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HomeMy WebLinkAboutAgenda Packet 1/5/1999 AGENDA PORT ANGELES CITY COUNCIL 321 EAST FIFTH STREET, PORT ANGELES, WASHINGTON January 5, 1999 - REGULAR MEETING - 5:30 p.m. A. CALL TO ORDER - Regular Meeting (5:30 p.m.) - 5:32 p.m. ROLL CALL - All present PLEDGE OF ALLEGIANCE - Led by Councilman Wiggins CEREMONIAL MATTERS & I I PROCLAMATIONS B. WORK SESSION None C. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS (By Council, Staff or Public) AND PUBLIC COMMENT FOR ITEMS NOT ON AGENDA (This is the opportunity for members of the public to speak to the City Council about anything not on the agenda, please keep comments to 5-10 minutes.) Councilman Doyle requested that, at a future meeting, the Council consider whether it should continue taping the Executive Session portion of the meetings. Attorney Knutson will provide input for Council's review at one of the next two meetings. D. FINANCE None E. CONSENT AGENDA Consent Agenda accepted 1. City Council minutes - December 15, 1998 Action [Following Consent Agenda, 2. Request to circulate an annexation petition ~ Council adjourned to Exec. Session Corbett/Stetson - north and east of DelGuzzi at 5:45 p.m. for 1/2 hr. - 45 min for Drive and Highway 101 a matter of personnel and litigation - returned to Open Session at 6:35 p.m.] F. CITY COUNCIL COMMITTEE REPORTS Prior to reports, Esla Kim reported on organization providing cultural support to Korean children Mayor Braun spoke on Congressional City Conf., Wash., DC - Mgr. Ibarra and Councilmembers Doyle & Campbell to attend NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK January 5, 1999 Port Angeles City Council Meeting Page - 1 G. ORDINANCES NOT REQUIRING PUBLIC HEARINGS Ordinance extending landfill rate for charitable 17 Action Ordinance No. 3006 adopted organizations to Lee Hotel Project H. RESOLUTIONS NOT REQUIRING PUBLIC None HEARINGS I. OTHER CONSIDERATIONS 1. Agreement with Clallam County Humane 21 Action 1. Contract approved Society for Animal Shelter Services 2. Vacancies on City Boards and Commissions 29 Action 2. Reappointments made - staff 3. Approval of Lee Hotel Community 31 to advertise to fill vacancies Development Block Grant Loan Action 3. Loan approved J. PUBLIC HEARINGS - QUASI-JUDICIAL None (7:00 P.M. or soon thereafter) K. PUBLIC HEARINGS - OTHER Municipal Code Amendment - MCA 98-07 - 33 Action Ordinance No. 3007 adopted Administrative Amendments L. INFORMATION 1. City Manager's Report (Page 68) - City Council committee assignments, Slade Gorton, Angel Tree, snow and ice control measures, AWC Conference. 2. Humane Society Report - November, 1998 (Page 74) 3. Draft Utility Advisory Committee minutes - December 7, 1998 (Page 76) M. EXECUTIVE SESSION (As needed and determined by City ,4ttorney): N. ADJOURNMENT ] ] Action 17:35p.m. Public hearings :am :set by the City. ~un~! !n orde~ to .meet legal: requirements. ::p~!ning :t(~ rn~te!~s.such as,~ !a~d use permit =ppfications, proposed amendments to; Ci:.tY:[a~::~ USe i::reg~!~t!onsi :zoning:.:char}ges,: a!!r~exati~i~s;;; iiii;;add!ti~n,; thee City Cour~ci! may:set.a:public:liearing i~n. erder to receive public input-p~o~: {o making :decisions::wh!ch impa~t the: citb~s~ ;ce~!i~ :.:ma~tS::;tnay;;'p~;:~ti'i~ve~sial, and: the.City ~uncil: :may choose to seek pubtiC: ~ir~i~:;l~tOUgh: :thei PUblic ihear~r~g process. : :': : :::. :.. G:\CCAGEND\010599CC.WPD NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK January 5, 1999 Port Angeles City Council Meeting Page - 2 CITY OF PORT ANGELES CITY COUNCIL MEETING January 5, 1999 I. CALL TO ORDER- REGULAR MEETING: II. ROLL CALL: Members Present: Mayor Braun V~. Councilman Campbell Councilman Doyle ~/' Councilman Hulett Councilmember McKeown Councilman Wiggins V Councilman Williams Staff Present: Other Staff Present: Manager Ibarra V Attomey Knutson Clerk Upton V B. Becker S. Brodhun B. Collins K. Godbey S. Ilk J. Pittis III. ADJOURN TO EXECUTIVE SESSION: p;xn: imate Length: ,,// ~. IV. RETURN-TO-OPEN SESSION: V. PLEDGE OF ALLEGIANCE: Led by: 0t3~Lt/x~ ~_._ .m~_/~ CITY OF PORT ANGELES CITY COUNCIL MEETING Attendance Roster DATE OF MEETING: January_ 5, 1999 LOCATION: City Council Chambers City of Port Angeles Ordinance/Resolution Distribution List City Council Meeting of ~ -~,, ,/ City Manager City Atty. (1) Plannin~ City Clerk Deputy Clerk Personnel Cust. Svcs. Finance Dir./M~r. Police Dept. Fire Dept. Light Dept. Pub. Works (2) Parks & Rec. msc PDN (Summary) Extra Copies CITY COUNCIL MEETING Port Angeles, Washington December 15, 1998 CALL TO ORDER - Mayor Braun called the s.~e~ meeting of the Port Angeles City Council to order at REGULAR MEETING: 5:33 p.m. ROLL CALL: Members Present: Mayor Braun, Councilmembers Campbell, Doyle, Hulett, McKeown, and Williams. Members Absent: Councilman Wiggins. Staff Present: Manager Ibarra, Attorney Knutson, Clerk Upton, B. Becket, S. Brodhun, B. Collins, K. Godbey, S. Ilk, J. Pittis, T. Smith, and G. Kenworthy. Public Present: R. Corm, Jr., L. Lee, and K. Sweeney. PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilman Hulett. ALLEGIANCE: CEREMONIAL Presentation of Washington State Public Works History Book Published by the MATTERS/ American Public Works Association PROCLAMATIONS: Public Works Director Pittis gave a history of the American Public Works Association, Washington State Public and in so doing, he presented a book developed by that Association which provides a Works History Book history of Washington State Public Works. The proceeds from the sale of this book will go toward an endowment fund to provide scholarships for Public Works professionals in the State. It was suggested that the book be placed in the public library. WORK SESSION: Mayor Braun reviewed the information provided by Timothy Smith, Economic Development Director. Manager Ibarra stated this was a very important moment in the 1999 Economic history of Port Angeles, as it launches the Economic Development Program. He stated Development Work Plan his first priority was economic development and setting goals for restoration of the local economy. Manager Ibarra met with others involved in improving economic development, and it was felt an Economic Development Director was a necessity. It was determined that Timothy Smith was the perfect candidate, as Mr. Smith had been involved in the Port Angeles Works! Committee which had been focusing on economic development and the Rayonier site. Manager Ibarra stated the Plan which will be presented this evening is a summary of the efforts and by-products of meetings with Port Angeles Works! and other agencies that deal with economic development. This will allow the City to be a stronger advocate and more active participant in economic development. The Plan will focus on current efforts, business retention and expansion, business recruitment, and marketing of Port Angeles. Manager Ibarra stated periodic progress reports will be given at subsequent Council meetings. Director Smith introduced Karen Rogers of the Port Angeles Works! Steering Committee; Dick Corm, Dept. of Community, Trade and Economic Development; - 1 - 1 CITY COUNCIL MEETING December 15, 1998 WORK SESSION: Mike McLear, President of the Clallam County EDC; Bart Philips, Executive Director (Cont'd) of the EDC; and Arla Holzschuh, Port Angeles Downtown Association; all of whom have been connected in the effort to develop this Plan. 1999 Economic Development Work Plan Director Smith stated that, through the efforts of the Steering Committee, parameters (Cont'd) were drawn and the purpose of the program was decided. Working with staff, an implementation strategy was developed to devise a work plan for the first year, including goals and objectives, and how this program would relate with other existing programs within the community, as well as with the community at large. He felt a solid foundation would be laid to carry the City into the year 2000 and beyond. Director Smith then gave a brief background of the program, which started with the $300,000 Rayonier grant and the forming of a Steering Committee. The Steering Committee wrote a Mission Statement and then posed and discussed questions regarding the City's assets, available sites, infrastructure, workforce, zoning, industry types desired, and the community's strengths and weaknesses. The Committee deliberated these questions for a long time, and then focused on certain ideas for Port Angeles Works!, which included communication, City services, addressing deficiencies, marketing enhancement, and annexation. Director Smith explained that the Focus Ideas became the 1999 Work Plan and proceeded to review the Plan's parameters and purpose which included 1) Establish an~ Economic Development Program specific to the City; 2) Promote and enhance economic development and employment opportunities; and 3) Direct resources for maximum return on investment. Director Smith stated Implementation Strategy for Year One covered five "building blocks" which establish the foundation for program development, and which guide program services during the first year of operation. The 1999 Work Plan has five overall goals, which Mr. Smith reviewed and explained. Manager Ibarra stated that in speaking to other community groups the question arises as to whether the City will be cooperating with other agencies, such as the Port, regarding economic development. Manager Ibarra stated he stresses the positives and felt that by the City increasing its efforts, the chances for success for Port Angeles are greater. It will not necessarily constitute an intrusion upon the efforts of the other agencies, but will speak of the City's commitment to economic development. Mr. Smith then provided an explanation of how the Plan folds into the current contract with the EDC and how the EDC contract supports the 1999 work plan. Mr. Smith stated ongoing progress reports will be presented throughout the year. He reviewed the Summary and time lines for the 1999 Port Angeles Works! Work Plan and the 1999 City/CCEDC Contract. Councilman Campbell commended the efforts of Director Smith in making tonight's presentation. Discussion followed, and Manager lbarra and Director Smith responded to questions posed by the Council and provided additional clarification on several issues. Councilman Doyle noted that $250,000 has been budgeted in 1999 for economic development. He felt this should be closely monitored before budgeting again in the year 2000. Manager Ibarra stated he and Finance Director Godbey had worked with Director Smith to def'me the first year's budget. Some flexibility was worked into this budget, as in the first year it is hard to know where all the expenses will be. Manager Ibarrra stated that, in order to be successful in economic development, the City must provide the necessary funding. The community wants to see results, and that is what is being targeted. Councilman Campbell suggested setting measurable parameters, such as the increase in jobs, to provide accountability for this budget. Director Smith stated this could be done. Further discussion ensued, and Councilmember McKeown felt that the jobs -2- CITY COUNCIL MEETING December 15, 1998 WORK SESSION: obtained through these efforts should be family wage jobs. (Cont'd) Mayor Braun suggested that consideration of the 1999 contract with the Economic 1999 Economic Development Council be moved up on the agenda so action could be taken on it while Development Work Plan the information was still fresh in Council's mind. (Cont'd) Other Considerations 1999 Contract with Mayor Braun reviewed the information provided by the Director of Economic Economic Development Development. Director Smith pointed out that the core funding for the Economic Council Development Council, as proposed for 1999, remains stable at $25,000. There is an additional $10,000 budgeted for support of the Port Angeles Works! program for those issues specific to Port Angeles. Mr. Smith felt it was to the City's benefit to partner with the EDC in this initial year of operation. Discussion followed, and Mr. Smith responded to questions posed by the Council. At Councilman Campbell's request, Bart Philips, Executive Director of the EDC, explained the telephone in-kind services provided by the City. Following further discussion and explanation, Mayor Braun asked Karen Rogers, Community Member of the Port Angeles Works! Committee, if she would like to address the Council. Karen Rogers indicated businesses are expanding, but not all of them are in the forefront of tourism or retail; therefore, they are less visible. Dick Coram, 40 Blueberry Place, Sequim, Washington, wished to address job creation from economic development efforts. He reviewed the State's criteria for judging success in economic development. In Clallam County, a living wage is considered to be between $18,000 and $20,000 per annum. CoUncilman Doyle moved to authorize the City Manager to sign the contract with the Economic Development Council for 1999, providing the City's 1999 is adopted as written, and including the words "and commercial" along with industrial inventory of sites. Councilman Campbell seconded the motion, which carried unanimously. LATE ITEMS TO BE None. PLACED ON THIS OR FUTURE AGENDA: FINANCE: 1. Award Bid for Fire Station Canopy Fire Station Canopy Mayor Braun reviewed the information provided by the Public Works and Fire Departments. Director Pittis indicated that Public Works Department is providing support services on the project, and he referred to Page 12 of the packet, a bid withdrawal for Mathews Glass Company due to an error in their bidding. Using the overhead projector, Chief Becket described the details of the project and what would be accomplished. He responded to questions and provided additional clarification. Manager Ibarra further clarified that the canopy was necessary in order to protect the structure from further damage. Councilmember McKeown moved to award the contract for construction of a canopy at the Fire Station to Hanna Construction in the amount of $27,198.61, plus tax. Councilman Campbell seconded the motion. Following further discussion regarding warranty of the work, a vote was taken on the motion, which carried unanimously. -3- 3 CITY COUNCIL MEETING December 15, 1998 PUBLIC HEARINGS - Municipal Code Amendment - MCA 98-06-Binding Site Improvement Plan (Continued OTHER: from 12/1/98) Binding Site Improvement Mayor Braun reviewed the information provided by the Planning Department. Director Plan Collins distributed a replacement to Page 115 and gave an explanation of the correction Ordinance No. 3003 to that page. Mayor Braun opened the public hearing at 7:10 p.m. Ken Sweeney, Planning and Environmental Manager for the Port of Port Angeles, 338 W. First Street, distributed a map to illustrate the remarks he would be making. Mr. Sweeney explained the background of the Port's airport industrial park development and stated that the Port is supportive of the Binding Site Improvement Plan. Mr. Sweeney and Director Collins responded to questions posed by Councilman Doyle. There was no further public testimony, and Mayor Braun closed the public hearing at 7:20 p.m. He read the Ordinance by title, entitled ORDINANCE NO. 3003 AN ORDINANCE of the City of Port Angeles, Washington, establishing a binding site improvement plan process as an alternative method of land division in commercial and industrial zones, amending Ordinance 2789 as amended, and amending Chapter 3.70 and creating Chapter 16.10 of the Port Angeles Municipal Code. Attorney Knutson explained that shopping malls would be another example of where this binding site plan approach is better suited for land use development regulations, rather than the normal subdivision regulations used when dividing up property. Discussion followed. Councilman Campbell moved to adopt the Ordinance as read by title, citing Findings 1 - 8 and Conclusions 1 - 4, 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. FINANCE: 2. Authorize City Manager to Sign Contract for Pile Driving at City Pier (Cont'd) Mayor Braun reviewed the information provided by the Parks and Recreation Pile Driving at City Pier Department and asked Director Brodhun for a definition of "fender pile" which he provided. Couneilmember MeKeown moved to authorize the City Manager to sign a contract with Manson Construction in an amount not to exceed $25,000. Councilman Doyle seconded the motion, which carried unanimously. CONSENT AGENDA: Councilman Doyle moved to accept the Consent Agenda which included: 1. Minutes of the regular Council meeting of December 1, 1998; 2. Landfill Cell 3 Expansion Payment g4 and Construction Change Orders 1 and 3; 3. Reconsideration of Street Vacation 98-02 - Olympic Memorial Hospital; 4. Nyhus dedication of property to City; 5. Check list - December 15, 1998 - $756,558.03; and 6. Reappointments to Law Enforcement Advisory Board. Councilman Williams seconded the motion. With regard to Page 3 of the minutes, first paragraph, Councilman Doyle noted that the SeaMount subdivision was the first to have "curved" streets, not "curbed" streets. He also asked for and received an explanation regarding the expense for the Teen center expansion. Councilman Campbell noted the generous gift from Mr. & Mrs. Charles Nyhus, who are donating property valued at $155,000 to the City, for use in the Valley Creek Estuary Project. Director Brodhun reminded the Council that this was in addition -4- CITY COUNCIL MEETING December 15, 1998 CONSENT AGENDA: to land donated by Leo and Frances Konopaski several years ago, which will allow for (Cont'd) preservation of the ravine for future trail development or stream restoration. After further discussion, a vote was taken on the motion, which carried unanimously. CITY COUNCIL Councilman Doyle attended Real Estate Committee and Utility Advisory Committee COMMITTEE meetings. Councilmember McKeown represented the City at the opening of the REPORTS: Evergreen Family Village and the kick-off for the renovation of the Lee Hotel. Mayor Braun attended a dinner honoring the Chamber of Commerce volunteers, the installation of new officers for the Port Angeles Business Association, and the Mayors' meeting, which Manager Ibarra will address in detail later in the meeting. Mayor Braun was the guest speaker at an Eagle Scout ceremony, and he attended the Port Angeles Community Leaders meeting. Mayor Braun noted the letter of praise of the Coast Guard Cutter Active. Ordinances Not Requiring Public Hearings Adopting the 1999 Budget 1. Ordinance Adopting 1999 Budget and Amending 1998 Budget Ordinance No. 3004 Mayor Braun reviewed the information provided by the Finance Department. Director Godbey reminded the Council that the regular property tax increase was $.025 per thousand. Councilman Campbell, referring to the budget amendments noted on Page 70 of the packet, asked if downtown sidewalk and watermain and landfill cell extension projects had been budgeted. Director Godbey responded and explained. Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. 3004 AN ORDINANCE of the City of Port Angeles revising the budget for the fiscal year ending December 31, 1998, adopting the budget for the fiscal year ending December 31, 1999, amending Ordinance 2978, and authorizing an increase in the regular property tax levy. Councilman Campbell moved to adopt the Ordinance as read by title. Councilman Williams seconded the motion, which carried unanimously. Economic Development 2. Ordinance Creating Economic Development Fund Fund Ordinance No. 3005 Mayor Braun reviewed the information provided by the Finance Director, and Director Godbey provided further input. At Councilman Doyle's request, Attorney Knutson explained the paper trail for abolishing an ordinance. Mayor Braun read the Ordinance by title, entitled ORDINANCE NO.. 3005 AN ORDINANCE of the City of Port Angeles, Washington, creating the Economic Development Fund, abolishing the Governor's Rural Economic Summit Fund, and amending Ordinance 2890 as amended and Chapter 3.15 of the Port Angeles Municipal Code. Councilman Itulett moved to adopt the Ordinance as read by title. Councilman Williams seconded the motion, which carried unanimously. -5- CITY COUNCIL MEETING December 15, 1998 Resolutions Not Requiring Public Hearings: None Other Considerations Daishowa America Lease 1. Consent to Assignment of Daishowa America Lease on Ediz Hook on Ediz Hook Mayor Braun reviewed the information provided by the City Attorney's Office and asked Attorney Knutson for additional input. Attorney Knutson stated he understood this change would not effect the way Daishowa America operates in Port Angeles. Brief discussion ensued, and Attorney Knutson responded to questions. Councilman Campbell moved to authorize the Mayor to sign the Consent to Assignment of the Daishowa America lease of Lease Lots 1 and 2 on Ediz Hook. Couneilmember MeKeown seconded the motion, which carried unanimously. Regional & Emergency 2. Revised Scope of Contract with CH2MHill for Regional and Emergency Water Water System Analysis System Analysis Mayor Braun reviewed the information provided by the Public Works Department and asked Director Pittis for additional input. Director Pittis explained that the City and PUD would not split the cost 50/50, but it would be based on water usage. Councilman Campbell suggested the report be entitled Elwha Darns Removal Mitigation Facilities Report rather than Elwha Dams Mitigation Facilities Report. Discussion ensued, and Director Piths responded to questions and provided additional clarification. Councilman Doyle stated the Federal Government should be informed they would be expected to build a treatment plant, if needed, in the event the Elwha Dam is removed. Director Piths agreed. Manager Ibarra stated this has been expressed to Senator Murray and Congressman Dicks and will be brought up at the meeting with Senator Gorton next Monday. Following further discussion, Councilman Doyle moved to authorize approval of a scope revision to the current Port Angeles water supply study contract with CH2M Hill to provide a regional water supply entitled "Elwha Dams Removal Mitigation Facilities Report". Councilmember McKeown seconded the motion, which carried unanimously. Contract with Waldron 4. Request to Authorize City Manager to Sign Contract with Waldron & & Company Company Mayor Braun reviewed the information provided by the City Manager. Manager Ibarra reminded the Council that funds were requested during the 1999 budget process. This is the same firm utilized in the last two City Manager searches, and it comes highly recommended. Manager Ibarra referred to Page 102 of the packet, which contained the proposed time frame. Councilmember McKeown moved to authorize the City Manager to enter into a contract with Waldron and Company for professional services for the recruitment and selection process for the Public Works and Utilities Director in the amount of $15,000 plus expenses. Councilman Hulett seconded the motion, which carried unanimously. INFORMATION: Manager Ibarra stated there were two items which were not included in the City Manager's Report. He read aloud a thank you letter from a resident regarding the recent watermain break. The second item was a letter of support to the Mayor of Forks regarding the Quillayute Airport. -6- CITY COUNCIL MEETING December 15, 1998 INFORMATION: Manager Ibarra stated an Executive Session was necessary to discuss his review, and (Cont'd) he reminded the Council that he would be out of the office from December 24, 1998, through January 4, 1999. He recommended that Director Pittis be placed in responsible charge during his absence. Referring to Page 133, Manager Ibarra asked for Council concurrence in waiving or reducing fees for the restoration of the Lee Hotel. If Council concurs, an amendment regarding the disposal of solid waste will be prepared for the January 5, 1999, Council meeting. Discussion followed regarding reduced rates for charitable organizations. Council concurred with Manager Ibarra, and the ordinance will be forthcoming. At Mayor Braun's request, Director Godbey reviewed a request from the Employees' Association regarding a donation from the Council for a raffle prize. Mayor Braun asked for a $5 donation from each member, to which the Council agreed. Break Mayor Braun recessed the meeting for a break at 8:15 p.m. The meeting reconvened at 8:20 p.m. ADJOURN TO Mayor Braun adjourned the meeting to Executive Session at 8:20 p.m. to discuss a EXECUTIVE SESSION: personnel matter for approximately ten to fifteen minutes. RETURN TO The meeting returned to open session at 8:40 p.m. OPEN SESSION: ADJOURNMENT: The meeting was adjourned at 8:40 p.m. Becky J. Upton, City Clerk Gary Braun, Mayor -7- p'OR'T WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: January 5, 1999 TO: MAYOR BRAUN AND CITY COUNCIL FROM: Brad Collins, Planning Director SUBJECT: Annexation Petition 99(02)01 Issue: An annexation petition has been received for consideration by the City Council, and a meeting date to discuss the annexation with the property owners needs to be set within sixty days of December 14, 1998. Recommendation: City Council should set a meeting date of February 2, 1999, to determine how to proceed with the annexation petition and send the petition to the Planning Commission for their recommendation on the annexation request. S_ummar~ A valid annexation petition for 1.51 acres on the north side of US 101 immediately east of the City limits was received on December 14, 1998. RCW 35A. 14.120-150 prescribes the process the City must follow in acting on the petition. The first step is to set a meeting date to discuss with the property owners whether or not the City will accept the annexation, what the boundaries will be, and whether or not pre-annexation zoning and assumption of existing City indebtedness will be needed. The second step is to send the annexation request to the Planning Commission for their recommendation. These two steps must be completed within 60 days of receipt of the petition, which was on December 14, 1998. Background / Analysis: There a number of Comprehensive Plan policies which apply to annexation requests. Staff will prepare a report for the January 13, 1999, Planning Commission meeting if the recommended action is taken by the City Council. The petitioners have raised pre- annexation zoning as an issue in the petition. The size and service provisions may also be issues. The proposed area is within the Port Angeles Urban Growth Area boundary and eligible for annexation. Attachment: Annexation Petition Request 9 CITY OF PORT ANGELES REQUEST TO CIRCULATE AN ANNEXATION APPLICANT(s): Betty J. Corbett and Catherine ~, Stetson ADDRESS' 5430 S.W. Martha Terrace, Portland OR 97201 . Please contact our local representative J. Larry McHone at Coldwell Daytime Phone: 452-7861 Uptown Realty Location of area proposed for annexation, including legal description and street address (if available): Located on the North East corner of Highway 101 East and the undeveloped Beech St. ( See attached Maps) A Coldwell Banker Uptc~qn Realty sign is on the site. Legal description of applicant(s') property within proposed annexation area: Lots 1-8 Inclusive and Lots 16-24 Inc. and all being in Block 7 Nob Hill Add'n to Port Angeles; Also lots 8-13 in Block ~C" Puget Sound Co-Op Colony"s 1st Addition to Port Angeles, Assessed valuation of property within proposed area: $10.600. , Assessed valuation of applicant(s') property within annexation area: ~ Names of streets within and adjacent to area proposed for annexation: Streets within: East First St. Harding Ave (undeveloped) Adjacent streets: North Beech St. and Syndicate Ave (undeveloped) approximately 65,625 sq. ft or 1.51 acres Size of proposed annexation area: 1/ Signature(s)... ~.~2~,. ~:.C~ag..,~.. Date: / 11 UPTOWN REALTY 33° BUS. 1-800-292-2978 452- ~,~=,~ City of Port Angeles -321 E. 5th st. Port Angeles, WA. 98362 - __~l--- ..... Re: Request to circulate an annexation petition. Brad Iam the listing broker on the subject property currently owned by Betty Corbett and Catherine Stetson. Part of the property lies within the City and the largest portion in the County. The County Portion is zoned os, we would like to Annex and change the zoning to Commercial Arterial. This is a small parcel but is an important link to future annexation East. The advantage to the City would be, the current owners want to be annexed. We never know what a new owner may want. Thanks for your consideration. Each Office Is Independently Owned And Operated. 3G~'IOE'~ SNIO DEVELOPER REIMBURSEMENT A GREEMEN T 9.~;0, 1 I'O A$$~8$M~IVT R~IMBUR$EM~NT AR~A ~.~, sc x. , IMPt~ O V/~M/~N TS ~ °'' ~ .~0'~ DESCRIPTION DF PARCELS IN ASSESSMENT REIMBURSEMENT AREA LOTS BLOCK OTHER # oF PARCELS X X X: X X X X X X X rm XI x × x x x x x x x x x x x x x X X X X x x X x X X X X~ X X X X~ ~X TOTAL= x CITY OF PORT ANGELES PUBLIC WORKS x 15 16 poR' W AS H I N G T O N, U. $. A. CITY COUNCIL MEMO DATE: January 5, 1999 TO: MAYOR BRAUN AND CITY COUNCIL FROM: Craig D. Knutson, City Attorney SUBJECT: Landfill Rate for Lee Hotel Project Demolition Debris Issue: Adoption of special landfill charitable rate for the Housing Authority's Lee Hotel project demolition debris. Recommendation: Staff recommends amending the attached landfill rate ordinance to include the disposal of demolition debris from the Housing Authority's Lee Hotel project. Sammar~ The Clallam County Housing Authority has requested special dispensation from the City for the disposal of demolition debris from the Lee Hotel project. Amending the landfill rate ordinance's category for charitable organizations would allow for a fifty percent reduction in the regular landfill rate. Background/Analysis: This item was discussed at the December 15 Council meeting as brought forth by the city manager. There were several requests from the Housing Authority regarding fee reduction and the Council concurred with the city manager's recommendation to discount those fees by fifty-percent. One of those items is the disposal of waste at the landfill. In order to accommodate that request, the ordinance requires an amendment. The current fee for disposing of one ton of waste at the landfill is $76.80. The estimate tonnage for the Lee Hotel project is 600 tons, which would total $46,080. Extending the fifty percent reduced rate for charitable organizations to the Lee Hotel project would reduce the total bill to $23,040, which is acceptable to Housing Authority Director Pam Tietz. Attachment G:~EXCBANGE\CNCLPKTXATTRNY\010599.01 17 18 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, extending the special landfill rate for charitable organizations to include the Clallam County Housing Authority's Lee Hotel Project demolition debris and amending Ordinance 2317 as amended and Chapter 13.56 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Ordinance 2317 as amended and Chapter 13.56 of the Port Angeles Municipal Code are hereby amended by amending PAMC 13.56.040 to read as follows: 13.56.040 Rate - Certain Charitable Organizations. A fifty percent reduction in the landfill rates as set forth in this Chapter will be made available to certain charitable, nonprofit organizations, provided that the following requirements are met: A. The reduction will only be given upon completion by the organization of a written application and acceptance of said application by the City. B. The reduction shall only be applied to those charitable, nonprofit organizations, such as the Salvation Army, St. Vincent DePaul, and Serenity House, the primary purpose of which is provide necessary support for the poor or infirm and which must dispose of unusable donated items. C. Pursuant to Chapter 35.83 RCW, the reduction shall also be applied to the Housing Authority of Clallam County for self-haul of materials left by tenants who vacate Housing Authority premises and for disposal of demolition debris from the Housing Authority's Lee Hotel Project. (Ord. 2985, 3/27/98; Ord. 2938, 12/13/96) 19 Section 2 -Severability. If any provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 3 - Effective Date. This Ordinance shall take effect five days after the date of publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the __ day of ,1999. MAYOR ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney PUBLISHED: By Summary 98.22 2O WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: January 5, 1999 To: MAYOR BRAUN AND CITY COUNCIL FROM: Becky J. Upton, City Clerk/Management Assistant SUBJECT: Agreement with Clallam County Humane Society for Animal Shelter Services Issue: In order to receive animal shelter services from the Clallam County Humane Society, it is necessary to enter into a contractual agreement. Recommendation: City Council authorize the Mayor to sign the agreement with the Clallam County Humane Society for the period, January 1, 1999, to December 31, 2001. S_ummaryx The City has an agreement with the Clallam County Humane Society for animal shelter services. As opposed to the typical annual agreement, it has been recommended that the City enter into the attached agreement for a three-year period, with automatic increases of 2% per year for the duration of the agreement. Background / Analysis: The Humane Society has been providing animal shelter services to the City of Port Angeles for a number of years. Due to the City's effort to greatly reduce expenses, the Humane Society cooperated by agreeing to a 20% reduction in fees in 1997 for a total amount of $31,920. The City was able to increase the fee somewhat in 1998 to $39,900. During the City's 1999 budget preparation, the Humane Society requested a three-year agreement incorporating a 2% increase per year. Therefore, the proposed agreement represents the following annual payments: Year Monthly Amount Annual Amount 1999 $3,391.50 $40,698.00 2000 $3,459.33 $41,511.96 2001 $3,528.52 $42,342.24 Attachment g:\exchange\cnclpkt\clerk\humane.agr 21 22 AGREEMENT This Agreement is made and entered into this ~ day of , 1999, by and between the City of Port Angeles, a political subdivision of the State of Washington (hereinafter called "City"), and the Clallam County Humane Society, a nonprofit organization of the State of Washington (hereinafter called "Humane Society"). I PERFORMANCE BY HUMANE SOCIETY 1. Shelter Faciliti¢8. The Humane Society shall furnish and maintain shelter facilities and necessary equipment for handling stray or impounded animals brought to the Humane Society by the City of Port Angeles Animal Control Officer (ACO). These facilities shall include, but not be limited to, the following: A. Dog and cat kennels; B. An isolation room having a complete covered kennel for vicious dogs impounded; C. Separate feed rooms; D. Facilities for the humane disposal of sick, injured, and dead animals brought to the shelter by the City ACO. E. Secure after-hours receiving cages for animals. F. An internal alarm system. G. An external security fence at a minimum of eight (8) feet in height. The Humane Society shall properly maintain the facilities and equipment in a clean and sanitary manner and will not permit any condition to exist that would constitute a public nuisance. 2. Hours of Operation. The Humane Society shall, as a minimum requirement, keep the shelter facilities open to the public Monday through Friday 8:30 AM to 5:00 PM. During such other hours the ACO may use keys to be supplied for access to the shelter. Such hours shall be posted. 3. Standard of Care. The Humane Society shall give the best possible care and treatment to all creatures in its custody and control, by making certain they are comfortably housed and adequately fed, and shall not permit the shelter to become over-crowded. 4. Receipt of Animals. The Humane Society shall receive all stray dogs and cats brought to the shelter by the ACO and by residents of the City. The Humane Society shall hold them and properly care for them for their owners pursuant to applicable sections of Ch. 7.12 PAMC and may destroy animals not redeemed or claimed within the times provided for in PAMC 7.12.030. 5. Issuance of Licenses. The Humane Society shall issue animal licenses in accordance with applicable City ordinance provisions for animals impounded by the City ACO without approved license tags. 6. Collection of Fees. The Humane Society shall maintain complete and adequate records of all licenses issued and of all income and expenditures, which records shall be public and subject to examination. On a monthly basis, the Humane Society shall collect and remit to the City fees for licenses issued in accordance with City ordinances and shall keep records for licenses issued. The Humane Society shall transmit to the City all redemption and board fees, license fees, and any unused spay or neuter fees. Such fees shall be transmitted to the City, and any other revenue collected by the Humane Society in the City's behalf no later than 30 days following the conclusion of each calendar month. A complete report of all receipts and revenues collected by the Humane Society in connection with its performance of this contract shall be submitted to the City Finance Director along with all revenues and fees due the City. There shall be attached to said report a copy of the receipt for each license or impound fee showing thereon the name and address of the owner and/or description of the animal licensed or impounded. 7. Records. A. The Humane Society shall maintain complete and adequate records of all licenses and other fees paid to it by public agencies, including all income and expenditures from such sources and in a form and content approved by the Director of Finance of such matters, and shall provide the Director of Finance with reports of all such income and expenditures. B. The Humane Society shall also maintain a complete system of records which will show the kinds and number of creatures in its custody; the locations where such creatures were found; the reasons for their being confined; and their final disposition. The Humane Society shall make available all records concerning any given animal if requested by the owner. C. The Humane Society agrees that the City shall have the right to review the Humane Society's books pertaining to animal control and/or financial records yearly. D. The Humane Society shall provide the City with a detailed budget with current by-laws and organizational chart. 8. Staff. A. The Humane Society shall be registered in euthanasia by lethal injection, in accordance with RCW 69.50.310 and shall employ or contract with a minimum of two (2) qualified handlers. Copies of such certification shall be provided at time of signing agreement. B. The Humane Society shall maintain a telephone service and office personnel necessary for receiving inquiries from City residents with respect to animals impounded or delivered to the Humane Society by the ACO. 25 C. The Humane Society shall ensure that all of its employees act in a professional and business-like manner and that no rude or unseemly actions or attitudes are tolerated in their day-to-day dealings with the public. D. The Humane Society shall provide adequate training to its employees to satisfactorily perform the obligations of this agreement. The Humane Society shall arrange for all its permanent and temporary employees to be bonded up to $1,000 per employee to protect the City against any dishonesty or failure to transmit fees to the City. E. The Humane Society agrees that no staff member or relative of a staff member shall be on the Board of Directors after July 1, 1991. 9. Non-Discrimination. The Humane Society shall conduct its business in a manner which assures fair, equal and non-discriminatory treatment of all persons, without respect to race, creed or national origin, and, in particular: A. The Humane Society shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity/affirmative action requirements; and, B. The Humane Society shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non- discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran's status, disabled veteran condition, physical or mental handicap, or national origin. 10. Insurance and Hokt Harmless. The Humane Society shall procure and maintain general liability insurance in the sum of $500,000 per occurrence, applicable to all activities performed under the terms of this Agreement in support of the municipal Animal Control Program. -4- 26 A certificate of insurance shall be provided to the City Risk Manager prior to the commencement of each contract year, showing insurance has been procured. Said insurance shall include a clause whereby the City shall be notified at least thirty (30) days in advance of cancellation. The Humane Society further agrees to save and hold the City harmless from any and all causes of action, judgment, claims or demands, or from any liability of any nature arising out of the exercise of this Agreement. II CITY'S PERFORMANCE 1. For handling and disposing of animals brought to the Humane Society by the Animal Control Officer, and other services in this Agreement, the City shall pay to the Humane Society the following monthly fee: a. $3,391.50 per month during 1999 b. $3,459.33 per month during 2000 c. $3,528.52 per month during 2001. 2. Fees paid to the Humane Society by the City shall be negotiated on an annual basis commencing with the period of this Agreement, and thereafter, subject to the provisions of Section IV below. III NON-ASSIGNABILITY This Agreement may not be subcontracted or assigned by the Humane Society without written permission of the City. The Humane Society may enter into contracts with Clallam County and/or other municipalities, for animal welfare and control; provided that such operations do not interfere with the satisfactory handling of animals for the City of Port Angeles; and provided further, that no funds received by the Humane Society under this Agreement shall be used for any purpose except for the care of animals received or picked up in the City. IV DURATION This Agreement shall be effective from January 1, 1999, to December 31, 2001, with the option to renew for one additional year by written agreement of both parties; provided that should the parties fail to come to terms on a mutually acceptable agreement, the Humane Society shall continue to provide services described herein on a month-to-month basis, pending execution of a new agreement or the retention of an alternative contractor. V TERMINATION This Agreement may be terminated by either party after thirty (30) days from receipt of a written notice by the terminating party. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written. CLALLAM COUNTY HUMANE SOCIETY CITY OF PORT ANGELES By: By: Title: Title: Approved as to Form: Attest: Craig D. Knutson, City Attorney Becky J. Upton, City Clerk 28 WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: January 5, 1999 TO: MAYOR BRAUN AND CITY COUNCIL FROM: Becky J. Upton, City Clerk/Management Assistant SUBJECT: Vacancies on City Boards and Commissions Issue: Certain terms of office on various City Boards and Commissions expire as of March 1, 1999. It is timely to make reappointments and to begin advertising in order to seek replacements. Recommendation: Staff recommends that City Council reappoint Mary Craver to the Planning Commission for the term, 3/1/99 to 3/1/2003; reappoint Diana Tschimperle to the Parks, Recreation & Beautification Commission for the term, 3/1/99 to 3/1/2003; accept the resignation of Paul Ziakin from the Planning Commission; and direct staff to publicize the vacancies via news releases to seek replacements. S_ummaryx To provide staff sufficient time to seek replacements for certain vacancies on City Boards and Commissions, it is appropriate to proceed with reappointments as recommended by staff. Those eligible for reappointment have expressed a desire to continue service. Background / Analysis: The following delineates vacancies and proposed reappointments on City Boards and Commissions: Planning Commission: Mary Craver eligible for reappointment to 3/1/2003 Cindy Souders - not eligible for reappointment - creates vacancy Paul Ziakin - submitted resignation - creates vacancy for unexpired term ending 3/1/2002 Board of A ustment: Chuck Turner - not eligible for reappointment - creates vacancy Civil Service Commission: Ellie McCormick- moved outside City limits - creates vacancy Parks, Recreation & Beautification Commission: Nancy Martin - not eligible for reappointment - creates vacancy Diana Tschimperle - eligible for reappointment to 3/1/2003 g:\exchange\cnclpkt\clerk\boardsre.apt 29 poR WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: January 5, 1999 To: MAYOR BRAUN AND CITY COUNCIL FROM: Craig D. Knutson, City Attorney SUBJECT: $250,000 Loan of State Funds for Lee Hotel Project Issue: Final authorization of the $250,000 loan of Community Development Block Grant (CDBG) funds for the Lee Hotel Project. Recommendation: Staff recommends authorizing the Mayor to sign the necessary documents for the $250,000 loan of CDBG housing rehabilitation funds for the Clallam County Housing Authority's Lee Hotel project. Summary: The City Council has previously authorized City participation in the financing of the Clallam County Housing Authority's Lee Hotel project. It is now necessary for the Council to authorize the specific loan documents to be executed in order to finalize the project financing. Background / Analysis: At its August 4, 1998 meeting, the City Council authorized the Mayor to sign a contract with the State Department of Community Trade and Economic Development (CTED) for phase IV of the Port Angeles Housing Rehabilitation Project. It was explained to the Council at that time that the funding would include support for the Clallam County Housing Authority's Lee Hotel project. The amount of this housing rehabilitation loan is $250,000. Subsequently, the City also received a grant of $175,000 in CDBG housing enhancement funds for renovation of the Lee Hotel. The $425,000 funding package that the City will be forwarding to the Housing Authority for the Lee Hotel project compares with a $750,000 housing trust fund loan that the State will be making on its own. The remainder of the financing will be provided by private sources through a tax credit arrangement authorized under the Internal Revenue Code in the mount of approximately 3.5 million dollars. 31 Page 2 Memo to Council January 5, 1999 The final version of the housing rehabilitation loan documents that staff is recommending the Council authorize the Mayor to sign is not yet available. The documents are being reviewed and revised by the City Attorney and an attorney with Preston Gates and Ellis who specializes in such matters. The final documents will be available prior to the Council meeting for any Council member who would like to review them. The loan documents will include a promissory note, a deed of trust, and a loan agreement. The City's deed of trust will be subordinate to the State's, because the State's loan is for a larger amount of money. However, due to the even larger amount of private funding for the project, both the State's and City's loans should be very secure. G:~EXCHANGE\CNCLPKTXATTRN¥\010599.02 32 WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: January 5, 1999 To: MAYOR BRAUN AND CITY COUNCIL FROM: Brad Collins, Planning Director SUBJECT; Administrative Municipal Code Amendments - MCA 98-07 Issue.' Administrative municipal code amendments consistent with corrections and interpretations made during the last year should be adopted by the City Council to confirm proper implementation of City ordinances. Recommendation: Adopt the proposed Administrative Municipal Code Amendments MCA 98-07, citing the Planning Commission's 4 findings and 4 conclusions. Summary: Each year the Planning Department proposes amendments to the Port Angeles Municipal Code based on corrections that have been identified and interpretations that have been made throughout the year. These amendments which are minor in nature are recommended for approval by the Planning Commission and the Planning Department. Background/Analysis: There are a number of changes needed to the City's land use ordinances based on corrections that have been identified and interpretations that have been made throughout the year. These amendments are minor in nature. Public hearings have been scheduled before the Planning Commission on November 18, 1998, and the City Council on January 5, 1999. Following the November 18, 1998, public hearing, the Planning Commission made a number of additional corrections to the proposed amendments. The Planning Department supports the Planning Commission's changes. Attachments: Ordinance Excerpts of the Planning Commission 11/18/98 and 12/9/98 minutes 33 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, making several changes to the City's land use ordinances by clarifying the zoning code's definition of a sign and which types of signs are considered exempt in areas other than the Central Business District, correcting references in the right-of-way use ordinance to what mobile sales carts are and where they may be located, adding a parking ordinance category and requirements for physical therapy uses, allowing the Planning Director to determine when sensitive areas tracts, maintenance bonds and/or performance bonds are required for wetland permits, clarifying when public hearings will be scheduled before the Planning Commission, correcting zoning code errors in wording regarding to what standards residential uses shall be developed in the Commercial Office, Commercial Neighborhood, Community Shopping District, Commercial Arterial District, and Central Business District zones, adding public parks and recreational facilities as conditional uses in the Industrial Light zone, adding publicly owned convention centers and associated activities as permitted uses in the Public Buildings and Parks zone, clarifying zoning code wording regarding extensions of, and adding provisions for minor amendments to, approved conditional use permits, and amending Ordinances 1588, 1631, 1709, 2350, and 2655, as amended, and amending Chapters 11.12, 14.40, 15.24, 16.08, 17.08, 17.26, 17.94, 17.96, 17.20, 17.21, 17.22, 17.23, 17.24, 17.32, 17.40, and 17.96 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Ordinance 2350, as amended, and Chapter 11.12 of the Port Angeles Municipal Code are hereby amended by amending PAMC 11.12.010 and. 090 to read as follows: 11 12.010 Definitions. For the purpose of this Chapter, the following words have the meaning designated herein unless the context indicates otherwise: A. "City" means the City of Port Angeles. B. "City Council" or "Council" means the City Council of the City of Port Angeles. C. "Director of Public Works" means the Director of the Public Works Department of the City of Port Angeles or his authorized designee. D. "Exhibition" means a display of goods or articles for a period of not less than eleven (11) consecutive calendar days, open to the public, wherein not less than seven (7) persons under the sponsorship of the applicant exhibit goods or articles and where any such goods or articles are sold or offered for sale at retail or are displayed upon the public streets or rights-of-way of the City. Examples of exhibitions are: Agricultural show, industrial show, sports show, trade show, sidewalk sales, street fairs, public markets, carnivals, parades, demonstrations, running events, and civic-sponsored events. E. "Mobile sales carts" means a moveable wheeled cart no larger than I0 fifteen . . square feet in size an view .............................. v ..... is ..... F. "Permit" means a "Right-of-Way Use Permit" issued by the Department of Public Works. 35 G. "Planting strip" means that portion of the right-of-way, if any, between a street and the adjacent sidewalk. H. "Right-of-way" means the entire width between the boundary lines of every piece of property designated as a public right-of-way, whether any portion of the right-of- way is used by the public for either pedestrian or vehicular travel. I. "Sidewalk" means that portion of the right-of-way, if any, which is designed for pedestrian use, adjacent and parallel to a street. "Sidewalk" includes the area which would otherwise be a planting strip, if the area is either covered with cement or is otherwise used for pedestrian travel. J. "Street" means that portion of the right-of-way, if any, which is used for vehicular travel, including alleys. K. "Unopened right-of-way" means a right-of-way which is not used for either pedestrian or vehicular travel. (Ord. 2350 §1, 7/23/85) 11.12.090 Obstruction of Sidewalks or Planting Strips - Permit Required. Notwithstanding the provisions of Section 11.12.060 of this Chapter, the following obstructions of sidewalks or planting strips may be permitted, if a permit therefor is obtained from the City under this Chapter: A. Benches; B. Litter receptacles; C. Clocks; D. Bicycle racks placed by private parties; E. Telephone booths; F. Private planters and other landscaping higher than thirty (30) inches above the established grade at the curb line or roadway shoulder; G. Any other obstruction sought to be placed upon a sidewalk by the City for a public purpose; H. Additions to the facades of buildings existing on the effective date of this Chapter, which buildings are built up to the right-of-way line of the public street; provided that such addition shall not exceed six inches in width; I. Sidewalk cafes, provided that such permit shall last for one calendar year and must be renewed each year; J. Any other sidewalk or planting strip obstruction which is determined to provide a public benefit, although the obstruction constitutes a private use of the public street; K. Fences, retaining walls, terracing, and other similar structures; L. Mobile sales carts, provided that: 1. Such permit shall last for only one calendar year and must be renewed each year; 2. The cart may only sell food and shall do so from a stationary position which shall be established and specified in the permit and shall be removed at night; 3. The applicant shall maintain the area in the vicinity of his cart free of litter and/or debris and provide one litter receptacle; 4. The applicant shall adhere to such other conditions that may be placed upon the application; -2- 36 5. There shall not be another such cart within a ............. ~,,v~,~ fifty (,50) foot radius permitted at the same time. (Ord. 2350 §1, ?/23/85) Section 2. Ordinance 1588, as amended, and Chapter 14.40 of the Port Angeles Municipal Code are hereby amended by amending PAMC 14.40.030 to read as follows: 14.40.030 Parking Space Requirements - Commercial. A. Automobile service stations and repair shops shall provide a minimum of three parking spaces plus one parking space per each mechanical service bay. B. Banks, business and professional and governmental offices shall provide one parking space for each four hundred square feet of floor area of the building. C. Barber and beauty shops, tanning salons, and similar personal care establishments shall provide two parking spaces per station or tanning bcd. D. Bowling alleys shall provide six parking spaces for each alley. E. Child care services or day care centers, as defined in Chapter 388-73 WAC, as now enacted or hereafter amended, shall provide two parking spaces plus one unloading space for those services or centers serving twelve or fewer children, and one parking space per employee plus two parking spaces for unloading, for those services or day care centers serving more than twelve children. F. Churches, mortuaries and funeral homes, shall provide one parking space for each six seats in the chapel. G. Dancehalls shall provide one parking space for each fifty square feet of floor area of the building. H. Food stores, markets and shopping centers shall provide one parking space for each three hundred square feet of floor area of the building, with a minimum of ten parking spaces. I. Furniture and appliance stores shall provide one parking space per six hundred square feet of floor area of the building. J. Hotels and motels shall provide one parking space for each sleeping unit. K-:.N Research, biochemical, X-ray and dental laboratories shall provide one parking space for each two hundred square feet of floor area. L--:.K Medical, optometrical and dental clinics and/or offices shall provide six parking spaces for each doctor. M.L Other retail establishments, such as hardware stores, household equipment, service shops, clothing or shoe repair shops, shall provide one parking space for each three hundred square feet of floor area of the building, with a minimum of six spaces. M. Physical therapy and other similar personal service uses shall provide two parking spaces for each operator. M.O Restaurants, taverns, and any establishment for the sale and consumption on the premises of food, alcoholic beverages or refreshments, shall provide one parking space for each one hundred twenty-five square feet of floor area of the building, with a minimum of ten spaces. O.P Skating rinks and other commercial recreation places shall provide one parking space for each two hundred square feet of floor area of the building. -3- 37 ta.Q Telephone exchanges shall provide one parking space for each employee, with a minimum of six spaces. t~._R Theaters shall provide one parking space for each three theater seats. tk.S Trucking and transportation terminals shall provide a minimum of ten parking spaces. $.T Wholesale stores, warehouses, storage buildings and motor vehicles or machinery sales stores shall provide one parking space for each two employees, with a minimum often spaces. (Ord. 2787 {}4, 12/28/93; Ord. 2228 {}3, 8/31/82; Ord. 1588 §3, 6/15/66.) Section 3. Ordinance 2355, as amended, and Chapter 15.24 of the Port Angeles Municipal Code are hereby amended by amending PAMC 15.24.070 to read as follows: 15.24.070 - Standards for Permit Decisions. A. A permit shall only be granted if the permit, as conditioned, is consistent with the provisions of this Chapter. Additionally, permits shall only be granted if: 1. A proposed action avoids adverse impacts to regulated wetlands or their buffers or takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; 2. The proposed activity results in no net loss; or 3. Denial of a permit would cause an extraordinary hardship on the applicant. B. Wetlands permits shall not be effective and no activity thereunder shall be allowed during the time provided to file a permit appeal. C. Wetland Buffers: 1. Standard Buffer Zone Widths: Wetland buffer zones shall be required for all regulated activities adjacent to regulated wetlands. Any wetland created, restored, or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored, or enhanced wetland. All buffers shall be measured from the wetland boundary as surveyed in the field, pursuant to the applicable definitions in 15.24.020. The width of the wetland buffer zone shall be determined according to wetland category and the intensity of the proposed land use, as follows: a. Category I High intensity 300 feet Low intensity 200 feet b. Category II High intensity 200 feet Low intensity 100 feet c. Category III High intensity 100 feet Low intensity 50 feet d. Category IV High intensity 50 feet Low intensity 25 feet 2. Increased Wetland Buffers Zone Width: The Planning Director -4- 38 shall require increased standard buffer zone widths on a case-by-case basis when a larger buffer is necessary to protect wetlands functions and values, based on local conditions. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the regulated wetland. Such determination shall be attached as a permit condition and shall demonstrate that: a. a larger buffer is necessary to maintain viable populations of existing species; or b. the wetland is used by species proposed or listed by the Federal Government or the State as endangered, threatened, rare, monitor, or sensitive, critical or outstanding potential habitat for those species, or has unusual nesting or resting sites, such as heron rookeries or raptor nesting trees; or c. the adjacent land is susceptible to severe erosion, and erosion control measures will not effectively prevent adverse wetland impacts; or d. the adjacent land has minimal vegetative cover or slopes greater than 15 percent. 3. Reduction of Standard Wetland Buffer Zone Width: The Planning Director may reduce the standard wetland buffer zone widths on a case-by-case basis where it can be demonstrated that: a. the adjacent land is extensively vegetated and has less than 15 percent slopes and that no direct or indirect, short-term or long-term, adverse impacts to regulated wetlands, as determined by the Planning Director, will result from a regulat, ed activity. The Planning Director may require long-term monitoring of the project and subsequent corrective actions if adverse impacts to regulated wetlands are discovered; or b. the project includes a buffer enhancement plan using native vegetation which substantiates that an enhanced buffer will improve the functional attributes of the buffer to provide additional protection for wetlands functions and values. An enhanced buffer shall not result in greater than a 25 percent reduction in the buffer width, and the reduced buffer shall not be less than 25 feet. 4. Standard Wetland Buffer Width Averaging: Standard wetland buffer zones may be modified by averaging buffer widths. Wetland buffer width averaging shall be allowed only where the applicant demonstrates all of the following: a. that averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property; b. that the wetland contains variations in sensitivity due to existing physical characteristics; c. that low intensity land uses would be located adjacent to areas where buffer width is reduced, and that such low intensity land uses are guaranteed in perpetuity by covenant, deed restriction, easement, or other legally binding mechanism; d. that width averaging will not adversely impact the wetland functional values; and e. that the total area contained within the wetland buffer after averaging is no less than that contained within the standard buffer prior to averaging. In no instance shall the buffer width be reduced by more than 50 percent of the standard buffer or be less than 25 feet. -5- 39 5. Except as otherwise specified, wetland buffer zones shall be retained in their natural condition. Where buffer disturbance has occurred during construction, revegetation with native vegetation may be required. 6. Permitted Uses in a Wetland Buffer Zone: Regulated activities shall not be allowed in a buffer zone except for the following: a. activities having minimal adverse impacts on buffers and no adverse impacts on regulated wetlands. These may include low intensity, passive recreational activities such as pervious trails, nonpermanent wildlife watching blinds, short-term scientific or educational activities, and sports fishing or hunting; b. with respect to Category II and IV wetlands, stormwater management facilities,having no reasonable alternative on-site location; or c. with respect to Category IH and IV wetlands, development having no feasible alternative location. 7. Building Setback Lines: A building setback line of 15 feet is required from the edge of any wetland buffer. Minor structural intrusions into the area of the building setback may be allowed if the Planning Director determines that such intrusions will not negatively impact the wetland. The setback shall be identified on a site plan which is filed as an attachment to the notice on title required by Subsection 15.24.060C6. D. Avoiding Wetland Impacts: 1. Regulated activities shall not be authorized in a regulated wetland except where it can be demonstrated that the impact is both unavoidable and necessary or that all reasonable economic uses are denied. 2. With respect to Category I wetlands, an applicant must demonstrate that denial of the permit would impose an extraordinary hardship on the part of the applicant brought about by circumstances peculiar to the subject property. 3. With respect to Category II and III wetlands, the following provisions shall apply: a. For water-dependent activities, unavoidable and necessary impacts can be demonstrated where there are no practicable alternatives which would not involve a wetland or which would not have less adverse impact on a wetland, and would not have other significant adverse environmental consequences. b. Where nonwater-dependent activities are proposed, it shall be presumed that adverse impacts are avoidable. This presumption may be rebutted upon a demonstration that: i. the basic project purpose cannot reasonably be accomplished utilizing one or more other sites in the general region that would avoid, or result in less, adverse impact on a regulated wetland; and ii. a reduction in the size, scope, configuration, or density of the project as proposed and all alternative designs of the project as proposed that would avoid, or result in less, adverse impact on a regulated wetland or its buffer will not accomplish the basic purpose of the project; and iii. in cases where the applicant has rejected alternatives to the project as proposed due to constraints such as zoning, deficiencies of infrastructure, or parcel size, the applicant has made reasonable attempts to remove or accommodate such -6- 4O constraints. 4. With respect to Category IV wetlands, unavoidable and necessary impacts can be demonstrated where the proposed activity is the only reasonable alternative which will accomplish the applicant's objectives. E. Re~soni~ble l,J~e Exception: 1. If an applicant for a development proposal demonstrates to the satisfaction of the Planning Director that application of these standards would deny all reasonable economic use of the property, development as conditioned may be allowed if the applicant also demonstrates all of the following to the satisfaction of the Planning Director: a. that the proposed project is water-dependent or requires access to the wetland as a central element of its basic function, or is not water-dependent but has no practicable alternative, pursuant to Subsection 15.24.070D; b. that no reasonable use with less impact on the wetland and its buffer is possible (e.g., agriculture, aquaculture, transfer or sale of development rights or credits, sale of open space easements, etc.); c. that there is no feasible on-site alternative to the proposed activities, including reduction in density, phasing of project implementation, change in timing of activities, revision of road and lot layout, and/or related site planning considerations, that would allow a reasonable economic use with less adverse impacts to wetlands and wetland buffers; d. that the proposed activities will result in minimum feasible alteration or impairment to the wetland's functional characteristics and its existing contours, vegetation, fish and wildlife resources, and hydrological conditions; e. that disturbance of wetlands has been minimized by locating any necessary alteration in wetland buffers to the extent possible; f. that the proposed activities will not jeopardize the continued existence of endangered, threatened, rare, sensitive, or monitor species as listed by the Federal government or the State of Washington; g. that the proposed activities will not cause significant degradation of groundwater or surface water quality; h. that the proposed activities comply with all State, local, and Federal laws, including those related to sediment control, pollution control, floodplain restrictions, and on-site wastewater disposal; i. that any and all alterations to wetlands and wetland buffers will be mitigated as provided in Subsection 15.24.070H7; j. that there will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property; and k. that the inability to derive reasonable economic use of the property is not the result of actions by the applicant in segregating or dividing the property and creating the undevelopable condition after the effective date of this Chapter. 2. If the Planning Director determines that alteration of a wetland and/or wetland buffer is necessary and unavoidable, the Planning Director shall set forth in writing in the file he maintains regarding a permit application his findings with respect to each of the items listed in this Subsection. -7- 41 3. Alternatively, if the Planning Director determines that application of these standards would deny all reasonable economic use of the property, the City may take the property for public use with just compensation being made. F. Minimizing Wetlands Impacts: 1. After it has been determined by the Planning Director pursuant to Subsection 15.24.070D that losses of wetland are necessary and unavoidable or that all reasonable economic use has been denied, the applicant shall take deliberate measures to minimize wetland impacts. 2. Minimizing impacts to wetlands shall include but is not limited to: a. limiting the degree or magnitude of the regulated activity; b. limiting the implementation of the regulated activity; c. using appropriate and best available technology; d. taking affirmative steps to avoid or reduce impacts; e. sensitive site design and siting of facilities and construction staging areas away from regulated wetlands and their buffers; f. involving resource agencies early in site planning; and g. providing protective measures, such as siltation curtains, hay bales, and other siltation prevention measures; scheduling the regulated activity to avoid interference with wildlife and fisheries rearing, resting, nesting, or spawning activities. G. Limited Density Transfer: For development proposals on lands containing wetland buffers, the Planning Director shall determine allowable dwelling units for residential development proposals based on the formulas below. The following formula for density calculations is designed to provide incentives for the preservation of wetlands and wetland buffers, flexibility in design, and consistent treatment of different types of development proposals. The formula shall apply to all properties within existing residential zones on which wetlands and wetland buffers are located. The maximum number of dwelling units (DU) for a lot or parcel which contains wetlands and wetland buffers shall be equal to: (Acres in Wetland Buffer)(DU/Acre)(Density Credit). The density credit figure is derived from the following table: Percentage of site in buffers Density Credit 1-10% 100% 11-20% 90% 21-30% 80% 31-40% 70% 41-50% 60% 51-60% 50% 61-70% 40% 71-80% 30% 81-90% 20% 91-99% 10% The density credit can only be transferred within the development proposal site. To the extent that application of the formula may result in lot sizes less than the minimum allowed by the underlying district, they are hereby authorized, provided that the resultant lot is of sufficient size -8- 42 for an on-site waste disposal system if no sanitary sewer system exists. Should the density credit allow average lot size to fall below the minimum standard allowed by underlying zoning, the applicant shall use Planned Residential Development procedures for project review. The Planning Director shall not allow credit for density for the portions of the site occupied by wetlands. H. Acting on the Application: 1. Special Use Permit Conditions: a. Sensitive Area Tracts: As a condition of any permit issued pursuant to this Chapter, the permit holder shall may be required to create a separate sensitive area tract or tracts containing the areas determined to be wetland and/or wetland buffer in field investigations performed pursuant to Subsection 15.24.040C. Sensitive area tracts are legally created tracts containing wetlands and their buffers that shall remain undeveloped in perpetuity. Sensitive area tracts are an integral part of the lot in which they are created; are not intended for sale, lease or transfer; and shall be included in the area of the parent lot for purposes of subdivision method and minimum lot size. i. Protection of Sensitive Area Tracts: The Planning Director shall require, as a condition of any permit issued pursuant to this Chapter, that the sensitive area tract or tracts created pursuant to Subsection 15.24.070H1 be protected by one of the following methods: (A) The permit holder shall convey an irrevocable offer to dedicate to the City of Port Angeles or other public or non-profit entity specified by the Planning Director, an easement for the protection of native vegetation within a wetland and/or its buffer; or (B) The permit holder shall establish and record a permanent and irrevocable deed restriction on the property title of all lots containing a sensitive area tract or tracts created as a condition of this permit. Such deed restriction(s) shall prohibit in perpetuity the development, alteration, or disturbance of vegetation within the sensitive area tract except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the City of Port Angeles, and any other agency with jurisdiction over such activity. b. The deed restriction shall also contain the following language: "Before beginning and during the course of any grading, building construction, or other development activity on a lot or development site subject to this deed restriction, the common boundary between the area subject to the deed restriction and the area of development activity must be fenced or otherwise marked to the satisfaction of the City of Port Angeles." c. Regardless of the legal method of protection chosen by the Planning Director, responsibility for maintaining sensitive area tracts shall be held by a homeowners association, adjacent lot owners, the permit applicant or designee, or other appropriate entity as approved by the Planning Director. d. The following note shall appear on the face of all plats, short plats, PRDs, or other approved site plans containing separate sensitive area tracts, and shall be recorded on the title of record for all affected lots: -9- 43 "NOTE: All lots adjoining separate sensitive area tracts identified as Native Vegetation Protection Easements or protected by deed restriction, are responsible for maintenance and protection of the tracts. Maintenance includes ensuring that no alterations occur within the separate tract and that all vegetation remains undisturbed for other than natural reasons, unless the express Written authorization of the City of Port Angeles has been received." e. The common boundary between a separate sensitive area tract and the adjacent land must be permanently identified. This identification shall include permanent wood or metal signs on treated or metal posts. Signs shall be worded as follows: "Protection of this natural area is in your care. Alteration or disturbance is prohibited by law. Please call the Port Angeles Planning Department for more information." f. Sign locations and size specifications shall be approved by the Planning Director. The Planning Director shall require permanent fencing of the sensitive area tract or tracts when there is a substantial likelihood of the presence of domestic grazing animals within the development proposal. The Planning Director shall also require as a permit condition that such fencing be provided if, subsequent to approval of the development proposal, domestic grazing animals are in fact introduced. g. Additional Conditions: i. The location of the outer extent of the wetland buffer and the areas to be disturbed pursuant to an approved permit shall be marked in the field, and such field marking shall be approved by the Planning Director prior to the commencement of permitted activities. Such field markings shall be maintained throughout the duration of the permit. ii. The Planning Director may attach such additional conditions to the granting of a special use permit as deemed necessary to assure the preservation and protection of affected wetlands and to assure compliance with the purposes and requirements of this Chapter. 2. Bonding: a. Performance Bonds: The Planning Director ahall may require the applicant of a development proposal to post a cash performance bond or other security acceptable to the Planning Director in an amount and with surety and conditions sufficient to fulfill the requirements of Subsection 15.24.070H6 and, in addition, to secure compliance with other conditions and limitations set forth in the permit. The amount and the conditions of the bond shall be consistent with the purposes of this Chapter. In the event of a breach of any condition of any such bond, the City of Port Angeles may institute an action in a court of competent jurisdiction upon such bond and prosecute the same to judgment and execution. The Planning Director shall release the bond upon determining the following, provided that prior to such written release of the bond, the principal or surety cannot be terminated or canceled; i. All activities, including any required compensatory mitigation, have been completed in compliance with the terms and conditions of the permit and the requirements of this Chapter; ii. The posting by the applicant of a maintenance bond has occurred. -10- 44 b. Maintenance Bonds: The Planning Director shall require the holder of a development permit issued pursuant to this Chapter to post a cash performance bond or other security acceptable to the Planning Director in an amount and with surety and conditions sufficient to guarantee that structures, improvements, and mitigation required by the permit or by this Chapter perform satisfactorily for a minimum of two (2) years after they have been completed. The Planning Director shall release the maintenance bond upon determining that performance standards established for evaluating the effectiveness and success of the structures, improvements, and/or compensatory mitigation have been satisfactorily met for the required period. For compensation projects, the performance standards shall be those contained in the mitigation plan developed and approved during the permit review process, pursuant to Subsection 15.24.070H7. The maintenance bond applicable to a compensation project shall not be released until the Planning Director determines that performance standards established for evaluating the effect and success of the project have been met. 3. Other Laws and Regulations: No permit granted pursuant to this Chapter shall remove an applicant's obligation to comply in all respects with the applicable provisions of any other Federal, State, or local law or regulation, including but not limited to the acquisition of any other required permit or approval. 4. Suspension or Revocation: In addition to other penalties provided for elsewhere, the Planning Director may suspend or revoke a permit if he/she finds that the applicant or permittee has not complied with any or all of the conditions or limitations set forth in the permit; has exceeded the scope of work set forth in the permit; or has failed to undertake the project in the manner set forth in the approved application. 5. Publication of Notice: The Planning Director shall cause notice of his/her denial, issuance, conditional issuance, revocation, or suspension of a permit to be published in a daily newspaper having a broad circulation in the area wherein the wetland lies. Such notice shall be published within five (5) working days of the decision or order and shall include at least the following: a. A brief description of the project, including location; b. The decision or order of the City with respect to the project; c. Notification that the permit file is open for public inspection during regular business hours, and the address where such file may be inspected; and d. A statement of the procedures regarding appeal or judicial review of the decision, if applicable. 6. Compensating for Wetlands Impacts: As a condition of any permit allowing alteration of wetlands and/or wetland buffers, or as an enforcement action pursuant to Subsection 15.24.080C, the Planning Director shall require that the applicant engage in the restoration, creation, or enhancement of wetlands and their buffers in order to offset the impacts resulting from the applicant's or violator's actions. The applicant shall develop a plan which provides for land acquisition, construction, maintenance, and monitoring of replacement wetlands that recreate as nearly as possible the original wetlands in terms of acreage, function, geographic location and setting, and that are larger than the original wetlands. The overall goal of any compensatory project shall be no net loss of wetlands function and acreage and to strive for a new resource gain in wetlands over present conditions. Compensation shall be completed prior to wetland destruction, where possible. -11- 45 Compensatory mitigation shall follow an approved mitigation plan pursuant to Subsection 15.24.070H7 and shall meet the following minimum performance standards: a. Cfiven the uncertainties in scientific knowledge and the need for expertise and monitoring, wetland compensatory projects may be permitted only when the Planning Director finds that the compensation project is associated with an activity or development otherwise permitted and that the restored, created, or enhanced wetland will be as persistent as the wetland it replaces. Additionally, applicants shall: i. demonstrate sufficient scientific expertise, supervisory capability, and financial resources to carry out the project; ii. demonstrate the capability for monitoring the site and to make corrections during this period if the project fails to meet projected goals; and iii. protect and management or provide for the protection and management of the compensation area to avoid further development or degradation and to provide for long-term persistence of the compensation area. b. Wetlands Restoration and Creation: i. Any person who alters regulated wetlands shall restore or create equivalent areas or greater areas of wetlands than those altered in order to compensate for wetland losses. ii. Where feasible, restored or created wetlands shall be a higher category than the altered wetland. iii. Compensation areas shall be determined according to function, acreage, type, location, time factors, ability to be self-sustaining, and projected success. Wetland functions and values shall be calculated using the best professional judgment of a qualified wetland ecologist using the best available techniques. Multiple compensation projects may be proposed for one project in order to best achieve the goal of no net loss. iv. Acreage replacement ratio. The following ratios apply to creation or restoration which is in-kind, on-site, timed prior to or concurrent with alteration, and has a high probability of success. These ratios do not apply to remedial actions resulting from illegal alterations. The first number specifies the acreage of wetlands requiring replacement and the second specifies the acreage of wetlands altered. Category I 6:1 Category II or III Forested 3:1 S crub-shrub 2:1 Emergent 1.5:1 Category IV 1.25:1 (A) Increased Replacement Ratio: The Planning Director may increase the ratios under the following circumstances: (1) uncertainty as to the probable success of the proposed restoration or creation; (2) significant period of time between destruction and replication of wetland functions; (3) projected losses in functional value; or -12- 46 (4) off-site compensation. (B) Decreased Replacement Ratio: The Planning Director may decrease these ratios based on findings of special studies coordinated with agencies with expertise which demonstrate that no net loss of wetland function or value is attained under the decreased ratio. (C) In all cases, a minimum acreage replacement ratio of 1:1 shall be required. c. Wetlands Enhancement: i. Any applicant proposing to alter wetlands may propose to enhance existing significantly degraded wetlands in order to compensate for wetland losses. Applicants proposing to enhance wetlands shall identify how enhancement conforms to the overall goals and requirements of the local wetlands protection program and established regional goals. ii. A wetlands enhancement compensation project shall be determined pursuant to Subsection 15.24.070H6, provided that enhancement for one function and value will not degrade another function or value and that acreage replacement ratios shall be doubled to recognize existing functional values and, provided further, that Category I wetlands shall not be enhanced. d. Wetland Type: i. In-kind compensation shall be provided except where the applicant can demonstrate that: (A) the wetland system is already significantly degraded and out-of-kind replacement will result in a wetland with greater functional value; (B) scientific problems, such as exotic vegetation and changes in watershed hydrology make implementation of in-kind compensation impossible; or (C) out-of-kind replacement will best meet identified regional goals (e.g., replacement of historically diminished wetland types). (D) Where out-of-kind replacement is accepted, greater acreage replacement ratios may be required to compensate for lost functional values. e. Location: i. On-site compensation shall be provided except where the applicant can demonstrate that: (A) the hydrology and ecosystem of the original wetland and those who benefit from the hydrology and ecosystem will not be substantially damaged by the on-site loss; and (B) on-site compensation is not scientifically feasible due to problems with hydrology, soils, waves, or other factors; or (C) compensation is not practical due to potentially adverse impact from surrounding land uses; or (D) existing functional values at the site of the proposed restoration are significantly greater than lost wetland functional values; or (E) that established regional goals for flood storage, flood conveyance, habitat or other wetland functions have been established and strongly justify -13- 47 location of compensatory measures at another site. ii. Off-site compensation shall occur within the same watershed as the wetland loss occurred; provided that Category IV wetlands may be replaced outside of the watershed when there is no reasonable alternative. iii. In selecting compensation sites, applicants shall pursue siting in the following order of preference: (A) upland sites which were formerly wetlands; (B) idled upland sites generally having bare ground or vegetative cover consisting primarily of exotic introduced species, weeds, or emergent vegetation; (C) other disturbed upland. f. Timing: i. Where feasible, compensation projects shall be completed prior to activities that will disturb wetlands, and immediately after activities that will temporarily disturb wetlands. In all other cases, except for Category I wetlands, compensatory projects should be completed prior to use or occupancy of the activity or development which was conditioned upon such compensation. Construction of compensation projects shall be timed to reduce impacts to existing wildlife and flora. g. Cooperative Restoration, Creation, or Enhancement projects: i. The Planning Director may encourage, facilitate, and approve cooperative projects wherein a single applicant or other organization with demonstrated capability may undertake a compensation project with funding from other applicants under the following circumstances: (A) restoration, creation, or enhancement at a particular site may be scientifically difficult or impossible; or (B) creation of one or several larger wetlands may be preferable to many small wetlands. ii. Persons proposing cooperative compensation projects shall: (A) submit a joint permit application; (B) demonstrate compliance with all standards; (C) demonstrate the organizational and fiscal capability to act cooperatively; and (D) demonstrate that long-term management can and will be provided. 7. Mitigation Plans: All wetland restoration, creation, and/or enhancement projects required pursuant to this Chapter, either as a permit condition or as the result of an enforcement action, shall follow a mitigation plan prepared by qualified wetland professionals approved by the Planning Director. The applicant or violator shall receive written approval of the mitigation plan by the Planning Director prior to commencement of any wetland restoration, creation, or enhancement activity. Unless the Planning Director, in consultation with qualified wetland professionals, determines, based on the size and nature of the development proposal, the nature of the impacted wetland, and the degree of cumulative impacts on the wetland from other development proposals, that the scope and specific requirements of the mitigation plan may be reduced from what is listed below, the mitigation plan shall contain at -14- 48 least the following components: a. Baseline Information: A written assessment and accompanying maps of the: i. impacted wetland including, at a minimum, wetland delineation; existing wetland acreage; vegetative, faunal, and hydrologic characteristics; soil and substrate conditions; topographic elevations; and ii. compensation site, if different from the impacted wetland site, including, at a minimum, existing acreage; vegetative, faunal, and hydrologic conditions; relationship within watershed and to existing waterbodies; soil and substrate conditions; topographic elevations; existing and proposed adjacent site conditions; buffers; and ownership. b. Environmental Goals and Objectives: A written report shall be provided identifying goals and objectives and describing: i. The purposes of the compensation measures, including a description of site selection criteria; identification of compensation goals; identification of target evaluation species and resource functions; dates for beginning and completion; and a complete description of the structure and functional relationships sought in the new wetland. The goals and objectives shall be related to the functions and values of the original wetland, or if out-of-kind, the type of wetland to be emulated. ii. A review of the available literature and/or experience to date in restoring or creating the type of wetland proposed shall be provided. An analysis of the likelihood of success of the compensation project at duplicating the original wetland shall be provided based on the experiences of comparable projects, if any. An analysis of the likelihood of persistence of the created or restored wetland shall be provided based on such factors as surface and ground water supply and flow patterns; dynamics of the wetland ecosystem; sediment or pollutant influx and/or erosion, periodic flooding and drought, etc.; presence of invasive flora or fauna; potential human or animal disturbance; and previous comparable projects, if any. c. Performance Standards: Specific criteria shall be provided for evaluating whether or not the goals and objectives of the project and for beginning remedial action or contingency measures. Such criteria may include water quality standards, survival rates of planted vegetation, species abundance and diversity targets, habitat diversity indices, or other ecological, geological, or hydrological criteria. d. Detailed Construction Plans: Written specifications and descriptions of compensation techniques shall be provided, including the proposed construction sequence; grading and excavation details; erosion and sediment control features needed for wetland construction and long-term survival; a planting plan specifying plant species, quantities, locations, size, spacing, and density; source of plant materials, propagules, or seeds; water and nutrient requirements for planting; where appropriate, measures to protect plants from predation; specification of substrate stockpiling techniques and planting instructions; descriptions of water control structures and water-level maintenance practices needed to achieve the necessary hydrocycle/hydroperiod characteristics; etc. These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction -15- 49 techniques or anticipated final outcome. The plan shall provide for elevations which are appropriate for the desired habitat type(s) and which provide sufficient tidal prism and circulation data. e. Monitoring Program: A program outlining the approach for monitoring construction of the compensation project and for assessing a completed project shall be provided. Monitoring may include, but is not limited to: i. establishing vegetation plots to track changes in plant species composition and density over time; ii. using photo stations to evaluate vegetation community response; iii. sampling surface and subsurface waters to determine pollutant loading, and changes from the natural variability of background conditions (pH, nutrients, heavy metals); iv. measuring base flow rates and storm water runoff to model and evaluate water quality predictions, if appropriate; v. measuring sedimentation rates, if applicable; and vi. sampling fish and wildlife populations to determine habitat utilization, species abundance, and diversity. A protocol shall be included outlining how the monitoring data will be evaluated by agencies that are tracking the progress of the compensation project. A monitoring report shall be submitted annually, at a minimum, documenting milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five (5) years. f. Contingency Plan: Identification of potential courses of action, and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met. g. Permit Conditions: Any compensation project prepared pursuant to this section and approved by the Planning Director shall become part of the application for the permit. h. Performance Bonds and Demonstration of Competence: A demonstration of financial resources, administrative, supervisory, and technical competence and scientific expertise of sufficient standard to successfully execute the compensation project shall be provided. A compensation project manager shall be named and the qualifications of each team member involved in preparing the mitigation plan and implementing and supervising the project shall be provided, including educational background and areas of expertise, training and experience with comparable projects. In addition, bonds ensuring fulfillment of the compensation project, monitoring program, and any contingency measure shall be posted pursuant to Subsection 15.24.070H in the amount of one hundred twenty (120) percent of the expected cost of compensation. i. Regulatory authorities are encouraged to consult with and solicit comments of any Federal, State, regional, or local agency, including tribes, having any special expertise with respect to any environmental impact prior to approving a mitigation proposal which includes wetlands compensation. The compensation project proponents should -16- 50 provide sufficient information on plan design and implementation in order for such agencies to comment on the overall adequacy of the mitigation proposal. j. Compensatory mitigation is not required for regulated activities: i. For which a permit has been obtained that occur only in the buffer or expanded buffer and which have no adverse impacts to regulated wetlands; or ii. which are allowed pursuant to Subsection 15.24.050B, provided such activities utilize best management practices to protect the functions and values of regulated wetlands. I. Appeals: Any decision of the Planning Director in the administration of this Chapter may be appealed in writing to the City Council within fourteen days of the issuance of notice of the decision. The time period for considering the appeal shall not exceed ninety days. J. Modification of Wetland Permits: A Wetland Permit holder may request and the Planning Director may approve modification of a previously issued Wetland Permit. K. Resubmittal of Denied Permit Applications: A Wetland Permit application which has been denied may be modified and resubmitted no earlier than one hundred eighty (180) days following action on the original application. A permit application shall be considered a resubmittal if the site proposed for development was the subject of a Wetland Permit application within the previous one hundred eighty (180) days. A new fee will be required for such resubmittal. (Ord. 2928 (part), 9/13/96; Ord. 2655 §1 (part), 11/29/91.) Section 4. Ordinance 1631, as amended, and Chapter 16.08 of the Port Angeles Municipal Code are hereby amended by amending PAMC 16.08.050 to read as follows: 16.08.050 Procedure A. PRELIMINARY STEPS. The developer shall submit a sketch of a proposed subdivision of land to the City Planning Department for review prior to submittal of the Preliminary Plat. B. PRELIMINARY APPROVAL. The developer or his surveyor shall then transmit six (6) (or more if required) copies of the Preliminary plat, together with a filing fee, to the City Planning Department. The amount of the filing fee shall be as established by ordinance and set forth in Chapter 3.70 PAMC. The City Planning Department shall submit written recommendations to the Planning Commission prior to the Commission's public hearing in which the Preliminary plat is on its agenda. The proposed plat shall be prepared by a licensed land surveyor and shall be submitted to the City Planning Department at least thirty days prior to thc next public hearing of the City Planning Commission. Notice of the public hearing on a proposed plat or subdivision shall be posted by the developer in a conspicuous place on or adjacent to the land proposed to be subdivided. Such notices shall clearly indicate the time and place of the public hearing and shall be posted not less than ten days prior to the hearing. The Planning Commission shall examine the proposed plat, along with written -17- 51 recommendations of the City Departments, and shall either approve or disapprove and shall make recommendations thereon to the City Council. Within a period of ninety (90) days after a preliminary plat has been submitted to the City Planning Department and other affected agencies, the City Council shall either approve or disapprove the proposed Preliminary plat. The ninety (90) days time period may be extended with the consent of the applicant. If an Environmental Impact Statement is required, the ninety (90) day period shall not include the time spent preparing and circulating the EIS. Following final action of the City Council on a preliminary plat, the Planning Department shall notify the developer regarding changes required and the type and extent of improvements to be made. A copy of the Commission's action and recommendations shall be forwarded to the developer and to any agency submitting recommendations in regard to the preliminary plat. Approval of a preliminary plat shall be considered conditional approval of the preliminary plat, and shall not constitute approval of the Final plat; it shall be considered only as approval of the layout submitted on the preliminary plat as a guide to the preparation of the Final plat. If the preliminary plat is approved by the City Council, the developer, before requesting final approval, shall elect to install or assure installation of the improvements required by Section 16.08.070 PAMC by one of the following methods: 1. Actual installation of the required improvements, to the satisfaction and approval of the City Engineer; 2. (-a-)Furnishing to the City a subdivision bond, with an approved insurer, in an amount equal to the cost of the improvements as determined by the City Engineer, which bond shall assure to the City actual installation of the required improvements to the satisfaction and approval of the City Engineer. The City Engineer shall determine the period of the bond. 3. (-b-)Furnishing to the City an assignment of a savings account or placing in trust, an amount equal to the cost of the improvements as determined by the City Engineer, which assignment of savings account or trust shall assure to the City the installation of the improvements, to the satisfaction and approval of the City Engineer. This savings account or trust shall be conditioned so that no amount may be removed therefrom without prior written approval of the City, and shall further provide that, if the improvements are not installed within the time limitations set by the City Engineer, or not installed to the satisfaction of the City Engineer, then the City may withdraw from the savings account or trust the amount necessary to complete the improvement. The City Engineer shall determine the period of the assignment of the savings account or the trust. After completion of all required improvements the City Engineer and any government agency involved shall submit a written notice to the Planning Department stating that the developer has completed the required improvements in accordance with Section 16.08.070 PAMC and with required installation standards. C. FINAL APPROVAL. The Final plat shall conform to the Preliminary plat as approved by the City Council. If desired by the developer, the Final plat may constitute only that portion of the approved Preliminary plat which he proposes to record and develop at the time. The Final plat shall be submitted to the Planning Department within five (5) years after City Council approval of the Preliminary plat. Said preliminary approval shall become void -18- unless a Final plat is submitted. The developer shall submit a mylar tracing and six (6) prints (or more if required) of the Final plat and other required exhibits, including a filing fee, to the City Planning Department at least fourteen (14) days prior to the meeting in which the Final plat is to be considered by the Planning Commission. The amount of the fee shall be set by Resolution of the City Council and may be amended or changed by Resolution from time to time, or as necessary. The Planning Commission shall review the Final plat to determine if the plat conforms with the Preliminary plat, the provisions of the Comprehensive Plan, the Zoning Code and other land use regulations, the Urban Services Ordinance, and these Subdivision Regulations and shall make its recommendation to the City Council. If the Planning Commission approves the Final plat, the Chairperson shall sign the Final tracing. Following approval of the Final plat by the Planning Commission, the City Planning Department shall obtain the signatures of the County Health Officer (when required by the Commission), City Engineer, City Clerk, City Manager, Fire Chief, City Light Director, Planning Director, and City Attorney on the Final tracing and shall submit the tracing of the Final plat to the City Council for approval and signature by the Mayor. At least ten (10) days prior to the public hearing of the City Council in ~hich the Final plat is to be considered, the developer shall post a notice regarding said hearing in a conspicuous location on the site. Within thirty (30) days the City Council shall act upon the Final plat. The thirty (30) day limit may be extended from the date of the Final plat being filed with the Planning Department with the consent of the applicant. The developer shall have his Final plat recorded within thirty (30) days from the date his Final plat is approved by the City Council. After obtaining signatures of City officials and prior to thirty (30) days after recording, the developer shall obtain and give to the City Engineer a mylar or equivalent duplicate of the Final plat. D. APPROVAL AND REVIEW OF PRELIMINARY AND FINAL PLATS. When a proposed plat or subdivision is situated adjacent to the right-of-way of state highways, said plat or subdivision shall be submitted to the Director of Highways. Approval by the Commission shall be withheld until said Director or his assistant has made a report to the Commission. When a proposed plat, subdivision or dedication is adjacent to unincorporated territory notice of such proposed plat shall be given to the Clallam County Planning Commission. Any decision by the City Council approving or refusing to approve a plat or subdivision shall be reviewable for arbitrary, capricious or corrupt action or non-action, by writ of review before the Superior Court of Clallam County, by any property owner of the county having jurisdiction thereof who deems himself aggrieved thereby. Provided, that due application for such writ of review shall be made to such court within thirty (30) days from the date of any decision so to be reviewed. (Ord. 2880 §2 (part) 8/25/95; Ord. 2789 §12 1/1/94; Ord. 2743 §1, 1/29/93; Ord. 2719 §2, 11/13/92; Ord. 2143 §2, 5/31/81; Ord. 2034 §1, 7/16/79; Ord. 1631 §4, 11/14/67.) -19- 52 Section 5. Ordinance 1709, as amended, and Title 17 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.08.095, 17.20.160, 17.21.040, 17.22.040, 17.23.040, 17.24.040, 17.32.040, 17.40.040, 17.94.160, 17.96.070 and 17.96.120 and adding PAMC 17.94.165 to read as follows: 17.08.095 -"S" A. Service Station - an establishment which provides for the servicing of motor vehicles and operations incidental thereto, limited to the retail sale of petroleum products and automobile accessories; automobile washing (not including auto laundry); waxing and polishing of automobiles; tire changing and repair (not including recapping); battery service, charging, and replacement (not including repair and rebuilding); radiator cleaning and flushing (not including steam cleaning and repair); installation of accessories; and the following operations if conducted wholly within a building: lubrication of motor vehicles, brake servicing, wheel balancing, tire testing, and replacement of carburetors, coils, condensers, fan belts, wiring, water hoses, and similar parts. (Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70) B. Setback - the required minimum distance between any lot line and any structure or building. (Ord. 2666 §1 (part), 1/17/92) C.~. Sign - Any letters, figures, design symbol, trademar~ or device intended to attract attention to any activity, service, place, subject, person, firm, corporation, public performance, article, machine, or merchandise, and including display surfaces and supporting structures thereof. CD. Sign, Advertising - a sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered elsewhere than upon the premises on which such sign is located or to which it is affixed. (Ord. 2666 §1 (part), 1/17/92; Ord. 1709 § 1 (part), 12/22/70) BE. Sign, Area - the area of a sign shall be the sum of each display surface including both sides of a double-faced sign, as determined by circumscribing the exterior limits on the mass of each display erected on one sign structure with a circle, triangle, or quadrangle connecting all extreme points. Where a sign is composed of two or more individual letters mounted directly on a wall, the total display surface, including its background, shall be considered one sign for purposes of calculating sign area. The structure supporting a sign is not included in determining the area of the sign, unless the structure is designed in a way to form an integral part of the display. (Ord. 2948 {}5 (part), 2/14/97) ~F Sign, Attached - a sign or billboard, lighted or unlighted, directly attached to, supported by, and no more than 2 feet distance from, a building. (Ord. 2948 §5 (part), 2/14/97; Ord. 2666 {}1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) ~,~.~'~' Sign, Billboard - an outdoor advertising display, structure or sign, over 250 square feet in area, attached or detached, lighted or unlighted. (Ord. 2948 {}5 (part), 2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) GH. Sign, Business - a sign which directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold or offered, upon the premises on which such sign is located or to which it is affixed. (Ord. 2948 §5 (part), 2/14/97; Ord. 2666 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) t-}I_. Sign, Detached - a sign or billboard, lighted or unlighted, which is separated from and not a part of a building. A sign or billboard on the top of and more than two feet in distance - 20 - 53 from a building shall be considered a detached sign. (Ord. 2948 65 (part), 2/14/97; Ord. 2666 61 (part), 1/17/92; Ord. 1709 61 (part), 12/22/70) Sign, Flashing - a sign which is illuminated by artificial light which is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this Zoning Code, a revolving illuminated sign shall also be considered a flashing sign. (Ord. 2948 65 (part), 2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) ~-_. Sign, Official Traffic, Directional, or Warning - a sign that is erected by a public authority to protect the health, safety and welfare of the public. (Ord. 2948 65 (part), 2/14/97; Ord. 2666 61 (part), 1/17/92; Ord. 1709 61 (part), 12/22/70) t41,_. Sign, Temporary - a sign constructed of cloth, canvas, cardboard, wallboard, or other lightweight material, intended to be displayed for a limited period of time, not to exceed thirty (30) days within a single calendar year, typically advertising a one-time event, unless otherwise specified. (Ord. 2948 65 (part), 2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 61 (part), 12/22/70) ]=M. Single Family Residence - one detached dwelling on an individual lot for occupancy by one family. (Ord. 2948 §5 (part), 2/14/97; Ord. 2796 65, 2/11/94) Mi~I_. Stable, Private - a detached accessory building in which only the horses and cows owned by the occupants of the premises are kept, and in which no horses and cows are kept for hire, remuneration, or sale. (Ord. 2948 65 (part), 2/14/97; Ord. 2796 65, 2/11/94; Ord. 2652 61 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70) t~O. Stand - a structure for the display and sale of products, with no space for customers within the structure itself. (Ord. 2948 §5 (part), 2/14/97; Ord. 2796 §5, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70) OP. Story - the space between the floor and the ceiling above said floor. A basement shall be considered a story when more than half of the basement height is above the finished lot grade. (Ord. 2948 §5 (part), 2/14/97; Ord. 2796 65, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 61 (part), 12/22/70) taQ. Street - a public right-of-way which affords a primary means of access to abutting property. (Ord. 2948 §5 (part), 2/14/97; Ord. 2796 65, 2/11/94; Ord. 2652 61 (part), 9/27/91; Ord. 1709 61 (part), 12/22/70) t~_R. Street Right-of-Way Line - the boundary line between a street and abutting property. (Ord. 2948 §5 (part), 2/14/97; Ord. 2796 §5, 2/11/94; Ord. 2652 61 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70) tkS. Structure - anything constructed in the ground, or anything erected which requires location on the ground or water, or is attached to something having location on or in the ground or water, but not including fences or walls used as fences six feet or less in height. (Ord. 2948 §5 (part), 2/14/97; Ord. 2796 §5, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 61 (part), 12/22/70) ST. Structural Alteration - any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, or girders. (Ord. 2948 §5 (part), 2/14/97; Ord. 2796 §5, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 61 (part), 12/22/70) :FU. Subordinate - less important than and secondary to a primary object, usually in these Zoning Regulations referring to an accessory use. (Ord. 2948 65 (part), 2/14/97; Ord. 2921 §2, 6/28/96; Ord. 2861 §1 (part), 3/17/95) ~V. Supermarket - a grocery store on a site larger than one acre and with multiple -21 - 54 retail departments such as drugs, photo, video, deli, flowers, seafood, bakery, etc. (Ord. 2948 §5 (part), 2/14/97; Ord. 2861 §1 (part), 3/17/95) 17.20.160 Conditional Uses. A. Art galleries and museums. B. Assisted living facilities. C. Beauty shops and barber shops. D. Business colleges; music, art, and dance schools. E. Off-street parking lots not associated with a permitted use on the same site. F. Businesses selling medical supplies, goods, instruments, medicine and similar items· G Churches. H. Detoxification centers· I. Group homes and hospices. J. Libraries. K. Nursing and convalescent homes. L. Public parks and recreation facilities. M. Residential care facilities· N. Residential uses, other than detached single family residences, that are permitted in the RHD ~zone ~' ,t.^ O~T~ ,~_~: .... , ......... and comply with the RHD area and dimensional requirements.. O. Utility buildings and structures. P. Other uses compatible with the intent of this Chapter. (Ord. 2948 §5 (part), 2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2702 §1, 8/14/92; Ord. 2652 §8, 9/27/91; Ord. 2635 §5, 5/15/91; Ord. 2278 §1, 12/26/83; Ord. 2109 §5, 12/7/80) 17.21.040 Permitted Uses. A. Art galleries and museums. B. Assisted living facilities. C. Bakery shops. D. Banks, financial institutions, insurance and real estate services offices. E. Barber shops, beauty shops. F. Business and professional offices. G. Child day-care centers and pre-schools. H. Delicatessens, grocery stores· I. Drug stores, pharmacies. J. Group homes and hospices. K. Libraries. L. Medical/dental offices and clinics and laboratories. M. Nursing and convalescent homes. N. Public parks and recreation facilities· O. Repair services, such as appliance repair, shoe repair, and TV and stereo repair services. P.Residential care facilities. Residential uses that are permitted in the RHD zone at allowanccaand comply with the RHD area and dimensional requirements. R. Restaurants, cafeterias· S. Self-service laundries. - 22 - 55 T. Specialty shops: gift, florist, hobby, antique, candy, ice cream, video rental. (Ord. 2948 {}5 (part), 2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2797 §3, 2/11/94) 17.22.040 Permitted Uses. A. Art galleries and museums. B. Bakery shops. C. Banks, financial institutions, insurance and real estate services offices. D. Barber shops, beauty shops. E. Business colleges; music, art, and dance schools. F. Business and professional offices. G. Child day-care centers and pre-schools. H. Churches. I. Delicatessens, grocery stores, supermarkets. J. Drug stores, pharmacies. K. Hardware stores. L. Libraries. M. Medical/dental offices and clinics and laboratories. N. Public parks and recreation facilities. O. Repair services, such as appliance repair, shoe repair, and TV and stereo repair services. P. Residential uses that are permitted in the "~",~, RI-ID zone at thc ~,~'~'~ ...... ~y allc~wancc$, and comply with the RHD area and dimensional requirements. Q. Restaurants, cafeterias. R. Self-service laundries. S. Service Stations. T. Specialty shops: gift, florist, hobby, antique, candy, ice cream, video rental. U. Taverns and cocktail lounges. (Ord. 2861 §1 (part), 3/17/95; Ord. 2797 §4, 2/11/94) 17.23.040 Permitted Uses: A. Retail: 1. Auto supply stores, service stations, self-service gas islands, and tire shops. 2. New and used dealerships of automobiles, trucks, trailers, motorcycles, recreational vehicles, tractors, boats, including related sales, leasing, and servicing. 3. Building material stores, cabinet shops, glass stores, hardware stores, lumber yards, paint stores, and plumbing supply stores. 4. Businesses selling medical supplies, goods, instruments, medicine, and similar items. 5. Chain saw sales and service stores. 6. Commercial recreation establishments, such as bowling alleys, theaters (movie and others), skating rinks, driving ranges, putt-putt golf courses, and video arcades. 7. Farm equipment stores, garden supply stores, nurseries. 8. Food and beverage establishments, such as cocktail lounges, cafes, cafeterias, drive-in restaurants, restaurants, take-out lunch stands, and taverns; provided that drive-in restaurants, restaurants with cocktail lounges, and taverns, all of which have direct customer access to an alley abutting residentially zoned property, shall be conditional uses. 9. Food item retail sales outlets, such as bakery shops, candy and ice cream stores, delicatessens, fruit and vegetable stands, grocery stores, liquor stores, meat and fish - 23 - 56 markets, and supermarkets. 10. General merchandise stores, such as catalogue sales stores, clothing and shoe stores, department stores, drug stores, second-hand stores, antique stores, pawn shops, sporting goods stores, and variety stores. 11. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores, and stereo stores. 12. Motels, hotels and hostels. 13. Specialty shops, such as bicycle, book, computer, florist, gift, hobby, toy, pet stores, video rental. 14. Shopping centers, not exceeding 100,000 square feet in building floor area. B. Services: 1. Art, dance, voice, and music schools. 2. Art galleries and museums. 3. Business colleges and trade schools. 4. Business and professional offices. 5. Business services offices, such as accounting, tax, employment, and management consulting services. 6. Child day-care centers and pre-schools. 7. Churches. 8. Detoxification centers. 9. Equipment rental stores. 10. Financial services offices, such as bail bond stores, banks, financial institutions, insurance companies, real estate services, stock brokerages, and title companies. 11. Furnishings repair shops, such as upholstering and reupholstering shops. 12. Governmental and social service agency offices. 13. Laundries, commercial, dry cleaning shops, laundries, self-service and tailor shops. 14. Libraries. 15. Medical/dental offices and clinics and laboratories. 16. Personal services facilities, such as barber shops, beauty shops, exercise and reducing studios, and travel agencies. 17. Printing, blueprinting, photo developing and reproduction, and sign shops. 18. Public parks and recreation facilities. 19. Repair services shops, such as appliance repair, shoe repair, and TV and stereo repair services. C. Institutional: 1. Clubs and lodges. D. Residential: 1. Residential uses that are permitted in the CN RI-ID zone ~ ,~,~.~,.~x ........... and comply with the RHD area and dimensional requirements.. E. Transportation and Communication: 1. Convention centers, auditoriums. 2. Ferry, seaplane, airplane, and helicopter facilities. 3. Mass transit terminals. 4. Parcel delivery service terminals. 5. Radio stations, TV stations, and newspaper buildings. 6. Vehicular services buildings, such as ambulance service, automotive and truck rentals, and vehicle maintenance and repair shops, not including auto body and paint shops - 24 - and auto engine repair shops. F. Wholesale: 1. Storage services buildings, such as frozen food and cold storage lockers, mini-warehouses, transfer, moving and storage facilities. 2. Warehouse buildings and yards. 3. Wholesale stores. G. Mixed Commercial/Residential Developments. (Ord. 2861 §1 (part), 3/17/97; Ord. 2742 §1, 1/29/93; Ord. 2652 §12, 9/27/91; Ord. 2636 §6 (part), 5/15/91; Ord. 2591 §1, 5/25/90; Ord. 2293 §1 (part), 4/4/84.) 17.24.041 Permitted Uses. A. Retail: 1. Auto supply stores. 2. Building material stores, hardware stores, paint stores, and plumbing supply stores. 3. Commercial recreation establishments, such as bowling alleys, theaters (movie and others), skating rinks, putt-putt golf courses, and video arcades. 4. Food and beverage establishments, such as cocktail lounges, cafes, cafeterias, restaurants, sidewalk cafes (subject to the permit requirements of the Street Use Ordinance No. 2229 as amended), take-out lunch stands, and taverns. 5. Food item retail sales outlets, such as bakery, candy and ice cream stores, delicatessens, fruit and vegetable stands, grocery stores, liquor stores, meat and fish markets, and supermarkets. 6. General merchandise stores, such as catalogue sales stores, clothing and shoe stores, department stores, drug stores, second-hand stores, antique stores, pawn shops, shopping centers (100,000 square feet or less in building floor area), sporting goods stores, and variety stores. 7. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores, and stereo stores. 8. Motels, hotels, and hostels. 9. Specialized shops, such as bicycle, book, computer, florist, gift, hobby and toy, pet stores, video rental. B. Services: 1. Art, dance, voice, and music schools and studios. 2. Art galleries and museums. 3. Business colleges and trade schools. 4. Business and professional offices. 5. Business services offices, such as accounting, tax, employment, management consulting, and printing services. 6. Child day-care centers and pre-schools. 7. Churches. 8. Financial services offices, such as bail bond stores, banks, financial institutions, insurance companies, real estate services, stock brokerages, and title companies. 9. Furnishing repair shops, such as upholstering and reupholstering shops. 10. Governmental and social service agency offices. 11. Self-service laundries and tailor shops. 12. Libraries. 13. Medical/dental offices and clinics and laboratories. -25 - 14. Personal services facilities, such as barber shops, beauty shops, exercise and reducing studios, and travel agencies. 15. Public parks and recreation facilities. 16. Repair services shops, such as appliance repair, shoe repair, and TV and stereo repair services. C. Institutional: 1. Clubs and Lodges. 2. Research Vessels. D. Residential: 1. Residential uses that are permitted in the CN RHD zone at the RHD density allowances area and dimensional requirements. E. Transportation and Communication: 1. Convention centers, auditoriums. 2. Ferry, seaplane, and helicopter facilities. 3. Mass transit terminals and multimodal centers. 4. Off-Street business parking structures and lots. 5. Radio stations, TV stations, and newspaper buildings. Vehicular rental services facilities, including light trucks, automobiles, motorcycles, mopeds, and bicycles. 7. Vessel moorage, including marinas and docks for pleasure boats, Coast Guard vessels, and submarines. F. Mixed Commercial/Residential Developments. (Ord. 2861 §1 (part), 3/17/95; Ord. 2742 §1, 1/29/93; Ord. 2652 §14, 9/27/91; Ord. 2591; §3, 5/25/90; Ord. 2533 §1, 5/24/89; Ord. 2303 §1 (part), 7/4/84) 17.32.040 Conditional Uses. A. Manufacturing buildings for: 1. Processing of food products, such as meat, fruit, vegetables, seafood, beverages, vegetable oils, and dairy products. 2. Pharmaceutical and drug products. 3. Plastic and other synthetic products. 4. Specialized small mechanical parts, tools, die-casting, bearings, patterns, and other similar products, welding shops, and machine shops. B. Other: 1. Agricultural uses, defined as commercial farming and animal husbandry. 2. Fire stations. 3. Off-premises outdoor advertising signs. 4. Public juvenile detention facilities, where: a. The average daily noise levels (ldn) do not exceed 45 decibels for interior sleeping quarters, or such other standard as is generally accepted; and b. The existing and potential industrial uses will not adversely impact the detention center. 5. Public parks and recreation facilities, where: a. The average daily noise levels (ldn) do not exceed 45 decibels for interior portions of buildings; b_. There are no existing industrial uses in the vicinity which would adversely impact the use; and In the event a change in circumstances is found by - 26 - 59 the Planning Commission which would result in potential adverse impacts on or land use conflicts to an approved use, the conditional use permit shall become void and the use shall cease. 5fi. Radio towers exceeding thirty-five (35) feet. 67. Social service agencies providing 24-hour residential care, where a. The average daily noise levels (ldn) do not exceed 60 decibels for exterior portions of the site and 45 decibels for interiors of living quarters; b. There are no existing industrial uses in the vicinity which would adversely impact the residential use; and c. In the event a change in circumstances is found by the Planning Commission which would result in potential adverse impacts on or land use conflicts to an approved residential use or :,f any,,~,~'~-a ....... ~o,~ ,~,~,~,,,;,o~: ..... ,,o,~:~-, the t~conditional_ ~use_ tal~ermit shall become voidr and the residential use shall cease. 7. Veterinary clinics, offices, and kennels. 8. Other uses compatible with the purpose of this Chapter. (Ord. 2861 §1 (,part), 3/17/95; Ord. 2821 §1, 7/15/94; Ord. 2756 §2, 4/16/93; Ord. 2752 §4, 3/26/93; Ord. 2671 §1, 1/31/92; Ord. 2648 §1, 8/30/91; Ord. 2551 §1, 10/25/89; Ord. 2329 §1 (part), 3/11/85) 17.40.040 Permitted Uses. A. Bleachers, grandstands (subject to review by Planning Commission). B. Bridle trails. C. Cemeteries and crematoriums. D. Civic buildings & governmental offices. E. Common open space. F~ Convention centers (publicly owned) and associated activities. t~G. Fire stations. t~H. Hospitals. t-ti. Landfills, sanitary. ~J. Libraries. ~_. Marinas, boat storage, maritime and harbor activities. t~L. Municipal pool. /:M. Museums. MI~_. Off-street parking structures and lots. NO. Parks, greenbelts. OP. Picnic areas and facilities. t~. Playfields. q~R. Playgrounds. tkS. Recreation structures and facilities. ST. Reservoirs. :FU. Schools and school related facilities. t:VX;_. Single family residences which meet the requirements of the RS-7 District. VW~. Streets, sidewalks, trails, and roads. ¥¢X. Utility buildings and structures. (Ord. 2861 §1 (part), 3/17/95; Ord. 2796 §13, 2/11/94; Ord. 2702 §2, 8/14/92; Ord. 2668 §7 (part), 1/17/92; Ord. 2636 §12 (part), 5/15/91; Ord. 2382 §1, 3/15/86; Ord. 1709 §1 (part), 12/22/70) 17 94.160 - 27 6O zc_,nca. (Ord. 2668 §10 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) The following signs are hereby exempt from signage requirements in all zones: A.~. Official signs - Official traffic signs, directional signs, and warning signs erected by public authorities. B.~. Informational signs - Signs that give direction, service information or warnings such as "Enter", "Exit", "Customer Parking", "Drive thru", "Restrooms", "Telephones", "No Parking", etc. if: 1. The single side, maximum area of the sign does not exceed six (6) square feet; and 2. The sien does not contain advertising. C~ Real estate signs - Real estate signs that advertise real estate for sale, lease, or rent if: 1. The sign is located on the property for sale, lease, or rent; 2. The single side, maximum area of the sign is no greater than six (6) square feet; and 3. The sign is removed within seven days from the date of closing. 17.94.165 Prohibited Signs. Signs which rotate or are not securely attached to a building or the ground (including but not limited to A-frame signs, pole attachments, trailer signs and other mobile signs) and all other signs not specifically addressed herein and contrary to the provisions of this Chapter shall be prohibited. 17.96.070 u^~_: .... .s ^ ....' -*' Conditional or Unclassified Use Permit Applications Procedures. A. Notice and Hearing for Conditional or Unclassified Use Permits. Upon filing an application for a Gconditional or4dunclassified Idusc Pgermit in which the application sets forth fully the grounds for, and the facts deemed to justify, the granting of t?~c a t~conditional or ~unclassified Cuse ~germit, the Planning Commission shall give public notice, as provided in § 17.96.140, of the intention to consider at a public hearing the granting of the t~conditional or tdunclassified tduse tal!ermit; provided, however, that t~conditional ~use--Pgermits for bed and breakfasts, home occupations, and retail stands shall be considered by the Planning Director in accordance with Chapters 17.18, 17.17, and 17.26. The Planning Commission's or Planning Director's decision shall be final unless appealed to the City Council. B. Decisions. Conditional or Unclassified Use Permit decisions by the Planning Commission, Planning Director, and City Council shall be set forth in writing and shall be accompanied by written findings and conclusions. Decisions shall be deemed effective upon adoption of the written decision, findings and conclusions. The 14-day appeal period shall commence upon such adoption. On the next business day following the effective date of the decision, the Planning Department shall mail copies of the decision, findings and conclusions to the applicant and anyone else who has in writing requested such notification. C. Appeals. 1. Any person aggrieved by the decision of the Planning Commission or Planning Director may appeal the decision to the City Council. 2. Appeals shall be submitted to the Planning Department in writing - 28 - within fourteen (14) days following the date of the decision. 3. The City Council shall conduct a closed record hearing on the appeal of the Planning e_Commission's decision and an open record public hearing on the appeal of the Planning Director's decision with notice being given as set forth in §17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with §17.96.150. D. Requests for Exceptions. All applications for exceptions from these Zoning Regulations shall contain all basic information, along with other pertinent facts, maps, and data required by the Planning Commission. E. Permits Void After One Year. All Gconditional or-~unclassified-Jc~use tallermits shall become void one year from the date of granting such permits if use of the land or buildings or applying for necessary building permits(s) has not taken place in accordance with the provisions in granting said requests. F. Extensions of Approved Conditional Use Permits. Extensions of v ......o,~ approved t3uonditional sc ermits .u~. t. ........ :~.~ .: ..... :~.,~ ............... shall be considered in accordance with the same procedures and by the same entity as for the original permit application, and may be granted for a period of one to five years, provided that the following minimum criteria are met: 1. The use complies with the permit conditions. 2. There have been no significant, adverse changes in circumstances. G.~. Minor Amendment of Approved Conditional Use Permits. Upon written request submitted to the Planning Department, the Planning Director may approve a minor amendment to an approved conditional use permit if: a. The amendment does not increase the intensity of the use by more than 10% of the original approval; The amendment will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located; and c. The site has been posted and adjacent property owners notified fifteen (15) days prior to the decision. Any applications that are not granted a minor amendment by the Planning Director pursuant to this section must obtain an amendment through the City's normal conditional use permit procedure. Upon written request for an extension submitted to the Planning Department prior to the expiration of the conditional use permit, said conditional use permit shall be automatically extended for ninety days to allow the City adequate time to review the extension request. (Ord. 2935 §1, 11/15/96; Ord. 2911 §2, 3/29/96; Ord. 2861 §1 (part), 3/17/95; Ord. 2796 §16, 2/11/94; Ord. 2668 §12 (part), 1/17/92; Ord. 2636 §18 (part) 5/15/91; Ord. 2595 §1, 6/27/90; Ord. 2503 §1, 7/27/88; Ord. 2334 §3, 4/10/85; Ord. 1798 §2, 8/15/73; Ord. 1709 §1 (part), 12/22/70) 17.96.120 Enforcement. ................. j c~f tThe Planning Director shall have the authority to enforce all provisions of this Ordinance. No oversight or dereliction on the part of the Planning - 29 - Director or any official or employee of the City of Port Angeles vested with the duty or authority to issue permits or licenses shall legalize, authorize, waive or excuse the violation of any of the provisions of this Title. B. No permit or license for any use, building, or purpose shall be issued by any official or employee of the City of Port Angeles if the same would be in conflict with the provisions of this Title or any other Ordinance now in force referring to this Title. Any permit or license so issued shall be null and void. C. In the event any person, firm, or corporation should use, erect, construct, move, or alter, or attempt to use, erect, construct, move, or alter any property, building, or structure in violation of the provisions of this Title, the same is hereby declared a public nuisance ................ j of the City Attorney shall have the authority to bring and to prosecute an action in any court of competent jurisdiction to enjoin such person, firm, or corporation from continuing such use, erection, construction, moving, or altering. If such use, erection, construction, moving, or alteration is being or has been accomplished, the City Attorney shall enjoin such person, firm, or corporation from maintaining same. (Ord. 2668 §12 (part), 1/17/92; Ord. 2636 {}14, 5/15/91; Ord. 1709 §1 (part), 12/22/70) Section 6 - Severability. If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 7 - Effective Date. This Ordinance shall take effect five days after the date of publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the __ day of ., 1999. Gary Braun, Mayor ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney PUBLISHED: By Summary G:\GROUP~ATrYCLRK\ORD.HSK -30- Planning Commission Miutes -November 18, 1998 Page 8 MUNICIPAL CODE AMENDMENT - MCA 98-07 - VARIOUS AMENDMENTS TO THE PAMC: A proposal to amend the City's Municipal Code, portions of Section 11( Streets and Sidewalks), 14 (Buildings and Construction), 15 (Environment), 16 (Subdivision), and 17 (Zoning). The amendments are minor in nature and are intended to clarify existing development standards. Planner Sawyer explained that staff takes note of errors and inconsistencies found and interpretations of City regulations made throughout the year that are then brought to the Council through the Planning Commission as an administrative amendments. A number of proposed amendments are included in the proposed draft ordinance that cover the streets and sidewalks, buildings and construction, environment, subdivision, and zoning chapters of the Port Angeles Municipal Code. He noted a letter received from Neale Frothingham of the Hearthstone Group who stated concerns about the City's restriction on signs within rights-of- way. The letter discusses some of the issues addressed by staff in the staff's report. Mr. Sawyer stated that with the exception of obvious errors, the proposed amendments are minor and allow flexibility in some cases that does not currently exist. The proposed amendment to the sign information provided in Chapter 17 (Zoning) is simply to provide guidelines for exempt, official, temporary, and prohibited signs that does not currently exist and does not allow for placement of signs that did not currently exist. He then detailed the various proposed amendments. Planning Director Collins stated that although specific sign information is provided in the Downtown Sign Code, that information is not available in the zoning ordinance. There is a need to specifically define what a sign is and what uses are prohibited. Staff is asked for specifics on this information on a regular basis. Following a case by case review of the proposed amendments, Vice Chair Craver opened the public hearing. Neale Frothingham, 102 ~ East First Street #2, questioned the restriction that signs may not be placed in rights-of-way. He submitted photographs of several structures in the City which currently have signs in right-of-way. The City's housing goals cannot be served by this restriction. There are no public safety issues involved in such placement but as the public predomonantly uses signs in shopping for real estate, that placement would serve a great public benefit. There is an urgent need to allow real estate signs to be placed in rights-of-way and on properties which may already contain signage for another use to advertise the availability of developments not readily visible from main traffic areas. Staff's proposed amendments to clarify signage that is exempt and prohibited does not address this need. He asked that small "open house" signs be allowed in fights-of-way. A windshield survey conducted prior to the meeting indicated that by and large real estate signs found within twelve blocks of City Hall are within the rights-of-way. Current sign regulations are in opposition to fair housing laws as the public relys on signs more than any other source. Real estate sign standards should be universal, allow for reasonable signage without clutter, off- premise signs for housing developments, and permitted in rights-of-way. Port Angeles should Planning Commission Miutes -November 18, 1998 Page 9 update its real estate sign standards. Larger signs than six square feet would not be permitted under the current staff proposal, nor allow off-site signs for housing developments. The Commission thanked Mr. Frothinghan for his information and presentation. He responded to Commissioner Nutter that other municipalities, such as the City of Kent, allows for off-site real estate signage for up to one year. The Hearthstone Group has two housing develoments that are severely restricted by location off the main travelled route. The developments were constructed with tax credits and if not filled, those credits will be at risk. Planner Collins noted that the City does not prohibit on-premise larger real estate signs for individual properties. The only current restriction on real estate signage is that individual signs on residential properties must be placed on the subject property and may not be larger than six square feet. Signs may not be placed in rights-of-way. Off-site advertising signs are permitted in the City, as are over sized real estate signs (greater than six square feet) in commercial zones by special permit. Mr. Frothingham's main concern is why the City insists on a prohibition of use of the City's rights-of-way for signage. Rights-of-way are primarily used for access purposes. When these areas are impeded, the City is liable for that occurrence. The City has therefore determined that fights-of-way shall remain unused with few exceptions such as utility poles and brief Right-Of-Way Use Permit activities. In most instances where real estate signs are found in tights-of-way, it is done out of ignorance on the part of the property owner. When complaints are made those signs are relocated. To permit signs in rights-of-way would complicate liability and enforcement issues. Mr. Frothingham stressed that the Hearthstone Group's developments are in urgent need of advertising in high traffic areas. There being no further comment, Vice Chair Craver dosed the public heating. Commissioner Craver suggested that the Commission consider the permissibility of open house signs in the tight-of-way for specific periods of time. As this would be more of a broad amendment than is intended with the other minor amendments, the item should be discussed at a future date. The Commissioners continued to offer suggested changes to the proposed amendments with regard to specific wording. Commissioner Nutter moved to direct staff to make the changes as noted during discussion for consideration at the December 9, 1998, meeting. The motion was seconded by Commissioner Souders and passed 5 - 0. 65 Planning CommissionMinutes - December 9, 1998 MUNICIPAL CODE AMENDMENT - MCA 98-07 VARIOUS AMENDMENTS TO THE PAMC: A proposal to amend the City's Municipal Code, portions of Section 11( Streets and Sidewalks), 14 (Buildings and Construction), 15 (Environment), 16 (Subdivision), and 17 (Zoning). The amendments are minor in nature and are intended to clarify existing development standards. (Continued from November 18, 1998.) Planning Director Collins summarized changes the Commission directed staffto make to the original draft amendment ordinance following the November 18 public hearing which included further editing by staff for clarification. Following brief discussion, Commissioner Hewins moved to recommend that the City Council amend the Port Angeles Municipal Code as proposed by MCA 98-07 citing the following findings and conclusions: Findings: 1. The City's Comprehensive Plan Land Use Policy A 2 states: "All 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 9, 1998. 3. The proposed amendments are based on Planning Department, Planning Commission and City Council interpretations that have occurred over the past year. 4. As a result of these interpretations, actions and/or decisions have been made. Conclusions: A. The proposed amendments are minor in nature and benefit general public as opposed to a single property owner. B. The proposed Zoning Code Amendment is consistent with Comprehensive Plan Land Use Policy C 1. C. The proposed Municipal Code amendments are in the public use and interest. D. The proposed minor conditional use permit amendment is intended to make the Zoning Ordinance more user friendly and at the same time retain the integrity of specific Planning Commission decisions. The motion was seconded by Commissioner Souders and passed 4 - 0. 66 67 POR' Vff A $ I-I I N G T tD I'q, 1J. S. A. CITY COUNCIL ~/ll:MO DATE: January 5, 1999 To: MAYOR BRAUN AND CITY COUNCIL FROM: Patrick Ibarra, City Manager SUBJECT: City Manager's Report UPCOMING MEETINGS JANUARY: Board of Adjustment Monday, January 4 7:00 p.m. City Council Tuesday, January 5 5:30 p.m. WRIA 18 Coordinating Council Meeting Thursday, January 7 10:00 a.m. Sr Center Board of Advisors Monday, January 11 2:00 p.m. Utility Advisory Committee Monday, January 11 3:00 p.m. Salmon Recovery (HB2496) Technical Advisory Committee Tuesday, January 12 1:00 p.m. Law Enforcement Advisory Board Tuesday, January 12 6:30 p.m. Public Information Meeting Wednesday, January 13 4:00 p.m. Planning Commission Meeting Wednesday, January 13 7:00 p.m. City Council Meeting Tuesday, January 19 5:30 p.m. Gateway Center Meeting Wednesday, January 20 1:00 p.m. P U D meeting Wednesday, January 20 10:30 a.m. Civil Service Commission Thursday, January 21 10:00 a.m. Parks & Rec Beautification Thursday, January 21 7:00 p.m. Planning Commission meeting Wednesday, January 27 7:00 p.m. FEBRUARY: Board of Adjustment Monday, February 1 7:00 p.m. City Council meeting Tuesday, February 2 5:30 p.m. Gateway Center Project Committee meeting Thursday, February 4 8:15 a.m. EDC Annual Meeting Thursday, February 4 6:00 p.m. Sr Center Board of Advisors Monday, February 8 2:00 p.m. Utility Advisory Committee Monday, February 8 3:00 p.m. Law Enforcement Advisory Bd Tuesday, February 9 6:30 p.m. Three Mayors meeting Wednesday, February 10 6:00 p.m. Planning Commission meeting Wednesday, February 10 7:00 p.m. President's Day Monday, February 15 Offices closed City Council meeting Tuesday, February 16 7:00 p.m. Peninsula RTPO meeting Friday, February 19 1:30 p.m. COUNCIL COMMITTEES I understand that the various Committees of Council are typically re-organized each January. Mayor Braun and I have discussed this practice and he will be contacting each of you regarding your preference for continuing your current assignments. A copy of the current committees follows this report. Re-appointments or any changes will most likely occur at the January 19 Council meeting. NATIONAL LEAGUE OF CITIES (NLC) CONFERENCE In the past the City has sent a delegation to the Annual Congressional Conference in Washington, D.C. sponsored by the NLC. The next one is scheduled for March 5-9, 1999. This is an excellent 69 opportunity to attend workshops on a variety of topics such as Public Safety & Crime Prevention; Community and Economic Development; and Information, Technology and Communications. In addition, enhancing relationships with our Congressional delegation is also exercised. If Council desires, we should establish who should attend the Conference. In order to secure hotel rooms and such, I would recommend this be accomplished at the January 5 meeting. MEETING WITH SENATOR GORTON Unfortunately due to the weather conditions on Monday, December 21 we were unable to travel to Belleview to meet with Senator Gorton. However, we did hold a conference call to discuss some issues. Present were Orville, Glenn, Craig Knutson, Jack Pittis, Tom Porrs (attorney who specializes in Water Law), and myself. It was an extremely worthwhile discussion regarding the Elwha Dam removal and the potential ESA listing of salmon. Brad Collins, Planning Director, coordinated the Angel Tree Program during the recent holiday season. This effort is sponsored by the Salvation Army and is intended to collect clothes and toys for needy children. Nearly 100 tags were removed by City employees. This is another excellent example of community involvement demonstrated by City employees. SNOW & ICE CONTROL On Monday, December 21, crews were called out at 4 a.m. to respond to snow and ice conditions. It appears approximately 4 inches of snow were received in Port Angeles. Jack and I had been discussing over the last few months the City's practice of responding to such conditions. We were in the midst of making some significant changes when this snow arrived. While snow frequency in Port Angeles is not often, I believe we should provide a better and more comprehensive service. On December 21, Jack and I visited the Corp Yard and inspected the vehicles which are outfitted with snow plows and sanding equipment and discussed the service with a few of the employees who drive the trucks. After much discussion and in an effort to clear streets of snow and ice sooner, crews will begin using snow plows when snow first arrives. In the past, this was not always the practice. In addition to the sand, we will also be experimenting with some liquid de-icer, which, if applied when snow and ice first arrive works to maintain the streets clear of ice. We will also be trying to purchase some plows for existing trucks. Finally, as I indicated during the 1999 budget presentation on those trucks purchased in 1999, I prefer they are at least one-ton trucks so as to be available for snow plow and ice control. Anything smaller cannot necessarily be as effective. In summary, I believe these sorts of changes do not require a significant investment of public funds, but do translate to a more timely and more effective service to keep the streets clear for all motorists. 7O ::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::: X X X X < i:!:i:i:!:i:!:i:i:i:i:i:~:~:i:i:i:i:i:i:!: :i:i:i:i:i:i:i:i:i ,.~ ............................................................ ~ ~- ~ ~ ~ UTILITY ADVISORY COMMITTEE Port Angeles, Washington December 7, 1998 L Call to Order: Vice Chairman Campbell called the meeting to order at 3:00 p.m, II. Roll Carl: Members Present: Councilmen Campbell, Doyle, and Williams, Joe Michalczik, and Bill Myers. Members Absent: None. Staff Present: C. Knutson, C. Hagar, R. EIIsworth, K. Ridout, K. Curtis, and G. Kenworthy. III. Approval of Minutes: Joe Michalczik moved to approve the minutes of the October 12, 1998, regular meeting. Councilman Williams seconded the motion, which carried unanimously. IV. Discussion Items: A. Report on Rayonier's Request for City to Accept Leachate from Shotwell Landfill Kevin Curtis, Wastewater Treatment Plant Supervisor, reviewed the information provided in the packet and responded to questions posed by the Committee. Councilman Campbell asked how the amount of revenue was estimated. Mr. Curtis responded that the negotiated fee is $.03 per gallon. The Ordinance reads $.02 per gallon for fresh waste and $.09 a gallon for septic waste. This leachate falls somewhere in between. Discussion ensued regarding hauling of the leachate and how many truck loads a day could be expected. Joe Michalczik expressed concern over what would happen if toxic material got into the City's treatment plant. Mr. Curtis replied that it would end up in the discharge, which is sampled on a 24-hour basis, or it could end up in the solids content. He stated waste is currently being accepted from the Rayonier site and it is being tested to EPA standards. The leachate currently being filtered through does not pose a problem and there has only been one complaint regarding an odor in six years. Councilman Campbell noted that the leachate must go somewhere and there are only two options: the City or Daishowa. He felt that given the report and conclusions from the Consultant who has reviewed all the documentation, the leachate will not have a toxic impact at the treatment plant and the City is in a position to gain $300,000 in revenue per year for treating it. Discussion followed regarding escape clauses and the pros and cons of proceeding with acceptance of the leachate, and how the leachate would be handled and stored if accepted. Following lengthy discussion, Joe Michalczik moved to recommend City Council approve and accept the report as written and that the City Attorney ensure all contracts and written reports support the City's needs. Councilman Williams seconded the motion, which carried unanimously. Deputy Clerk Hagar distributed copies of the 1999 meeting schedule to all Committee members. B. Public Information Program Needed for Drinking Water- Copper Compliance Ralph EIIsworth, Water Superintendent, reviewed the materials contained in the packet. The Bilateral Compliance Agreement the City entered into with the State Department of Health (DOH) requires the City to implement a public awareness and education program for with respect to copper compliance. Information will be disseminated to the public at the Home Show in February, a newspaper advertisement prior to the Home Show, and via a flier accompanying the January utility bills. Discussion ensued regarding the wording on the flier and newspaper article. Mr. EIIsworth informed the Committee that the wording had been recommended and approved by the DOH. Mr. EIIsworth stated that following the covering of the reservoirs, lead and copper levels will again be checked. It is hoped that lead and copper levels will then fall within acceptable levels, thereby making the problem go away. Discussion followed and Mr. EIIsworth responded to questions and provided clarification. Councilman Williams moved recommend City Council authorize proceeding with the public information program requested. Bill Myers seconded the motion, which carried unanimously. Brief Discussion of Elwha Dam Removal Attorney Knutson gave a brief report on a conference he had recently attended. Senator Gorton was one of the speakers and he mentioned the Elwha Dam situation. He stated he had spoken to Congressman Dicks and was fairly confident a compromise would be worked out for the next session and the removal of the dams would be funded. Discussion followed regarding funding of EIwha Dam removal. Attorney Knutson gave a brief review of Senator Gorton's speech, particularly the portion where he described how he came to his position on the dam removal. 7-'7 C. Contract with CH2M Hill for Evaluation of Regional Water Issues Gary Kenworthy, City Engineer, stated the Elwha Dam issue also plays a part in the next topic of discussion, as the Elwha Dam removal was included as part of the draft Water Supply Study prepared by CH2M Hill. Staff is asking for consideration of an amendment to the contract with CH2M Hill to identify infrastructure improvements. Mr. Kenworthy then reviewed the information contained in the packet. Discussion followed and Mr. Kenworthy responded to questions posed by the Committee. Councilman Campbell felt there were two parts to the issue. One, is the issue of combining the municipal water supplies and feeding them from a common treatment plant. The second issue is the PUD's water treatment facility on Morse Creek which needs extensive rehabilitation. Rather than having the PUD spend money on this plant, the money could be spent on the Morse Creek line restoration, which would allow the provision of water to that PUD system. The long term benefit to the City would be the use of the Morse Creek line as an emergency water supply. Discussion followed. Attorney Knutson reminded the Committee that a contingency from the City will be going to visit Senator Gorton in his Bellevue office later this month. Councilman Campbell stated staff needs to have all its information together in order to inform the Senator of the City's needs in regards to the dam removal. Following further discussion, Councilman Campbell moved to recommend the Council approve the amendment to the contract with CH2M Hill for the water supply study. Joe Michalczik seconded the motion, which carried unanimously. V. Information Only Items Drinking Water Information on Consumer Confidence Reports (Discussion Purposes Only) Chairman Doyle stated it appears the City must work with the Environmental Protection Agency (EPA) until the State finalizes some rules that satisfy the EPA. Mr. EIIsworth stated staff is working the EPA and testing has been done for this year. The public then must be informed of what is in the drinking water supply. Staff is checking to ensure that the City is fulfilling all requirements. Discussion ensued and Mr. Ellsworth responded to questions. No action was taken. VI. Late Items None. 78 VI. Next Meeting: The next meeting will be January 11, 1999, at 3:00 p.m. VIII. Adjournment: The meeting adjourned at 4:12 p.m. Chairman Deputy City Clerk