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Agenda Packet 02/02/1999
AGENDA PORT ANGELES CITY COUNCIL 321 EAST FIFTH STREET, PORT ANGELES, WASHINGTON February 2, 1999 - REGULAR MEETING - $:~30 p.m. AGENDA ITEM First Action ? I Action Taken Page A. CALL TO ORDER - Regular Meeting (5:30 p.m.) ROLL CALL PLEDGE OF ALLEGIANCE CEREMONIAL MATTERS & I PROCLAMATIONS Presentation of key for new Library and Public Works History Book B. WORK SESSION C. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS fBy Council, Staffor Public) AND PUBLIC COMMENT FOR ITEMS NOT ON AGENDA (This is the opportunityJbr members of the public to speak to the City Council about anything not on the agenda, please keep comments to 5-10 minutes.) D. FINANCE Award of bid for Library demolition Action E. CONSENT AGENDA 1. City Council minutes - January 19, 1999 Action 2. Out of State travel request - Chief of Police 3. Contracts for Services a. Chamber of Commerce b. Clallam County YMCA c. P.A. Boys & Girls Club F. CITY COUNCIL COMMITTEE REPORTS G. ORDINANCES NOT REQUIRING PUBLIC HEARINGS Revision to ordinance regulating moving of Action buildings H. RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS Resolution designating sole source supplier for Action Geographic Information System (GIS) Products NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK February 2, 1999Port Angeles City Council Meeting Page - 1 AGENDA ITEM First Action ? Action Taken page I. OTHER CONSIDERATIONS 1. Request to circulate Annexation Petition - 55 Action ANX 99-01 - Corbett/Stetson, north of Highway 101 and east of DelGuzzi Drive 2. Cooperative Service Agreement with US 75 Action Department of Wildlife J. PUBLIC HEARINGS - QUASI-JUDICIAL (7:00 P.M. or soon thereafter) K. PUBLIC HEARINGS- OTHER 1. Consideration of application for CDBG 79 Action General Purpose Grant 2. Municipal Code Amendlnent - MCA 98-05 - 87 City of Port Angeles, City-wide, proposal to Action amend Zoning Code provisions regarding nonconforming structures and substandard lots L. INFORMATION 1. City Manager's Report (Page 103) 2. Draft Utility Advisory Committee minutes - January 1 l, 1999 (Page 109) 3. Planning Commission minutes - January 13, 1999 (Page 115) 4. Chamber of Commerce Report- December, 1998 (Page 125) 5. Humane Society Report - December, 1998 (Page 131) M. EXECUTIVE SESSION (As needed and determined by City' Attorney) N. ADJOURNMENT I Action I PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements pertaining to matters such as, land use permit applications, proposed amendments to City land use regulations, zoning changes, annexations. In addition, the City Council may set a public hearing in order to receive public input prior to making decisions which impact the citizens. Certain matters may be controversial, and the City Council may choose to seek public opinion through the public hearing process. GSEXCHANGE',AGENDA'020299CC WPD NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK February 2, 1999 Port Angeles City Council Meeting Page - 2 CITY OF PORT ANGELES CITY COUNCIL MEETING February 2, 1999 I. CALL TO ORDER - REGULAR MEETING: ~. II. ROLL CALL: Members Present: Mayor Braun Councilman Campbell Councilman Doyle Councilman Hulett Councilmember McKeown Councilman Wiggins Councilman Williams Staff Present: Other Staff Pre~ent:. Manager Ibarra V/,. ~,,. ,~.~_~_~_'_~_/~ Attomey ~utson ~ ~, . ~ ~.~~ Clerk Upton ~' ~. ~~ ~ ~ B. Becker ~ S. Bro~ ~ B. Collins ~ K. Godbey ~. S. Ilk ~ J. Pittis ~ III. ADJOURN TO EXECUTIVE SESSION: X~l~eason: ~ IV. RE~EN V. PLEDGE OF ALLEGIANCE: Led by:/~.xt,l,~ ~ ~.~ o ~9 A~/ CITY OF PORT ANGELES CITY COUNCIL MEETING Attendance Roster DATE OF MEETING: February 2, 1999 LOCATION: City_ Council Chambers City of Port Angeles Ordinance/Resolution Distribution List City Council Meetingof ~ ~&J~JJ~O~I~A~ ~. City Manager City Att~. (1) Planning Ci, Clerk P~so~el Cust. Svcs. Finm~ Dk.~. Poli~ Dept. Fke Dept. Li~t Dept. Pub. Works (2) P~ks & Rec. msc (1) PDN (Sm~) Ex~a Copies pORTANGELES WASHINGTON, U.S.A. CiTY COUNCIL MEMO DATE: February 2, 1999 To: MAYOR BRAUN AND CrrY COUNCIL FROM: Jack Pittis, Director of Public Works and Utilities SUBJECT: Declaration of Emergency for Disaster Funding and.~_~ving Bid Laws Issue: The recent storm has created some loses to our infrastructure that must be repaired and the declaration of an emergency is requested for waiving bid law requirements so that the repairs can be made in a timely fashion and for requesting state/federal funding assistance. Recommendation: 1) Adopt the attached resolution requesting state/federal disaster assistance and 2) adopt the attached resolution authorizing the repair of broken water utility facilities. Summary_: The recent storm with over 4 inches of rainfall has created some loses to our infrastructure. Repairs to utility facilities will require that the City Council declare that an emergency exists for waiving bid requirements and for requesting state/federal assistance.. Background / Analysis: During January 28th (Thursday) and January 29th (Friday) the City Hall rainguage recorded rainfall of 0.63 and 2.75 inches respectively. The whole storm total from Jan. 25th to Jan. 31st was a total of 4.17 inches. This resulted in the 5th highest January on record since records have been kept starting in 1878. Our 10 year running average for January is 4.04 inches and it rained 7.81 inches this January. This rain caused significant problems with the City's infrastructure. To date the following problems have been encountered: 1) Sometime Saturday morning a slide starting above the Industrial Watermain destroyed about two sections of 72" diameter pipe shutting down water to Daishowa Mill. Since then City water crews, Daishowa personnel and contractors have been making repairs. Late Monday evening water began to flow in the pipeline to the mill. 2) In the same vicinity of the industrial watermain slide, the main waterline from the Elwha Ranney Collector which is located in the old Spruce Railroad grade has developed cracking above the pipeline in a filled area indicating a weakness in the soils supporting the pipeline. It is imperative that this problem be corrected immediately. A geologist was called and an inspection was conducted on Monday at~emoon. RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring an emergency, dispensing with the requirement of calling for bids for the repair of the broken industrial watermain and other water utility facilities, and authorizing the City Manager to sign the necessary contracts. WHEREAS, RCW 35.23.352 requires the City to call for bids for any public work project in excess of $30,000, if more than one craft or trade is involved, or $20,000, if a single craft or trade is involved; and WHEREAS, the law allows for the bid requirement to be dispensed with when it is essential to the health, safety or welfare that i~u~ediate action be taken, provided that the emergency is present, immediate and existing and is not a condition which may or may not arise in the future or a condition which reasonably may be foreseen in time to advertise for bids; and WHEREAS, due to abnormally severe winter rainfall, the City's industrial watermain has broken and other water utility facilities may be in jeopardy so that immediate repairs are necessary in order to provide for the health, safety and welfare of the citizens of Port Angeles; a regular meeting of said Council held on the 2nd day of February, 1999. MAYOR ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney -3- utilized in repairing the damage_ due to the rainfall and accompanying landslides; the City has retained private contractors on an emergency basis to repair the damage; and financial resources have been tapped beyond budgeted amounts to the extent that state and federal resources may need to be requested. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles as follows: 1. There is, and has existed since January 28, 1999, a state of emergency in the City of Port Angeles due to the abnormally severe winter rainfall. 2. The actions taken, and to be taken, by the Mayor, the City Manager, and authorized designees, as are reasonably necessary to prevent or minimize the loss of life and property, are hereby confirmed. 3. The Mayor and the City Manager are authorized to request state and/or federal assistance to the extent that the severity and magnitude of the disaster is beyond the capability of City resources. PASSED by the City Council of the City of Port Angeles at a meeting of said Council held on the 2nd day of February, 1999. 2 p_ 0RTAN WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: February 2, 1999 TO: MAYOR BRAUN AND CITY COUNCIL FROM: Jack Pittis, Director of Public Works SUBJECT: Bid Award for Demolition of Addition to Port Angeles Carnegie Library, Project #97-08. Issue: Should the lowest responsible bid be accepted for the demolition of the addition to the Port Angeles Carnegie Library? Recommendation: City Council accept the bid of R.J. Services Inc. in the amount of $79,411.70 and authorize the Mayor to execute the demolition contract. Summary: The Public Works Department requested bids for the demolition of the 1962 addition to the Port Angeles Carnegie Library. Bids were received from fourteen firms, and R.J. Services Inc. of Port Angeles was the lowest responsible bidder. Background / Analysis: Lindberg Architects completed the demolition sequence instructions and drawings, and the Engineering Division prepared the contract documents and solicited bids for Project #97-08. The project consists of demolishing the 1962 addition to the Carnegie Library, filling the demolition site with gravel and top soil, and reestablishing the lawn with imported sod. The Carnegie Library building will also be secured for safety in anticipation of future restoration. Bids were opened on January 12, 1999 from fourteen contractors (bid tabulations listed below). The five lowest bids received and corrected in accordance with the specifications were as follows: Rank [Firm City Bid Total (incl. sales tax) 1 R.J. Services Inc. Port Angeles, WA $79,411.70 2 ICONCO Inc. Seattle, WA $81,200.15 3 Lourie Contracting Inc. Kent, WA $ 84,164.16 4 McTurnal & Dugger Corp. Shelton, WA $90,961.37 5 Compass Northwest Inc. Southworth, WA $96,366.46 Mayor Braun and City Council Bid Award- Demolition of Addition to Carnegie Library February 2, 1999 R.J. Services of Port Angeles submitted the lowest bid, has a history of satisfactorily completing City of Port Angeles contracts, and is therefore the lowest responsible bidder. The engineer's estimate for the demolition of the library addition was $118,544.34. The bids received confirm the cost of the demolition. Additional costs (above the contract amount), estimated at about $32,000, for debris disposal at the landfill and testing for hazardous materials will be paid for by the City as provided in the contract. The testing cost and number of tests required will not be known until the contractor has completed the good faith asbestos survey. If the testing indicates a significantly higher or lower amount of area requiring asbestos removal than estimated in the bid specifications (3,500 sq ft), then the contract price would be adjusted in accordance with the contractor's unit price for asbestos removal ($5.38/sq ft). Funding for this project is provided by a $400,000 reserve fund received from the North Olympic Library System as part of the City's agreement for the construction of the new Port Angeles Public Library. 2 6 CITY COUNCIL MEETING Port Angeles, Washington January 19, 1999 CALL TO ORDER - Mayor Braun called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 5:30 p.m. ROLL CALL: Members Present: Mayor Braun, Councilmembers Campbell, Doyle, Hulett, McKeown, Wiggins, and Williams. Members Absent: None. Staff Present: Manager Ibarra, Attorney Knutson, Clerk Upton, B. Becket, B. Collins, S. Ilk, J. Pittis, G. Kenworthy, Y. Ziomkowski, T. Riepe, M. Twitchell, J. Mason, M. Sanders, K. Ziegler, B. Raymond, and T. Kuch. Public Present: P. Dire, B. Dire, L. deBord, L. Lee, and J. Hordyk. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Braun. ALLEGIANCE: CEREMONIAL 1. Swearing in Ceremony for Officer Tom Kuch MATTERS/ PROCLAMATIONS: Steve Ilk, Chief of Police, introduced Officer Tom Kuch, who was joined by his family at the dais. Officer Kuch was recently hired by the City and has prior experience in the Swearing in Ceremony for law enforcement field. Chief Ilk stated Officer Kuch is academy trained and a welcome Officer Tom Kuch addition to the police force. Mayor Braun then performed the swearing in ceremony for Officer Kuch and wished him luck. Bicycle Friendly 2. "Bicycle Friendly" Community Award Community Award Mayor Braun reviewed the information provided by the Police Department. Tom Riepe, Deputy Police Chief, presented the Mayor with a plaque and signs from the League of American Bicyclists designating Port Angeles as a Bicycle Friendly Community. A sign will be posted at the City limits alerting people to this designation. Councilman Doyle felt it was an honor to receive such an award and asked if the signs should be put in place after road improvements have been completed, which will include the placement of bicycle lanes. Dkector Pittis agreed and said the State will be widening Highway 101 East this summer, which includes bicycle lanes on both sides of the roadway. Deputy Chief Riepe acknowledged the presence of Kathe Smith and her leadership and participation on the Non-motorized Advisory Committee. Mayor Braun invited Ms. Smith to address the Council. Kathe Smith, 607 E. Fourth Street, agreed that the sign should go up after the bicycle lanes were in place. Ms. Smith thanked City Engineer Gary Kenworthy for his help and participation in obtaining this award. -1- 7 CITY COUNCIL MEETING January 19, 1999 Bicycle Friendly Couneilmember McKeown moved to accept the plaque and two signs from the Community Award League of American Bicyclists designating Port Angeles as a "Bicycle Friendly" (Cont'd) community. Councilman Doyle seconded the motion, which carried unanimously. WORK SESSION: None. LATE ITEMS TO BE None. PLACED ON THIS OR FUTURE AGENDA: FINANCE: Closeout of Tree Trimming Contract Tree Trimming Contract Mayor Braun reviewed the information provided by the Public Works Department and asked D~rector Pittis for further input, which he provided. Councilman Wiggins moved to accept the work of Asplundh Tree Expert Company as being complete and authorize the final payment of $20,719.80 for tree trimming services. Councilman Campbell seconded the motion, which carried unanimously. CONSENT AGENDA: Councilman Campbell moved to accept the Consent Agenda which included: (1) City Council minutes of January 5, 1999; (2) City Council minutes of January 11, 1999; (3) Checklist - $1,509,458.12 - January 15, 1999; (4) Interlocal Joint Purchasing Agreement with City of Sequim; and (5) Interlocal Joint Purchasing Agreement with Clallam County. Councilman Williams seconded the motion. After brief discussion and clarification, a vote was taken on the motion, which carried unanimously. CITY COUNCIL Councilman Williams, along with Mayor Braun and Fire Chief Becker, at-tended a COMMITTEE mee~ng regarding the year 2000 and contingency plannL~g. It was very informative and REPORTS: useful. Councilman Campbell and Councilmember McKeown attended a meeting at the Courthouse dealing with the Southwest Regional Area for Salmon Recovery, specifically the Chinook species. The SW Regional area has $2.5 million for salmon recovery, and it is hoped that the Dungeness/Elwha area will get a substantial share of that money for salmon recovery efforts. There will be more information forthcoming after the next meeting. Brief discussion followed, and Councilman Campbell responded to questions and provided clarification. Councilmember McKeown attended a United Way meeting. She felt it noteworthy that the City employees donated more money in spite of trying times. Councilmember McKeown felt these employees deserved recognition, as it proves what a part they are ofth~s community. She asked that Council consider having a car wash next year, as a thank you to all employees who contribute to the United Way. Mayor Braun stated he and Councilman Williams and Fire Chief Becket did attend the AWC-sponsored forum on the Year 2000. The purpose of the meeting was to inform City authorities that a contingency plan should be in place for the Y2K. Hopefully, nothing bad will happen, but the City should have a contingency plan in place. Mayor Braun then enumerated the items the plan should contain. Mayor Braun attended a meeting with the Elwha Tribe to discuss the Rayonier site, which he felt was profitable. Mayor Braun read aloud a letter he received from George Woodruff, Superintendent of Schools, regarding the 4th Grade reading test scores. Mayor Braun asked Manager Ibarra to send a letter of congratulations to the 4th graders and the School District. _2~ CITY COUNCIL MEETING January 19, 1999 Ediz Hook and Milwaukee Ordinances Not Requiring Public Hearings Drive Sewer Connection Charges Ordinance Revising Ediz Hook Sewer Connection Charge and Milwaukee Drive Sewer Ordinance No. 3008 Connection Charge Ordinance Mayor Braun reviewed the information provided by the Public Works Department and asked Director Pittis for additional input. Director Pittis advised the Council that Gary Kenworthy, City Engineer, was available to answer any questions or provide further information. Discussion ensued and at Council's request, Mr. Kenworthy explained the disposition of the old septic systems that had been abandoned. Councilman Doyle asked if future users would also have to pay $9,574.62 for hook up. Mr. Kenworthy explained that the current users are under lease with the City. The costs can be rolled into the future leases. Attorney Knutson agreed with Mr. Kenworthy and stated the Ordinance does not require the City's lessees to pay the sewer connections charge. It is the responsibility of the property owners or long term (99 year) leases. The one future connection referred to in the packet would be applicable under this ordinance if a subdivision of a piece of property occurred and there was a new owner of that piece of property. Councilman Campbell commended staff for bringing this project in under the estimated costs. Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. 3008 AN ORDINANCE of the City of Port Angeles, Washington revising the charges for connection to the Ediz Hook sanitary sewer, revising the Milwaukee Drive sewer connection ordinance, and amending Ordinances 2832 and 2618 and Chapters 13.70 and 13.67 of the Port Angeles Municipal Code. Councilman I-Iulett moved to adopt the Ordinance as read by title. Councilman Williams seconded the motion, which carried unanimously. Mayor Braun asked to retu_m to the Consent Agenda, as a correction was needed to the minutes of January 5, 1999. The public hearing was opened at 7:00 p.m. and closed at 7:10 p.m, which was noted by the City Clerk. Resolutions Not Requiring Public Hearings: None. Other Considerations Lease Agreements with 1. Lease ~tgreements with North Olympic Library System: North Olympic Library a. Lease for New Library b. Termination of Lease for Former Carnegie Library c. Termination of Lease for Parking Facility ~ldjacent to Former Carnegie Library Mayor Braun reviewed the information provided by the Public Works Department. Director Pittis responded to questions directed by the Council and provided additional clarification regarding the leases and the City's responsibilities regarding same. Councilman Doyle felt section nine of the lease for the new library should be changed to read ".....initial term of this lease, including but not limited to, asphalt paving ...... " -3- 9 CITY COUNCIL MEETING January 19, 1999 Lease Agreements with Staff explained that this paragraph dealt particularly with those items, however, Council North Olympic Library is free to make changes if they desire. Following limited discussion, it was decided to (Cont'd) leave section nine as it stands. A question was raised as to the status of the parking lot associated with the old Library, and Manager Ibarra indicated that a determination has not yet been made as to the disposition of the parking lot. Following further brief discussion, Councilmember McKeown moved to authorize the Mayor to sign the following agreements: a lease for the new Port Angeles Branch Library on Lauridsen Blvd.; termination of the lease for the former Carnegie Library; termination of the lease for the parking lot adjacent to the former Carnegie Library. Councilman Williams seconded the motion, which carried unanimously. United Way Contract 2. Contract with United Way for Administration of City's 1999 Human Services Funds Mayor Braun reviewed the information provided by the City Clerk's office and asked Clerk Upton for additional input. Clerk Upton stated that the contract formalizes the payments made from the City's Human Services funds, and it also reflects a great deal of hard work on the part of Councilmember McKeown in establishing the allocation list. Councilmember McKeown commended the United Way organization. Those who work for United Way are incredible people with huge hearts for human service funding. This community is fortunate to have such a great organization. Mayor Braun felt the community was also fommate in having someone like Councilmember McKeown who is such a strong supporter of the availability of human services. He commended her for a job well done. Councilman Wiggins moved to authorize the Mayor to sign the contract with United Way for the administration of the City's 1999 Human Services funds. Councilman Doyle seconded the motion, which carried unanimously. As it was too early to start the public hearing, Mayor Braun suggested the City Manager's Report be moved up on the agenda. INFORMATION: Manager Ibarra referred to the draft letter to Vice President Gore regarding the Elwha River situation and stated he would hold this item for last. United Way Manager Ibarra thanked Chief Ilk for leading the United Way Fund Drive. City employees increased their contribution level by 6.5%. He commended all those employees who gave to such a worthy cause. Home Builders Association Manager Ibarra noted that on Thursday, January 21, 1999, the Home Builders Coffee for Timothy Smith Association will host a coffee to welcome Timothy Smith as the new Director of Economic Development. All members of Council are invited to attend. Chamber of Commerce The Port Angeles Chamber of Commerce will host a banquet on Friday, January 22, Dinner 1999, at 6:30 p.m., for the installation of new officers. Council members have been invited. Parks & Recreation Referring to Page 134 of the packet, Manager Ibarra noted there has been an increase in revenue to the General Fund due to the activities of the Parks & Recreation Department. He then referenced Page 144, which is a new document to the Parks & Recreation monthly report and which lists the Department's short-term and long-term goals. Building Permit Totals Referring to Page 150, Manager Ibarra noted that there were 760 building permits CITY COUNCIL MEETING January 19, 1999 Building Permit Totals issued in 1997 at a value of $21.7 million while, in 1998, there were 739 permits issued (Cont'd) at a value of $18.7 million, for a decrease of almost $3 million. It is hoped this will tum around in 1999. Fire Department Manager Ibarra noted that Pages 153 and 154 show the statistics for the Fire Department. He felt it was noteworthy that, while the number of calls received stayed almost the same for 1998 as compared to 1997, the amount saved for 1998 was $2.4 million compared to a little more than $700,00 for 1997. Manager Ibarra further noted that calls for Advanced Life Support had decreased in 1998 and Basic Life Support calls increased. Manager Ibarra indicated there will be a Police report included in future packets, as the statistical information provides a good insight into the current levels of service. Brief discussion followed and at Council's request, Fire Chief Becker explained how saves and losses are computed. At Councilmember McKeown's request, Planning Director Collins explained the community meeting regarding the marine bluff area. Councilmember McKeown felt less intrusive signage should be considered for Port Angeles. She would like to see some improvements made. Letter to Vice President Manager Ibarra reminded the Council this had been discussed briefly at the last Gore meeting, and Council was offered the opportunity for review. Councilman Campbell stated he had discussed this letter with Councilman Wiggins, and they felt the sentence in the second to the last paragraph of the letter which reads "The Administration and key members of Congress have all indicated their desire to see Elwha Act implementation comment." should be removed, as it is not strictly accurate. Councilman Wiggins noted that in the sentence previous to this one, the word "by" should read "be". Also, on the first page of the letter, the first highlighted section should read "...and move forward to fund engineering...." Councilman Doyle felt the first paragraph of the second page, the last sentence, should note that the "future listing" is the Endangered Species Act listing. Manager Ibarra noted these changes would be made. Councilman Williams thanked the Fire Department for its prompt response to calls for his wife and father. Break Mayor Braun recessed the meeting for a break at 6:40 p.m. The meeting reconvened at 7:00 p.m. PUBLIC ItEARII~GS- Appeal of Napier/Jones Short Plat SHP 98-04 QUASI-JUDICIAL: Mayor Braun reviewed the information provided by the Planning Department and asked Napier/Jones Appeal Director Collins for additional input. Director Collins used the overhead projector to demonstrate the area under discussion. He described the area and provided a history of the issue. Director Collins stated there are three main issues. The first issue is priority areas for the school walking routes in Port Angeles. The second issue is timing. Currently, the City requires sidewalks any time there is any development along arterials. Third, is the issue of safety for vehicles and pedestrians. The appellant feels putting in this sidewalk, which would be the first stretch of sidewalk on this block, would be a safety hazard. Director Collins stated that staffhas heard this argument before, and it has been proven that placement of the sidewalk leads to improved walking areas in previously unpaved areas. Director Collins asked the Council to consider denial of this appeal. CITY COUNCIL MEETING January 19, 1999 PUBLIC HEARINGS- Discussion ensued, and Director Collins responded to questions and provided QUASI-JUDICIAL: clarification. Councilman Campbell asked if the City didn't budget for sidewalks every (Cont'd) year, and Councilman Hulett reminded the Council that monies collected for street vacations also went toward sidewalk placement. Director Collins felt that, based on the Napier/Jones Appeal priority of the sidewalk project, it would be a good time for the City to join with the (Cont'd) property owner and put in more sidewalk along the reservoir and Fine Art Center and create a crosswalk across Lauridsen Blvd. which can be manned by a crossing guard during the school year. Councilman Doyle stated he had discussed sidewalks with Public Works early this winter, and it sounded like sidewalks are already booked for the next two years. He hoped not to jeopardize the sidewalk plans when there may be another area that would need the sidewalks more. Director Collins stated this sidewalk was a high priority. Mayor Braun agreed with Councilman Doyle and felt improvements to the north side of the street would improve stormwater flow. Manager Ibarra informed the Council that there are more than 40 projects in the inventory of sidewalk repair or installation. Manager Ibarra stated he had a meeting with Director Pittis recently, and part of the discussion centered around sidewalk projects, as some of them have been on the list for more than two years. Funds are budgeted, but manpower and resources are not. Therefore, satisfying demands for sidewalk repairs will have to be revisited. Decisions will have to be made regarding whether the City does all the work or contracts some of it out. Further discussion ensued, and Director Collins stated he felt this sidewalk was required by City Ordinance and the alternative would be to change City policies and requirements rather than to grant the appeal. Mayor Braun opened the public hearing at 7:25 p.m. Linda deBord, 1309 East Seventh Street, on behalf of the appellants, complimented City staff for its helpfulness in working through the appeal process. Ms. deBord then distributed packets of information to the Council, and gave a history of the property, application for the short plat, and appeal process. She informed the Council that the short plat was approved with the same condition in 1992. However, the ordinance requiting the sidewalks was not adopted until 1995. Ms. deBord felt that had this been appealed in 1992, the plat (condition) appeal would have been approved. Ms. deBord informed the Council why she felt the sidewalk was unnecessary and urged the Council to approve the appeal. Ms. deBord and Director Collins then responded to questions directed by the Council and provided additional clarification. Jean Hordyk, 1122 East 9~ Slxeet, encouraged the Council to support the Planning Director's recommendation to deny this appeal. Many people of all ages walk in this area, and sidewalks would be a great improvement and make for a safer environment. There was no further public testimony and Mayor Braun closed the public hearing at 7:47 p.m. Further discussion ensued, and Director Collins provided additional clarification. Councilman Doyle moved to deny the appeal citing Findings 1-8 and Conclusions 1-5, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councilman Campbell seconded the motion. Discussion ensued, and Council members expressed their reasons for approving or denying this appeal. A vote was taken on the motion. All Council members voted in support of the motion, with the exception of Councilman Williams, who abstained. Because abstentions are counted as affirmative votes, the motion carried unanimously. PUBLIC HEARINGS - None. OTHER: CITY COUNCIL MEETING January 19, 1999 ADJOURN TO Mayor Braun adjourned the meeting to Executive Session at 8:05 p.m. for one and one- EXECUTIVE SESSION: half hours to discuss items of real estate, litigation, potential litigation, and personnel. RETURN TO The meeting returned to open session at 9:50 p.m. OPEN SESSION: ADJOURNMENT: The meeting was adjourned at 9:55 p.m. Becky J. Upton, City Clerk Gary Braun, Mayor 14 WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: February 2, 1999 TO: Mayor Braun and City Council FROM: Steve Ilk, Chief of Police SUBJECT: Out of State Travel Request Issue/Recommendation: Authorize the Chief of Police, Steve Ilk, to attend the Law Enforcement Executive Development Association (LEEDA) conference in Las Vegas, April 26-30, 1999. Summary: The Law Enforcement Executive Development Association (LEEDA) is an organization whose members are primarily law enforcement administrators from agencies serving less than 50,000 populations who have graduated from the FBI National Academy. The Association provides excellent training, utilizing instructors fi.om a variety of disciplines. The conference this year is being held in Las Vegas and LEEDA has obtained excellent rates for accommodations and travel. Background / Analysis: The training being provided at this year's conference includes topics such as Risk Management, Ethics for Law Enforcement, Legal Issues and Updates, Organizational Evaluation, and, of course, the Y2K problem. Round-trip air fare is $202 and hotel rates are $78 per night (four nights). The cost for attending this conference is approximately $650. 16 WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: February 2, 1999 TO: MAYOR BRAUN AND CITY COUNCIL FROM: Becky J. Upton, City Clerk/Management Assistant SUBJECT: Contracts for Services - Chamber of Commerce, Clallam County YMCA, and P.A. Boys & Girls Club Issue: Various agencies have requested funding from the City's 1999 General Fund and, as such it is necessary to execute contracts between the City and the agencies. Recommendation: Authorize the Mayor to sign the contracts with the Clallam County YMCA, P.A. Boys & Girls Club, and the Chamber of Commerce. S_ummar_~ As part of the City's budget process, various agencies submitted applications for funding from the City's 1999 General Fund. The City Council has reviewed and approved the level of funding for each agency, and it is timely to approve contracts with the agencies. Background/Analysis: In the past, various agencies approached the City Council throughout the year requesting funds for social, cultural, and recreational services for the citizens. In preparation for the 1999 budget process, the City Council determined it would be appropriate to seek applications from the various agencies in a more formalized application process. The Council then approved the following funding levels: Agen~ Amount Approved P_urpo~ Clallam County YMCA $15,000 Teen Scene P.A. Boys & Girls Club 15,000 After-school Center Chamber of Commerce 2,500 4th of July Fireworks Display Funding was also approved for the Port Angeles Downtown Association, as well as the Rotary Club. Contracts for that funding will be forthcoming. Attachments 17 18 CONTRACT FOR SERVICES THIS CONTRACT is entered into this __ day of ,1999, by and between the City of Port Angeles, Washington, hereinafter called "City", and the Port Angeles Chamber of Commerce, a non-profit corporation, hereinafter called "Contractor". REPRESENTATIONS 1. As an optional code city of the State of Washington, the City of Port Angeles is authorized to provide social, cultural, and recreational services to its citizens; and 2. The Contractor is willing and able to perform such services in accordance with the provisions of this contract; and 3. The fireworks show produced by the Contractor pursuant to this contract will not only provide recreational services but will contribute to the public health, safety and welfare by providing an alternative to the personal use of illegal or unsafe fireworks; and 4. The City Council has determined that it is in the public interest to expend general funds of the City to provide the services as set forth herein. AGREEMENTS NOW, THEREFORE, in consideration of the above representations and the payments, covenants and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. Scope of Work. The Contractor shall utilize the funds provided by the City pursuant to this contract in producing the 1999 Port Angeles Fourth of July fireworks show. The fireworks show will be located in the Port Angeles Harbor and conducted so as to maximize the viewing by residents of and visitors to the City of Port Angeles as part of the City's Independence Day celebration. 2. Compensation and Method of Payment. The City shall reimburse the Contractor for services rendered as specified in Section 1 in the amount of $2,500 payable in one lump sum upon receipt of an invoice from the Contractor. 3. Independent Contractor Status. The relation created by this Contract is that of independent contracting entities. The Contractor is not an employee of the City and is not entitled to the benefits provided by the City to its employees. The Contractor, as an independent contractor, has the authority to control and direct the performance of the details of the services to be provided. The Contractor shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. 4. Hold Harmless and Indemnification. The Contractor shall protect, defend, save harmless, and indemnify the City, its officers, agents, and employees from and against any and all claims, damages, losses, and expenses, including reasonable attorney's fees, occurring, arising, or resulting from supplying work, services, materials, or supplies in connection with the performance of this Contract. 5. Breach. A. In the event of either party's material breach of the terms or conditions of this Contract, the non-breaching party reserves the right to withhold payments or services until corrective action has been taken or completed. However, the party shall not exercise this right until they have given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice. This option is in addition to and not in lieu of the parties' right to terminate this Contract or any other right which State law offers for breach of contract. B. If either party shall materially breach any of the covenants undertaken herein or any of the duties imposed upon it by this Contract, such material breach shall entitle the other party to terminate this Contract, provided that the party desiring to terminate for such cause shall give the offending party at least twenty days' written notice, specifying the particulars wherein it is claimed that there has been a violation hereof, and if at the end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation, then the termination of this Contract shall be deemed complete. 6. Non-Discrimination. The Contractor 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 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, Viemam era veteran's status, disabled veteran condition, physical or mental handicap, or national origin. 7. F. lllilt,_C,,l:mlr~. The parties agree that this Contract is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. Further, any modification of this Contract shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first hereinabove written. CITY OF PORT ANGELES PORT ANGELES CHAMBER OF COMMERCE By:~ Mayor President ATTEST: ATTEST: By: Becky J. Upton, City Clerk Secretary APPROVED AS TO FORM: Craig D. Knutson, City Attorney -3- 22 CONTRACT FOR SERVICES THIS CONTRACT is entered into this ~ day of ,1999, by and between the City of Port Angeles, Washington, hereinafter called "City", and the Clallam County YMCA, a non-profit corporation, hereinafter called "Contractor". REPRESENTATIONS 1. As an optional code city of the State of Washington, the City of Port Angeles is authorized to provide social, cultural, and recreational services to its citizens; and 2. The Contractor is willing and able to perform such services in accordance with the provisions of this contract; and 3. The City Council has determined that it is in the public interest to expend general funds of the City to provide the services as set forth herein. AGREEMENTS NOW, THEREFORE, in consideration of the above representations and the payments, covenants and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. Scope of Work. The Contractor shall utilize the funds provided by the City pursuant to this contract in operating the YMCA's downtown teen center, "Y's Teen Scene", a 5,000 square foot facility located in the downtown Port Angeles vicinity, in a manner that shall provide a wide range of activities and a safe haven for teens to interact with their peers, learn about local youth services, and have access to caring adults. Said services shall be provided in accordance with the funding application, attachments, and budget, as set forth in the attached Exhibit A. -1- 2. Duration of Contract. The performance of the Contractor shall commence on the 1 st day of January, 1999, and terminate on the 31st day of December, 1999. The duration of the Contract may be extended or terminated upon the mutual written agreement of the parties hereto and pursuant to the terms and conditions of the Contract. 3. Compensation and Method of Payment. The City shall reimburse the Contractor for services rendered as specified in Section 1 in the amount of $15,000 payable in one lump sum upon receipt of an invoice from the Contractor. 4. Recordkeeping and Reporting. A. The Contractor shall provide the City with the 1999 budgets of the Clallam County YMCA, copies of which are attached hereto as Exhibit "B" and include current salaries and benefits for all employees and classifications of employees, and shall notify the City within 30 days of any increases in salaries or benefits from the previous year. B. The Contractor shall maintain accounts and records which accurately reflect the revenues and costs for the operation of the Clallam County YMCA. These financial records and all records relating to the performance of this Contract shall be available for City inspection. C. The Contractor shall use its best efforts to economize on overhead expenses to the maximum extent feasible in providing the services to be performed pursuant to this Contract. 5. Travel. The City has adopted policies for the reimbursement of travel expenses. Designed to conserve public funds, these policies limit reimbursement for transportation, lodging and meal expenses to Federal per diem standards (attached as Exhibit "C"). The City strongly encourages the Contractor to adopt similar policies for any travel supported by City funds. 6. Independent Contractor Status. The relation created by this Contract is that of independent contracting entities. The Contractor is not an employee of the City and is not entitled to the benefits provided by the City to its employees. The Contractor, as an independent contractor, -2- has the authority to control and direct the performance of the details of the services to be provided. The Contractor shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. 7. Hold Harmless and Indemnification. The Contractor shall protect, defend, save harmless, and indemnify the City, its officers, agents, and employees from and against any and all claims, damages, losses, and expenses, including reasonable attorney's fees, occurring, arising, or resulting from supplying work, services, materials, or supplies in connection with the performance of this Contract. 8. Breagh. A. In the event of either party's material breach of the terms or conditions of this Contract, the non-breaching party reserves the right to withhold payments or services until corrective action has been taken or completed. However, the party shall not exercise this right until they have given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice. This option is in addition to and not in lieu of the parties' right to terminate this Contract or any other right which State law offers for breach of contract. B. If either party shall materially breach any of the covenants undertaken herein or any of the duties imposed upon it by this Contract, such material breach shall entitle the other party to terminate this Contract, provided that the party desiring to terminate for such cause shall give the offending party at least twenty days' written notice, specifying the particulars wherein it is claimed that there has been a violation hereof, and if at the end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation, then the termination of this Contract shall be deemed complete. 9. Non-Discrimination. The Contractor 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 Contractor shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are -3 - 25 members of minorities protected by federal equal opportunity/affirmative action requirements; and, B. The Contractor 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. Entire Contract. The parties agree that this Contract is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. Further, any modification of this Contract shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first hereinabove written. CITY OF PORT ANGELES CLALLAM COUNTY YMCA By: Mayor President ATTEST: ATTEST: By: Becky J. Upton, City Clerk Secretary APPROVED AS TO FORM: Craig D. Knutson, City Attorney CYMCA. 99 -4- CONTRACT FOR SERVICES THIS CONTRACT is entered into this __ day of ,1999, by and between the City of Port Angeles, Washington, hereinafter called "City", and the Port Angeles Boys and Girls Club, a non-profit corporation, hereinafter called "Contractor". REPRESENTATIONS 1. As an optional code city of the State of Washington, the City of Port Angeles is authorized to provide social, cultural, and recreational services to its citizens; and 2. The Contractor is willing and able to perform such services in accordance with the provisions of this contract; and 3. The City Council has determined that it is in the public interest to expend general funds of the City to provide the services as set forth herein. AGREEMENTs NOW, THEREFORE, in consideration of the above representations and the payments, covenants and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. Scope of Work. The Contractor shall utilize the funding provided by the City pursuant to this contract to operate an after-school center in conjunction with the Clallam County Housing Authority for at-risk youth in the Port Angeles community. Said services will be provided in accordance with the funding application, attachments, and budget, as set forth in the attached Exhibit A. 2. Duration of Contract. The performance of the Contractor shall commence on the 1 st -1- day of January, 1999, and terminate on the 31st day of December, 1999. The duration of the Contract may be extended or terminated upon the mutual written agreement of the parties hereto and pursuant to the terms and conditions of the Contract. 3. Compensation and Method of Payment. The City shall reimburse the Contractor for services rendered as specified in Section 1 in the amount of $15,000 payable in one lump sum upon receipt of an invoice from the Contractor. 4. Recordkeeping and Reporting. A. The Contractor shall provide the City with the 1998 budgets of the Port Angeles Boys and Cfids Club, copies of which are attached hereto as Exhibit "B" and include current salaries and benefits for all employees and classifications of employees, and shall notify the City within 30 days of any increases in salaries or benefits from the previous year. B. The Contractor shall maintain accounts and records which accurately reflect the revenues and costs for the operation of the Port Angeles Boys and Girls Club. These financial records and all records relating to the performance of this Contract shall be available for City inspection. C. The Contractor shall use its best efforts to economize on overhead expenses to the maximum extent feasible in providing the services to be performed pursuant to this Contract. 5. Travel. The City has adopted policies for the reimbursement of travel expenses. Designed to conserve public funds, these policies limit reimbursement for transportation, lodging and meal expenses to Federal per diem standards (attached as Exhibit "C"). The City strongly encourages the Contractor to adopt similar policies for any travel supported by City funds. 6. Independent Contractor Statm. The relation created by this Contract is that of independent contracting entities. The Contractor is not an employee of the City and is not entitled to the benefits provided by the City to its employees. The Contractor, as an independent contractor, has the authority to control and direct the performance of the details of the services to be provided. -2- The Contractor shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. 7. Hold Harmless and Indemnification. The Contractor shall protect, defend, save harmless, and indemnify the City, its officers, agents, and employees from and against any and all claims, damages, losses, and expenses, including reasonable attorney's fees, occurring, arising, or resulting from supplying work, services, materials, or supplies in connection with the performance of this Contract. 8. Breach. A. In the event of either party's material breach of the terms or conditions of this Contract, the non-breaching party reserves the fight to withhold payments or services until corrective action has been taken or completed. However, the party shall not exercise this right until they have given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice. This option is in addition to and not in lieu of the parties' right to terminate this Contract or any other right which State law offers for breach of contract. B. If either party shall materially breach any of the covenants undertaken herein or any of the duties imposed upon it by this Contract, such material breach shall entitle the other party to terminate this Contract, provided that the party desiring to terminate for such cause shall give the offending party at least twenty days' written notice, specifying the particulars wherein it is claimed that there has been a violation hereof, and if at the end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation, then the termination of this Contract shall be deemed complete. 9. Non-Discrimination. The Contractor 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 Contractor 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, -3- B. The Contractor 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. Entire Contract. The parties agree that this Contract is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. Further, any modification of this Contract shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first hereinabove written. CITY OF PORT ANGELES PORT ANGELES BOYS AND GIRLS CLUB By: Mayor President ATTEST: ATTEST: By: Becky J. Upton, City Clerk Secretary APPROVED AS TO FORM: Craig D. Knutson, City Attorney CB&GC.~9 -4- WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: February 2, 1999 TO: MAYOR BP,~UN AND CITY COUNCIL FROM: Jack Pittis, Director of Public Works & Utilities SUBJECT: Revision of Building Move Ordinance IIssue.- Should the City Council adopt the attached ordinance revising the Building Move Ordinance?I Recommendation: Adopt the attached ordinance, Chapter 14.32, Building Moving, as read byI title. Summary: The attached ordinance adds six new sections and clarifies the responsibilities of all parties involved with moving a building. The ordinance was last revised in 1972 and is being updated to reflect permit and procedure changes made in 1993. Changes suggested by Councilman Williams after this ordinance was discussed in November have also been incorporated. Background / Analysis: The movement of buildings within the City is an infrequent event, with fewer than a half dozen in the last five years. However, the process is very complex and requires the involvement of a number of City Departments. The internal procedure and permit form were changed in 1993 (Attachment A) to more clearly inform the applicant of their responsibilities and to insure that various departments and agencies are contacted regarding the move. These revisions were not in conflict with the existing ordinance (Attachment B) but provided more detail. At the same time, an information sheet for applicants (Attachment C) was drafted to better inform them of the process and what they needed to do in order to obtain a permit. As there are so few building moves and those that do occur have all been handled by the same contractor, the need to change the ordinance was not a high priority. However, last year when the City Council was dealing with the request to relocate the building at the foot of Hill Street, it became apparent that the building move ordinance lacked specifics that would make it easier to work with citizens not familiar with the process. The new ordinance updates and elaborates requirements for permitting, insurance, bonding, deposits, and a hold harmless clause. It also describes in much greater detail the entire process from permit application to post-move site cleanup/restoration. Staff would like to thank Councilman Williams and representative of the Homebuilder's Association for their assistance in reviewing and suggesting changes to the draft ordinance. Attachments: A) Proposed Ordinance B) Current Code: PAMC 14.32 C) House Moving Application Information D) House Moving Application and Permit 31 32 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, regulating the moving of buildings, repealing Ordinance 1766 as amended, and codifying this Ordinance as Chapter 14.32 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1: Ordinance 1766 as amended is hereby repealed. Section 2: Chapter 14.32 of the Port Angeles Municipal Code shall he replaced with the following: CItAPTER 14.32 BUILDING MOVING Sections: 14.32.010 Purpose and Scope 14.32.020 Definitions 14.32.030 Building Moving Permit .14.32.040 Application '14.32.050 Qualifications 14.32.060 Fees 14.32.070 Deposit, Bond, and Insurance 14.32.080 Permit Issuance 14.32.090 Performance Requirements 14.32.100 Owner' s Responsibilities 14.32.110 Appeal 14.32.120 Violations 14.32.010 - Purpose and Scope. It is the purpose of this Chapter to establish standards, including minimum requirements for the moving of all buildings and other structures within the corporate limits of the City, and to provide for the issuance of a permit, collection of various fees, and inspection services for all such movements. 14.32.020 - Definitions. For the purpose of this Chapter, the following terms, phrases, and words shall have the meanings given in this section: 33 A. "Applicant" is the person who applies for a permit to move a building pursuant to this Chapter. B. "Building" is any structure used or intended for supporting or sheltering any use or occupancy that is greater than 120 square feet. C. "Building Official" is the Building Official of the City of Port Angeles or his/her designee. D. "Owner" is the person who owns the building being moved. E. "Permittee" is the person who applies for and receives a permit to move a building pursuant to this Chapter. F. "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. 14~32,030 - Building Moving Permit. A. No person shall move any building over, along, or across any highway, street, or alley in the City without first obtaining a building moving permit from the Building Official. B. The permit required in this section and the other requirements of this Chapter shall be in addition to all existing permits and requirements of the construction codes and ordinances of the City. C. The initial factory installation of manufactured homes and commercial structures is exempt from this Chapter. 14.32.040 - Application. A. An applicant seeking issuance of a building moving permit under this Chapter shall file an application for such permit with, and upon forms provided by, the Building Official. B. The application shall set forth and include the following: 1. A description of the building proposed to be moved, giving street number of existing and proposed site locations and the dimensions; 2. The highways, streets, alleys, and lots over, along, or across which the building is proposed to be moved; 3. Proposed moving date and hours; 4. All information describing the applicant's qualifications as required in PAMC 14.32.050; 5. The fee required in PAMC 14.32.060; 6. A statement that the applicant specifically agrees to indemnify and hold harmless the City of Port Angeles, its officials, employees, and agents, against any loss, damage, cost, and/or expense (including attorneys fees reasonably incurred), which may in any way occur against the City in consequence of granting the building moving permit to the applicant; 7. Any additional information which the Building Official finds necessary in order to make a fair determination of whether a permit should be issued. C. The application shall be accompanied by any other required applications, permits, or approvals. 14.32.050 - 0ualifications. In order for a building moving permit to be issued by the Building Official, the applicant must meet the following qualifications: A. Hold valid current registration under the State Contractors Registration Act either as a general or specialty contractor authorized to engage in the building moving business; B. Demonstrate the ability to perform the task of moving buildings in a workmanlike manner by presenting evidence of experience and appropriate equipment. 14.32.060 - Fees. A. A building moving application shall be accompanied by a building moving permit fee. Said fee is for the building move only and shall be in addition to all other fees for construction :35 or relocation of the building on the new site. B. The building moving permit fee shall be established by ordinance of the City Council as set forth in Chapter 3.70.110C PAMC and shall be in the amount necessary to compensate the City for the expense of reviewing and processing plans, conducting inspections, and other services determined to be necessary for the administration and enforcement of the provisions of this Chapter. C. The building moving permit fee shall be non-refundable. 14.32.070 - Deposit, Bond, and Insurance. A. Prior to permit issuance, the applicant shall submit the following: 1. A deposit to the City equal to 150% of the amount estimated by the Building Official to compensate the City for its expenses that will be incurred in removing and replacing any City p[operty, the removal and replacement of which will be required by reason of the moving of the building through the City. 2. A surety bond, or cash or other security in lieu of said bond, in a form acceptable to the City Attorney, posted with the City in the sum of $5,000 to guarantee performance of the moving operation and placement of the building in accordance with the plans submitted for the moving of said building and to cure or pay for any damages caused to public or private facilities as part of the movement of the building along City streets. 3. A certificate of insurance against claims for injuries to persons or damage to property, which may arise from or in connection with the performance of the work associated with the building move by the applicant, its agents, representatives, employees, or subcontractors. Said policy shall be issued by a responsible insurance company authorized to do business under the laws of the State of Washington. Said policy shall insure the permittee, shall name the City of Port Angeles as an additional insured, and shall insure to the benefit of any and all persons suffering loss -4- 36 or damage either to person or property by reason of any operations of the permittee. Said policy shall insure against loss from the liability imposed by law for injury to, or death of any person, and damage to property, in the amount or limit of $1,000,0007 as to any one claim and $2,000,000? for all claims arising from any one accident. B. In addition to the deposit, bond or other security, and insurance provided pursuant to this section, the permittee shall also be liable for any expense, damages, or costs in excess of deposited amounts, securities, or insurance, and the City may prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts. C. When the moving of the building is completed, any damage has been repaired to the satisfaction of the City, and all damage costs or costs of performing the work as required in this Chapter have been paid, the unused amount of the deposit shall be refunded, and the remaining bond, cash, or other security shall be released. 14.32.080 - Permit Issuance. A. The standards for issuance of a building moving permit shall be as follows: 1. All fees, including deposit, insurance, permits and application requirements as set forth in this Chapter have been complied with; 2. The building is not too large to move without endangering persons or property, or causing unacceptable damage to trees, plants, and shrubs, in the City; 3. The building is not in a state of deterioration or disrepair and is not otherwise so structurally unsafe that it could not be moved without endangering persons and property in the City; 4. The applicant's equipment is licensed for operation on state highways; 5. There are no other reasons that persons or property in the City would be endangered by moving the building; :37 6. The City Engineer and Chief of Police, or their designees, have approved the route selected by the applicant for moving the building and have specified whatever conditions to the building moving permit may be necessary to protect persons and property in the City and minimize congestion and traffic hazards on public streets and alleys; 7. The zoning and other ordinances of the City would not be violated by moving the building or placing it in its new location; 8. The owner has demonstrated that all City assessments and any other City charges against the property or the property owner have been removed, paid in full, or otherwise discharged to the satisfaction of the City; 9. The applicant has demonstrated that all necessary utility arrangements have been made; 10. The owner has acquired a demolition permit and paid the necessary fees to cap the sewer and water lines and remove the electrical service. B. Prior to permit issuance, the Building Official shall inspect the building, whether located inside or outside the City limits, and the applicant's equipment, and shall determine whether or not the standards for issuance of a permit and all other requirements of this Chapter have been met. C. The Building Official shall have sole discretion to issue, condition, or deny a building moving permit in accordance with this Chapter and may, at any time, for sufficient cause, revoke or suspend any permit previously issued. D. By issuing a building moving permit, neither the City, the Building Official or any other official or employee of the City shall be deemed to have warranted that all public health safety, cultural, and welfare concerns have been addressed or shall be held responsible for any damage or injury that may occur during, or as a result of, the moving of the building. -6- 14.32.090 - Performance Requirements. Every permittee under this Chapter shall: A. Move a building only over streets designated and approved for such use in the approved permit and conduct such move using due diligence and to the satisfaction of the City Engineer and Chief of Police; B. Notify the Building Official within 24 hours of a desired change in moving date and hours as proposed in the application and not proceed until the Building Official has approved the new date and time; C. Notify the City Engineer and Chief of Police not less than 24 hours before the actual work of moving the building is to commence; D. Make necessary arrangements with any public utility, the City or other entity, whichever is the owner, for displacing or changing the location of any pole, wire, cable, or other equipment or structure that may be necessary in order to move the building, and for paying the costs thereof; E. Make necessary arrangements acceptable to any owner of trees, plants, and shrubs for trimming, moving, removing, or replanting them as may be necessary in order to move the building, and for paying the costs thereof; F. Notify the Building Official in writing of any and all damage done to property belonging to the City within the next business day after the damage has occurred; G. Protect the building during nighttime using flashing lights and warning barricades as necessary to warn and protect the public; H. Comply with the City's construction codes and all other applicable City ordinances; I. Pay the expense of a traffic officer if required by the Chief of Police to accompany the movement of the building to protect the public; :39 J. Insure that the building move is completed in accordance with the requirements of this Ordinance and that the building or any part thereof is not left standing or abandoned while the same is in or upon any part of any highway, street, or alley; provided that if the permittee does not comply with the requirements of this Ordinance, the City may proceed to do the work necessary to achieve compliance, and the cost thereof shall be charged against the surety bond, cash or other security provided pursuant to this Chapter. 14.32.100 - Owner's Responsibilities. The applicant shall notify the owner of, and the owner shall be responsible for, the following requirements: A. Prior to the move, make arrangements to ensure that the sewer is capped, the water supply is shut off, the electrical supply is terminated, and any other utility services have been properly provided for, in conformance with the requirements of the affected utility departments or companies. B. After the move, ensure that the following work has been completed so that the premises from which the building has been moved are left in a safe and sanitary condition: 1. All rubbish and materials have been removed; 2. Any openings, excavations, or basements remaining on the property have been filled to street level or the level of the adjoining property, unless otherwise directed by the Building Official; 3. Any septic tanks or cesspools on the property have been properly filled or otherwise secured as required by the State and County health regulations; 4. Any underground storage tanks have been properly secured as required by State regulations. 14.32.110 - Appeal. Any person aggrieved by the action of the Building Official in conditioning or refusing to issue a permit under this Chapter shall have the right to appeal such 413 action to the Director of Public Works by filing a notice of appeal with the Building Official within ten calendar days of receiving notice of the action from which appeal is taken. 14.32.120 - Violations. Any person violating any of the provisions of this Chapter shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter is committed, continued, or allowed. Each such violation shall be punishable in the same manner as violations of the construction codes of the City as set forth in Chapter 14.01 PAMC. Section 3 - Sevcrability. 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 4 - 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: 95.29 41 14.32.010 14.32.020 MOVING BUILDINGS Sections: 14.32..010 Permit - Required- Fee. 14.32.020 Permit - Issuance - Conditions. · 14.32.030 Equipment - Pneumatic Tires Required. 14.32.040 Permit - Restrictions. 14.32.050 Time Limit - Site Restoration. 14.32.060 Violation - Penalty. 14.32.010 Permit - Resulted - Fee. In addition to the requirements of the Uniform Building Code in effect in the City regarding the moving of buildings, every person, firm or corporation desiring to move a building shall: A. Notify public utility companies controlling or maintaining telephone, telegraph, or other overhead wires in the City at least one week before the moving date, indicating the applicant's intention to move a building or part thereof, the proposed route, and the date of moving; B. At the time of applying for a permit, the applicant shall submit to the Building Official a letter or other written notification from the public utility companies stating the time they were notified of the proposed moving of the building, and a sketch of the proposed route; C. The permittee shall: 1. Conform to all requirements which are now or may be hereafter established by the City Council; and 2. Promptly repair and make good to the satisfaction of the City Engineer any damage to pavement, sidewalks; crosswalks, hydrants, s~wers, water lines, streets, alleys, or other public or privaui property done or caused by the applicant, his employees, or agents in moving a building or part of a building; 3. File with the City Treasurer a'certificate of insurance certifying applicant or the applicant's moving contractor as the named insured under a comprehensive public liability policy of insurance with a reputable insurer, with minimum policy limits of fifty thousand dollars and one hundred thousand dollars for bodily injury, and twenty-five thousand dollars for property damage; 4. Pay the City Treasurer five hundred dollars for a permit to move a building; provided that four hundred fifty dollars of the permit fee shall be refunded to the Permittee if within one year after the date on which the building was moved, the building moved complies with all applicable City ordinances, rules and regulations, and is in a completed state. (Ord. 2022 §1, 5/13/79; Ord. 1766 §1, 10/12/72.) 14.32.020 Permit- Issuance - Conditions. A. Before issuing a permit, the Building Official shall confer with public utility companies in an effort to establish a route, a plan for moving, and a date which is satisfactory to the utility companies. 9~97 14 - 34 42 14.32.020 14.32.060 B. A permit issued under this Chapter shall specifit~lly describe the route to be taken in moving the building, the approximate length of time which may be oonsumed in the moving process, and the day on which the moving shall start. The building or part of a building moved shall not be moved on a route other than that specified in the permit. Applicant shall arrange at least twenty-four hours in advance with the Police Deparunent for a police ese. on, and. posting at the applicant's cost against parking where necessary. C, If the applicant has complied with all of the requirements of applicable ordinances, the Building Official shall issue a permit to move the building, or shall refer the matter to the City Council and its decision thereafter shall be final. D. If a permit is refused, the City Council shall provide for a hearing at which the applicant may present information or relevant considerations to the City Council. (Ord. 1766 §2, 10/12/72.) 14.32,030 Equipment - Pneumatic Tires Reouired. A person, firm, or corporation moving a building or a part of a building over or across a street, alley, or other public property shall support the building being moved on equipment with pneumatic tires. The inflated pneumatic tires shall be of sufficient size to reasonably carry the load being moved without damage to the surface on which the load is moved. (Ord. 1766 §3, 10/12/72.) 14.32.040 Permit - Restrictions. The issuance of a permit does not authorize the permittee in moving a building to break, injure, damage or move public utility facilities, trees, or other public or private property without permission from the owner of such property. (Ord. 1766 §4, 10/12/72.) 14.32.050 Time Limit - Site Restoration. If at the end of one year from the date of the move, or prior to sale or occupancy of the building, whichever is sooner, the building is not in a completed state and ready for occupancy, both inside and out, its owner shall within thirty days remove it from its site and restore the site to its condition as it existed prior to the issuance of the permit; provided, that the Director of Public Works may grant an extension to the one-year time limit, in one-month increments up to a maximum of six months for. completion of the building, if he determines that the owner of the building has made and continues to make good faith efforts to comply with the time limit, and that compliance is possible within the period of any extension. (Ord. 2082 §1, 6/2/80; Ord. 2022 §2, 5/13/79; Ord. 1766 §5, 10/12/72.) 14.32.060 Violation - Penalty_. Any person violating any of the provisions of this Chapter, upon conviction thereof, shall be punished by a fine not to exceed two hundred dollars or by imprisonment in the City Jail for a period not to exceed sixty days, or both, for each day he is in violation. (Ord. 1766 §6, 10/12/72.) 14 - 35 9/97 43 BUILDING MOVING APPLICATION and PERMIT CITY OF PORT ANGELES - BUILDING DIVISION PERMIT NO. The following materials are hereby provided in application for a House Move Permit: 1. Name of applicant: 2. Address of Applicant: 3. Telephone of Applicant: Date of proposed move and duration: 4. Name of insurance company and agent and copy of certificate of insurance: 5. Original location (address) of building: Legal description of original location of building: 7. New proposed location of building: Legal description of new proposed location of building: 8. Route to be taken from old location to new location: 9. Description of current building: 0. Written confirmation that the following agencies have been contacted including individual's name, telephone and date: Police Department Fire Department Public Works & Utilities Department - Engineering Division - Operations Division - Building Division U. S. West Communications Northland Telecable Others, I hereby acknowledge that I am responsible for injuries, damages, and any expenses incurred by the City or other agencies during the moving of this structure and that the structure is to be restored to minimum Building Code requirements at its new location and be ready for use within one (1) year from the date of moving the structure. In consideration of the granting of this permit, it is further agreed by the applicant that the City of Port Angeles and any of its officers or employees shall be saved harmless to the applicant from any liability or responsibility for any accident, loss or damage to persons or property, happening or occurring as the proximate result of any work undertaken under the terms of this application and the permit or permits which may be granted in response thereto, and that all of said liabilities are hereby assumed by the applicant. Signature Date ***OFFICIAL USE ONLY:*** Date move took place: Treasurer's Receipt No.:__ Building Permit #__ Right of Way Construction Permit # Damage and.or incidents enroute and comments: Original Site Restoration completed:__ Date ok for occupancy: Refund Date: Refund Amount:$ Check No. APPROVED BY BUILDING INSPECTOR: DATE: i~05_02 [12/98] ~1~'~'~~ BUILDING MOVING APPLICATION INFORMATION CITY OF PORT ANGELES - BUILDING DIVISION City ordinance requires that the applicant advise all public utilities and any other interested agencies of the date, route, and other particulars of the proposed move at least one week in advance of moving the building. Arrangements must be made with the Port Angeles Police Department for escort, overload permits, and posting of the route, as necessary, with "No Parking" signs at least 24 hours in advance of the move. An insurance certificate of comprehensive liability, with a company acceptable to the City's Risk Manager, in the minimum amount of $1,000,000/$2,000,000 for bodily injury and property damage is required. The City also requires a deposit equal to 150% of the estimated amount to remove and replace any City owned facilities as well as a surety bond, cash or other security in the amount of $5,000 to guarantee performance. Finally, a House Moving permit fee of up to $200 (dependent on where building is moved to and from) is also necessary. In addition to a building move permit, a building permit must be obtained to ensure that the structure(s) meets current Uniform Building Code and other city requirements at the new site. A plan and site review must be completed to approve the structure, zoning and utility needs. Prior to receiving the permit the applicant must provide the following: [] Plot plan with lot dimensions, structure dimensions, setbacks, driveway access, elevations, and site drainage. [] Foundation plan with footing size, reinfoming steel, ventilation, crawl space access, and perimeter drainage. [] Details of energy code compliance. [] Floor plan with dimensions and use of all rooms, window and door sizes, attic access and smoke detector. [] Electrical panel size and load information. After review of the submittals and an on-site inspection of the building, a building permit will be issued. The fees for this permit will be based upon the value of the upgraded components proposed for the structure. All work, in accordance with submitted plans, must be completed and inspected prior to occupancy of the structure. The Building Division has numerous handouts and other information, if you need assistance putting your application together. The following checklist is for your assistance in tracking the completion of all of the necessary steps: BUILDING MOVING CHECKLIST ITEM COMPLETED FEES Notify Utilities City Light Telecable Telephone Traffic Signals Water Sewer Notify Police Department Obtain Certificate of Insurance Satisfy deposit/bond requirements Obtain House Move Permit Obtain Building Permit Obtain Right of Way Construction Permit for sewer cap and pull water meter. Original Site Restored Building Permit Final Inspection C~c.c...nnnc.v A.n.nrnv~_d ~f n~w ~ifR WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: February 2, 1999 TO: MAYOR BRAUN AND CITY COUNCIL FROM: Jack Pittis, Director of Public Works & Utilities SUBJECT: Designation of Sole Source Supplier for Geographic Information System (GIS) Products Issue: Should the City Council declare that Environmental Systems Research Institute, Inc. (ESRI) be designated as the sole source supplier of GIS products for the City? Recommendation: Adopt the attached resolution designating Environmental Systems Research Institute, Inc. as the sole source of GIS products for the City. Summary.: The 1999 City budget contains funds for phase I of a multi-year GIS implementation plan (see attached) for all City Departments. In researching GIS vendors, staff found that ESRI is the leading vendor of GIS software and that Clallam County, PUD, State Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA) all use ESRI products. Since the City frequently exchanges information with these agencies considerable time and money can be saved by using the same software. Background / Analysis: Research conducted during the 1999 budget process determined that the City would benefit from implementation of a city-wide GIS system that would allow for the integration of spatial (geographic) information with other city databases. Clallam County, the Clallam County PUD, and various state and federal agencies already have GIS systems that are using ESRI soft'ware products. If the City selects ESRI, staff can directly import property records from the county which show changes in ownership, property divisions and other development. If not compatible it would require a manual conversion of the information. The same principle applies to sharing information with the PUD and other agencies. Staff could import data directly into maps and databases or export information to the other agencies. By using the same software products staff can avoid the time and expense of trying to convert the data from another product or manually re-keying the information. Using ESRI products will also reduce the time needed for a GIS system to be available to all departments. Because of the savings in labor costs and time to implement a GIS system, designating ESRI as a sole source provider of GIS products is in the best interests of the City. Attachments: 1) Resolution; 2) GIS Plan 47 RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, designating Environmental Systems Research Institute, Inc., as the sole source for acquisition of geographic information system products. WHEREAS, the City of Port Angeles has determined that implementation of a geographic information system (GIS) would improve the accuracy of maps, related databases and decision making; and WHEREAS, Clallam County, the Clallam County PUD, the State Department of Natural Resources and the Federal Emergency Management Agency, among others, utilize Environmental Systems Research Institute, Inc. (ESRI) products for similar purposes; and WHEREAS, the City of Port Angeles utilizes significant amounts of information from the above agencies and is required to submit significant amounts of information to the above agencies; and WHEREAS, being able to directly import and export this information electronically via compatible GIS products would save the City time and money and would improve the accuracy of the exchanged information; and WHEREAS, the only way to accomplish and ensure the necessary compatibility is for the City to purchase its GIS products from ESRI; and WHEREAS, due to the above circumstances, it is appropriate for the City Council to determine that the purchase of GIS related products is clearly and legitimately limited to ESRI as a single source of supply and/or is subject to the above-recited special market conditions, thus -1- allowing normal purchasing requirements to be waived as allowed by RCW 35.23.352(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles as follows: Section 1. ESRI is hereby designated the "sole source" product supplier for acquisition of GIS products. Section 2. An exception from normal bidding requirements is herewith implemented, under which acquisition of GIS products need not be competitively bid. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the __ day of February, 1999. MAYOR ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney IK99.01 -2- 1999 (FIRST YEAR) G.I.S. PURCHASES AND IMPLEMENTATION GOALS 1. Install and configure hardware and software. 2. Training for ESRI ArcFM workstation users. 3. Convert databases to Oracle and create links to ArcFM. 4. Convert AutoCAD data to an S.D.E. format 5. Create utility and property coverages with ArcFM. 6. Train AutoCAD users to access S.D.E. Summary: The first year goal is to have two operational ArcFM workstations with data access to the new Oracle database. Bill Hale and Billy McCurdy ESRI ArcFM: Creates, edits, maps, manages and queries all linked data (oracle) in an Arc info format.This is a specially created flavor of Arcinfo for Utilities. ESRI ArcCogo: A toot to aid in calculating and drawing property lines from survey information. This is basicly a coordinate geometry/survey application ESRI ArcPress: Assists in lhe production and creation of plot sheets and map books. -L Server PW~ ~- ESRI S.D.E.: Warehouses spatial data from a vadety of formats (microstation, autocad, arcview, arcinfo, orthophotos, etc...) and establishes on large seamless spatial database that all file formats can communicate with. ESRI Cadd Client: This software allows AutoCAD users (civil\electrical designers) to access all spatial data established by S.D.E directly through the AutoCAD interface. This will eliminate the cutting, pasting and trimming that currently occurs during base map production. Oracle R.D.B.M.S.: This is a relational database management system that will administer, store and query al] of our utility and property data. Sewer Water ~ Electrical Addressing Property ~ Gall Mclain ~- and ? AutoCAD civil~electrical design workstations 51 2000 (SECOND YEAR) G.I.S. PURCHASES AND IMPLEMENTATION GOALS 1. Install and configure hardware and software. 2. Training for ESRI ArcNet, ESRI ArcTin, ESRI ArcView and ESRI ArcFM viewer users. Summary: The main goal for this year is to begin sharing data among the respective users. Bill Hale and Bitly McCurdy Bob Titus, Bill Hale, Billy McCurdy, ? Utility Engineer, Trenia Funston, Gall Mclain Server PW1 ~- ESRI ArcFM viewer: Allows users to view and query coverages created by the ArcFM workstations4 Planning,Front Counter, Gary Kenworthy, Jim Harper ESRI ArcView: A more sophisticated viewing and querying software to allow planning and the front counter Technicians to view data and generate maps/reports in a variety of ways.This software will also prOvide a platform for the engineers to model our utilities in the third year of implementation. Sewer / Water \ Electrical / / Addressing Property Bill Hale and Billy McCurdy ESRI ArcNet: A network tracing tool for utilities. With this ~ software you can trace the flows in a sanitary sewer system · from one point to the next or view the results of a pump station failure. Shortest path calculations can also be done Gall Mclain for emergency response times. ', and ? ESRI ArcTin and ESRI i '1 ArcNet ESRI Arc'1'in: A tool for ArcFM to read x,y,z coordinates and I AutoCAD I create cross sections, contours, 3d views and volume I civil\electrical t calculations. This software would allow engineers and design t technicians viewing G .l.S. data to slice and view topographic I workstations areas of interest. I t I t 52 2001 (THIRD YEAR) G.i.S. PURCHASES AND IMPLEMENTATION GOALS 1. Install and configure software. 2. Training for modeling software and Visual Basic users. Summary: Modeling our utilities and customizing the G.I.S. user interface wil~ be the main purpose of the third year. Bob Titus,Bill Bill Hale and Hale,Billy Billy McCurdy McCurdy, ? Utility Engineer, Trenia Funston, Gall Mclain Planning,Front Counter, Gary Kenworthy, Jim Harper New Oracle Users have restricted access. I based SFG Gary Kenworthy I software and Jim Harper / Sewer Water Electrical Modeling software: This will allow our engineers to to view i and analyze modeling resutts that would affect decision / making regarding He expansion or modification of our Addressing Property trtillties. '~' Bill Hale and ~ Gall Mclain Billy McCurdy ,~, and ? I AutoCAD I Visual Basic I civil~electrical I ~/isual Basic't: Programming software that allows the user interface between Oracle I design I and A~cFM to be modified. workstations I 53 WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: February 2, 1999 To: MAYOR BRAUN AND CITY COUNCIL FROM: Brad Collins, Planning Director SUBJECT: Request to Circulate an Annexation Petition ANX 99-01, Corbett/Stetson Issue: The applicants wish to petition the City for annexation with the objective of rezoning some of the lots in the 1.51 acre parcel of land to commercial and making urban services from the City available for future development of the property. The City Council must determine how to proceed with the annexation petition. Recommendation: Agree to allow the circulation of an annexation petition as conditioned by the Planning Commission's recommendation, citing 14 findings and 10 conclusions. Summary: The proposed annexation is for a small 1.51 acre parcel of land currently divided into 17 substandard lots including certain rights-of-way that are contiguous to the city limits. The applicants also own 3 adjacent lots which are within the city limits. The owners wish to sell the two blocks as commercially zoned property and to facilitate this sale by zoning the annexed property as commercial and making urban services from the City available for future development. The City's Comprehensive Plan policies favor annexation in the Port Angeles Urban Growth Area (UGA), and this area is within the UGA. There are several problems posed by topography and the existing subdivision which are addressed by the Planning Commission's conditions for annexation approval The Planning Commission's conditions also include standard requirements such as agreeing to pay a pro rata share of the City's existing general obligation indebtedness. Background / Analysis: The staff report recognizes problems of the proposed annexation area's topography and subdivision as obstacles to the provision of urban services and limitations to desired zoning. The property is divided into 17 substandard lots, some of which can only be accessed and serviced from Ennis Creek Road. To resolve this problem either a larger area should be required to be annexed allowing for service access or the property should be replatted into a single parcel. The Comprehensive Plan policies will severely limit if not eliminate the possibility of commercial zoning ANX 99-01 February 2, 1999 Page 2 for the property, and the property owner will have to apply for zoning other than Public Buildings and Parks (PBP) which allows for low density residential and environmentally sensitive area protection. Because the annexation would create an area of Highway 101 surrounded by the City, it is recommended that the annexation boundary be extended south of the easternmost property line to the existing city limits south of Highway 101 and thereby include that portion of Highway 101 lying west of this extended annexation boundary line. The property is for sale and the purpose of the annexation is to facilitate commercial development, the annexation would be subject to Resolution 18-78 and thereby be required to prepare an annexation agreement and master plan. Non-protest agreements are required for the formation of separate LID's for roadway and storm improvements, water extensions, and sewer extensions. The limited potential for development of the property makes the likelihood of urban service improvements less without non-protest LID agreements for service extensions farther to the east. Attachments: Excerpt of the 1/13/99 Planning Commission Minutes Staff Report CITY OF PORT ANGELES I_ SCALE PUBLIC WORKS q~ F~~° oo..~,~~o. ^..~×~,o. Plot Dote: 1/8/99 Revision Dote: x " Rle:x ~ 58 Planning Commission Minutes - January 13, 1999 Page g REQUEST TO CIRCULATE AN ANNEXATION PETITION - ANX 99- 01 - Stetson/Corbett~ North of Highway 101 at Del Guzzi Drive: Request to circulate an annexation petition for approximately 1.51 acres of property adjacent to the east City limits. Planning Director Collins reviewed the Planning Department's staff report suggesting that the Planning Commission recommend that an annexation petition be allowed to be circulated but that the area be increased to include those areas east to Baker Street and north to Ennis Creek Road, an increase of 11.12 acres from the requested 1.51 acres for a total acreage of 12.63 acres. The area is nearly all environmentally sensitive. Larry McHone, 330 East First Street, Suite 1, Port Angeles, stated that the applicant's property has been on the market for some time. Most of the total ownership is in the City, however, a small portion (1.51 acres) is in the county and is zoned open space. It is the desire of the property owner to annex to the City and rezone the property for commercial use. There would not be an objection to the environmentally sensitive areas designation for those steep slope areas of the property. The property ownership extends to the edge of the Ennis Creek canyon and contains approximately 30,000 square feet of usable property. If the applicant is required to include the additional acreage proposed bY staff, the proposal will not go forward. Access to the property would be from the Highway 101/Del Guzzi Drive stoplight. Planning Director Collins reviewed some development options for the property and concluded that if the plat in which the property is located is vacated, development of the property would be limited to the single property rather than several lots which would require additional City services. Under that scenario, staff revised its recommendation to exclude the additional 11.12 acres originally recommended but include the width of Highway 101 to the east property limits. commissioner Hewins moved to recommend that the City Council allow the circulation ora petition for annexatio of the 1.51 acre parcel as proposed with the addition of the width of State Highway 101 to the east property line in this location citing the following conditions, findings, and conclusions: Conditions: 1. The annexed area shall bear the pro rata share of the City's general obligation indebtedness existing as of the date of the annexation. 2. City Comprehensive Plan land use designations and zoning shall be consistent with the COunty's Comprehensive Plan land use designations and the City's Comprehensive Plan Conservation Element policies. 3. An annexation agreement and master plan shall be prepared and signed by the petitioners. 59 Planning Commission Minutes - January 13, 1999 Page 9 4. Lots 1 - 8 and Lots 16 - 24, Block 7, Nob Hill Addition shall be merged into a single parcel. 5. Non-protest agreements shall be signed by a minimum of 60% of the property owners for the formation of separate L.I.D.'s for roadway and storm improvements, water extensions, and sewer extensions. 6. The proposed annexation area shall be expanded to include US Highway 101 connecting south to the city limits. Findings: 1. On December 14, 1998, the Planning Department received an annexation request from Betty J. Corbett and Catherine N. Stetson for a 1.51 acre area located north of US Highway 101 and east of the city limits (Harding Ave.). 2. On January 5, 1999, the City Council sent the request to the Planning Commission for review and a recommendation and set a public meeting to discuss the request with the applicants for the City Council February 2, 1999, meeting. 3. The legal description of the subject area is Lots 1-8 and Lots 16-24, Block 7, Nob Hill Addition (see Attachment A), and the applicants own the adjacent property to the west described as Lots 8-13, Block C, Puget Sound CO-op Colony's 1st Addition to Port Angeles, which is inside the city limits. 4. The area is subdivided into 17 individual lots under one ownership; the annexation request petition is made by this one property owner with 100% of the assessed valuation of the area. 5. The area of annexation is undeveloped. The topography of the area slopes to the north and forms the ravine adjacent to Ennis Creek which runs south to north. 6. The proposed annexation area is within the Port Angeles Urban Growth Area. 7. The proposed annexation area is contiguous on its west side to the established City limits. 8. The petitioners are selling a small tract of land made up of all the lots in two blocks as commercially zoned property; to facilitate this sale, they are seeking annexation to Port Angeles for the purposes of rezoning the property to commercial arterial and making urban services fi'om the City available for future development of the property. 9. The nearest City water and sewer are located along US Highway 101. Although the subject property fronts on US Highway 101, only a small section is accessible from the highway, and, as proposed, no streets could access the lower portion of the site. 60 Planning Commission Minutes - January 13, 1999 Page 10 10. The topography of the proposed annexation area creates an "island" that would be accessible only through unincorporated area and makes servicing the area awkward, if not difficult. 11. The factors considered under RCW 35A. 14.200 in review of annexation proposals include "the configuration of the area, comprehensive use plans and zoning, the likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next ten years, location and coordination of community facilities and services., the probable effect of the annexation proposal or alternatives on cost and adequacy of services and controls in the area, and the effect of the annexation proposal or alternatives on adjacent areas." 12. The area of annexation includes areas likely to be classified by the City's Environmentally Sensitive Areas Protection Ordinance as environmentally sensitive areas and as such will be subject to the regulations of that ordinance. 13. The Port Angeles Comprehensive Plan as amended June, 1997 contains 10 policies (Growth Management Element Policies B 1-10) directly related to annexations and 2 goals, 8 policies, and 1 objective (Conservation Element Goals A-B, Policies Al-2, B1-2, B4-6, B16, and Objective B3) related to unique physical features. 14. The proposed promotional, annexation must comply with the City's annexation policies as established in the City's Comprehensive Plan and Resolution 18-78. Conclusions: 1. As conditioned, the proposed annexation is consistent with the City's annexation policies as established in the Comprehensive Plan Growth Management Element (Policies B 1-10) and Conservation Element Goals A-B, Policies Al-2, B 1-2, B4-6, B16, and Objective B3 and Resolution 18-78. 2. The City's policies encourage annexation within the Port Angeles Urban Growth Area, which was established to accommodate growth which is expected to occur over the next ten years. 3. There is poor access to the site for urban services, and there are significant topographical features (steep slopes and a stream) on or adjacent to the site. 4. As reviewed by the Planning Department, the area of annexation may propose a challenge to servicing. 5. Due to the topography of the proposed annexation area and because of Ennis Creek, there is limited development opportunities for the area, and the proposed annexation would likely result in a relatively high cost for urban services. 61 Planning Commission Minutes - January 13, 1999 Page 11 6. Protection of Ennis Creek and its ravine in the annexation area would be facilitated by an open space Comprehensive Plan land use designation and by a Public Buildings and Parks (PBP) zoning designation for most of the annexation area. 7. As conditioned, necessary rights-of-way will be obtained by the City. 8. A subject area is for sale, and the proposal is, therefore, promotional in nature. 9. As conditioned, the configuration of the area, comprehensive use plans and zoning, the likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next ten years, location and coordination of community facilities and services., the probable effect of the annexation proposal or alternatives on cost and adequacy of services and controls in the area, and the effect of the annexation proposal or alternatives on adjacent areas are found to be adequately addressed. The topographical difficulties in providing urban services and the protection of environmentally sensitive areas can be provided by the City of Port Angeles per the Comprehensive Plan as annexation in the larger Urban Growth Area occurs. 10. As conditioned, the annexation is in the Public interest. The motion was seconded by Commissioner Nutter and passed unanimously. 62 pORTANOELES WASHINGTON, U.S.A. PLANNING DEPARTMENTSTAFFREPORT January 13, 1999 TO: Planning Commission FROM: Brad Collins, Planning Director DATE: January 13, 1999 RE: ANX 99-01 (Corbett/Stetson) BACKGROUND: On December 14, 1998, the Planning Department received a request to circulate an annexation petition from Betty J. Corbett and Catherine N. Stetson for a 1.51 acre area located north of US Highway 101 and east of the city limits (Harding Ave.). The legal description of the subject area is Lots 1-8 and Lots 16-24, Block 7, Nob Hill Addition (see Attachment A). The applicants own the adjacent property to the west described as Lots 8-13, Block C, Puget Sound Co-op Colony's 1st Addition to Port Angeles, which is inside the city limits. There is poor access to the site for urban services, and there are significant topographical features (steep slopes) on the site. Ennis Creek runs to the east and north of the site. On January 5, 1999, the City Council sent the request to the Planning Commission for review and a recommendation and set a public meeting to discuss the request with the applicants for the City Council's February 2, 1999, meeting. DISCUSSION: The petitioners wish to sell a small tract of land made up of all the lots in two blocks as commercially zoned property. To facilitate this sale, they are seeking annexation to Port Angeles for the purposes ofrezoning the property to commercial arterial and making urban services from the City available for future development of the property. The nearest City water and sewer are located along US Highway 101. As proposed, City streets do not access the lower portion of the site. The topography of the 63 Annexation Request - MCA 99-01 January 13, 1999 Page 2 proposed annexation area creates an "island" that would be accessible only through unincorporated area which makes servicing the area awkward. It is suggested that a more logical and regular annexation area would progress east along Ennis Creek Road to Baker St and then south to US 101 and south to the city limits including US Highway 101 (See Attachment B). The total annexation in this event would be an additional 11.12 acres for a total area of 12.63 acres. The factors considered under RCW 35A. 14.200 in review of annexation proposals include "the configuration of the area, comprehensive use plans and zoning, the likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next ten years, location and coordination of community facilities and services, the probable effect of the annexation proposal or alternatives on cost and adequacy of services and controls in the area, and the effect of the annexation proposal or alternatives on adjacent areas." Environmental Review SEPA review would occur only if an annexation petition were approved for circulation. The area of annexation includes areas which would be classified by the City's Environmentally Sensitive Areas Protection Ordinance as environmentally sensitive areas and as such would be subject to the regulations of that ordinance. Existing Conditions The area of proposed annexation is undeveloped. Some residential development has taken place nearby on Ennis Creek Road and Baker Street in the additional area proposed by staff for the annexation. The topography of the area slopes to the north and forms the ravine adjacent to Ennis Creek, which runs south to north. The proposed annexation area is subdivided into 17 individual lots under one ownership. The annexation request was made by one property owner with 100% of the assessed valuation of the area. Although the subject property fronts on US Highway 101, only a small section is accessible from the highway. Urban Services In order to be consistent with the City's Comprehensive Plan, an annexation may not result in a change in the level of service (LOS) for streets, water, sewer and electrical services beyond that allowed by the Comprehensive Plan's Capital Facilities Element and the City's Urban Services Ordinance. Due to the topography of the proposed annexation area and because of Ennis Creek, there is limited development opportunities for the area, and the proposed annexation would likely result in a relatively high cost for urban services. 64 Annexation Request - MCA 99-01 January 13, 1999 Page 3 Annexation Policies Comprehensive Plan The Port Angeles Comprehensive Plan Growth Management Element as amended June, 1997 contains 10 policies directly related to annexations. These policies are listed and reviewed as follows: 1. Annexation of land which is outside the established boundaries of the Port Angeles Urban Growth Area (PAUGA) shall not be allowed. The proposed annexation is within the PA UGA. 2. Annexation of land from within the established boundaries of the PAUGA shall be in accordance with the established Annexation Policies of the City. The proposed promotional annexation wouM have to comply with the City's annexation policies as established in the City's Comprehensive Plan and Resolution 18-78. 3. Annexation of land which is not adjacent to and/or contiguous with the established City Limits boundary-line shall not be allowed. The proposed annexation is contiguous on its west side to the established City limits. 4. At the time of annexation, the City shall appropriately classify and zone such land, based upon the City Comprehensive Land Use Map and the City Comprehensive Plan. Thereafter, the provisions, restrictions, and requirements of City Ordinance #1709, the Port Angeles Zoning Code, shall apply to development of the annexed area. The area is to be designated as mostly Open Space and perhaps a Bttle Commercial on the City's Comprehensive Plan Land Use Map and mostly Public Buildings and Parks and a little Commercial Arterial on the City's Zoning Map, consistent with the County's Comprehensive Plan designation of the area as open space. 5. Annexation and development of land shall be consistent with the orderly extension of urban services/facilities and in accordance with the City's Comprehensive Plan and capital facility planning. As reviewed by the Planning Department, the area of annexation may pose a challenge to servicing and may not be a logical extension of City services without including more area north to Ennis Creek Road and east to Baker Street and south across US Highway 101. 6. No annexation of land shall be allowed in which existing development cannot meet the established concurrency requirements of the City within six years from the time of annexation. 65 Annexation Request - MCA 99-01 January 13, 1999 Page 4 Extension of water and sewer may be costly until a larger area is to be served 7. No annexation of land shall be allowed which results in decreased minimum standards for City streets, water service, sewer service, and/or electrical service provided to existing residents of the City. No analysis to impacts on existing services has been done as yet. 8. No annexation of land should be allowed which results in decreased minimum standards for City solid waste collection, stormwater management programs, emergency services and/or telecommunication services provided to existing residents of the City. Due to the topography and limited development potential of the area to be annexed, there shouM not be a decrease in the LOS for City solid waste collection, stormwater management, emergency services and/or telecommunication services provided to existing residents of the City. However, the limited access may make providing emergency services difficult. 9. Annexation boundaries should be drawn to eliminate boundary, interjurisdictional, and service problems. Since the lower portion of the proposed area is accessed only through unincorporated areas, the proposed annexation will increase the potential for interjurisdictional and service problems unless a larger area is included in the annexation. 10. Necessary rights-of-way and easements should be obtained prior to or at the time of annexation. Necessary rights-of-way shouM be obtained by the City at the time of annexation. In particular Ennis Creek Road, Baker Street, and US Highway 101 shouM be included in the annexation. The Port Angeles Comprehensive Plan Conservation Element as amended June, 1997 contains 2 goals, 8 policies, and 1 objective related to unique physical features. These goals, policies, and objective are listed and reviewed as follows: A. To create and maintain a community with a high quality of life where the land is used in a manner that is compatible with the area's unique physical features, its natural, historical, archaeological, and cultural amenities, and the overall environment. 1. The City should require all development, including the location and design of all structures and open space areas, to be compatible with the unique physical features and natural amenities of the land and complement the environment in which it is placed, while recognizing the rights of private ownership. 66 Annexat~'on Request - MCA 99-01 January 13, 1999 Page 5 2. The City should promote compatibility between the land and its use by regulating the intensity of the land use. B. To protect and enhance the area's unique physical features, its natural, historical, archaeological, and cultural amenities, and the overall environment. 1. The City should further public interest by protecting and enhancing the area's unique physical features, valuable natural, historical, archaeological, and cultural amenities, and the overall environment, while recognizing the rights of private ownership. 2. The City should maintain and preserve its unique physical features and natural amenities, such as creeks, streams, lakes, ponds, wetlands, ravines, bluffs, shorelines, and fish and wildlife habitats. 4.Building density should decrease as natural constraints increase. 5. The City shall establish minimum standards for development of properties which contain or adjoin critical areas for the purpose of protecting such areas and enhancing their natural functions. 6. The City should regulate site design, preparation, and development to avoid or minimize damage to wetlands and other environmentally sensitive areas. 16. The City should designate open space areas to preserve major or unique physical features and/or to serve as natural greenbelts and wildlife corridors. Objective 3. The City will identify and implement site specific requirements for individual development proposals to mitigate any negative impacts created by the development, particularly to an area identified as an environmentally sensitive area. Protection of Ennis Creek and its ravine in the annexation area would be facilitated by an open space Comprehensive Plan land use designation and by a Public Buildings and Parks (PBP) zoning designation for most of the annexation area. Resolution 18-78 The Port Angeles City Council, in adopting Resolution 18-78, established certain policies for annexations. These policies are as follows: 1. On any undeveloped territory that is considered for annexation for promotional or development purposes, a master plan must be prepared as part of any annexation agreement. Such master plan shall be prepared in sufficient detail to indicate the size of utilities, streets and other improvements. In the event that analysis of the master plan indicates that existing 67 Annexat~'on Request - MCA 99-01 January 13, 1999 Page 6 city utilities or access streets may not be adequate to serve the totality of the territory proposed for annexation, a performance bond sufficient to pay the cost of installation of or enlargement of existing improvements shall be required as a part of any annexation agreement. Such performance bond shall be required without respect to whether such enlargement is within or outside the boundaries of the proposed annexation territory. Since the area of the proposed annexation is mostly vacant and is being promoted for sale, it can be said the annexation is for development purposes. Therefore, an annexation agreement and master plan as described above shouM be required as a condition of the annexation. 2. An environmental impact statement shall be required on promotional annexations and subdivisions consisting of approximately twenty lots or greater or where unusual environmental conditions exists in the territories. If only a portion of the total area proposed for annexation is to be developed immediately, the main thrust of the EIS should be on the portion being developed but with recognition being given to the problems that will be created when the remaining sections are developed. Although the area to be annexed is being promoted for sale and wouM be subject to this policy, an EIS wouM not be needed if the environmentally sensitive area is designated as open space and zoned PBP. 3. Each portion being developed shall be fully platted indicating all improvements; which improvements shall be in compliance with city specifications and a performance bond posted to guarantee the work. The area to be annexed is platted already, but the access roads are not and cannot be improved. 4. Upon the development of the subsequent portions, one of the major elements of the preliminary and final review processes shall be to determine if that plat is in compliance with the master plan which was adopted as a part of the annexation agreement. In the event that a developer proposes to increase the number of lots in any portion, the amount of the performance bond shall be increased proportionately. Although the area to be annexed is platted already, and an annexation agreement and master plan wouM be subject to this policy. 5. Financial letters of credit shall not be accepted in lieu of performance bonds. The City may accept Assignment of Savings in lieu of performance bonds. The City's policies encourage annexation within the Port Angeles Urban Growth Area, which was established to accommodate growth that is expected to occur over the next ten years. The proposed annexation area is not a prime area identified for water and sewer improvements to serve commercial 68 Annexation Request - MCA 99-01 January 13, 1999 Page 7 and residential uses on the site. The extension of services would not serve the surrounding area very well, even if the proposed annexation area was expanded to include the area north to Ennis Creek Road and east to Baker Street. PLANNING DEPARTMENT RECOMMENDATION: The Planning Department recommends the Planning Commission recommend the City Council approve circulation of a petition for annexation subject to the following conditions and based on the following findings and conclusions: Conditions of Approval 1. The annexed area shall bear the pro rata share o£ the City's general obligation indebtedness existing as of the date of the annexation. 2. City Comprehensive Plan land use designations and zoning shall be consistent with the County's Comprehensive Plan land use designations and the City's Comprehensive Plan Conservation Element policies. 3. An annexation agreement and master plan shall be prepared and signed by the petitioners. 4. Additional right-of-way as necessary to provide 60 foot minimum width for street and utility purposes shall be dedicated to the City for a local access street from the subject area to Ennis Creek Road. 5. Non-protest agreements shall be signed by a minimum o£ 60% of the property owners/'or the formation o£ separate L.I.D.'s for roadway and storm improvements, water extensions, and sewer extensions. 6. The proposed annexation area shall be expanded to include Ennis Creek Road, Baker Street, and US Highway 101 connecting to the city limits. FindinRs: 1. On December 14, 1998, the Planning Department received an annexation request from Betty J. Corbett and Catherine N. Stetson for a 1.51 acre area located north of US Highway 101 and east of the city limits (Harding Ave.). 2. On January 5, 1999, the City Council sent the request to the Planning Commission for review and a recommendation and set a public meeting to discuss the request with the applicants for the City Council February 2, 1999, meeting. 3. The legal description of the subject area is Lots 1-8 and Lots 16-24, Block 7, Nob Hill Addition (see Attachment A), and the applicants own the adjacent property to the west 69 Annexation Request- MCA 99-01 January 13, 1999 Page 8 described as Lots 8-13, Block C, Puget Sound Co-op Colony's 1st Addition to Port Angeles, which is inside the city limits. 4. The area is subdivided into 17 individual lots under one ownership; the annexation request petition is made by this one property owner with 100% of the assessed valuation of the area. 5. The area of annexation is mostly undeveloped; some residential development has taken place nearby on Ennis Creek Road and Baker Street. The topography of the area slopes to the north and forms the ravine adjacent to Ennis Creek which runs south to north. 6. The proposed annexation area is within the Port Angeles Urban Growth Area. 7. The proposed annexation area is contiguous on its west side to the established City limits. 8. The petitioners are selling a small tract of land made up of all the lots in two blocks as commercially zoned property; to facilitate this sale, they are seeking annexation to Port Angeles for the purposes ofrezoning the property to commercial arterial and making urban services from the City available for future development of the property. 9. The nearest City water and sewer are located along US Highway 101. Although the subject property fronts on US Highway 101, only a small section is accessible from the highway, and, as proposed, no streets could access the lower portion of the site. 10. The topography of the proposed annexation area creates an "island" that would be accessible only through unincorporated area and makes servicing the area awkward, if not difficult. 11. The factors considered under RCW 35A. 14.200 in review of annexation proposals include "the configuration of the area, comprehensive use plans and zoning, the likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next ten years, location and coordination of community facilities and services., the probable effect of the annexation proposal or alternatives on cost and adequacy of services and controls in the area, and the effect of the annexation proposal or alternatives on adjacent areas." 12. The area of annexation includes areas likely to be classified by the City's Environmentally Sensitive Areas Protection Ordinance as environmentally sensitive areas and as such will be subject to the regulations of that ordinance. 13. The Port Angeles Comprehensive Plan as amended June, 1997 contains 10 policies (Growth Management Element Policies B 1-10) directly related to annexations and 2 goals, 8 policies, and 1 objective (Conservation Element Goals A-B, Policies Al-2, B1-2, B4-6, B16, and Objective B3) related to unique physical features. 14. The proposed promotional annexation must comply with the City's annexation policies as established in the City's Comprehensive Plan and Resolution 18-78. 70 Annexation Request - MCA 99-01 January 13, 1999 Page 9 Conclusions 1. As conditioned, the proposed annexation is consistent with the City's annexation policies as established in the Comprehensive Plan Growth Management Element (Policies B 1-10) and Conservation Element Goals A-B, Policies Al-2, B1-2, B4-6, B16, and Objective B3 and Resolution 18-78. 2. The City's policies encourage annexation within the Port Angeles Urban Growth Area, which was established to accommodate growth which is expected to occur over the next ten years. 3. There is poor access to the site for urban services, and there are significant topographical features (steep slopes and a stream) on or adjacent to the site. 4. As reviewed by the Planning Department, the area of annexation may propose a challenge to servicing and may not be a logical extension of City services without including more area north to Ennis Creek Road (Front Street), east to Baker Street, and south to the city limits including US Highway 101. 4. As conditioned, the annexation will reduce existing potential for interjurisdictional and service problems by creating an area with better accessibility for City services. 5. Due to the topography of the proposed annexation area and because of Ennis Creek, there is limited development opportunities for the area, and the proposed annexation would likely result in a relatively high cost for urban services. 6. Protection of Ennis Creek and its ravine in the annexation area would be facilitated by an open space Comprehensive Plan land use designation and by a Public Buildings and Parks (PBP) zoning designation for most of the annexation area. 7. As conditioned, necessary rights-of-way will be obtained by the City. 8. A subject area is for sale, and the proposal is, therefore, promotional in nature. 9. As conditioned, the configuration of the area, comprehensive use plans and zoning, the likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next ten years, location and coordination of community facilities and services., the probable effect of the annexation proposal or alternatives on cost and adequacy of services and controls in the area, and the effect of the annexation proposal or alternatives on adjacent areas are found to be adequately addressed. The topographical difficulties in providing urban services and the protection of environmentally sensitive areas can be provided by the City of Port Angeles per the Comprehensive Plan as annexation in the larger Urban Growth Area occurs. 10. As conditioned, the annexation is in the public interest. 71 72 x I t poR WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: February 2, 1999 TO: MAYOR BRAUN AND CITY COUNCIL FROM: Jack Pittis, Director of Public Works and Utilities SUBJECT: Cooperative Service Agreement with U.S. Department of Agriculture [USDA] Issue.' USDA has provided wildlife management services over the last year to alleviate wildlife strike hazards to aircraft in the vicinity of the City landfill and the continuation of these services is important to the continued operation of the landfill. Recommendation: City Council authorize the Mayor to sign the Work Plan/Financial Plan with the United States Department of Agriculture. Summary: An agreement with the United States Department of Agriculture to provide wildlife services is essential for the continued use of the landfill. The expected issuance of the landfill permit relies on the continuance of efforts intended to alleviate wildlife strike hazards to aircraft which might result from the operation of the landfill close to the airport. Background / Analysis: The United States Department of Agriculture has provided services to the City of Port Angeles since January 1998 to alleviate wildlife strike hazards to aircraft in the vicinity of the airport and landfill. The estimated costs for these activities from January 4, 1998 to January 30, 1999 was $38,544. The attached proposed agreement would involve a cost of $40,471 for the period of February 1, 1999 to January 30, 2000. The work involved would be consistent with the Wildlife Hazard Assessment and Management Plan developed by USDA which is the foundation of the City's demonstration of no increase in bird/aircraft strikes as a result of the operation of the landfill. This demonstration is essential for the issuance of the landfill permit by the County. USDA efforts involve an integrated approach of hazing, trapping, and shooting at the landfill, airfield and related areas and are in large measure a significant part of the City's ability to demonstrate that the landfill should receive a permit. Attachment: USDA Work Plan/Financial Plan 75 WORK PLAN/FINANCIAL PLAN COOPERATOR: Port Angeles Public Works Department CONTACT: Jeff Pomeranz (360-417-4500, fax 360-417-4509) COOPERATIVE AGREEMENT NO: 99-73-53-5211-RA ACCOUNTING CODE NO: 97373-53479 LOCATION: Port Angeles Landfill, Airport and vicinity, Port Angeles, Washington DATES: February 1, 1999 - January 30, 2000 OBJECTIVES/GOALS: The United States Department of Agriculture's Wildlife Services (WS) program will work with the City of Port Angeles and the Port of Port Angeles in a cooperative effort (funded by the city) to alleviate wildlife strike hazards to aircraft. This will require a reduction in the number of birds using the airfield and surrounding areas, particularly at the landfill. PLAN OF ACTION: Wildlife Services will provide one full-time Wildlife Specialist to conduct operational control activities at the Port Angeles Landfill, airfield, and surrounding areas. WS will provide the Specialist with a vehicle equipped with radio communications equipment, flashing beacon, and necessary markings for accessing the Air Operations Area (AOA). WS will arrange for the Specialist to obtain training in the appropriate AOA driving procedures and radio communications protocol. The City and Port of Port Angeles will be responsible for providing the necessary security clearances and access to the Landfill and Airport properties. All animal carcasses obtained through activities related to this project will be disposed of in the landfill. WS will compile and maintain detailed records of hazing and control activities and will conduct monthly bird surveys to monitor wildlife populations in areas associated with this project. WS will provide City and Port with verbal reports on at least a quarterly basis. WS will maintain efforts to evaluate habitat changes as a means of controlling bird numbers on and around the landfill/airfield, and will work with the City and Port to implement changes as necessary. A Wildlife Biologist specializing in bird aircraft strike hazards (BASH) will provide technical and operational assistance to the WS Specialist as needed. WS will reduce wildlife hazards through an integrated approach of hazing, trapping, and shooting at the landfill, airfield and related areas that may serve as roosts, rookeries or attractants for problem bird species. In addition to direct control actions, a number of animated and static deterrent devices may be used. 76 WS will coordinate with the City of Port Angeles and the Port of Port Angeles on all matters concerning problem wildlife and WS will serve as liaison between these entities and regulatory wildlife agencies. This project will be monitored by J. Gary Oldenburg, State Director, Olympia, WA (360-753-9884). COST ESTIMATE FOR SERVICES Feb. 1, 1999 - Jan. 30, 2000 Salaries/benefits $31,179 Vehicle Costs 5,880 Supplies 3,412 Total $40,471 NOTE: In accordance with the Debt Collection Improvement Act (DCIA) of 1996, bills issued by APHIS/WS are due and payable within 30 days of receipt. The DCIA requires that all debts older than 120 days must be forwarded to debt collection centers or commercial collection agencies for more aggressive action. Debtors have the option to verify, challenge, and compromise claims, and have access to administrative appeals procedures which are both reasonable and protect the interests of the United States. PORT ANGELES PUBLIC WORKS DEPARTMENT P.O. BOX 1150 321 EAST FIFTH STREET PORT ANGELES, WA 98362 Date UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES Director,~lA/AK/I-I~/Pacifi~lands Dale Director, Western Region Date 77 78 pOR' WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: February 2, 1999 To: MAYOR BRAUN AND CITY COUNCIL FROM: Public Works Department SUBJECT: Public Hearing for consideration of Application for Community Development Block Grant (CDBG) General Purpose Grant Issue: The City's Citizen Participation Strategy [adopted 11/4/97, copy attached] for this type of grant requires a public hearing to announce the availability of CDBG funds and receive public comment on the community's housing and community development needs, including the needs of low to moderate income families. Recommendation: Accept public input at the Public Hearing prior to submitting an application for funds from the Washington State Community Development Block Grant Program to address low to moderate income housing and community development needs. After public comments the Public Hearing should be continued to the February 16th meeting to discuss and approve the final application. Summary: Applicants for Washington State Community Development Block Grant (CDBG) funds are required to conduct a public hearing prior to submitting an application. The purpose of the hearing is to inform citizens of the range of activities that may be undertaken, to obtain the views and respond to the proposals of citizens, to inform citizens of the proposed use of the funds, and to obtain the view of citizens on the proposed use. Background / Analysis: In the last several years, the City has utilized CDBG funds for a variety of projects including development of our Senior Citizens and Community Center ($500,000), planning for the housing rehabilitation program ($24,000) and planning for the new foodbank ($17,600). Under CDBG General Purpose Grants, Phases I, II, III and IV the City has received $2,500,000 of which $250,000 from Phase IV will benefit the Lee Hotel Project. See the attached Housing Rehabilitation Program Activity Summary Table for a listing of the previous programs. The Washington State Community Development Block Grant Program is a flexible source of funding for a broad range of community development activities. The purpose of the CDBG Program is to improve and maintain the economic and physical environment of cities and counties in order to enhance the quality of life for low to middle income residents. CDBG funded projects must meet one of three objectives: * To principally benefit persons of low income; 79 City Council - CDBG Grant February 22, 1999 Page 2 * To prevent or eliminate slums or blight; * To meet urgent community development needs posing immediate threat to public health and safety. Two types of CDBG grants are available. Planning-Only Grants (up to $24,000) may be used for a variety of planning activities. General Purpose Grants (up to $750,000) may be used for projects involving housing, economic development, community facilities, public facilities, or a combination. Applying for both CDBG grants during the same funding year is allowed. Attachments: o:o Notice of Public Hearing · ~o Resolution Adopting Strategy o:o Housing Rehabilitation Program Activity Summary Table oIo Public Hearing Handout G:\EXCHANGE\CNCLPKT~PUBWKS\C DBG#5 - 1 .WPD 80 W A $ H I'-N'G'i' O N; U, $. A. CITY MANAGER'S OFFICE NOTICE-OF PUBLIC HEARING NOTICE IS HEREBY GIVEN'that thc.'CitY Council of the City.0f Port Angeles will hold a publi6 hearing.on'Tuesday, February 9., 1999, at 7:00 p.m.,, or soon thereaiter, at City Hall, 321 East:$th Street,. for.thc purpose of~ec¢ix, ing public input Sp~ci.fic to thc submission of a CDBG General Purpose Grant for Phase V ofth.e Housing Rehabilitation Program. All interested parties are encouraged to appear at the h. earing'and express their opinion, on this grant application: The City Hall is acc¢.ss~le for persons with disabi~ties. Please contact tho City.Clerk, 417~4634, if.ygu:will n¢¢c~, any SPegial accommodations tO attend the meeting .. Becky $. Upton City Clerk·" Publish in Legal and'B10ck Ad Form: January'26:1999 321 EAST FIFTH'STREET · P. O, BOX ! 150 · PORT ANGELES, WA 98362-0217 PHONE: 360-417-4500 · FAX: 360-417~4509 · TTY: 360-417-4645 RESOLUTION NO. 13-97 A RESOLUTION of the City Council of the City of Port Angeles, Washington, establishing, a public participation process for the consideration of community development block grant applications and proposals. WHEREAS, the City of Port Angeles has successfully applied to the State of Washington for community development block grants in the past and is interested in doing so in the future; and ~ i WHEREAS, given the significant results that have and can be achieved using CDBG !funds, it is in the public interest for the City to make sure that it is able to meet the various pplication requirements for community development block grants; and ,! WHEREAS, one important CDBG requirement that the City wants to make sure that it complies with is to have and follow a viable public participation process; and !i WHEREAS, the attached public participation process that the City intends to follow will !~rovide the public with meaningful opportunities to comment and participate in the process of i ~levelop~ng, submitting, and implementing community development block grant applications; · NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port amgeles as follows: Section 1. The City Council hereby adopts the public participation process for .:°mmunity development block grant applications as set forth in the attached Exhibit A and commits .lo following this process in the development, submission, and implementation of community development block grant applications. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 4th day of Nove/x~.mbe~. ~ '"~/ ~t A~ O R - ' ATTEST: Becky S. Up~4n, (}i~y Cl~rk/- -- APPROVED AS TO FORM: 8 2 CITY OF PORT ANGELES Citizen Participation Stretegy For Seeking and Obtaining Community Development Block Grent Funds INTRODUCTION: The City of Port Angeles Citizen Participation Stretegy Plan is a document required by the Washington State Community, Trade and Economic Development Block Grant (CDBG) Progrem. The Citizen Participation Strategy Plan is intended to guide the City's citizen participation activities whenever it prepares to submit an application for CDBG funds. The City must delineate how it will involve its citizens in the CDBG application process and comply with the specific CDBG citizen participation requirements. PRE-SUBMISSION PUBMC HEARING.REQUIREMENTS: To ensure that sufficient public notice is made, the City of Port Angeles will convene a public hearing prior to proposal submission. Reasonable notice of hearing will be published and accommodations made within local public headng standards. ANNOUNCEMENT OF AVAILABIETY OF CDBG FUNDS: The headng will take place during a regularly scheduled council meeting for the purpose of informing interested citizens and greups of the availability of CDBG funds, the range of CDBG eligible activities including those of interest to persons with special needs and/or Iow and moderate income (LMI), the pdontization of community development and housing needs, the availability and types of technical assistance City Staff can previde, local and CDBG due dates, and the dates preposals will be open for local public review. Statements of intent to submit, application to the City for sponsorship, and citizens comments and questions will be solicited. The hearing will be continued to take place during a regularly scheduled council meeting for the purpose of soliciting citizen and agency comments regarding preposals requesting sponsorship by the City. The headng will be held pdor to the council's choice of proposal and recommendation for submission to the CDBG pregrem. RESPONSE FOR REQUESTS FOR ASSISTANCE: During the public headng, the City will inform individuals and groups interested in submitting proposals of the availability and types of technical assistance the City staff can provide, such as referral to CDBG Program Staff and published CDBG Application Guidelines, Public Hearing requirements, and submission of the sponsored proposal and copies to the CDBG Program prior to the application deadline. Individuals and agencies will be responsible for submitting the odginal proposal and designated numl~er of copies to the City by the local deadline. If awarded, the sub-grentee will receive guidance concerning compliance and record keeping, quarterly and final report review, and report submission to the CDBG program. REVIEW OF COMMUNITY DEVELOPMENT AND HOUSING NEEDS: The City has completed its comprehensive plan which addresses a wide renge of community development and housing needs. The City will also participate in the development of the two county housing needs assessments developed through a planning only grant. These documents wiii be used in the decision making process to determine which needs to address W~th CDBG proposals. OPPORTUNITIES TO COMMENT ON A PROPOSAL: Interested individuals and groups may comment on proposals submitted to the City for sponsorship to CDBG. Interested individuals and groups may comment on CDBG Program proposals submitted to the City for sponsorship. The public hearing, held during a regularly scheduled council meeting, will provide a means for timely input before the City Council, especially from those who reside in areas in which CDBG funds are proposed to be used, who are Iow to moderete income, and who have special needs, or those considered stakeholders. In addition, this hearing will be used to ensure there is broad-based support for projects and to inform the public of the grievance procedure. ONGOING CITIZEN PARTICIPATION (POST-AWARD): When funded, a CDBG proposal will be open to public review and comment. The award and opportunity for ongoing comment will be announced in the local media prior to the implementation of a project. Citizens affected by a proposed project will have an opportunity to contribute to, comment on, or be involved in project activities through written documents submitted to the Port Angeles City Manager or by comment during the appropriate time at regularly scheduled City Council meetings. A second public hearing will be held prior to grant dose-out to assess a project's performance. An additional hearing will be held if there is a significant change in a project's scope. GRIEVANCE PROCEDURE: The City will review and resolve grievances related to a CDBG funded project in accordance with the following grievance procedure. Citizens will be provided the name, address, and phone number of a contact person who will receive grievance notifications and comments. The City Manager will designate the CDBG grievance contact person for the City. Response to complaints and grievances will be addressed in writing within 15 working days where practical. Any disagreement with the grievance response may be appealed to the City Manager, whose decision shall be final. The grievance procedure W~ll be posted at City Hall on the public bulletin board and be kept on file at Port Angeles City Hall and in the sub-grantee's location. Housing Rehabilitation Program Activity Phase I PA September 1993 - April 1995 Households IInd±v±dualI served s served Number Amount Loans .~<<.>>>>>>>>>>>>>>>>>>>>>>>>>~.>~ 23 $379,459 Emergencie~:i[i[i:i~![![![!~i~![!~i~i:!:!i!:i~i~i:i[!:i~i:ili:i:i[i[i~i2 26 $65,179 Access >:->>:->>F:<.>>~.~->>>>>>>>:.>>>:.>>>> 4 $9,607 # Served Match 176,262.49 53 $454,245 Phase II PA May 1995 - July 1996 Households IIndividuals served served Number Amount Emergencie~i~i~i~i:i2ili~i[i:i~i[ili[i~ilili~i~i~i:i~i~i:i~i[ili~i[ili~i 14 $36,149 Access :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 9 $15,268 # Served ............. ~1 ............ Match 92,604.53 I. 44 $421,052 Phase III PA July 1996 - December 1998 Households IIndividuals{ served ~e~v?~ .... Number Amount Loans :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 29 $535,939 ~andicap :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Access :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ............................... 16 $42,252 # Served 649.6604 132 Match 188, 80 $707,408 Phase IV PA September 1998 - December 2000 Households JIndividuals served served Number Amount Loans '.'.'.'.'.'.'.'.'-'-'.'-'-'.'-'.'.'.'.'.'.'.'-'.'.'-'-'.'-'-'- 3 $34,386 Emergencie~iJJ~[J~i[ii[[iJi[J2~i~:][Ji[~ii~J~i~[[~iiliJ[[i:: 6 $11,483 Access .'.'.'.'-'.'.'.'.'.'.'.'.'.-.'.'.'.-.'.'.'.'.-.'.'.-.......... 2 $5,900 # Served ............. Match 28,000.00 ~ 11 $51,769 Port Angeles Totals September 1993 - December 1999 Households Individuals served served Number Amount Loans :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 76 $1,319,419 Em-rgencie~:i:i:i:i:i:i:i:i:i:!:i:i:i:i:i:i:i:i:!:i:i:i:i:i:i:i:i:i:i:i: 81 $242,029 Hand~cap Access :':':':'?:':':':':':':':':':':':':':':':':':':':':':':':':' .................... 31 $73,027 # Served i .... X~I ....... "~'k~l Ma~c~ J 48~,516.66 J 188, $1,634,474I __ Total Matching Funds: $485,835.66. Figures do not ~eflect the Lee Hotel. -- Matching funds are funds other than the CDBO funds u~ed to ¢ompkte -- the project. Sources are USDA/FMHA funds, P~nt the Town, City -- Weather~ation, CAC Minor Home P, epa~ and Weather~ation, ~ homeowne~/£amily funds, Washington State (DOPES funds through O3A, and PA City CDBG loan repayment funds. ! 84 PUBLIC HEARING HANDOUT Communi Development Block Grant (CDBG) Program Introduction: The WashinGton State Small Cities CDBG Prcx3ram is designed to fund local housinG, public and community facili~es, economic development, and planning projects which principally benefit Iow- and moderate-income households.* NI local projects must meet at least one of three national obje~ves of this federal-funded program (Title 1, Housing and Community Development Act of 1974. as amended), which are to: · Principally benefit persons of iow-income · Prevent or eliminate slums or blight; or · Meet urgent community development needs which pose a serious and immediate threat to public health or safetY. Eli§ible applicants for the Washin§to.n State Small Cities CDBG Pro, mm are cities and towns with less than 50,000 in popula~ons or counties with less than 200,000 in populations provided the cities, towns, and counties do not pa~cipate as members of HUD Urban County Consortlums. Indian tribes and special purpose organizations such as public housing , authorities, port districts, community action agencies, and economic development councils, are not eligible to apply directly to the CDBG.Progmm for funding. However, eligible jurisdictions may choose to involve Indian tribes within their jurisdiction or to involve other organizations in activities funded by a granL Available General purpose Grants $8,000,000 Grants: · The General Purpose Program is one of several CDBG programs that award funds to eligible jurisdictions. It is operated on an annual grant cycle during which eligible applicants may request up to $750,000. for local housing, public facilities, community facilities, or economic development projects principally benefiting Iow- and moderate- income persons. Important Dates: Application Workshops: De. camber 9 and 15, 1998 Applications Due Date: February 25, 1999 Awards Announced: During Apd11999 For more information about CDBG Programs phone (360) 586-0869. 47 86 WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: February 2, 1999 TO: MAYOR BRAUN AND CITY COUNCIL FROM: Brad Collins, Planning Director SUBJECT1 Municipal Code Amendment MCA 98-05 Issue: The Zoning Code language for nonconforming structures and substandard lots is ambiguous and should be clarified. Recommendation: Adopt the Municipal Code Amendments as recommended by the Planning Commission, citing the six findings and four conclusions. Summary: In reviewing the language in PAMC Section 17.95.030 and Section 17.96.040, differing interpretations can be made that have led to confusing application to a recent permit. The amendments are intended to clarify and eliminate the ambiguities consistent with the purposes of the Zoning Code. The public interest will be served by making the Zoning Code requirements more clear. Background / Analysis: In reviewing a permit application for restoration of a commercial building, City staff and the applicants could not agree on how the nonconforming structures and the substandard lots sections of the Zoning Code should be read when taken together. After legal counsel review, the issue was resolved by taking the applicant's interpretation and allowing a nonconforming structure to be reconstructed. The intention of the Zoning Code, which is supported by case law, is to bring nonconforming structures into compliance with the Code requirements but to allow for grandfathering structures and lots that were legally created before a particular requirement(s) were adopted. The nonconforming structure and substandard lot sections limit when and where noncompliance can be maintained. The revised language for both sections clarifies the intent of these two Zoning Code sections to limit noncompliance. Attachments: Ordinance Excerpt of 1/13/99 Planning Commission Minutes Staff Report 87 88 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending provisions in the Zoning Code regarding nonconforming buildings and substandard lots and amending Ordinance 1709 as amended and Chapters 17.08, 17.95, and 17.96 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Ordinance 1709 as amended and Chapter 17.95 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.95.030 to read as follows: 17.95.030 Nonconforming Building or Structure. A. Enlargement and-Extension. An existing legal building or structure that does not comply conform with zoning and building code requirements shall not be enlarged or-extem~, if such enlargement ~ results in an increase in the degree of noncomptima~ conformance. B. Restoration and Reconstruction. nforming ply ---:"- "- - 1. When a legal nonco building or structure "--' -1--- not coiii wiu~ l~,uv,~,u~,~ u, ~,,~, ~,,,,~,~,,,~ ,s damaged or demolished to an extent that docs not exceed 75% of thc cxistin§ assessed value of thc building or structure for tax purposes, said building o~ structure may be restored or reconstructed~ providing: al-. Restoration or reconstruction is started within nine (9) months and is completed within 18 months of the date of that damage or demolition occured, or, if such date is unknown, then the date that the damage or demolition is reported, or reasonably capable of being reported, to the City. -1- 2 e. ~en a legfl noncoffo~g b~g or structure '~-' ]- -- not ....... '..... ,.1- .1-- ~ump~y p,.v,~,.,,.., .,.~ ,.~u,a...~ is dmaged or demolished to an emem that exceeds 75% of the e~sting assessed value of the building or structure for t~ purposes, said building or structure may be restored or re~nstmcted, providing it co~orms to fll ~ construction code ~d zo~ng re~lations of the zone in w~ch it is located~.~.[~,-' ...... ~~,~--],~,~-~-,~, ....... v,-*,~,,,~.:":--': ~LUI ~U~II 1G~1 11~ UG~11 ~UllI~I~L~ Ll1~ UU11UIII~ ~1 P~ I~IG~ U1 The e~ent ofdmage to or demofifion of a nonconfo~ng building or structure sh~l be dete~ed by the Building Officifl. '~.,~- ~- ~: .... ~'~ ........ :---s, If g~ xmum~ ux tm~. app~ axa~x any a eyed pray disputes the Bufldhg Offid~'s dete~nation of the ement of the damage or demolition, then a panel oft~ee state-licensed ~cht~engineers, one to be chosen by the City, one by the building omer, and the t~rd by the first two ~ arc~tects/engineers, shall make a final detemation of the e~ent of the damage to or demolition of the nonco~o~ng building or structure. M1 costs incu~ed in obt~ng ~ t~s ~ dete~nation are to be paid by the ~ aggrieved paay. C~ Minor Repairs. A legal nonco~o~ng building or structure may have ~nor repairs peffomed as needed to maintain the building in a safe condition. D. Nonconformance as a Result of Annexation. All above regulations shall apply to each nonconforming structure or building which comes within the City by means of annexation. Section 2. Ordinance 1709 as amended and Chapter 17.96 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.96.040 to read as follows: 17.96.040 Substandard Lots, Recorded Lots. ~. When a lot has less than the minimum required area, or width-m'-dept~n any zone, and said lot was of record on the effective date of these Zoning Regulations, such lot shall be deemed to have complied with the minimum required lot area or ;-width,-orrlepth in such zone. B. A legal building or structure may be permitted on said lot of record providing it meets all othe,,, u,,L, and,~,~ ~L,~, y,~,, requirements for such zone. Section 3. Ordinance 1709 as amended and Chapter 17.08 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.08.030, PAMC 17.08.065, and PAMC 17.08.090 to read as follows: 17.08.030- "E" A. Enlargement - An increase in the size of an existing structure or use, including physical size of the property, building, parking, and other improvements. Pig_. Environmentally Sensitive Area - an area which includes any of the following critical areas and ecosystems: wetlands, streams or stream corridors, frequently flooded areas, geologically hazardous areas (erosion, landslide, or seismic hazard areas), significant fish and wildlife habitat areas, and locally unique natural features (ravines, marine bluffs, or beaches and associated coastal drift processes). (Ord. 2861 §1 (part), 3/17/95) t~C. Erected - construction of any building or structure or the structural alteration of a building or structure, the result of which would be to change the exterior walls or roof or to increase the floor area of the interior of the building or structure. (Ord. 2861 § 1 (part), 3/17/95; Ord. 2652 §1 (part), 9/27/91~ Ord. 1709 §1 (part), 12/22/70) ED. Establishment, Business or Commercial - a place of business carrying on an operation, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot. (Ord. 2861 § 1 (part), 3/17/95~ Ord. 2652 § 1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70) /~E. Existing (pre-existing) - a use, lot, or building that existed at the time of the passage of these Regulations. (Ord. 2861 §1 (part), 3/17/95; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 § 1 (part), 12/22/70) 17.08.065 -"L" A. Landfill, Sanitary - an area devoted to the disposal of refuse, including incineration, reduction, or dumping of ashes, garbage, combustible and non-combustible refuse, and industrial solid wastes. (Ord. 2861 §1 (part), 3/17/95) B. Legal Building, Structure, Land Use - any building, structure or use of the land that complies with all zoning requirements. (Ord. 2861 §1 (part), 3/17/95; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70) C__~. Legal Nonconforming Building or Structure - A legally established building or structure which met the applicable zoning code requirements in effect at the time the building or structure was constructed, but which fails by reason of such adoption, revision or amendment of the Zoning Code, to conform to the present requirements of the zone in which it is located. t3D. Level of Service - an established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need. (Ord. 2861 §1 (part), 3/17/95) t)E. Lot - a lot is a zoning lot, except as the context shall indicate a lot of record, in which case a lot is a "lot, of record". (Ord. 2861 §1 (part), 3/17/95; Ord. 2652 §1 (part), 9/27/91; -4. Ord. 1709 8! (part), 12/22/70) ]3F. Lot Area - the total area within the lot lines of a lot, excluding any primary access easements or panhandles. (Ord. 2861 81 (part), 3/17/95; Ord. 2796 82, 2/11/94) FG. Lot, Comer - a lot situated at the intersection of two or more streets. (Ord. 2861 81 (part), 3/17/95~ Ord. 2796 82, 2/11/94; Ord. 2652 81 (part), 9/27/91; Ord. 1709 81 (part), 12/22/70) ~3H. Lot, Reverse Comer - a comer lot in which the rear property line coincides with the side property line of an abutting lot. (Ord. 2861 81 (part), 3/17/95~ Ord. 2652 81 (part), 9/27/91; Ord. 1709 81 (part), 12/22/70) I~_. Lot, Through - a lot having two opposite lot lines abutting public streets which are usually more or less parallel to each other; not a corner lot. Both lot lines abutting streets shall be deemed front lot lines. (Ord. 2861 81 (part), 3/17/95~ Ord. 2652 81 (part), 9/27/91; Ord. 1709 81 (part), 12/22/70) H. Lot, Zoning - a single tract of land located within a single block, which at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. A zoning lot may or may not coincide with a lot of record. (Ord. 2861 81 (part), 3/17/95; Ord. 2796 82, 2/11/94; Ord. 2652 81 (part), 9/27/91; Ord. 1709 81 (part), 12/22/70) JI~_. Lot Line, Front - that boundary of a lot which abuts a street. When two or more boundaries abut a street, the boundary with the narrowest width shall be considered the front lot line, unless otherwise specified on a plat. On a panhandle lot, the front lot line and setbacks shall be determined during the subdivision approval process, or, if not determined during subdivision review, shall be determined by the Planning Director. (Ord. 2948 85 (part), 2/14/97; Ord. 2861 81 (part), 3/17/95; Ord. 2796 82, 2/11/94; Ord. 2652 81 (part), 9/27/91; Ord. 1709 81 (part), 12/22/70) 9:3 t~_. Lot Line, Rear - that boundary of a lot which is most distant from and is most nearly parallel to the front lot line. (Ord. 2861 81 (part), 3/17/95; Ord. 2796 82, 2/11/94; Ord. 2652 81 (part), 9/27/91; Ord. 1709 81 (part), 12/22/70) /~M. Lot Line, Side - any boundary of a lot which is not a front nor a rear lot line. (Ord. 2861 81 (part), 3/17/95; Ord. 2796 82, 2/11/94; Ord. 2652 81 (part), 9/27/91; Ord. 1709 81 (part), 12/22/70) MI&I_. Lot Coverage - the amount or percent of the ground area of a lot on which buildings are located. This amount/percent shall include all buildings which are partially or totally enclosed and covered by an impervious roof, including any garages, carports, covered patios, and cantilevered portions of a building, and structures covered by an impervious roof even if not fully enclosed. Lot coverage does not include the first horizontal 30 inches of the roof overhang nor does it include uncovered decks and porches not higher than 30 inches from the ground. (Ord. 2956 81, 4/25/97; Ord. 2861 81 (part), 3/17/95; Ord. 2796 82, 2/11/94) t~O. Lot of Record - a parcel of land that is registered as a lot or parcel of land in the records of the County Auditor. (Ord. 2861 81 (part), 3/17/95; Ord. 2796 82, 2/11/94; Ord. 2652 81 (part), 9/27/91; Ord. 1709 81 (part), 12/22/70) OP. Lot Width - the horizontal distance between side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines, or at the front setback line, provided the average horizontal distance between side lot lines must also meet or exceed the minimum lot width required. (Ord. 2861 81 (part), 3/17/95; Ord. 2839, 10/14/94; Ord. 2796 82, 2/11/94) 17.08.090- "R" A. Reclassification - a change in zoning boundaries upon the zoning map which is an official part of these Zoning Regulations. (Ord. 2652 81 (part), 9/27/91; Ord. 1709 81 (part), 12/22/70) B~ Reconstruction - the act of constructing again. BC. Recreation Facility or Area, Non-Commercial - a facility or area for recreation purposes, such as a swimming pool, park, tennis court, playground, or other similar use operated and maintained by a non-profit club or organization. (Ord. 2652 81 (part), 9/27/91~ Ord. 1709 81 (part), 12/22/70) 13D. Residence - a building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings. The term "residence" includes the term "residential" as referring to the type, or intended use, of a building. (Ord. 2652 81 (part), 9/27/91; Ord. 1709 81 (part), 12/22/70) t~E_. Residential Care Facility - a residential facility that provides care for at least five (5) but not more than fifteen (15) people with functional disabilities and is as defined in RCW 70.128.175 and as required to be licensed by the State as a "Boarding Home" pursuant to Chapter 18.20 RCW. (Ord. 2948 85 (part) 2/14/97; Ord. 2652 §1 (part), 9/27/91) F~ Restoration - the act of putting back or bringing back into a former or original state. E__G. Roof- a structure covering any portion of a building or structure, including the projections beyond the walls or supports. (Ord. 2948 85 (part), 2/14/97; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 81 (part), 12/22/70) Section 4 - 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 Ordinance to other persons or circumstances, is not affected. Section 5 - Effective Date. This Ordinance shall take effect five days after the date of publication. PAS SED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 2nd day of February, 1999. MAYOR ATTEST: APPROVED AS TO FORM: Becky J. Upton, City Clerk Craig D. Knutson, City Attorney PUBLISHED: By Summary MCAgB05.WPD Planning Commission Minutes - January 13, 1999 Page 5 MUNICIPAL CODE AMENDMENT - MCA 98-05 - City of Port Angeles, City wide: Proposal to amend the provisions regarding nonconforming structures and substandard lots. Senior Planner David Sawyer reviewed the Planning Department's staff report proposing to amend the Port Angeles Municipal Code with regard to nonconforming structures and substandard lots. The Commissioners undertook a lengthy discussion as to what degree a structure could be damaged without the need to restore or reconstruct in compliance with current regulations. Discussion then took place as to what evaluation methods would be used to ascertain whether damage more than seventy-five percent had occurred. It was agreed that the zoning regulations intend to allow some restoration or reconstruction of nonconforming structures, however, it was also understood that the perpetuation of nonconforming situations is not the intent of the zoning ordinance. Chair Reed opened the public hearing. There being no public testimony, Chair Reed he then closed the public hearing. The Commission began a detailed discussion as to how a structure would be evaluated for damage and restoration or reconstruction, who would pay for the assessment, appeal provisions, and structural versus minor repair. It was explained by Director Collins that no matter how the building exceeds seventy five percent damage or demolition, the resulting structure shall conform to current construction and zoning standards. With deletion of a section that specifically addressed minor repair and changing wording in the appeal section to indicate that an aggrieved party may appeal a determination, Commissioner Souders moved to recommend that the City Council amend the Port Angeles Municipal Code as proposed citing the findings and conclusions listed below: The motion was seconded by Commissioner Craver and failed 1 - 5 with Commissioner Craver voting for the motion. Commissioner Souders amended her original motion to include the provisions for minor repairs without the wording "non structural" (Section 17.95.030(2)(C)) which was deleted from the previous motion citing the following findings and conclusions below: 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 97 Planning Commission Minutes - January 13, 1999 Page 6 2. An Adoption of an Existing Environmental Document and Determination of Non Significance was issued for the proposal on December 8, 1998. 3. The purpose of a typical nonconforming code section is to provide a way for owners of legal nonconforming structures to use their buildings for the normal expected service life of the building while protecting the integrity of the property's zone and insuring eventual compliance with its regulations. 4. Section 17.95.030 permits, rather than prohibits the perpetual reconstruction of a legal nonconforming building unless it is damaged to an extent that is valued greater than 75% of its assessed value. 5. Section 17.96.040 recognizes lots as legal that were created prior to adoption of the City's Zoning Code and do not meet the Code's area or width requirements. It further states that a legal building may be permitted on such a lot if it meets the required front, side, and rear yard setbacks. 6. As the Code is worded, it exempts a building on a substandard lot from height and lot coverage requirements. Conclusions: A. The proposed amendments are general in nature and benefit the public as a whole rather than a single property owner. B. The proposed amendments are necessary to protect the integrity of the City's Zoning Ordinance, particularly the area and dimensional requirements of its various zones. C. The proposed amendments are consistent with Comprehensive Plan Land Use Policy Cl. D. The proposed Municipal Code amendments are in the public use and interest. The motion was seconded by Commissioner Craver and passed unanimously. 98 WASHINGTON, U.S.A. PLANNING DEPARTMENT STAFF REPORT DATE: January 13, 1999 TO: Planning Commission FROM: David Sawyer, Senior Planner RE: MCA 98-05 APPLICANT: City of Port Angeles LOCATION: City Wide REQUEST: Amendment to Municipal Code Regarding Nonconforming Structures/Uses and Substandard Lots BACKGROUND/DISCUSSION: During the review of various building permits during the past year, staff discovered several areas of concern in the sections of the Municipal Code that deal with nonconforming structures and substandard lots. As you know, each zone in the City has a set of area and dimensional requirements by which new development must conform. These standards for development have been established with the purpose and intent of each zone in mind and are the means that assures new development will further that purpose and intent. Existing development that does not conform to the standards of the zone in which it is located is considered nonconforming and is subject to the special section of the Code that addresses such situations. These sections of the Code and staWs concerns are discussed below. Nonconforming Structures Section 17.95.030 addresses nonconforming structures or buildings. The purpose of a typical nonconforming code section is to provide a way for owners of legal nonconforming structures to use their buildings for the normal expected service life of the building while protecting the integrity of the property's zone and insuring eventual compliance with its regulations. When a nonconforming 99 Planning Department Staff Report Page 2 of MCA 98-05 (Nonconforming Structures and Lots) building has deteriorated to a point where normal maintenance and minor repairs cannot keep the building in a safe condition, it is expected that any substantial repairs or reconstruction will be in compliance with the standards of the zone in which it is located. As well as insuring that a building's nonconformity will not be perpetuated through repeated major repairs and reconstruction, enlargement of the building is also prohibited. Provisions are usually included to deal with situations where the normal service life of a building is shortened by sudden unexpected damage. In this situation, a threshold level of damage is often established below which repairs may be made without having to conform to the new standards. While working with the City's Code it was determined that Section 17.95.030 permits rather than prohibits the perpetual reconstruction of a legal nonconforming building unless it is damaged to an extent that is valued greater than 75% of its assessed value, in which case the reconstruction of the building must conform to current standards. The City's Code does allow for a one time reconstruction of a damaged portion of a nonconforming building if the damage is less than the 75% threshold. This not only creates a difficult record keeping situation for staff and a conceivably unfair restriction on a property owner who is unfortunate enough to have his/her building struck by lightning more than once, the Code confusingly permits unlimited reconstruction if a building has deteriorated over time and limits reconstruction if it is damaged by a particular event. To address these issues and update the City's Code in a manner consistent with typical nonconforming regulations, staff is recommending the amendments to Section 17.95.030 included in Attachment A. Substandard Lots The Municipal Code also includes a section that addresses nonconforming or substandard lots. The Code recognizes lots as legal that were created prior to adoption of the City's Zoning Code and do not meet the Code's area or width requirements. The Code further states that a legal building may be permitted on such a lot if it meets the required front, side, and rear yard setbacks. As the Code is worded, it exempts a building on such a lot from other development requirements such as height and lot coverage. Staff is recommending this section be amended to require these other regulations as well as the setback regulations. These changes are also included in Attachment A. Related Definitions To aid in the interpretation and understanding of the these sections, staff is recommending that certain key terms be added to the Code. These terms, which include enlargement, reconstruction, restoration, and legal nonconforming building or structure, are included in Attachment A. RECOMMENDATION: Based on the following findings and conclusions, the Planning Department recommends that the Planning Commission recommend the City Council approve MCA 98-05 amending the Port Angeles Municipal Code as noted in the January 13, 1999, Planning Department StaffReport for MCA 98-05. 100 Planning Department StaffReport Page 3 of MCA 98-05 (Nonconforming Structures and Lots) 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 should be consistent with the Comprehensive Plan and its land use map." 2. An Adoption of an Existing Environmental Document and Determination of Non Significance was issued for the proposal on December 8, 1998. 3. The purpose of a typical nonconforming code section is to provide a way for owners of legal nonconforming structures to use their buildings for the normal expected service life of the building while protecting the integrity of the property's zone and insuring eventual compliance with its regulations. 4. Section 17.95.030 permits, rather than prohibits the perpetual reconstruction of a legal nonconforming building unless it is damaged to an extent that is valued greater than 75% of its assessed value. 5. Section 17.96.040 recognizes lots as legal that were created prior to adoption of the City's Zoning Code and do not meet the Code's area or width requirements. It further states that a legal building may be permitted on such a lot if it meets the required front, side, and rear yard setbacks. 6. As the Code is worded, it exempts a building on a substandard lot from height and lot coverage requirements. Conclusions: A. The proposed amendments are general in nature and benefit the public as a whole rather than a single property owner. B. The proposed amendments are necessary to protect the integrity of the City's Zoning Ordinance, particularly the area and dimensional requirements of its various zones. C. The proposed amendments are consistent with Comprehensive Plan Land Use Policy Cl. D. The proposed Municipal Code amendments are in the public use and interest. MCAgg05.PC1 101 102 WASHINGTON, U.S.A. CIT;Y COUNCIL MEMO DATE: February 2, 1999 To: MAYOR BRAUN AND CITY COUNCIL FROM: Patrick Ibarra, City Manager SUBJECT'. City Manager's Report UPCOMING MEETINGS FEBRUARY: City Council meeting Tuesday, February 2 5:30 p.m. Gateway Center Project Committee meeting Wednesday, February 3 10:00 a.m. Soroptimist Jet-Set - Patrick to speak - Sr. Center Thursday, February 4 7:00 a.m. EDC Annual Meeting Thursday, February 4 6:00 p.m. Heart Day ~ City Hall (Sponsored by Fire Dept.) Saturday, February 6 All Day 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. Newcomer's Club - Patrick to speak Thursday, February 11 Noon President's Day Monday, February 15 Offices closed 103 City Council meeting Tuesday, February 16 7:00 p.m. City & PUD meeting Wednesday, February 17 1:30 p.m. Boards & Commissions Appreciation Night Wednesday, February 17 7:00 p.m. Channel 21 Advisory Committee Thursday, February 18 3:30 p.m. Parks, Rec Beautification meeting Thursday, February 18 7:00 p.m. City Breakfast - Sr. Center Friday, February 19 7:00 a.m. Peninsula RTPO meeting Friday, February 19 1:30 p.m. Downtown Forward Advisory Committee Monday, February 22 7:00 a.m. Chamber Luncheon - Mayor Braun to speak Monday, February 22 Noon Solid Waste Advisory Committee Tuesday, February 23 3:00 p.m. Planning Commission Wednesday, February 24 7:00 p.m. AWC Conference-Olympia Wednesday, February 24 & Thursday, February 25 KONP Home Show Saturday, February 27 and Sunday, February 28 9:00 a.m. MARCH: Board of Adjustment Monday, March 1 7:00 p.m. City Council Meeting Tuesday, March 2 5:30 p.m. Gateway Center Project Meeting Thursday, March 4 8:15 a.m. National Lca§uc of Cities Conference - WA, D.C. Fri. - Tues., March 5 - 9 Out-of-Town Utility Advisory Committee Monday, March 8 3:00 p.m. Law Enforcement Advisory Board Tuesday, March 9 7:00 p.m. 104 ANNUAL REPORTS The annual reports for the Fire was included in your mailbox on Thursday, January 28. Due to problems with the printer, the report for the Police Department will be distributed at the February 2 meeting. I encourage your reading of these comprehensive documents as I believe they provide valuable insight into the particular department's activities for 1998. COUNCIL RETREAT As discussed, I believe it would be extremely beneficial to schedule a retreat for the purposes of examining in greater detail, various projects and issues, with the intent to prioritize the items. Most likely it will be necessary to schedule more than one, but the second one will occur three to four weeks after the first one. I would like to identify the date and time for the first one at Tuesday's meeting. I know some Council members would prefer to hold it on a Saturday and others would not, so we will have to arrive at an agreed upon date at Tuesday's meeting. I would suggest the first one be held either Saturday, February 20, all day or split it into two evenings, Monday, February 22 and Tuesday, February 23. JOINT MEETING WITH PORT OF PORT ANGELES Chris Anderson and I are still in the process of selecting a date for the two governing bodies to meet, February 22 was initially selected until Chris discovered one of the Commissioners would be out of town. Anticipating Council's preference for having all three Commissioners in attendance, I suggested an alternative date. Due to vacation schedules and such, it appears the meeting will not be held until early-to-mid March. I will report the meeting date as soon as it's finalized. UPDATE ON SEARCH FOR NEW PUBLIC WORKS & UTILITY DIRECTOR The Waldron Company has completed the Position Profile and a copy was provided in your mailbox on Friday, January 29. The position is currently being advertised and the deadline for submitting resumes is Friday, February 26. Bob Coons and I will meet with Fred Pabst of the Waldron Company on Friday, March 5 to review Fred's initial report on the candidates and select a list of semi-finalists who will receive a supplemental questionnaire for further screening purposes. As developments occur, I will report those to Council. SOROPTIMIST GIFT On Thursday, January 21, I was presented a check from Council member McKeown for $5,000 from the Soroptimist Jet Set Group to fund development of a living octopus sculpture (topiary) to be placed at the City Pier. While the club has donated $5,000 toward this development the home builders group has volunteered to conduct the necessary construction. Andrew May, who consults with the Parks Dept., has offered to assist with maintenance of such a display. Staff has presented this to the Park Board who have supported the project. It presents a natural tie, and tremendous opportunity to continue to enhance the City Pier as well as the Marine Life Center. 105 LANDFILL PERMIT On Thursday, January 28th, the City received the landfill operating permit for Cell #3. Construction of Cell #3 started last summer and was completed in November 1998. This permit replaced the Compliance Order issued by the County which allowed us to operate beyond October 9, 1998 and is in effect until Feb. 15, 2000, when it will need to be renewed. The permit relied upon the City's completion of the bird hazard demonstration which showed no significant hazard for bird/aircraft strikes as a result of the City's operation of the landfill close to the airport. The permit requires that the efforts to address wildlife mitigation at the landfill and airport be continued during the life of the permit. UNITED WAY On Thursday, January 28, Mayor Braun, Council member Campbell, Chief Ilk and myself attended the Annual Meeting and 1998 Campaign Celebration. The grand total of funds raised was $820,710, the highest amount ever. I accepted the Silver award on behalf of City employees which was presented since we had the second largest donation for employers with 100 to 200 employees. As reported in the January 19 City Manager's Report, City employees raised $14,070. PORT ANGELES DOWNTOWN ASSOCIATION On Wednesday, January 27, Mayor Braun, Council member Hulett, Timothy Smith and myself attended the annual meeting of the PADA. Several awards were presented with the City receiving three. First one was to Dave Sawyer, Senior Planner, for his significant contributions toward the adoption of the Downtown Parking Master Plan. Second was to crews in City Light who installed the various holiday lights. Next was to the City for our participation in both contributing and raising funds for the replacement of holiday decorations. The final award was the Main Street Partnership Award presented to Timothy Smith for the pivotal role he has played in efforts to revitalize the downtown. GRANT AWARD The City was recently notified that a $100,000 Department of Justice (DO J) grant was awarded to purchase software that will benefit law enforcement agencies in Clallam County. The "COPS More" is a DOJ program that provides funding to law enforcement agencies for the acquisition of technology. The goal of COPS More is to update technology; in our case computer system software, allowing the officer to spend more time on the street by reducing time spent in front of a PC entering data. The application for this grant was a coordinated effort between law enforcement agencies in Clallam County in 1998. The grant application was prepared by the Sheriffs Department with considerable contributions fi'om the participating agencies. These agencies share a common records database and dispatching system. The grant was awarded in 1999 and provides funding for the Report Writing module of the system software upgrade that is being completed with 911 funds. There is a 10% match shared by participating agencies. 106 The law enforcement agencies share a common database for Computer Aided Dispatch and Criminal Records. The Report Module will enable each agency to prepare reports in a uniform format county-wide and immediately access the criminal history and reporting database. The current participating agencies are City of Port Angeles Police, Sequim Police, Forks Police, and Clallam County Sheriff's Department. 107 108 UTILITY ADVISORY COMMITTEE Port Angeles, Washington January 11, 1999 I. Call to Order: Draft Chairman Doyle called the meeting to order at 3:00 p.m. II. Roll Call: Members Present: Councilmen Campbell, Doyle, and Williams [left meeting at 3:35 p.m.], and Joe Michalczik. Members Absent: Bill Myers. Staff Present: C. Hagar, B. Titus, J. Pittis, G. Kenworthy, D. McGinley, R. Ellsworth, K. Ridout, C. Knutson, and D. Sawyers. Joe Michalczik reminded the Committee that he had asked Director Pittis to contact Dean Reed of Daishowa and invite them to participate in the water study. Mr. Michalczik asked Director Pittis to report on this. Director Pittis stated he sent M r. Reed a copy of the draft report and the scope of work. After Mr. Reed has reviewed both documents, he will call Director Pittis for discussion. III. Approval of Minutes: Councilman Campbell moved to approve the minutes of the December 7, 1998, regular meeting. Deputy Director Titus pointed out an error on page three, contingency should read contingent. Councilman Doyle pointed out that he opened the meeting, not Vice Chairman Campbell. Deputy Clerk Hagar stated Kevin Curtis had sent a memo asking for a correction to page one, paragraph two, the last sentence. The words "and there has only been one complaint regarding an odor in six years." should be struck. Councilman Williams seconded the motion, which carried unanimously. IV. Discussion Items: A. Agreement with PUD for Low Zoned Customer and Facility Transfer Deputy Director Titus reviewed the information provided on this issue and provided a brief history. Mr. Titus explained that by State Law, when there is a transfer of utilities from one company to another, the existing provider of the service may continue to provide that service for seven years because of the investment in equipment and facilities which needs to be recovered. This agreement allows the City to compensate the PUD for five years (agreed to by PUD) of net revenues which would have been realized and take over provision of those services. Discussion followed and Mr. Titus and Attorney Knutson responded to questions and provided clarification regarding the purchase terms, State law requirements, and the area covered by this agreement. 1 109 Utility Advisory Committee January 11, 1999 Attorney Knutson noted that a portion of the area covered by this agreement lies within the City limits. If the annexation occurred more than seven years ago, the City is not liable for seven years of net revenue. Mr. Michalczik expressed concern over the City paying more than $34,000 for a facility that has a capital value of $8,000. If the City pays the PUD out over a seven year period, the actual purchase price with interest is about $42,000. The first seven years of owning this facility would be subsidized by the other rate payers and the City wouldn't realize any profit s to pay operating costs and capital investments until the eighth year. Councilman Campbell agreed with Mr. Michalczik. He felt the low zone inte rtie issue needed to be settled and future water issues should be looked at differently. Further discussion ensued. Deputy Director Titus stated the revenue which would be received from these customers has not been computed. It is not a case of money going out and nothing coming in. Councilman Campbell felt the City could not afford this process and when the City goes forward with annexation the PUD is going to have to service the water and electric customers in that annexation area. Councilman Williams noted that an annexation petition just went to the Planning Commission for review; this sets the precedence for everything else. Director Pittis stated that when this process was started almost two years ago, it was thought that this piece was small enough to give the City a good read as to the complexities of this type of agreement for the future. Director Pittis agreed with Councilman Campbell, in the future there is no room for future agreements such as this because of the cost. Staff will have to seek a different way to make annexation look desirable. Director Pittis pointed out that in this particular instance, the waterline intertie helps to divert some of the flow from the upper system to the lower system, where it is less expensive to provide water; it lessens the burden on the upper system and relieves some of the water demands in that area. Therefore, the City has gained some operational benefits by doing this. Director Pittis suggested that staff find answers to some of the Committee's questions and bring this issue back to the next UAC meeting. Joe Michalczik thanked staff for all the work they have put into this agreement and asked them to look into trying to reduce the City's costs should this agreement be approved. Councilman Doyle asked that the wording in item three of the agreement be changed to" . . . within the City limits shown on..." Attorney Knutson will check with Municipal Research to see if other cities have found a different way to handle this type of situation. B. Old Joe Road Water Shut Off Notice Pending Director Pittis summarized the information contained in the packet and provided a brief history of the issue. The City has received verbal recommendations from the Department of Health, but is currently waiting for a written recommendation prior to discontinuing service to the Old Joe Road water line. Once that is received, the residents will receive a letter advising them of the date -2- 110 Utility Advisory Committee January 11, 1999 of discontinuance of service. Director Pittis felt the UAC should be aware of this problem. Discussion ensued and staff responded to questions and provided additional clarification. Concern was expressed over the City's liability in this issue should someone fall seriously ill due to tainted water. Attorney Knutson explained that the City's position is that the water line is private and, therefore, the City is not liable nor responsible for any problems with the privately owned waterline. Ralph Ellsworth, Water Superintendent, explained that the City owned water line is clean, however, the Old Joe Water line is made of galvanized pipe and, due to low water pressure and poor circulation, is a stagnant system. The City has no control over private property and cannot force the owners to improve the waterline. Attorney Knutson stated there is a provision in State law which allows a local jurisdiction to force a LID for health reasons. The State may choose to go that route rather than just cutting off the water. The County Health Department is aware of the problem, but has thus far not become involved. Further discussion ensued and Joe Michalczik was concerned with simply turning off the water to the families on this road. Director Pit-tis stated he will keep the Committee apprised of the situation as information is received from the State. Mr. Michalczik asked that staff contact the County Health Department and get them involved in clearing up this situation with out turning off water to these families. No action was taken. This issue will be returned to a future meeting. ¢. Ediz Hook Sewer Ordinance Director Pittis reviewed the information provided in the packet and explained why the final cost of the project was so much lower than the original estimate. Director Pittis and City Engineer Kenworthy provided a brief history of this issue and responded to questions and offered clarification. At the Committee's request, staff explained the sewer connection charge and how the amount was arrived at. Attorney Knutson explained that sewer costs would be factored into the leases the City is entering into with Thunderbird Boat House and Global Aqua. The Puget Sound Pilots have already agreed to pay their costs up-front rather than spreading it out over the length of t he lease. Director Pittis pointed out that the Ordinance amending the amount of the Ediz Hook sewer connection charge is to reduce the fee due to actual costs and the change to the Milwaukee Drive Ordinance is to correct references to a Code section. Following further discussion and clarification, Councilman Campbell commended staff for the savings realized on such a large project and lowering the Ediz Hook sewer connection charge by more than $2,500. Joe Michalczik moved to recommend the City Council adopt an Ordinance revising the charges for connection to the Ediz Hook Sanitary Sewer and revising the Milwaukee Drive Sewer -3- 111 Utility Advisory Committee January 11, 1999 Connection Ordinance. Councilman Campbell seconded the motion, which carried unanimously. -4- 112 Utility Advisory Committee January 11, 1999 D. Information on Public Meeting for Feasibility of Marine Bluff Study Senior Planner Sawyer reviewed the history of this issue. He stated the City has agreed to facilitate a meeting regarding a feasibility study, which will be held January 21, 1999, at 7:00 p.m. in the Community Room of the Port Angeles Library. The purpose of the meeting is to determine if there is enough interest among the property owners to pursue a bluff-wide geotechnical report. Staff will be present to provide the property owners with information regarding permitting activities along the bluff and development applications. Local engineering firms will also be invited to participate. Brief discussion followed. This is information only and no action was taken. V. Information Only Items - None. VI. Late Items Councilman Doyle noted that the minutes referenced a meeting with Senator Gorton; due to inclement weather, the meeting became a telephone conference call. As Councilman Campbell had participated in this call, Councilman Doyle asked him to give a summary of that conversation. Councilman Campbell stated Senator Gorton reiterated his optimism that there will be a resolution of the Elwha funding in the new session of Congress. However, the impeachment process may hinder the progress of his issue. Councilman Campbell said that Senator Gorton had conversations with Congressman Dicks regarding this, Congressman Dicks has a pipeline to the White House. Senator Gorton was receptive to the City's water treatment problems as they relate to the Elwha, and indicated that he would be willing to help with funding for water treatment with or without the Elwha Dam removal project. Councilman Campbell felt he was sympathetic and agreeable to helping the City. VI. Next Meeting: The next meeting will be February 8, 1999, at 3:00 p.m. Councilman Doyle noted that the March UAC meeting is scheduled for the eighth and he and Councilman Campbell will be out of town. This meeting will be rescheduled at the next meeting. VIII. Adjournment: The meeting adjourned at 4:45 p.m. Chairman Deputy City Clerk -5- 113 114 MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 January 13, 1999 7:00 p.m. ROLL CALL Members Present: Linda Nutter, Cindy Souders, Dean Reed, Fred Hewins, Mary Craver, Bob King Members Absent: (One Vacancy) StaffPresent: Brad Collins, Sue Roberds, David Sawyer, Bruce Becket, Gary Kenworthy Public Present: Pamela Tietz, Jason McLaugtdin, Cathy Marthy, Mary Morgan, J.Larry McHone APPROVAL OF MINUTES Commissioner Nutter moved to approve the December 9, 1998, minutes as presented. The motion was seconded by Commissioner Hewins and passed 3-0 with Commissioners Craver and King abstaining due to their absences. PUBLIC HEARINGS: PARKING VARIANCE - PKV 99-01 - HOUSING AUTHORITY OF CLALLAM COUNTY~ 2602 - 2660 South Francis Street: Request for a reduction in the number of parking spaces required for low income residences from $(i spaces to 42 spaces within the Housing Authority complex. Senior Planner David Sawyer reviewed the Planning Department's staff report recommending approval of the requested reduction in the number of parking spaces required for residential units from 2 spaces per unit to 1.5 spaces per low-income unit. Following questions from the Commission, Chair Reed opened the public hearing. Para Tietz, 1311 West 9th Street, stated that this is the final piece in a plan to establish a boys and girls club use within the Housing Authority project area. As many residents cannot, afford to drive cars, public transportation or transportation by relatives is more prevalent. The Housing Authority site was developed prior to current zoning regulations and parking was not an issue. There is no need to provide two spaces for each residential unit in this type of housing development as is the case in typical housing developments. One and one half spaces per unit is logical. Many children who live in the area will be attending the boys and girls club use which will reduce the need for additional automobiles from outside the housing area to that facility. Commissioner Nutter stated a concern that the staff parking area has not been designed to Planning Commission Minute~ - January 13, 1999 Page 2 provide for easy circulation around the community building. Ms. Tietz responded to the Commissioner's concern that parking may be added in the future if needed when funding becomes available. She did not believe there would be a problem with the current proposal. The 50 spaces outside the fenced area for the boys and gifts club community room will always be available. If fencing offthe additional 15 parking stalls for staff'use after hours becomes a problem, the fence will be removed. Mary Morgan, 1502 Woodcock Road, Sequim, urged support of the parking reduction which is critical to opening the doors for the new boys and girls club use in the Housing Authority's operation. Boys and girls will not be driving to the site as most of those served reside on the property. There being no further testimony, Chair Reed dosed the public hearing. Commissioner King moved to approve the reduction in the number of parking spaces required for residential units from 2 spaces per unit to 1.5 spaces per low-income unit for Area 4 - 4 of the Clallam County Housing Authority use at 2602 - 2660 South Francis Street citing the following findings and conclusions: Findings: Based on the information provided in the January 13, 1999, Staff'Report for PKV 99-01, comments and information presented during the public heating, and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant and owner of the property is the Housing Authority of Clallam County. 2. The subject property includes Area 4-4 of the Housing Authority of Clallam County Housing Project located at 2602-2660 Francis Street. 3. The applicant's proposal is to reduce the number of parking spaces required for residential units from 2 spaces per unit to 1.5 spaces per low-income unit. 4. This area includes seven low-income residential fouplexes, the Authority's office, a community room, maintenance facilities, and a Boys and Gifts Club facility. 5. The City does not have any original building records for these buildings but photographic records indicate the majority of the buildings were built prior to the 1950s and with the exception of the Boys and Girls Club have been continuously used for the current purpose of Iow-income housing. 6. The Boys and Gifts Club was approved for this site in 1998, subject to compliance with the City's Parking Ordinance. 7. The property is designated as Low Density Residential in the City's Comprehensive Plan. 116 Planning Commission Minut~ - January 13, 1999 Page 3 8. The property is zoned Single Family Residential 9. The housing units as configured are nonconforming based on their development as fourplexes, the office use is a nonconforming use, and the Boys and Girls Club is a conditionally permitted use. 10. During a visit of the site, staff counted a total of 19 vehicles in the 65 spaces in the subject area. 11. Planning Department staff feels a variance based on a reduction in the parking requirement for residential units from 2 spaces per unit to 1.5 spaces per unit based on the Authority's low-income requirement for residence in these units is appropriate. 12. The Public Works and Fire Departments indicated they have objections to this proposed variance. 13. The City's Parking Ordinance states "No variance shall be granted by the Planning Commission unless the Commission finds: 1. The variance is not detrimental to surrounding properties; 2. The parking provided is sufficient to meet the parking needed by the use(s); 3. The variance will not create increased congestion or traffic hazards along adjacent streets and alleys; 4. The variance is consistent with the intent of the Off-Street Parking Ordinance, the zoning district in which the site is located, and the Comprehensive Plan." 14. The proposed variance is categorically exempt from State Environmental Protection Act threshold determination and environmental impact statement requirements. 15. This variance reduces the requirement for the 28 residential units located on the subject property fi'om a cumulative total of 56 spaces to 42 spaces. 16. Legal publication was provided in the Peninsula Daily News regarding the application on January 1, 1999, and the site was posted for 12 days prior to the public heating. Conclusions: Based on the information provided in the January 13, 1999 Staff Report for PKV 99-01, (including all of its attachments), comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. Considering the housing units are limited to low-income residents with limited resources and who often to not own their own vehicles, the granting of this variance should not impair traffic flow on the adjacent streets. 117 Planning Commission Minutes- January 13, 1999 Page 4 2. The variance is not detrimental to surrounding properties. 3. The parking provided is sufficient to meet the parking needed by the use. 4. The variance will not create increased congestion or traffic hazards along adjacent streets and alleys. 5. The variance is consistent with the intent of the Off-Street Parking Ordinance, the zoning district in which the site is located, and the Comprehensive Plan, specifically Land Use Element Policy D 1 and Transportation Element B 14. The motion was seconded by Commissioner Souders. Commissioner Nutter suggested that the plan should be modified and possibly eight or ten parking spaces should be added to account for the reserved staff parking area (15 spaces) which is fenced off during non business hours reducing the available parking spaces to 43 rather than 58 as proposed. Commissioner Souders noted that the Commission has approved reductions in parking for senior housing developments, which are similar to this type of development in that the residents may not have access to a vehicle, to 1.5 spaces per unit. If that calculation is used as a standard as is suggested, then the number of required parking spaces for the Housing Authority use as proposed would be 42 spaces and at least 43 full time spaces are proposed. This housing development does not contain the desked aesthetic elements inherent to more standard developments, and it doesn't make good sense to reduce :what little .open space there is by requiring additional parking that may not be needed. The vote was called for and the motion passed 5 - I with Commissioner Nutter voting in the negative. MUNICIPAL CODE AMENDMENT - MCA 98-05 - City of Port Angeles, City wide: Proposal to amend the provisions regarding nonconforming structures and substandard lots. Senior Planner David Sawyer reviewed the Planning Department's staff report proposing to amend the Port Angeles Municipal Code with regard to nonconforming structures and substandard lots. The Commissioners undertook a lengthy discussion as to what degree a structure could be damaged without the need to restore or reconstruct in compliance with current regulations. Discussion then took place as to what evaluation methods would be used to ascertain whether damage more than seventy-five percent had occurred. It was agreed that the zoning regulations intend to allow some restoration or reconstruction of nonconforming structures, however, it was also understood that the perpetuation of nonconforming situations is not the intent of the zoning ordinance. Chair Reed opened the public hearing. There being no public testimony, Chair Reed he then closed the public hearing. 118 Planning Commission Minutes - January 13, 1999 Page 5 The Commission began a detailed discussion as to how a structure would be evaluated for damage and restoration or reconstruction, who would pay for the assessment, appeal provisions, and structural versus minor repair. It was explained by Director Collins that no matter how the building exceeds seventy five percent damage or demolition, the resulting structure shall conform to current construction and zoning standards. With deletion of a section that specifically addressed minor repair and changing wording in the appeal section to indicate that an aggrieved party may appeal a determination, Commissioner Souders moved to recommend that the City Council amend the Port Angeles Municipal Code as proposed citing the findings and conclusions listed below: The motion was seconded by Commissioner Craver and failed 1 - 5 with Commissioner Craver voting for the motion. Commissioner Souders amended her original motion to include the provisions for minor repairs without the wording "non structural" (Section 17.95.030(2)(C)) which was deleted from the previous motion citing the following findings and conclusions below: 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 should be consistent with the Comprehensive Plan and its land use map." 2. An Adoption of an Existing Environmental Document and Determination of Non Significance was issued for the proposal on December 8, 1998. 3. The purpose of a typical nonconforming code section is to provide a way for owners of legal nonconforming structures to use their buildings for the normal expected service life of the building while protecting the integrity of the property's zone and insuring eventual compliance with its regulations. 4. Section 17.95.030 permits, rather than prohibits the perpetual reconstruction of a legal nonconforming building unless it is damaged to an extent that is valued greater than 75% of its assessed value. 5. Section 17.96.040 recognizes lots as legal that were created prior to adoption of the City's Zoning Code and do not meet the Code's area or width requirements. It further states that a legal building may be permitted on such a lot if it meets the required front, side, and rear yard setbacks. 6. As the Code is worded, it exempts a building on a substandard lot from height and lot coverage requirements. 119 Planning Commission Minutes - January 13, 1999 Page 6 Conclusions: A. The proposed amendments are general in nature and benefit the public as a whole rather than a single property owner. B. The proposed amendments are necessary to protect the integrity of the City's Zoning Ordinance, particularly the area and dimensional requirements of its various zones. C. The proposed amendments are consistent with Comprehensive Plan Land Use Policy Cl. D. The proposed Municipal Code amendments are in the public use and interest. The motion was seconded by Commissioner Craver and passed unanimously. REQUEST TO CIRCULATE AN ANNEXATION PETITION- ANX 99- 01 - Stetson/Corbett, North of I-lighway 101 at Del C_mzzi Drive: Request to circulate an annexation petition for approximately 1.51 acres of property adjacent to the east City limits. Planning Director Collins reviewed the Planning Department's staff report suggesting that the Planning Commission recommend that an annexation petitionbe allowed to be circulated but that the area be increased to include those areas east to Baker Street and north to Ennis Creek Road, an increase of 11.12 acres from the requested 1.51 acres for a total acreage of 12.63 acres. The area is nearly all environmentally sensitive. Larry McHone, 330 East First Street, Suite 1, Port Angeles, stated that the applicant's property has been on the market for some time. Most of the total ownership is in the City, however, a small portion (1.51 acres) is in the county and is zoned open space. It is the desire of the property owner to annex to the City and rezone the property for commercial use. There would not be an objection to the environmentally sensitive areas designation for those steep slope areas of the property. The property ownership extends to the edge of the Ennis Creek canyon and contains approximately 30,000 square feet of usable property. If the applicant is requked to include the additional acreage proposed by staff, the proposal will not go forward. Access to the property would be from the Highway 101/Del Guzzi Drive stoplight. Planning Director Collins reviewed some development options for the property and concluded that if the plat in which the property is located is vacated, development of the property would be limited to the single property rather than several lots which would require additional City services. Under that scenario, staff revised its recommendation to exclude the additional 11.12 acres originally recommended but include the width of Highway 101 to the east property limits. 120 Planning CommLssion Minutes - January 13, 1999 Page 7 Commissioner Hewins moved to recommend that the City Council allow the circulation of a petition for annexatio of the 1.51 acre parcel as proposed with the addition of the width of State Highway 101 to the east property line in this location citing the following conditions, findings, and conclusions: Conditions: 1. The annexed area shall bear the pro rata share of the City's general obligation indebtedness existing as of the date of the annexation. 2. City Comprehensive Plan land use designations and zoning shall be consistent with the County's Comprehensive Plan land use designations and the City's Comprehensive Plan Conservation Element policies. 3. An annexation agreement and master plan shall be prepared and signed by the petitioners. 4. Lots 1 - 8 and Lots 16 - 24, Block 7, Nob Hill Addition shall be merged into a single parcel. 5. Non-protest agreements shall be signed by a minimum of 60% of the property owners for the formation of separate L.I.D.'s for roadway and storm improvements, water extensions, and sewer extensions. : 6. The proposed annexation area shall be expanded to include US Highway 101 connecting south to the city limitS. Findings: 1. On December 14, 1998, the Planning Department received an annexation request from Betty J. Corbett and Catherine N. Stetson for a 1.51 acre area located north of US Highway 101 and east of the city limits (Harding Ave.). 2. On January 5, 1999, the City Council sent the request to the Planning Commission for review and a recommendation and set a public meeting to discuss the request with the applicants for the City Council February 2, 1999, meeting. 3. The legal description of the subject area is Lots 1-8 and Lots 16-24, Block 7, Nob Hill Addition (see Attachment A), and the applicants own the adjacent property to the west described as Lots 8-13, Block C, Puget Sound Co-op Colony's 1 st Addition to Port Angeles, which is inside the city limits. 4. The area is subdivided into 17 individual lots under one ownership; the annexation request petition is made by this one property owner with 100% of the assessed valuation of the area. 121 Planning Commission Minutes - January 13, 1999 Page 8 5. The area of annexation is undeveloped. The topography of the area slopes to the north and forms the ravine adjacent to Em'tis Creek which runs south to north. 6. The proposed annexation area is within the Port Angeles Urban Growth Area. 7. The proposed annexation area is contiguous on its west side to the established City limits. 8. The petitioners are selling a small tract of land made up of all the lots in two blocks as commercially zoned property; to facilitate this sale, they are seeking annexation to Port Angeles for the purposes of rezoning the property to commercial arterial and making urban services from the City available for future development of the property. 9. The nearest City water and sewer are located along US Highway 101. Although the subject property fronts on US Highway 101, only a small section is accessible from the highway, and, as proposed, no streets could access the lower portion of the site. 10. The topography of the proposed annexation area creates an "island" that would be accessible only through unincorporated area and makes servicing the area awkward, if not difficult. 11. The factors considered under RCW 35A. 14.200 in review ofannexation proposals include "the configuration of the area, comprehensive use plans and zoning, the likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next ten years, location and coordination of community facilities and services., the probable effect of the annexation proposal or alternatives on cost and adequacy of services and controls in the area, and the effect of the annexation proposal or alternatives on adjacent areas." 12. The area of annexation includes areas likely to be classified by the City's Environmentally Sensitive Areas Protection Ordinance as environmentally sensitive areas and as such will be subject to the regulations of that ordinance. 13. The Port Angeles Comprehensive Plan as amended June, 1997 contains 10 policies (Growth Management Element Policies B 1-10) directly related to annexations and 2 goals, 8 policies, and 1 objective (Conservation Element Goals A-B, Policies Al-2, B1-2, B4-6, B16, and Objective B3) related to unique physical features. 14. The proposed promotional annexation must comply with the City's annexation policies as established in the City's Comprehensive Plan and Resolution 18-78. Conclusions: 1. As conditioned, the proposed annexation is consistent with the City's annexation policies as established in the Comprehensive Plan Growth Management Element (Policies B 1-10) and Conservation Element Goals A-B, Policies Al-2, B 1-2, B4-6, B16, and Objective B3 and Resolution 18-78. 122 Planning Commission Minute~- January 13, 1999 Pago 9 2. The City's policies encourage annexation within the Port Angeles Urban Growth Area, which was established to accommodate growth which is expected to occur over the next ten years. 3. There is poor access to the site for urban services, and there are significant topographical features (steep slopes and a stream) on or adjacent to the site. 4. As reviewed by the Planning Department, the area of annexation may propose a challenge to servicing. 5. Due to the topography of the proposed annexation area and because of Ennis Creek, there is limited development opportunities for the area, and the proposed annexation would likely result in a relatively high cost for urban services. 6. Protection of Ennis Creek and its ravine in the annexation area would be facilitated by an open space Comprehensive Plan land use designation and by a Public Buildings and Parks (PBP) zoning designation for most of the annexation area. 7. As conditioned, necessary rights-of-way will be obtained by the City. 8. A subject area is for sale, and the proposal is, therefore, promotional in nature. 9. As conditioned, the configuration ofthcarea, comprehensive use plans and zoning, the likelihood of significant growth in the area: and in adjacent incorporated and, unincorporated areas during the next ten years, location and coordination of community facilities and services., the probable effect of the annexation proposal or alternatives on cost and adequacy of services and controls in the area, and the effect of the annexation proposal or alternatives on adjacent areas are found to be adequately addressed. The topographical difficulties in providing urban services and the protection of environmentally sensitive areas can be provided by the City of Port Angeles per the Comprehensive Plan as annexation in the larger Urban Growth Area occurs. 10. As conditioned, the annexation is in the public interest. The motion was seconded by Commissioner Nutter and passed unanimously. COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS As them are no agenda items scheduled for the February 10 meeting, staffwill prepare a list of long range agenda items for the Commission's consideration and discussion. 123 Plmaning Commission Minute~ - January 13, 1999 Page 10 REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 10:00 p.m. Blrad Collins, Secretary Dean Reed, Chair PREPARED BY: S. Roberds 124 PORT ANGELES CHAMBER OF COMMERCE 121 East Railroad Port Angeles, WA 98362 (360) 452-2363 January .11, 1998 Becky Upton, City Clerk City of Port Angeles P.O. Box 1150 Port Angeles, WA Dear Becky: The Port Angeles Chamber of Commerce is requesting the Visitor Center reimbursement for the month of December in the amount o ."~ $2,628.00 as reflected in our financial statement~December 31, 1998 and $2,192.15 for maps and things to do as per statement enclosed. The statement enclosed is for 1998 but did not get paid to reflect in the final December financial report. This should be our final request for 1998 and knowing the City closes it's books early in January, we closed our books early as well. If you have any questions please give me a call. .~' Executive Director FAX # 360-457-5380 * www. cityofpa.com · E-mail: pangeles@olypen,com REPRESENTING THE LARGEST GROUP OF BUSINESSES ON THE PENINSULA 125 PORT ARGELES CHAMBER OF COMMERCE STATEMENT OF OPERATING FUNDS For Period Ended December 31, 1998 ACTUAL ACTUAL 1998 BUDGET 1998 ACTUAL 1997 INCREASE (DECREASE) CURRENT YEAR YEAR CURRENT YEAR CURRENT YEAR MONTH TO-DATE TOTAL MONTH TO-DATE MONTH TO-DATE REVENUES MEMBERSHIP DUES $ 4,279 $ 62,093 $ 59,000 $ 2,340 $ 57,410 $ 1,939 $ 4,684 COUNTER SALES 892 20,271 20,000 616 19,980 277 291 BUILDING RENTAL 150 2,382 2,904 502 2,925 (352} (544) SHA/~ED EXPENSE REIMBURS 10 (10) N.W. WOOD SHOWCASE 203 6,60S 7,000 108 6,920 94 (315) ANNUAL BANQUET 2,300 2,000 2,300 CHAMBER FUND RAISERS 375 8,873 18,525 800 21,732 (425) (12,860) FUND RAISER-AUCTION 5,6~2 6,000 25 6,397 (25} (735} INTEREST ~ARNED 247 2,913 2,200 230 2,650 17 263 BROCHURE DISTRIBUTION 322 250 270 52 CHAMBER SERVICES 57 100 96 (38) DONATIONS 47 2,365 2,200 71 2,198 (24) 167 MISCELLANEOUS 54 219 75 54 144 CONCERTS 0N THE PIER 100 5,000 (4,900) RETIREMENT PROMOTION 1,310 1,310 JULY 4TH INCOME 12,429 10,000 12,316 114 INTEP. NET ADVERTISING 100 1,175 4,O50 100 1,175 BUS. RE~NTION INCOME 45 246 246 1246) I201) TOTAL REVEN~/~S 6,347 129,120 134,229 4,938 138,223 1,410 (9,104) EXPENDITURES MATERIALS-COUNTER SALES 316 11,096 12,000 (306) 11,569 622 (4?3) MATERIALS-SHOWCASE 5,491 5,250 5,194 298 S~Y - ~4A~AGE~ 3,765 45,176 45,176 3,891 44,290 74 886 SA/~u~Y - SECRETARI~J~ 736 8,833 8,833 701 8.412 35 420 PENSION EXPENSE (SIMPLE 157 2,670 2,776 155 917 2 1,753 FICA TAX 401 4,807 390 4,675 11 132 FEDERAL U/C EXPENSE 112 112 STATE U/C EXPENSE 22 201 4,530 21 191 I 10 STATE INDUSTKISJ~ INS. 79 317 75 301 4 15 LESS VC ALLOCATION (87} (824} (82} (786} (4) (39) MAJOR MEDICAL INSU~ANCg 878 6,235 5,000 474 S,578 404 657 MEDIC~ INS.-OFFICE MGR 589 554 554 3~ R.E. & P.P. TAXES 39 30 27 12 LIABILITY & FIRE INS. 83 100 82 1 BANK CHARGES 58 1,001 950 20 929 39 71 OFFICE SUPPLIES 30 920 1,200 184 1,200 (154} (280) OFFICE EQUIPMENT 2,937 300 1,061 1,876 AUTO ALLOWANCE 300 3,600 3,600 300 3.600 DUES & SUBSCRIPTIONS 708 1,010 20 1,248 (20) {540) OFFICE RENT 337 4,049 4,048 337 4,049 POSTAGE 585 2,852 3,600 211 $,542 374 (690) UTILITIES 244 325 104 326 (104) (83} EQUIPMENT RENTAL 47 829 710 47 710 () (81) PORT ANGELES CHAMBER OF COMMERCE STATEMENT OF OPERATING FUNDS For Period Ended December 31, 1998 ACTUAL ACTUAL 1998 BUDGET 1998 ACTUAL 1997 INCREJ%SE (DECREASE) CURRENT YEAR YEAR CURRENT YEAR CURRENT YEAR MONTH TO-DATE TOTAL MONTH TO-DATE MONTH TO-DATE EXPENDITURES - CONTINUED TELEPHONE $ 45 $ 659 $ 550 $ 48 $ 562 $ (2) $ 97 REPAIR & MAINTENANCE 18 191 225 30 296 (12) (106) MANAGER TRAVEL EXPENSES 61 1,053 1,000 78 1,115 (17) (62) SECRETARY'S EXPENSE 40 950 1,000 48 1,056 (8) (106) EXECUTIVE TRAINING 984 (984) ACCOUNTING SERVICES 350 3,850 4,200 350 3,850 ~AL BANQUET 3,339 2,000 288 3,051 GUEST SPF_~%KER MEALS 387 E00 104 507 {104) (121) COMMUNITY DB"FELOPMENT 276 300 65 452 (65) (177) CONCERTS ON THE PIER 1,848 1,800 4,525 (2,678) JULY 4TH EVENT 1,421 200 187 1,234 JULY 4TH FIREWORKS 10,000 10,000 10,000 RETIREMENT PROMOTION 1,310 1,310 HOSPITALITY DIVISION 100 GOVER/qMENT RELATIONS 65 100 90 (25) TOURIST PROMOTION 4,170 2,600 176 2,601 (176) 1,570 BUS. RETENTION COMMITTE 175 909 (734) INTER/qET EXPENSE 65 440 240 65 440 FUND RAISER - EXP 3,013 7,556 13,958 (10,945) FUND RAISER - AUCTION (95} 931 1,800 2,237 (95) (1,306} EMMYLOU HARRIS CONCERT 4,367 (4,367) AMBASSADORS EXPENSE 19 (19) AFTER HOURS EXPENSE 63 63 MISCELLANEOUS EXPENSE 70 391 150 (35} 117 105 273 MEMBERSHIP DEVELOPMENT 310 389 (79) PENALTIES 1S9 (159) NEWSLETTER EXPENSE 170) {73) 700 {70) {73) TOTAL EXPENDITURES 81108 1361530 135~013 61854 1421600 11254 {6i070) EXCESS (DEFICIENCY) $ (1,761) $ (7,411) $ (784) $ (1,917) $ (4,377) $ 156 $ (3,034) see Accoun=ants' Compila=ion Report. PORT ANGELES CHAMBER OF COMMERCE STATEMENT OF VISITOR CENTER FUNDS For Period Ended December 31, 1998 ACTUA~ ACTUAL 1998 BUDGET 1998 ACTUAL 1997 INCREASE (DECREASE) CURRENT YEAR YEAR CURRENT YEAR CURRENT YEAR MONTH TO-DATE TOTAL MONTH TO-DATE MONTH TO-DATE REVENUES CITY A/~LOCATION $ 10~484 $ 42r569 $ 50r300 $ 13~281 $ 45~887 $ (2~797) $ {3~318) TOTAL REVENUES 10,484 42,569 50,300 13,281 45,887 (2,797) (3,318) EXPENDi~JI~ES BROCHURES & ADVERTISING 2,405 14,900 5,562 8,240 (5,562} [5,835) VIC MEDICAL INSURANCE 589 554 554 35 VIC EQUIPMENT 200 206 (206) VIC WAGES 736 8,833 8,833 701 8,¢12 35 420 VIC RENT 1,012 12,146 12,146 1,012 12,146 VIC UTILITIES 731 980 312 979 (312) (249) VIC REPAIR & MAINT. 53 572 675 89 979 (37) (407) VIC OFFICE SUPPLIES 89 1,901 2,830 109 2,827 (20} (926) VIC EQUIPMENT RENTAL 141 1,887 2,130 141 2,131 {244) VIC POSTAGE 375 5,070 4,250 375 4,233 836 VIC BUILDING INS. 250 250 247 3 VIC TELEPHONE 136 1,977 1,730 143 1,727 (7) 249 VIC PAYROLL TAXES 87 824 822 82 786 4 39 TOTAL EXPENDI~'u'RES 2~628 37~184 50~300 8~526 43~469 (5~898) 16~285) EXCESS DEFICIENCY) $ 7~856 $ 5~385 $ 4~755 $ 2~418 $ 3~101 $ 2~968 1 28 See Accountants' Compilation Report. OLYMPIC P.RINTERS, INC. INVOICE 310 East First Street Port Angeles, WA 98362 (360) 452-1381° 1-800-535-9204 JOB NO. INVOICE NO. Fax (360) 452-8916 · Toll Free Fax 1-800-422-6820 95522 71664 SALESPERSON DATE OF INVOICE HOS 12/29/1998 BILL TO: SHIP TO: PORT ANGELES CHAMBER OF COMMER 121 RAILROAD AVENUE PORT ANGELES, WA 98362 452-2363 ACCOUNTNO. DATE SHIPPED SHIPPED VIA COL TERMS YOUR ORDER NUMBER 1143 12/29/1998 X NET 30 DAYS QUANTITY DESCRIPTION ' UNIT PRICE AMOUNT 20000 lAPS/THINGS TO DO 2031.65 SUB-TOTAL 2031 . 65 7 . 9% SALES TAX 160.50 TOTAL 219.2.~L ~.~ TERMS: 1'/z% SERVICE CHARGE ON ALL ACCOUNTS OVER 30 DAYS. 1 Z ~ 130 LI- 0 '-- ~ © ~'~ 'CD -'- .z~ .ag ~ ~ ~ 00 ,-- ,~ C~J un CO 0 0 CO Od 0 ~-- .T 0 CD ~- 0 0 ~q' Lq ~ r'~ tr) O0 ~- 0 ,~'~'~ ,.i. .:~~,,~ ~ 0'~ ~ u")¢'~0 h,.. ,"',4 c'q c.~ ,--0 ~ o~ ~ 0 r,40 CD LI'I 0') <C _.~ r,~ ,'~ -' -- ~ 0 ~ ~' ,~ ~ -= ~',.~ ~ o ~ '~' o~ ~ '~"~" ~ m ~"~"~" ~"'~"~"'~':"0' o' ~"6'"'~"~ '~' O-m ~ ~ ~ -- ~ ~ : ~ ~ : } ; ; . : : ~ ...... . ........... ~ ..... : ..... ~ ........ i ..... ~ ...... : ...... ~ ..... i ....... ~ ....... ~ ...... ~ ....... ~ ....... ' ...... ~ ...... ~ ....... : ....... ~ ...... ~ ....... . ...... ~ ...... ~ ...... ~ ....... : ....... ~ ...... ~ ....... ~ ....... 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