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HomeMy WebLinkAboutMinutes 09/05/1995 3111 CITY COUNCIL MEETING Port Angeles, Washington September 5, 1995 CALL TO ORDER - Mayor Sargent called the regular meeting of the Port Angeles City Council to order at 7:04 REGULAR MEETING: p.m. ROLL CALL: Members Present: Mayor Sargent, Councilmembers Braun, Doyle, and Hulett. Members Absent: Couneilmembers McKeown, Ostrowski, and Schueler. Staff Present: Manager Pomeranz, Attorney Knutson, Deputy Clerk Hagar, B. Becker, K. Godbey, J. Pittis, B. Titus, K. Ridout, L. Haehnlen, S. Roberds, and B. Jones. Public Present: L. Nutter, B. & O. Campbell, S. O'Hearn, G. Wiggins, and M. McInnes. PLEDGE OF The Pledge of Allegiance to the Flag was led by members of the U.S. Coast Guard from ALLEGIANCE: Ediz Hook. APPROVAL OF Councilman Braun moved to approve the minutes of the special meeting of August MINUTES: 14, 1995. Councilman Hulett seconded the motion, which carried unanimously. Councilman Doyle moved to approve the minutes of the regular meeting of August 15, 1995. Councilman Hulett seconded the motion, which carried unanimously. CEREMONIAL 1. Proclamation Celebrating the 50th Anniversary of End of Second World War. MA~FERS/ PROCLAMATIONS: Mayor Sargent read a proclamation celebrating the 50th anniversary of the ending of World War Two. Mayor Sargent recognized a number of World War Two veterans present in the Proclamation Recognizing audience, and they were given a standing ovation. the 50th Anniversary of the End of World War Two Port Angeles Designated as 2. Presentation by Captain Volk, U.S. Coast Guard, Designating Port Angeles as Veteran's Day Observance a Veteran's Day Observance Site Site Captain Volk read aloud, a letter fi-om the Honorable Jesse Brown, Secretary of Veteran's Affairs, regarding Veteran's Day, November 11, 1995. This letter was sent to Governor Lowry and recognized Port Angeles as a designated Veteran's Day Observance site. Lt. Jeff Frasier presented the Certificate of Recognition to Mayor Sargent, who read it aloud, and stated that the City was pleased and proud to have the Coast Guard within its boundaries. Yard of the Month - 3. Yard of the Month Awards - September 1995 September 1995 Yard of the Month Awards for September 1995 were presented to: Joan Isenberger, 2509 Columbus; Marian Mertz, 228 Fogarty; Pearl Hampton, 2307 S. Francis; and Corey & Paula Zimmel, 1613 East Fifth Street. FINANCE: None. CONSENT AGENDA: Mayor Sargent pointed out that there was a late item to be added regarding travel for the City Manager. This item was therefore added. Councilman Doyle moved to accept the Consent Agenda, including: 1) Easement Reconveyance - Crestwood Convalescent Center, 2)Voucher list - September 1, 1995 - $1,805,945.69; 3) Payroll - August 13, 1995 - $361,569.12; and 4) Out-of-town travel for City Manager. Councilman Braun seconded the motion. Public Works Director Pittis requested the Council allow Bob Jones, Superintendent of Solid Waste, to give a brief report on the recently purchased "recycle mobile". -1- 3]_12 CITY COUNCIL MEETING September 5, 1995 CONSENT AGENDA: Superintendent Jones explained that the City's portion of this expense would be between (Cont'd) $2,000 and $3,000, as a grant would pay for the balance. The vehicle purchased is a 1956 Chevrolet delivery sedan. It was felt that this vehicle would generate interest in the recycling program. Superintendent Jones invited., the Council to view the vehicle, which was parked in front of City Hall. After a brief discussion, a vote was taken on the motion, which carried unanimously. ITEMS FROM THE None. AUDIENCE/COUNCH.~ STAFF TO BE CONSIDERED OR PLACED ON A FUTURE AGENDA: PUBLIC HEARINGS: 1. REZONE REQUEST- REZ 95(08)05 - RENAISSANCE SYSTEMS, INC., 200 Block Lincoln Street: A request to rezone approximately two acres from PBP, Rezone Request - Public Buildings and Parks, to CBD, Central Business District Renaissance Systems Ordinance 2881 Mayor Sargent reviewed the information provided by the Planning Department and opened the public hearing at 7:31 p.m. There being no public testimony, the public hearing was closed at 7:31 p.m. and Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2881 AN ORDINANCE of the City of Port Angeles rezoning property located on Lincoln Street south of Second Street from PBP, Public Buildings and Parks, to CBD, Central Business District. Councilman Braun moved to adopt the Ordinance as read by title, citing Findings 1 - 10, and Conclusions A, B, and C, as set forth in Exhibit "A', which is attached to and becomes a part of these minutes. Councilman Hulett seconded the motion. A brief discussion followed with Sue Roberds, Planning Specialist, explaining the correlation between the CUP and the rezone request at Councilman Doyle's request. A vote was taken on the motion, which carried unanimously. Zoning Code Amendment 2. ZONING CODE AMENDMENT- ZCA 95(08)03 - SAFEWAY, CSD, Community Safeway Shopping District: Request to amend sign regulations in the Community Ordinance No. 2882 Shopping District to allow for site size and multi-use sites Mayor Sargent reviewed the information provided by the Planning Department and opened the public hearing at 7:35 p.m. There was no testimony, and Mayor Sargent closed the public hearing at 7:35 p.m. and read the Ordinance by title, entitled ORDINANCE NO. 2882 AN ORDINANCE of the City of Port Angeles amending Ordinance 1709, as amended and Section 17.22.220 of the Port Angeles Muni- cipal Code. Councilman Hulett moved to adopt the Ordinance as read by title, citing Findings 1 - $, and Conclusions A, B, and C, as set forth in Exhibit "B', which is attached to and becomes a part of these minutes. Councilman Doyle seconded the motion. A brief discussion followed, and at Councilman Doyle's request, Planning Specialist Roberds clarified that as a result of the amendment, uses in the CSD may be restricted to smaller building signs, but those same uses may now have flee-standing sign as well as building mounted signs, where only one type of minimal sign was previously allowed. A vote was taken on the motion, which carried unanimously. Zoning Code Amendment 3. ZON1NG CODE AMENDMENT- ZCA 95(08)04 - CITY OF PORT ANGELES, Retail Stand Use Retail Stand Use: Revision to Chapter 3 (Revenue and Finance) and Chapter Ordinance 2883 17 (Zoning) of the Port Angeles Municipal Code establishing that a Right-of- Way Use Permit will be required for retail stand uses when in the City rights-of- Way Mayor Sargent reviewed the information provided Ly the Planning Department and .opened -2- 3113 CITY COUNCIL MEETING September 5, 1995 PUBLIC HEARINGS: the public hearing at 7:41 p.m. There was no testimony, and Mayor Sargent closed the (Cont'd) public hearing at 7:41 p.m. and read the Ordinance by title, entitled Zoning Code Amendment "ORDINANCE NO. 2883 Retail Stand Use Ordinance 2883 AN ORDINANCE of the City of Port Angeles, (Cont'd) Washington, establishing a right-of-way use fee for retail stands and amending Ordinance 2070 as amended, Ordinance 2789, and Chapters 3.70 and 17.26 of the Port Angeles Municipal Code. Councilman Hulett moved to adopt the Ordinance as read by title, citing Findings I - 4, and Conclusion A, as set forth in Exhibit "C', which is attached to and becomes a part of these minutes. Councilman Braun seconded the motion. Brief discussion followed, and at Councilman Doyle's request, Planning Specialist Roberds explained that currently, approximately three retail stands would be affected by this Ordinance. A vote was taken on the motion, which carried unanimously. Amendment to PBIA 4. AMENDMENT TO THE PARKING BUSI~ IMPROVEMENT AREA (PBIA): Ordinance No. 2884 Proposed amendment to the PBIA to include an area of City-owned property south of Second Street and east of Lincoln Street Mayor Sargent reviewed the information provided by the Planning Department and opened the public hearing at 7:47 p.m. There was no testimony, and Mayor Sargent closed the public hearing at 7:47 p.m. and read the Ordinance by title, entitled ORDINANCE NO. 2884 AN ORDINANCE of the City of Port Angeles amending Ordinance No. 2351, as amended, enlarging the boundaries of the Parking and Business Improvement Area. Councilman Doyle moved to adopt the Ordinance as read by title, citing Findings 1 - 6, and Conclusions A, B, and C as set forth in Exhibit "D', which is attached to and becomes a part of these minutes. Councilman Braun seconded the motion. After limited discussion, a vote was taken on the motion, which carried unanimously. Break Mayor Sargent recessed the meeting for a break at 7:50 p.m. The meeting reconvened at 8:00 p.m. CITY COUNCIL Councilman Braun attended a Clallam County Transit meeting where discussion was held COMMITTEE regarding hiring of a new general manager, which has been accomplished. He attended a REPORTS Real Estate Committee meeting, which will be addressed later on the agenda, and an Executive Session of the Clallam County Transit Board. Councilman Doyle attended a Real Estate Committee meeting. Councilman Hutett attended a Public Information meeting, and a Chamber of Commerce Board meeting. The Chamber of Commerce will send a letter to the State delegates opposing the U. S. Olympic Committee being given authorization for the sole use of the word "Olympic". Mayor Sargent was the City's representative at the memorial for Captain Gershowitz. She also attended the exit interview with the State Auditor and stated that basically the City received a good report. LEGISLATION: A. Ordinances Not Requiring, Public Hearings Clearing, Grading and 1. Ordinance Revising the Method of Adopting Clearing, Grading and Stormwater Stormwater Standards Standards Ordinance 2885 Mayor Sargent reviewed the information provided by the Public Works Department and read the Ordinance by title, entitled ORDINANCE NO. 2885 AN ORDINANCE of the City of Port Angeles, Washington, revising the process for adopting clearing and grading rules and guidelines and amending Ordinance 2734 and Chapter 15.28 of the Port Angeles Municipal Code. -3- 3114 CITY COUNCIL MEETING September 5, 1995 LEGISLATION: Councilman Braun moved to adopt the Ordinance as read by title. Councilman (Cont'd) Hulett seconded the motion. Discussion followed. At Councilman Hulett's request, Pubhc Works Director Pittis explained that this Ordinance does not essentially change the Cleating, Grading and current guidelines, but rather changes where the information is located. Currently it is in Stormwater Standards an exhibit, and this amendment will make it part of the Municipal Code. Attorney Knutson Ordinance 2885 explained that if a developer has a problem with one of the standards as it applies to a particular project, there is an appeal to the City Manager. This option was not available under the previous clearing and grading standards. After further discussion, a vote was taken on the motion, which carried unanimously. Standard for Driveways 2. Ordinance Modifying Standard for Driveways Ordinance No.2886 Mayor Sargent reviewed the information provided by the Public Works Department and read the Ordinance by title, entitled ORDINANCE NO. 2886 AN ORDINANCE of the City of Port Angeles, Washington, revising the specifications for driveways and amending Ordinance 2166 and Chapter 11.08 of the Port Angeles Municipal Code. Councilman Hulett moved to adopt the Ordinance as read by title. Councilman Braun seconded the motion. Discussion followed, and Director Pittis provided clarification of several issues addressed in the amendment, as well as defining terms. A vote was taken on the motion, which carded unanimously. Abolishing and 3. Abolishing and Establishing Funds Establishing Funds Finance Director Godbey requested this item be deleted from the agenda. It will be brought back to a future meeting. Civil Service Ordinance 4. Consideration of Amendment to Civil Service Ordinance #2410 Amendment Ordinance No. 2887 Mayor Sargent reviewed the information provided by Human Resources and read the Ordinance by rifle, entitled' ORDINANCE NO. 2884 AN ORDINANCE of the City of Port Angeles, Washington, revising the Civil Service policies and provisions that govern the system of employment of Police and Fire Department personnel by changing the composition of the Interview Board and increasing the number of candidates certified for possible appointment for entry level positions and amending Ordinance 2372 as amended and Chapter 2.22 of the Port Angeles Mtfnicipal Code. Councilman Braun moved to adopt the Ordinance as read by title. Councilman Hulett seconded the motion. A brief discussion followed, and Bob Coons, Human Resource Manager, explained that this change will give the City greater flexibility in the hiring process, as well as providing for a larger pool of candidates. A vote was taken on the motion, which carried unanimously. B. Resolutions Not Requiring Public Hearings Mayor Sargent read the Resolution by title, entitled RESOLUTION NO. 19-95 A RESOLUTION of the City Council of the City of Port Angeles, Washington, amending the rules of the Civil Service Commission related to the composition of the Interview Board and the rule of three. Councilman Boyle moved to pass the Resolution as read by title. CounCilman Hulett seconded the motion, which carried unanimously. -4- 31].5 CITY COUNCIL MEETING September 5, 1995 LEGISLATION: 2. Establishing a Money Purchase Retirement Plan (Cont'd) Mayor Sarg.~.~,~t,r~viewed the information provided by the City Manager. Manager Money Purchase Pomeranz poi~it~d out'that this does not involve any additional contributions by the City, Retirement Plan but allows the deferral of taxable income. Manager Pomeranz does not participate in the Resolution No. 20-95 PERS plan, and this allows him the option of a second retirement plan. RESOLUTION NO. 20-95 A RESOLUTION of the City Council of the City of Port Angeles, Washington, relating to a money purchase retirement plan. Councilman Hulett moved to pass the Resolution as read by title. Councilman Boyle seconded the motion, which carried unanimously. C. Planning Commission Minutes/Action Items Milwaukee Heights 1. Milwaukee Heights Subdivision Approval Subdivision Approval Mayor Sargent reviewed the information provided by the Planning Department. Councilman Hulett moved to approve Phase II of the Milwaukee Heights Final Subdivision and authorize the Mayor to sign the t'mal mylar, citing Condition 1, Findings 1 - 5, Conclusions A, B, and C as set forth in Exhibit "E' which is attached to and becomes a part of these minutes. Councilman Braun seconded the motion. Atter limited discussion, a vote was taken on the motion, which carried unanimously. 2. Planning Commission Minutes of August 9, 1995 Councilman Boyle moved to accept the Planning Commission minutes of August 9, 1995. Councilman Braun seconded the motion, which carried unanimously. D. Other Considerations Financial Report 1. City of Port Angeles Financial Report, Year-to-Date - July 1995 Using the overhead projector, Finance Director Godbey reviewed the financial report for the first seven months of the year. Revenues are right on target. Sales tax is at its lowest in five years, however, it is on budget. Gambling taxes are down $15,000, but all other revenue estimates are within budget. The General Fund shows controlled spending. Departments with low benchmarks, such as water and wastewater, are due to cyclical spending in areas such as construction. It is estimated there will be a small increase in General Fund reserves this year due to declines in revenue. The City's investments are doing well, with a portfolio amounting to more than $24 million as of July 31, 1995. It has earned a 6% yield, primarily due to investments that were placed when interest rates were favorable. Extension of Labor Contract 2. .Extension of LaborContract Between City of Port Angeles and AFSCME it 1619 AFSCME//1619 through 1996 Mayor Sargent reviewed the information provided by Human Resources. Councilman Boyle moved to approve the contract extension through 1996 with AFSCME #1619 and authorize the Mayor to sign the Memorandum of Understanding. Councilman Hulett seconded the motion, which carried unanimously. Olympic Coast National 3. Applicant Information from Olympic Coast National Marine Sanctuary for Marine Sanctuary Appointment to 15-Member Sanctuary Advisory Council City Manager Pomeranz explained that the Marine Sanctuary Advisory Council is asking for a person to represent all local government by serving on the newly created Advisory Council. Manager Pomeranz expressed concern over the entire concept of the sanctuary, as well as the fact that there would only be one representative representing all of the local governments. He felt this was not adequate representation. Discussion ensued regarding representation on the Advisory Council. Mayor Sargent -5- 3116 CITY COUNCIL MEETING September 5, 1995 LEGISLATION: expressed concern lhat local government encompasses three counties and several cities but (Cont'd) is only allowed one voice. Federal and state governments are being allowed two representatives each, and the tribes are being allowed four. Allowing one representative Olympic Coast National fort/wee counties and all the encompassing cities is unrealistic. Mayor Sargent suggested Marine Sanctuary a letter be sent expressing displeasure at the poor representation of three counties. Manager Pomeranz suggested staff contact the Port of Port Angeles as well as other municipalities for their input, and support their choice. It was the general consensus of the Council that a letter be sent requesting better representation on such a Council, and expressing concern over how small a voice local government is being given on such an important issue. Contract for 4. Contract for Library Design Library Design Mayor Sargent reviewed the information provided by Public Works Department. Public Works Director Pittis explained that the contract to be signed will be with Robert Nixon ~ Associates, Inc. only. The contract is for design as well as constructionv~i/~/~, Councilman l)oyle moved to authorize the Mayor to sign the agreement with Robert Nixon Associates, Inc. for architectural and engineering services to design the new library. Councilman Braun seconded the motion, which carried unanimously. Surplus of City-Owned 5. Surplus of City-Owned Property Property Mayor Sargent reviewed the information provided by the Real Estate Committee. Councilman Braun moved to surplus the property, approve the sale to St. Andrew's Episcopal Church for $3,000, and authorize the Mayor to sign a quit claim deed. The deed will contain a reservation to the City for the Storm Water Utility. Councilman Hulett seconded the motion, which carried unanimously. Agreement with Coast 6. Agreement with Coast Guard for Easement to Construct Sewer on Base Guard for Easement Mayor Sargent reviewed the information provided by the Public Works Department. Councilman Hulett moved to authorize the MayOr to sign the sewer easement with the U.S. Coast Guard, Councilman Doyle seconded the motion. Discussion followed, and Councilman Doyle questioned if the sewer line on the base would be owned by the City or the Coast Guard and who would pay for maintenance of the facility. Director Pittis stated he believed it would be owned by the Coast Guard. A separate contract will be established regarding fees to be charged to the Coast Guard for operation and maintenance of the facilities as well as treatment costs. Attorney Knutson pointed out that paragraph 13 states the City agrees to maintain the facilities and promptly make all repairs. He felt that paragraph should be amended to reference the maintenance contract referred to by Director Pittis, to make it clear that the Coast Guard is liable for these expenses. Councilman Hulett amended his motion to include changing paragraph 13 to reference a maintenance contract. Councilman Doyle, as seconder, agreed. After further brief discussion, a vote was taken on the motion, which carried unanimously. ConsUltant Firm for Z Recommendation for Consultant Firm for Downtown Forward and Multimodal Downtown Forward and Project Multimodal Project Mayor Sargent reviewed the information provided by the Public Works Department. Councilman Boyle moved to authorize the Executive Committee to negotiate an ag~ement with Parametrix, Inc. to pre-design the Multimodal Transportation Center and Downtown Forward. Councilman Braun seconded the motion. After limited discussion, a vote was taken on the motion, which carried unanimously. Extension of PUD 8. Request to Extend Volume Restrictions for Public Utility District (PUD) Water Water Contract Contract Mayor Sargent reviewed the information provided by the Public Works Department, and Director Pittis offered further clarification of the issue. Councilman Braun stated that hopefully, the installation of a 3 million to 5 million gallon reservoir will help alleviate problems in the advent of annexation. Director Pittis responded that this was a priority. -6- 3117 CITYCOUNCILMEETING September 5, 1995 LEGISLATION: Councilman Doyle moved that the PUD Wholesale Water Agreement volume (Cont'd) provisions, which were relaxed in July, be extended until the end of September under the same conditions approved by the City Council in July 1995. Councilman Hulett Extension of PUD seconded the moti0n,'whiCh ~arried unanimously. Water Contract ADJOURN TO The meeting adjourned to Executive Session at 9:30 p.m. to discuss several items of EXECUTIVE SESSION: litigation and personnel. RETURN TO OPEN The meeting returned to open session at 10:36 p.m. SESSION: ADJOURNMENT: The meeting adjourned at 10:36 p.m. -7- Exhibit "A" 3118 REZONE REQUEST - REZ 95(08)05 - RENAISSANCE SYSTEMS, INC. Findines: 1. The request is to rezone 1.38 acres from Public Buildings and Parks (PBP) to Central Business District (CBD) on the east side of the 200 block of Lincoln Street, described as the north 300 feet of the east 200 feet of Sub Lot 26 East, Townsite of Port Angeles; 2. The majority of the property to be rezoned is fiat with a steep ravine at its east edge. It is currently developed with the existing library building, the former (currently vacant) Senior Center building, and Veteran's Park. 3. Land uses adjacent to the proposed rezone area are as follows: To the north: public library and parking lot To the south: County Courthouse and Administration Offices To the east: residential trailer park/open space area To the west: commercial uses 4. The Comprehensive Plan identifies the majority of the site as Commercial and a small portion of the site as High Density Residential. The designation of a portion of the site as High Density Residential was an attempt to identify the adjacent property currently developed with a residential trailer park and its access drive onto Lincoln Street with a residential designation on the Comprehensive Plan Land Use Map; 5. Land Use Element Goal A, Policies 1 and 2, and Goal D, Policies 1 and 2 have been identified as being most relevant to the proposed rezone; 6. The property is currently zoned PBP; 7. Zoning designations adjacent to the proposed rezone area are as follows: To the north: CBD To the south: PBP To the east: RTP To the west: Community Shopping District (CSD) 8. The City adopted the revised Comprehensive Plan and the subject site's Commercial land use designation in June, 1994; 9. The requirements of the State Environmental Policy Act have been met with the issuance of a Determination of Non-Significance on July 24, 1995; and 3119 10. The Environmentally Sensitive Areas Protection Ordinance (Ordinance No. 2656) was adopted by the City Council November 19, 1991. Conclusions: A. The rezone is in the public use and interest and is compatible with the surrounding zoning; B. The rezone is consistent with the policies of the Comprehensive Plan as referenced in Finding No. 5; C. Circumstances have changed since the property was zoned PBP. The continued limitation on the use of the existing buildings in the area of the rezone to public and quasi-public uses may no longer be viable due to the condition of the buildings and the cost of their rehabilitation for new publicly funded tenants. The Environmentally Sensitive Areas Protection Ordinance which protects environmentally sensitive areas outside the PBP zone was not adopted at the time of the original zoning. Passed by the Port Angeles City Council at its meeting of September 5, 1995. J~.~_nJK. Sargent, Maycfi~3 ATTEST: Carol P~. H~, Deputy Clerk 3120 Exhibit "B" ZONING CODE AMENDMENT - ZCA 95(09)03 - SAFEWAY, CSD Findings: 1. The Zoning Code Amendment will modify Section 17.22.220 PAMC as follows: 17.22.220 Signs Permitted. A__~. Signs; may be lighted but not intermittent or flashing type; ,,~,,~,ux.s .,.,v ,u-m~ t,,r tutax m~a. All s ns over 10 square feet in area shall be restricted to territory no closer than 100 feet to all property in ide ti I district ,,._ L,.L___]_ _,__. L ....... ,~_] ___,~,-_'.. a res n a zone. INU UIIIU~J~,IU3 ~110.11 U~; ld$lllllLg$U WlLIIIII ~u.,,..,,,,Ly o.u~x,~ ~.,~.,~. Maximum height shall be 30 feet. B_. Maximum Sign Area: 1_. Building-Mounted Signs. Building-mounted signs may be placed on any wall not facing an adjacent residential zone. Building-mounted signs may not extend above the top of the eaves or parapet and may not be located on a roof. For buildings occupied by a single entity, sign area shall not exceed 10% of the area of the building elevation facing a public street to a maximum of 125 square feet per sign on any building elevation which faces a public street. In buildings occupied by more than one entity, each entity's signage may not exceed 10% of that entity's portion of the building elevation facing a public street occupied by said entity to a maximum of 125 square feet. 2_. Free-Standing Signs. One point twenty-five (1.25) square feet of free-standing visible sign area is allowed for every one lineal foot of arterial street frontage of the site, provided that the maximum area on any free-standing sign face does not exceed half of the maximum visible sign area. "Visible sign area" is defined as the total of all free-standing sign faces visible from any location. The maximum visible sign area for a particular site shall be as follows: Site Size Maximum Visible Sign Area Less than 1 acre 50 square feet 1-1.99 acres 75 square feet 2-2.99 acres 100 square feet 3 acres and above 125 square feet C__~. Off-premise outdoor advertising signs, including billboards, shall be prohibited. 3121 2. The Comprehensive Plan has been reviewed with respect to the proposed - amendment and Land Use Element Goal E, Policy 3 and Conservation Element Goal A, Policy 2 are the most relevant to this amendment. 3. The purpose statement for the Commercial Shopping District states: "This is a commercial zone oriented primarily to those businesses serving the immediate needs of the surrounding residential zones but is slightly less restrictive than the CN zone and as such provides a transition area from the most restrictive commercial zones to those of lesser restrictions." 4. A Determination of Non-Significance was issued for the proposal on July 21, 1995 and no appeals were received during its appeal period. 5. The majority of the CSD Zone is located along Highway 101. There are limited amounts of CSD zoned property along Eighth Street. Conclusions: A. The Zoning Code Amendment is in the public use and interest. B. The Zoning Code Amendment is consistent with the Comprehensive Plan Goals and Policies, specifically those found in Finding No. 2. C. The Zoning Code Amendment is consistent with the intent of Chapter 17.22 of the Port Angeles Municipal Code. Passed by the Port Angeles City Council at its meeting of September 5, 1995. J{a_n_}K. Sargent, Mayofl _) XTTEST: ~arol/i,. }~, Deputy Clerk Exhibit "C" 3122 ZONING CODE AMENDMENT - ZCA 95(08)04 - Retail Stand Use Findines: 1. Section 17.26 of the Port Angeles Municipal Code provides regulations for the use of retail stands in certain zones throughout the City by conditional use permit. 2. State law requires that a fee be charged for use of public rights-of-way. 3. Review of the existing retail stand regulations indicates that there is no provision for an annual user fee for those uses situated on City right-of- way, as required by law. 4. The proposed ordinance establishes a method for collection of an annual fee for use of the City rights-of-way for retail stands located in such rights- of-way. Conclusions: A. Establishment of an annual rental fee for retail stand uses located in the City's rights-of-way is in the public interest. Passed by the Port Angeles City Council at its meeting of September 5, 1995. l~0a~ K. Sargent, Mayo~rJ A'T~T~ST: C~trol ~. H~,, Deputy Clerk Exhibit "D" 3123 AMENDMENT TO THE PARKING BUSINESS IMPROVEMENT AREA (PBIA) - Findines: 1. Section II(D) of the Agreement dated February 7, 1986, between the Port Angeles Downtown Association and the City of Port Angeles, provides for amendment to the PBIA boundary by either the Port Angeles Downtown Association (PADA) or at least 60% of the owners of property requesting annexation into the PBIA. 2. A proposal to amend the Parking Business Improvement Area (PBIA) as last amended on April 25, 1990, by Ordinance No. 2579 has been submitted by both the City and the Port Angeles Downtown Association (PADA) to include City-owned property located south and east of the current PBIA boundary. 3. The proposed area is functionally related to the current PBIA district. 4. The proposed parking area boundary adjustment will allow for the use of an existing but currently unused building of local historical significance to be renovated and become useful rather than allowing the structure to continue in its dilapidated condition with possible demolition at a later date. 5. A parking area for the sole use of the North Olympic Library System is included in this annexation request. That parking area will continue to operate as a parking lot for the library and will not fall under the PBIA jurisdiction of the PADA. 6. The City's Comprehensive Plan provides for future development within the City in a manner that provides certainty to its citizens about future land use and the flexibility necessary to meet the challenges and opportunities of the future. Conclusions: A. The proposed amendment is consistent with provisions for amendment to the PBIA boundaries as contained in the Agreement dated February 7, 1986, between the Port Angeles Downtown Association (PADA) and the City of Port Angeles. B. The proposal is in the public use and interest. C. The proposal is consistent with the goals and policies stated for commercial development in the City's Comprehensive Plan. Passed by the Port Angeles City Council at its meeting of September 5, 1995. ~._~an K. Sargent, M~y6r ATTEST: C~arol ~5 Ha~ff~,~l~eputy~, Clerk Exhibit "E" 3124 MILWAUKEE HEIGHTS SUBDIVISION APPROVAL Findings: 1. The City Council approved the preliminary Milwaukee Heights subdivision on May 18, 1993 with conditions. 2. The Planning Commission and City Council made conclusions that the plat was consistent with the Comprehensive Plan, Zoning Ordinance, and Subdivision Ordinance. 3. The applicant was granted final approval of Phase I of the subdivision on September 7, 1993, and submitted for final approval of Phase II on June 29, 1995. 4. Improvements as required by the City's Subdivision Regulations and the conditions of approval of May 18, 1993, have been made and approved by the City's Public Works, Fire and Light Departments. 5. The City's Parks and Recreation Department has accepted funds in the amount of $5,000 for the purchase and installation of a self-contained piece of playground equipment for the required tot lot at the southwest comer of the subdivision. Maintenance of the tot lot will be by the City's Parks and Recreation Department. Conclusions: A. As conditioned, the final plat is in conformance with the preliminary plat approval. B. The final plat has not changed in any manner so as to result in inconsistencies with the Comprehensive Plan, Zoning Ordinance, or Subdivision Regulations. C. As conditioned, the final plat is in conformance with the City's Subdivision Ordinance. Passed by the Port Angeles City Council at its meeting of September 5, 1995. J~. Sargent,'Mayor (J ATTEST: Carol X.~Ha~'~l~eputy Clerk