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HomeMy WebLinkAboutMinutes 02/02/1999 3893 CITY COUNCIL MEETING Port Angeles, Washington February 2, 1999 CALL TO ORDER - Mayor Braun called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 5:30 p.m. ROLL CALL: Members Present: Mayor Braun, Councilmembers Campbell, Doyle, Hulett, McKeown, Wiggins, and Williams. Members Absent: None. Staff Present: Manager Ibarra, Attorney Knutson, Clerk Upton, B. Becker, S. Brodhun, B. Collins, K. Godbey, S. Ilk, J. Pittis, L. Haehnlen, G. Kenworthy, and T. Smith. Public Present: S. Mathews, L. Lee, L. McHone, B. Riley, and C. Sparkman. PLEDGE OF The Pledge of Allegiance to the Flag was led by former Councilman Larry Schueler. ALLEGIANCE: CEREMONIAL Presentation of Key for New Library and Public Works History Book MATTERS/ PROCLAMATIONS: At Mayor Braun's request, Director Pittis introduced Gary McLaughlin, President of the North Olympic Library System Board; Sally Mathews, member of the Friends of the Presentation of Key for Library; George Stratton; Larry Haas; and Larry Schueler, who was on the Library New Library and Public Advisory Committee. Director Pittis presented the library with a copy of the Public Works History Book Works History Book, which includes some of the history of Port Angeles. Mayor Braun presented a gold key for the new library to the Library Board, noting the new library was a facility of which the City could be proud. Mr. McLaughlin thanked the City and the Friends of the Library for the support given during this project. The new library would not have happened without the cooperation and team effort of all three entities. Larry Schueler felt the public received a far better product thanks to the partnership between the Library and the City. Director Pittis also thanked Holy Trinity Lutheran Church for the parking lot agreement. PADA Partner Award Arla Holzschuh, Port Angeles Downtown Association, 105 1/2 E. First Street, and Eileen Presentation to Tim Smith Knight, Bergsma Showroom, 115 E. Railroad Avenue, introduced themselves to the Council. Ms. Holzschuh gave a brief presentation on the Port Angeles Downtown Association and presented Timothy Smith, Economic Development Director, with .the Partner Award, the highest award given by the Downtown Association. Mr. Smith thanked the Downtown Association and stated he would share this award with the City Council, who has supported the downtown revitalization, as well as the City Manager's office and all the Department Heads. WORK SESSION: None. -1- 3894 CITY COUNCIL MEETING February 2, 1999 LATE ITEMS TO BE Councilman Wiggins asked that a presentation by the VCB/Chamber of Commerce be PLACED ON THIS OR scheduled for the next Council meeting, February 16, 1999. He asked that the Lodging FUTURE AGENDA: Tax Advisory Committee members be invited to attend. Manager Ibarra asked to add Item H. 2., a resolution regarding declaration of an emergency for disaster funding and waiving bid laws. FINANCE: ~lward of Bid for Library Demolition Library Demolition Mayor Braun reviewed the information provided by the Public Works Department, and Director Pittis informed the Council that fourteen bids were submitted. He explained when and how the demolition will take place. Discussion followed, and Director Pittis responded to questions posed by the Council. Councilmember McKeown moved to accept the bid of R. J. Services, Inc., in the amount of $79,411.70 and authorize the Mayor to execute the demolition contract. Councilman Williams seconded the motion, which carried unanimously. CONSENT AGENDA: Councilman Doyle moved to approve the Consent Agenda, including: 1.) City Council minutes - January 19, 1999; 2.) Out of State travel request - Chief of Police; 3.) Contracts for Services: a.) Chamber of Commerce, b.) Clallam County YMCA, c.) P.A. Boys & Girls Club. Councilman Campbell seconded the motion,.which carried unanimously. CITY COUNCIL Councilman Wiggins attended meetings for Public Health, Gateway, and the Elwha COMMITTEE Committee. At the next Gateway Committee meeting, the consultant will be chosen, REPORTS: which is of some significance. change the time of Council meetings from 5:30 p.m. to 6:00 p.m. Councilman Hulett seconded the motion. Discussion followed, and Councilman Doyle pointed out that staff may need time to make this change official. Manager Ibarra explained an ordinance making this change will need to be presented to Council at the next meeting. Also, he felt a time delay of 30 days would be helpful so as to educate the public regarding the change in meeting times. A vote was taken on the motion, which carried unanimously. Councilmember McKeown and Mayor Braun, attended the Boys & Girls Club Open House. The children were very happy and excited, and Councilmember McKeown felt having a safe place for the children would save the City money over the long term. Councilman Doyle also attended the Open House and felt it was a real asset to the area. Councilmember McKeown accompanied Planning Director Collins to a Southwest Puget Sound Endangered Species Act Subregion meeting. She provided a brief history of how the Subregion came about and described what took place at the meeting. Councilmember McKeown explained that Port Angeles has five large projects identified, including the Elwha stock preservation channel and the Morse Creek acclimation pond. Under the ESA funding process, the cities are going to be responsible for enforcing the existing regulations, yet have no say in what is happening. Councilmember McKeown also feared the City's Elwha River water rights may be diminished under this program. Discussion ensued. Councilmembers McKeown and Campbell will bring new information to the Council as itis received. Mayor Braun.attended earthquake training at the Fire Department, installed new officers for the Chamber of Commerce, the Annual Downtown Business Association meeting and the United Way Campaign dinner. Mayor Braun also attended the open house for the Boys and Girls Club and felt it was doing a f'me job, -2- 3895 CITY COUNCIL MEETING February 2, 1999 Moving of Buildings Ordinances Not Requiring Public Hearings Revision to Ordinance Regulating Moving of Buildings Mayor Braun reviewed the information provided by the Public Works Department and asked Director Pittis for additional input, which he provided. Discussion followed. Councilman Doyle felt the definition of "building" should be modified and section 14.32.030 C. should be changed to exempt new or used manufactured homes. Lou Haehnlen, Building Official, explained that the Uniform Building Code defines anything larger than 120 square feet of floor area requires a building permit. That is why the definition of building is any structure greater than 120 square feet. Regarding the initial factory installation, a permit is required to place a manufactured home on your property. This permit covers the moving of the building onto a lot. A moving permit would be required to move an existing manufactured home from one lot to another. Discussion followed, and Councilman Doyle felt clarification was needed regarding moving of construction trailers. Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. __ , AN ORDINANCE of the City of Port Angeles, Washington, regulating the moving of buildings, repealing Ordinance 1766 as amended, and codifying this Ordinance as Chapter 14.32 of the Port Angeles Municipal Code. Further discussion ensued, and Councilman Wiggins suggested amending section 14.32.030 A. to read "...street, or alley to a location in the City without first...". Director Collins suggested it read "...or alley to or from a location...". Councilman Doyle stated this still did not exempt construction trailers or other uses which are not permanent residences. He suggested staff rework the Ordinance to make it more understandable. Councilman Doyle moved to table this item to the next Council meeting. Councilman Wiggins seconded the motion, which carried unanimously. Supplier for Geographic Resolutions Not Requiring Public Hearings Information System products Resolution Designating Sole Source Supplier for Geographic Information System (GIS) Resolution No. 1-99 Products Mayor Braun reviewed the information provided by the Public Works Department. Director Pittis responded to questions posed by the Council and provided clarification. At Councilman Wiggins's request, Director Pittis described how costs are controlled when there is a sole source provider. Mayor Braun read the Resolution by title, entitled RESOLUTION NO. 1-99 A RESOLUTION of the City Council of the City of Port Angeles, Washington, designating Environmental Systems Research Institute, Inc., as the sole source for acquisition of geographical information system products. Councilman Wiggins moved to pass the resolution as read by title. Councilman Campbell seconded the motion, which carried unanimously. -3° 3896 CITY COUNCIL MEETING February 2, 1999 Break Mayor Braun recessed the meeting for a break at 6:50 p.m. The meeting reconvened at 7:00 p.m. PUBLIC HEARINGS - None. QUASI-JUDICIAL: PUBLIC HEARINGS - 1. Consideration of Application for CDBG General Purpose Grant OTHER: Mayor Braun reviewed the information provided by the Public Works Department, and CDBG General Purpose Director Pittis explained the reason for the public hearing. Community Action has been Grant the City's administrator for these funds, and staffwas present to discuss their role in the program. Mayor Braun opened the public hearing at 7:05 p.m. Bill Riley, 910 East Blair, Sequim, Director of the Community Action Council, encouraged the City to continue the Housing Rehabilitation Program. It is one way for low income homeowners to protect their assets. Mr. Riley introduced Carolyn Sparkman, Acting Director of the Rehabilitation Program. Carolyn Sparkman,. 122 Mt. McDonald Rd., Acting Director of the Housing Preservation Program, explained the purpose of the public heating. The Department of Community, Trade, and Economic Development (DCTED) is awarding $8 million in general purpose block grants in amounts up to $750,000 to eligible municipal governments. Ms. Sparkman explained how the money could be spent and stated the City has received four grants .totaling $2.5 million for the Housing Rehabilitation Program. Ms. Sparkman reviewed the history and past accomplishments of this Program, as well as what can be accomplished in the future. Ms. Sparkman stated that grant funding will help pull other funds to the area to improve housing and economic conditions of our community. Discussion ensued, and Mr. Riley and Ms. Sparkman responded to questions posed by the Council and provided additional information and clarification regarding the Rehabilitation Program. There was no further public testimony, and Councilman Doyle moved to continue the public hearing to February 16, i999. Councilman Wiggins seconded the motion, which carried unanimously. Code Amendment 2. Municipal Code Amendment - MCA 98-05 - City of Port Angeles, City-wide, Ordinance No. 3009 proposal to amend Zoning Code provisions regarding nonconforming structures and substandard lots Mayor Braun reviewed the information provided by the Planning Department. Director Collins supplied additional information, responded to questions, and provided clarification regarding the changes in the Ordinance. Councilmember McKeown expressed concern regarding section 17.95.030 B.2. of the Ordinance as being unfair to a small business owner with an old, low valued, nonconforming building. Lengthy discussion followed regarding the interpretation of this section and possible amendments. Director Collins explained that the wording refers to the damage assessment of the existing property and not to the cost of reconstruction. Regarding section 17.95.030 C, Councilman Doyle asked for a de£mition of "minor repairs", and Director Collins stated this section had been amended by the Planning Commission to delete the reference to "nonstmctural repairs". A clef'tuition of"minor repair" was not provided. At Councilman Williams' request, clarification was provided regarding the legality of moving nonconforming buildings from one lot to another within the City limits, without complying with new building codes. After further discussion, Mayor Braun opened the public hearing at 7:55 p.m. There was no public testimony; therefore, Mayor Braun closed the public hearing at 7:55 p.m. -4- 3897 CITY COUNCIL MEETING February 2, 1999 Code Amendment and read the Ordinance by title, entitled Ordinance No. 3009 (Cont'd) ORDINANCE NO. 3009 AN ORDINANCE of the City of Port Angeles, Washington, amending provision in the Zoning Code regarding nonconforming buildings and substandard lots and amending Ordinance 1709 -as amended and Chapters 17.08, 17.95, and 17.96 of the Port Angeles Municipal Code. Attorney Knutson noted that on page 91, section 17.96.040 Substandard Lots, the comma in the first line can be deleted. Councilman Wiggins moved to adopt the Ordinance as read by title. Councilman Hulett seconded the motion. Councilman Williams expressed concern that if an older home were moved, it would have to be updated. He felt an allowance should be made in the Ordinance for historical structures or preservation of existing buildings. Director Collins stated this issue is not addressed by this Ordinance but would be covered in the ordinance regulating the moving of buildings. A vote was taken on the motion, which carried unanimously. Attorney Knutson reminded the Council that findings and conclusions were not adopted; therefore, Councilman Wiggins moved to adopt Findings 1 - 6 and Conclusions A - D as set forth in Exhibit ,A', which is attached to and becomes a part of these minutes. Councilman Hulett seconded the motion, which carried unanimously. Other Considerations Annexation Petition - 1. Request to Circulate Annexation Petition - ANX 99-01 - Corbett/Stetson, north Corbett/Stetson of Highway 1 O1 and east of DelGuzzi Drive Mayor Braun reviewed the information provided by the Planning Department. Using the overhead projector, Director Collins demonstrated the area under discussion, responded to questions and provided additional information and clarification regarding this annexation petition and the annexation process. Larry McHone, representing the applicants, explained what the owners intend to do with the property if the annexation is approved. There is only about 30,000 square feet of usable property, and it would be preferred that this area be zoned commercial to allow for a low traffic use such as a small office building. Mr. McHone stated his clients are willing to merge the lots into one, to prevent anyone from attempting to build on small, narrow lots. Discussion ensued and Director Collins responded to questions regarding the Findings and Conclusions. Councilman Doyle moved to allow the circulation of the annexation petition as conditioned in the Planning Commission's recommendation, citing Findings 1 - 14 and Conclusions 1, 10 as set forth in Exhibit "B" which is attached to and becomes a part of these minutes. Couneilmember McKeown seconded the motion. Following brief discussion, a vote was taken on the motion, which carried unanimously. Declaration of Emergency Resolutions Not Requiring Public Hearings (Continued) Resolution No. 2-99 & Resolution No. 3-99 2. Declaration of Etnergency for Disaster Funding and Waiving Bid Laws Mayor Braun reviewed the information which had been distributed by Director Pittis. Director Pittis explained that Clallam County has not yet been declared a disaster area; however, staff is putting together the documentation to send to the State for that ruling. -5- 3898 CITY COUNCIL MEETING February 2, 1999 Declaration of Emergency Two resolutions must be approved by the Council before staff can proceed. The first Resolution No. 2-99 & resolution declares an emergency and dispenses with bid requirements; the second Resolution No. 3-99 declares a state of emergency and authorizes a request for emergency relief. Director Pitris reviewed a map which demonstrated the areas which have received the greatest damage, gave a general overview of the weather, and described the damage caused by the rain. He played a video which showed the damage done by the recent inclement weather and responded to questions posed by the Council. Of particular concern, was the damage to the industrial waterline and the possible damage to the exposed waterline from the Ranney Collector at the Elwha River, which would result in the City losing its potable water. Mayor Braun stated he had accompanied Director Pittis and Manager Ibarra on a tour of the damage. This is an extreme emergency, and Mayor Braun urged the Council to take immediate action. Following further discussion and clarification, Mayor Braun read the first resolution by title, entitled RESOLUTION NO. 2-99 A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring an emergency, dispensing with the requirement of calling for bids for the repair of the broken industrial watermain and other water utility facilities, and authorizing the City Manager to sign the necessary contracts. Councilman Itulett moved pass the resolution as read by title. Councilman Williams seconded the motion. Discussion followed, and Manager Ibarra thanked Director Pittis and his staff for the countless hours they have spent working in adverse weather conditions to keep damage at a minimum. A vote was taken on the motion, which carried unanimously. Mayor Braun read the second Resolution by title, entitle RESOLUTION NO. 3-99 A RESOLUTION of the City Council of the City of Port Angeles declaring a state of emergency and authorizing the request of state and/or federal emergency relief and/or assistance. Councilman Doyle moved to pass the Resolution as read by title. Councilman Wiggins seconded the motion, which carried unanimously. Agreement with US Dept. Other Considerations (Continued) of Wildlife 2. Cooperative Service Agreement with U.S. Department of Wildlife Mayor Braun reviewed the information provided by the Public Works Department. Manager Ibarra explained that this is a continuation of a past contract with the U. S. Dept. of Agriculture (USDA). He also announced that the Clallam County Department of Health had just this past week issued the Landfill permit for the operation of Cell 3. Phil Volk was just named the new Airport Manager, and Manager Ibarra noted how important the Port is to the operation of this plan with the USDA. Director Pittis explained that the agreement is a continuation of the wildlife services by -6- 3899 CITY COUNCIL ME~G February 2, 1999 Agreement with US Dept. the USDA for hazing of wildlife. This fulfills a requirement of the permit, and the work of Wildlife (Cont'd) that has been performed to date has been excellent. Councilman Doyle noted that a correction was needed to the Work Plan, the contact person should read Patrick Ibarra. Discussion followed, and Director Pittis responded to questions and provided clarification. Councilman Campbell moved to authorize the Mayor to sign the Work Plan/Financial Plan with the United States Department of Agriculture. Couneilmember MeKeown seconded the motion, which carried unanimously. INFORMATION: Manager Ibarra noted a correction to the calendar in that the City Breakfast will be held City Breakfast Friday, March 19, 1999. Annual Reports Manager Ibarra encouraged Council to read the Fire and Police Department annual · reports. Council Retreat Discussion was held regarding an acceptable date for the Council Retreat. It was the general consensus of the Council to hold the Retreat on Saturday, February 20, 1999, from 8:00 a.m. until noon, and Monday, February 22, 1999, from 6:00 p.m. until 9:00 p.m. Manager Ibarra stated he would reserve a meeting room and inform the Council of where the Retreat will be held. Joint Meeting with the Port Manager Ibarra stated that with Council's approval, a meeting was set with the Port for Monday, March 15, 1999, at 4:00 p.m. Once a meeting place has been selected, Council will be so notified. Meeting with County Manager Foarra stated he had invited the County Commissioners to the March 16, 1999, Commissioners Council meeting for a work session. Soroptimist Gift The Soroptimist Jet-Set Group donated $5,000 to fund the development of an octopus topiary to be placed at City Pier. Scott Brodhun defined topiary and estimated a time frame for the completion of this project. Councilmember McKeown stated the Home Builders Association's gift to this project is as big as the Soroptimists', as they are hauling an eight foot rock to the pier to be used as the base of the topiary. Grant Award At Manager Ibarra's request, Police Chief Ilk gave a brief presentation on the $100,000 grant awarded by the Department of Justice for the purchase of software that will benefit law enforcement agencies in Clallam County. Brief discussion followed, and Chief Ilk responded to questions. Landfill Permit Councilman Campbell asked if the hold harmless agreement contained in the County Compliance Order for the landfill permit was now moot. Attorney Knutson responded affirmatively, it was only in effect until the permit was issued. ADJOURN TO Mayor Braun 'adjourned the meeting to Executive Session at 9:40 p.m. for EXECUTIVE SESSION: approximately one-half hour to discuss items of litigation, potential litigation, and union negotiations. · RETURN TO · The meeting returned to Open Session at 10:30 p.m. OPEN SESSION: ADJOURNMENT: The meeting was adjourned at 10:30 p.m. B~c-ky J. Uptc(~ ~ff~ Clefk \ Gary~l~raun, Mayor -7- 3900 THIS PAGE INTENTIONALLY LEFT BLANK 3901 Exhibit "A" FINDINGS AND CONCLUSIONS IN SUPPORT OF THE REQUEST TO CIRCULATE AN ANNEXATION PETITION - CORBETT/STETSON - ANX 99-01: Conditions: 1. The annexed area shall bear the pro rata share of the City's general obligation indebtedness existing as of the date of the annexation. 2. City Comprehensive Plan land use designations and zoning shall be consistent with the County's Comprehensive Plan land use designations and the City's Comprehensive Plan Conservation Element policies. 3. An annexation agreement and master plan shall be prepared and signed by the petitioners. 4. Lots 1 - 8 and Lots 16 - 24, Block 7, Nob Hill Addition shall be merged into a single parcel. 5. Non-protest agreements shall be signed by a minimum of 60% of the property owners for the formation of separate L.I.D.'s for roadway and storm improvements, water extensions, and sewer extensions. 6. The proposed annexation area shall be expanded to include US Highway 101 connecting south to the city limits. Findings: 1. On December 14, 1998, the Planning Department received an annexation request from Betty J. Corbett and Catherine N. Stetson for a 1.51 acre area located north of US Highway 101 and east of the city limits (Harding Ave.). 2. On January 5, 1999, the City Council sent the request to the Planning Commission for review and a recommendation and set a public meeting to discuss the request with the applicants for the City Council February 2, 1999, meeting. 3. The legal description of the subject area is Lots 1-8 and Lots 16-24, Block 7, Nob Hill Addition (see Attachment A), and the applicants own the adjacent property to the west described as Lots 8-13, Block C, Puget Sound Co-op Colony's 1st Addition to Port Angeles, which is inside the city limits. 4. The area is subdivided into 17 individual lots under one ownership; the annexation request petition is made by this one property owner with 100% of the assessed valuation of the area. 5. The area of annexation is undeveloped. The topography of the area slopes to the north and forms the ravine adjacent to Ennis Creek which runs south to north. 6. The proposed annexation area is within the Port Angeles Urban Growth Area. 3902 7. The proposed annexation area is contiguous on its west side to the established City limits. 8. The petitioners are selling a small tract of land made up of all the lots in two blocks as commercially zoned property; to facilitate this sale, they are seeking annexation ' to Port Angeles for the purposes of rezoning the property to commercial arterial and making urban services from the City available for future development of the property. 9. The nearest City water and sewer are located along US Highway 101. Although the subject property fronts on US Highway 101, only a small section is accessible from the highway, and, as proposed, no streets could access the lower portion of the site. 10. The topography of the proposed annexation area creates an "island" that would be accessible only through unincorporated area and makes servicing the area awkward, if not difficult. 11. The factors considered under RCW 35A. 14.200 in review of annexation proposals include "the configuration of the area, comprehensive use plans and zoning, the likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next ten years, location and coordination of community facilities and services., the probable effect of the annexation proposal or alternatives on cost and adequacy of services and controls in the area, and the effect of the annexation proposal or alternatives on adjacent areas." 12. The area of annexation includes areas likely to be classified by the City's Environmentally Sensitive Areas Protection Ordinance as environmentally sensitive areas and as such will be subject to the regulations of that ordinance. 13. The Port Angeles Comprehensive Plan as amended June, 1997 contains 10 policies (Growth Management Element Policies B 1-10) directly related to annexations and 2 goals, 8 policies, and 1 objective (Conservation Element Goals A-B, Policies Al- 2, B1-2, B4-6, B16, and Objective B3) related to unique physical features. 14. The proposed promotional annexation must comply with the City's annexation policies as established in the City's Comprehensive Plan and Resolution 18-78. Conclusions: ~ 1. As conditioned, the proposed annexation is consistent with the City's annexation policies as established in the Comprehensive Plan Growth Management Element (Policies B 1-10) and Conservation Element Goals A-B, Policies A 1-2, B 1-2, B4-6, B 16, and Objective B3 and Resolution 18-78. 2. The City's policies encourage annexation within the Port Angeles Urban Growth Area, which was established to accommodate growth which is expected to occur over the next ten years. 3903 3. There is poor access to the site for urban services, and there are significant topographical features (steep slopes and a stream) on or adjacent to the site. 4. As reviewed by the Planning Department, the area of annexation may propose a challenge to servicing. 5. Due to the topography of the proposed annexation area and because of Ennis Creek, there is limited development opportunities for the area, and the proposed annexation would likely result in a relatively high cost for urban services. 6. Protection of Ennis Creek and its ravine in the annexation area would be facilitated by an open space Comprehensive Plan land use designation and by a Public Buildings and Parks (PBP) zoning designation for most of the annexation area. 7. As conditioned, necessary rights-of-way will be obtained by the City. 8. A subject area is for sale, and the proposal is, therefore, promotional in nature. 9. As conditioned, the configuration of the area, comprehensive use plans and zoning, the likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next ten years, location and coordination of community facilities and services., the probable effect of the annexation proposal or alternatives on cost and adequacy of services and controls in the area, and the effect of the annexation proposal or alternatives on adjacent areas are found to be adequately addressed. The topographical difficulties in providing urban services and the protection of environmentally sensitive areas can be provided by the City of Port Angeles per the Comprehensive Plan as annexation in the larger Urban Growth Area occurs. 10. As conditioned, the annexation is in the public interest. Adopted by the Port Angeles City Council at its meeting of February 2, 1999. Gary~raut~-~r - B~cky J. ~Jl~,, ~ty C~-erl~--- -- 3904 Exhibit "B" FINDINGS AND CONCLUSIONS IN SUPPORT OF MUNICIPAL CODE AMENDMENT - MCA 98-05 - Non Conforming Structures and Buildings: Findings: 1. The City's Comprehensive Plan Land Use Policy A 2 states: "AH land use decisions and approvals made by the City Council and/or any of its appointed Commissions, Boards or Committees shouM be consistent with the Comprehensive _Plan and its land use map." 2. An Adoption of an Existing Environmental Document and Determination of Non Significance was issued for the proposal on December 8, 1998. 3. The purpose of a typical nonconforming code section is to provide a way for owners of legal nonconforming structures to use their buildings for the normal expected service life of the building while protecting the integrity of the property's zone and insuring eventual compliance with its regulations. 4. Section 17.95.030 permits, rather than prohibits the perpetual reconstruction of a legal nonconforming building unless it is damaged to an extent that is valued greater than 75% of its assessed value. 5. Section 17.96.040 recognizes lots as legal that were created prior to adoption of the City's Zoning Code and do not meet the Code's area or width requirements. It further states that a legal building may be permitted on such a lot if it meets the required front, side, and rear yard setbacks. 6. As the Code is worded, it exempts a building on a substandard lot from height and lot coverage requirements. Conclusions: A. The proposed amendments are general in nature and benefit the public as a whole rather than a single property owner. B. The proposed amendments are necessary to protect the integrity of the City's Zoning Ordinance, particularly the area and dimensional requirements of its various zones. C. The proposed amendments are consistent with Comprehensive Plan Land Use Policy Cl. 3905 D. The proposed Municipal Code amendments are in the public use and interest. Adopted by the Port Angeles City Council at its meeting of February 2, 1999. Gary l~raun, (~yor- B~ck~ J.'U-~, (~ C~rk/