (Public Buildings and Parks Permitted Uses); and 17.96.125
(Administration and Enforcement) of the Port Angeles Municipal Code to clarify
and further define and streamline standards contained therein, and to amend the
Planning Commission Bylaws by updating information and setting an earlier
meeting time.
During the year, staff notes areas in the Municipal Code, particularly with regard
to land use issues, that may need clarification, do not match current interpretation
or policy, are obviously in error, or have become outdated. Proposals are then
formulated and forwarded to the Planning Commission for a recommendation to
the City Council for subsequent action. Municipal Code Amendment MCA 03-02
is proposed as an effort to revise and update current wording found in various
sections of the Municipal Code that is confusing, correct errors, and streamline the
development process.
It is the Community Development Department staff's belief that when the City
was identifying those application processes covered by the State of Washington's
1996 consolidated permit processing regulations, short subdivisions were
mistakenly included. The definitions found in 36.70(B) RCW and 58.17.020
RCW support the belief that short subdivisions were not intended to be included
in the consolidated review process but should have remained in the category of
administrative processes not requiring extraordinary review or public hearings.
Additionally, although Section 18.02.020 PAMC includes short subdivision
processes in those permits to be processed through the consolidated permit review
procedures, that information was not repeated in Section 16.04.020 PAMC which
contains the City's short subdivision process procedures.
Exhibit "A"
5147
5148
Findings and Conclusions - MCA 03-02
CITY OF PORT ANGELES
January 20. 2004
Page 2
Per Section 17.96.100 PAMC Amendments, in determining if an amendment to
these regulations [zoning] is needed, the City Council shall give due consideration
to the proper relationship of such amendment to the Comprehensive Plan and the
City's entire zoning regulations. Any amendment adopted by the City Council
may be modified from the form in which it is advertised within the limits
necessary to relate properly such amendment or amendments to the Zoning
Regulations. Final action on such modifications shall be subject to review and
report of the Planning Commission prior to final passage by the City Council.
o
The City's Comprehensive Plan and Land Use Map have been reviewed with
respect to the proposal. Growth Management Element Goal A and Policy A. 1;
Land Use Element Map, Goal, Policies and Objectives Goal A, Policy A.2,
Objective 1; Residential Goal C, Policy 1; Commercial Policies Goal D, Policy 1,
and Goal E, Policy 3, were found to be the most relevant with regard to the
proposal.
Public notification of the intent to review the City's Municipal Code with the
intent to make minor amendments for clarification and correction purposes was
placed in the Peninsula Daily News on October 28, 2003. No written public
comment was received during the comment period.
The City of Port Angeles SEPA Responsible Official issued a Determination of
NonSignificance on November 10, 2003, for the proposal. This satisfies the
City's responsibility under the State Environmental Policy Act.
o
The Port Angeles Planning Commission conducted a public hearing on November
12, 2003, for consideration of the proposed amendment. Following the hearing,
the Planning Commission forwarded a recommendation of approval of the
proposed amendments to the City Council that will consider the proposed
Municipal Code Amendments at a public hearing on December 16, 2003.
The Port Angeles City Council conducted a public hearing on December 2, 2003,
in consideration of the amendments as proposed by the Planning Commission and
staff The hearing was continued to January 20, 2004, to allow for a required
review period by the State of Washington Department of Community, Trade, and
Economic Development. No comments were received during the review period.
Council conducted a continued public hearing for consideration of the proposed
amendments on January 20, 2004.
5149
Findings and Conclusions - MC/I 03-02 January 20, 2004
CITY OF PORT ANGELES Page 3
Conclusions:
Based on information provided in the Department of Community Development Staff Report
dated November 12, 2003, for MCA 03-02, including all information in the public record file,
comments and testimony presented during the public heating, the Planning Commission
discussion and deliberation, and the above listed findings, the City of Port Angeles Planning
Commission hereby concludes that:
As proposed, the Municipal Code Amendments are consistent with the goals
and policies of the City's Comprehensive Plan including but not limited to:
Growth Management Element Goal A; Land Use Element Map Goal A, Policy
A.2, and Objective A. 1, Residential Goal C, Policy 1; Commercial Goal D,
Policy 1 and Goal E, Policy 3.
Specific amendments will result in clarification of existing information contained
within the text of the City's zoning, subdivision and building numbering sections
of the Port Angeles Municipal Code, and bylaws for the Planning Commission
making the information more readily understood. The proposed amendments will
correct an error in regulations identifying the processing procedure for short
subdivision applications as was intended by the State's RCWs as if processed
through the consolidated permit processing regulations, processing for short
subdivision applications would be extended an unnecessary amount of time.
As proposed, the amendments contained in MCA 03-02 are in the public use and
interest and will further clarify the intent of existing regulations and streamline the
permit application process.
dopted by the Port Angeles City Council at its meeting of January 20, 2004.
Richard Headrick, Mayor
Becky J. Ul~n, ~/ity Clerl/