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HomeMy WebLinkAbout5.773 Original Contract " 5. 7'1 ~ e ORDINANCE NO. 3228 AN ORDINANCE ofthe City of Port Angeles, Washington approving the purchase of the Niichel property to be acquired in part for off. street parking. , WHEREAS, the City of Port Angeles, City Council conducted a public hearing on December 20th, 2005 for consideration of the purchase of property to be acquired, in part, for off. street parking; and WHEREAS, as a result of the comments, testimony and evidence presented, the Council finds that it is in the best interest of the City to approve the purchase of the property; and WHEREAS, a Comprehensive Parking Plan for downtown parking, originally approved in 1998, has not been updated, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: The attached findings and conclusions, marked Exhibit A, are Section 1. incorporated herein by this reference, approved and adopted. The City Council approves the purchase ofthe property, to be acquired, Section 2. in part, for public parking. SectIOn 3. The plan for financing the acquisition of the property presented at the December 6,2005, Council meeting as part of the 2006 budget is incorporated herein by this refere~c~, approved and accepted. The alternatives presented for parking facilities marked Exhibit B, are Section 4. incorporated herein by this reference, adopted and approved. e -1- --1 e Section 5. Effective Date. This ordinance shall take effect five days following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 21lth day of Dp.c. , 2005. ~~[c~ ATTEST: ~~{I~'~A Becky 1. Up, Cler APYROVED AS ~ 1/~~: - William Bloor, City Attorney PUBLISHED: DAcp.rnhp.r 7.5. 7.005 By Summary G'\Legal_ Backup\ORDINANCES&RESOLUTIONS\200S-S0.NiicheIProp2-12-15..oS. wpd e -2- r- Exhibit A Findings and Conclusions in Support of Downtown Parking Facility - CITY OF PORT ANGELES Findine:s 1. Several studies have been done to ascertain parking needs in the Central Business District (CBD) commonly referred to as downtown. 2. In 2002, the City contracted for a study to determine parking needs in the Port Angeles CBD. The resulting study was entitled "Ravenhurst Development Inc. Parking Garage FeasibilitY Study" and identified the need for short term parking for ferry travelers and tourism. 3. The Ravenhurst study predicted that the City's proposed Gateway project and the Oak Street project are anticipated to result in a shortfall of250 parking spaces for tourists and ferry passengers during peak summer months. 4. The Ravenhurst study indicated that additional parking is necessary for regular Downtown public events, including summer concerts and festivals. 5. Heavy ferry parking is mainly a seasonal problem that is particularly significant 3 to 4 months of the year as well as holidays and weekends. Summer months include additional ferry traffic with the addition of a passenger only ferry to Victoria. 6. "The December 1994 Port Angeles Multimodal Transportation Project Action Plan Report" recommends shared use parking structures to allow for parking during peak demand. It further recommended that parking be increased for businesses and long- term ferry parking. 7. The 1998 "Downtown Parking Development Management Plan" prepared by the Port Angeles Downtown Association identifies policies in support of Downtown parking structures. Policy 11 of that document states that: There should be no permanent loss of parking spaces in the Downtown. 8. In accordance with the City's Comprehensive Plan Land Use Element, Goal F, Policy 4, Objective 4, "The City will consider various parking options to mitigate parking impacts from the Gateway Project and other Downtown projects." 9. Transportation Element Goal B Policy 16 "Parking requirements should make allowances for shared parking facilities." 1 O. Capital Facilities Element Goal E supports parking structures as they aid in the reduction of impervious surfaces. I:\Gateway\Parking Facility Memo to City Council2.doc 1- --- - II. The CBD encourages a variety of uses including mixed residential and commercial as well as office and hospitality uses that are currently restricted due to the limitation of centralized parking. 12. Pedestrian oriented Downtown areas are historically enhanced by centralized parking that can stimulate the development of open space and plaza areas that would otherwise be needed for parking. In an auto oriented society it is important to provide parking that is convenient but also encourages people to stay longer due to its convenient, centralized location. 13. Private enterprise has been unable to develop parking structures or areas that can adequately provide large scale parking in the CBD although such a plans have been discussed for more than twenty (20) years. Conclusions: 1. A parking facility is necessary to mitigate the construction of Gateway and future Oak Street Developments. 2. The development of a centralized parking facility contributes to creat'ing a transit oriented and pedestrian friendly Downtown. 3. Construction of a parking facility will reallocate space for new development Downtown. It will also encourage additional consolidated economic development opportunities in the CBD that do not now exist. Infill and the consolidation of properties is in compliance with the Comprehensive Plan and long range planning goals for healthy economic development and is therefore in the public interest. 4. The proposed par~ng facility will benefit the public by providing adequate parking for a variety of Downtown uses. 5. The expansion and diversification of a variety of uses and activities in the Downtown will be greatly enhanced by development of a consolidated parking facility in a centralized location. i . Downtown Parking Facility Analysis and Need Study 2005 Anticipat~d Parking Needs based on Gateway and Future Oak Street Development Prepared by the City of Port Angeles Community and Economic Development Department. w.' , , ;.. ~ ' -, .. . -, ~ . , Exhibit B I . Downtown Parking Facility Analysis and Need Study 2005 Anticipated Parking Needs based on Gateway and Oak Street Development Table of Contents I. Executive Summary 2 II. Inventory of Existing Parking 3 III. Inventory of Land Use 4 IV. Parking Needs 5 V. Parking Alternatives 6 VI. Conclusion 8 Executive Summary The purpose of this study is to determine the parking needs and feasibility in relation to the purchase of the Niichel Property in Downtown Port Angeles. The study is not intended to plan for or replace the "1998 Downtown Parking Development Management Plan" as prepared by the Port Angeles Downtown Association. Instead it considers the impact of developing the Gateway site and Oak Street. In anticipation of the development of the Gateway and Oak Street properties parking concerns must be addressed in the downtown area. Both projects will result in an increased parking demand and a net loss in Downtown parking. Additionally, these developments create an opportunity for a shift in the functional transportation system of downtown, encouraging a more transit friendly and walk-able environment. Parking is an integral component of making these developments work. There is a significant need for parking in relation to transit and public uses, which are ultimately the responsibility of the government entities involved with the Gateway project. As a result of these upcoming projects the Department of Community and Economic Development undertook a parking and land use analysis of the downtown area. Efforts included a walkthrough inventory of the downtown area. City staff identified uses, approximate square footage and business names for downtown buildings from Lincoln Street to Valley Street. Additionally, both on- street and off-street parking was inventoried by lot and block. Though conducted with limited resources and a restricted timeframe, the following study identifies needs for a consolidated parking facility in the Downtown. Downtown Parking Facility Analysis and Need Study 2005 - Niiche/Site 2 Inventory of Existing Parking Site Specific The Gateway and Niichel sites are presently configured with 293 parking spaces. The gateway site hosts approximately 165 spaces including 70 in the city lot, 10 on the Voang property, and 85 on the Heckman property. The Niichel site consists of 45 spaces presently used as the budget car lot, 19 on the Niichel Restaurant site and 64 in the Niichel owned Winter's garage structure. The Oak Street site presently contains 105 parking spaces. Five of these spaces are designated for RV parking. Downtown Parking is distributed throughout the Downtown area providing multiple public and private Jots. Parking lots in Downtown have a capacity of approximately 1,452 spaces. This number does not include parking for the Red Lion Inn. On-street parking is available on most Downtown streets with a total of 268 spaces. Overall, there are approximately 1,720 downtown parking spaces between Lincoln Street and Valley Street. The map below details parking by block in the downtown area. Street parking is also identified. l. r"--', r Legend lrc"im I ~ ~ Street Parking I I 11III Pal1dng By B~k J I , ' ~ Downtown Parking Facility Analysis and Need Study 2005 - Niiche/Site 3 Inventory of land Use Site Specific The Gateway site is presently used for both downtown business parking and short and long term ferry parking. Spaces presently on the site are both leased to private business owners and available for public parking permits. The Gateway site is surrounded by retail and restaurant uses including two regtaurants to the north and a restaurant and retail shops to the south. The adjoining Niichel owned propertY contains a rental car office, parking garage, intra-city bus line, art gallery and restaurant. The overall use of the site primarily. serves ferry transit. The Oak Street property is presently utilized for parking and the Clallam Transit Bus Terminal. A fish-processing pier is located north of the site and the City Light Building and Copy Plus are located directly to the south. Downtown A brief land use inventory was conducted of downtown buildings. It was found that the downtown area has a wide range of commercial, industrial, and residential uses. There are approximately 51 buildings that have a predominately retail use. A total of 15 buildings have a Restaurant/Bar use and 14 buildings are predominately office use. Included in the area are 4 buildings, which support residential uses and providing approximately 77 units for the downtown area. There are an additional 43 buildings in the downtown area that consists a wide variety of uses including public facilities, warehouses, and ancillary structures. It is noteworthy that numerous buildings in Downtown have multiple uses and in many cases have vacant or unused space. Where possible each respective use and occupying business in each structure was identified. ~ Downtown Parking Facility Analysis and Need Study 2005 - Niiche/Site 4 Based on the present parking requirements established by the City of Port Angeles Municipal Code (Section 17 Table A), substantial parking would be required for the downtown area. Requirements suggest that a total of 3,075 spaces are required for the existing uses in the downtown area. When compared to the 1,720 available spaces it would appear that available Downtown parking is insufficient. However, it should be noted that parking facilities can be shared when the times for business uses vary. In June of 1993 the City of Port Angeles delegated the management of downtown parking to the Port Angeles Downtown Association (PADA). PADA prepared a downtown parking development and management plan, which was adopted in 1998. The plan did not find a shortage of parking in downtown but did indicate that no parking should be lost and new consideration should be given for additional parking for new projects such as 'the Gateway or a multi-modal transit project. Parking Needs Replacement of Parking Loss The Gateway project will result in a loss of 106 spaces. Development of the Oak Street property will result in a loss of 105 spaces. The 2002 "Ravenhurst Development Inc. Parking Garage Feasibility Study" identified the need for short term parking for ferry travelers and tourism in the Downtown area. The Ravenhurst study noted that the Gateway project and the Oak Street project are anticipated to result in a shortfall of 250 parking spaces for tourists and ferry passengers during peak summer months. The report established that additional parking is necessary for regular Downtown public events, including summer concerts and festivals. The 1998 "Downtown Parking Development Management Plan" established policies in support of Downtown parking structures. The plan also indicated that there should be no net loss of parking spaces in the Downtown. Based on review of the above studies, a minimum of between 211 and 250 parking spaces should be provided to accommodate the loss in parking in these respective downtown location. Transit Based Parking Needs '\ The availability of convenient parking would encourage the use of mass transit including busses and ferries. When creating parking in relation to multi- modal transit facilities, convenience and time of transfer are critical components of determining the location of parking facilities (Beebe, et a/). Centrally located parking would promote the walk-ability of Downtown. Numerous studies have been conducted which establish a critical nexus between transit service, parking and the development of walk-able communities. As noted by the King County Land Use, Transportation, Air Quality and Health Study, Downtown Parking Facility Analysis and Need Study 2005 - Niiche/Site 5 I. "Transit and walking go together - people choose to walk more when transit choices are near." Such choices include the ability to park within_ close proximity of transit centers. "The port Angeles Multi-modal Transportation Project Action Plan Report from December 1994 recommended shared use parking structures to allow for parking'during peak demand. It further recommended that business and long term ferry parking be increased in the Downtown. The plan noted that additional ferry parking is a seasonal problem that is significant only 3 to 4 months of the year as well as holidays and weekends. Based on other jurisdictions in the United States, parking requirements for mass transit terminals can range from one space for every 200 square feet to one space for every 600 square feet (Bergman). Considering the Gateway facility could be comprised of up to 52,000 square feet, parking requirements for the facility alone would range between' 87 and 260 spaces. As a result of both parking loss and transit facility needs, a minimum of 298 spaces would help Downtown maintain its existing level of service for parking. This would include 87 spaces for the transit facility and 211 replacement spaces for Gateway and the Oak Street site. Parking Alternatives Alternative 1 No Structure Alternative (maintain existing buildings) This alternative would result in a loss of 106 parking spaces from the gateway site. The Niichel site would be maintained in its existing state with no buildings removed and no parking structure constructed. This alternative would eliminate the need for building demolition and allow for a total of 187 parking spaces. It would not provide for replacement with regard to Oak Street Parking which would be lost to future development of the site. Alternative 2 No Structure Alternative (remove existing buildings) Alternative 2 provides for the elimination of buildings on the Niichel site resulting in a gain of 64 spaces compared to Alternative 1 but will still result in a loss of 42 spaces for this site. As with Alternative 1 this approach would not replace Oak Street Parking lost to future development of the site. Alternative 3 Two level Structure A multi-storied structure has added benefits in that it provides additional parking while improving the efficiency of the site. This alternative would result in a total of 289 parking spaces only 4 spaces short of the number of existing spaces. This alternative would consist of a 2 story facility with access to the first level on Railroad Avenue and access to the second level on Front Street. Downtown Parking Facility Analysis and Need Study 2005 - NiichelSite 6 ~. ~ ~~ ~ W+E , Alternative 4 Three level Structure The most beneficial approach would be to construct a 3 story parking facility. However, this approach would also be the most costly for construction per parking space gained. Such a structure would replace all of the 293 existing spaces on the Gateway and Niichel sites. Additionally, it would replace all but 7 of the spaces lost by potential Oak Street Development. It should be noted that for all of the alternatives, multiple variations and detailed parking space engineering alternatives were not analyzed due to the limited scope of this study. Downtown Parking Facility Analysis and Need Study 2005 - NiichelSite 7 r~ Conclusion As a result of this study, two primary needs have been established for a parking facility in the Downtown area including the potential loss associated with the development of existing parking areas and the need for parking in support of a multi-modal transit facility. Several studies have been conducted that have identified the need for additional parking in downtown Port Angeles. ,Further parking demand will be created by completion of the Gateway project and the development of the Oak Street property. An appropriately designed pedestrian friendly and transit oriented parking facility would complement and directly contribute to the intent of the Gateway project. It is in the public's best interest to reduce the number of parking lots in the Downtown area by consolidating parking. Concentration of parking into a parking facility can result in the aggregation of Downtown properties into more attractive, developable parcels that provide opportunities for new economic development. A parking facility can help to reallocate valuable commercial real estate for new development and common open space areas. Such a facility will contribute to creating a more transit friendly and walk-able Downtown. The parking facility will show positive city leadership in establishing a trend towards central downtown parking that will enhance the attractiveness and business opportunities in the Central Business District. It should be noted that a more complete full downtown parking plan is still a work in progress. Downtown Parking Facility Analysis and Need Study 2005 - Niiche/Site ----I 8 Summaries of Ordinances Adopted by the Port Angeles City Council on December 20. 2005 Ordinance No. 3228 This Ordinance of the City of Port Angeles, Washington, approves the purchase of the Niichel property to be acquired in part for off-street parking. Ordinance No. 3229 This Ordinance of the City of Port Angeles, Washington, revises the nuisance and junk vehicle enforcement procedures, adds a new chapter 8.30, and amends Ordinances 2469 and 2698, as amended, and repeals Chapter 8.04 of the Port Angeles Municipal Code. Ordinance No. 3230 This Ordinance of the City of Port Angeles, Washington, creates a fund for the administration and accounting of revenue from the Department of the Interior for upkeep, operation, maintenance, and repairs of the City's municipal water treatment plant, and adds a new section 3.42, to Chapter 3 of the Port Angeles Municipal Code. Ordinance No. 3231 This Ordinance of the City of Port Angeles, Washington, revises water service rates and amends Chapter 13.44 of the Port Angeles Municipal Code. This Ordinance shall take effect January 1, 2006. The full texts of the_ Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. Unless otherwise stated above, these Ordinances shall take effect five days following the date of publication by summary. Becky J. Upton, CMC City Clerk Publish: December 25.2005 5.173 RESOLUTION NO. 26-05 A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a public hearing on December 20th, 2005 to consIder an ordinance authorizing the purchase of property to be acquired, in part, for off-street parkmg. WHEREAS, a public hearing is necessary to consider the purchase of property to be acquired, in part, for off-street parkmg; BE IT RESOLVED, that the City Council will hold a public hearing on the 20th day of December, 2005, commencing at 7:00 p.m. or soon thereafter, at 321 East Fifth Street, Port Angeles, Washington, to consider the purchase of property for off-street parking The subject of the heanng WIll be the requirements for off-street parking facilIties in the downtown area, the ! financing for the purchase of the property and the method by which the property WIll be operated I and managed. PASSED by the City Council of the City of Port Angeles at a regular meeting I of said Council held on the 6th day of December, 2005. \) ^,m ~. I ~d it. Headrick, Mayor ATTEST: II II A~(! ~~ ~JptnA I Becky J. up~ C~ Clerk I I APPI?bVED AS !O FO-gM: I /7 I; ~ ,;(, ; I / I ~'I -, " . c: ' ---- -- 'I! ,/,0/' L-- ,: /,/~ ..- ~I- - j / William E. Bloor, City Attorney Rl005-24 SettmgHeanngDate-Nllchel wpd "': . . 5.77B -.0 AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY This Agreement is made and entered into thIS LI!#-aay of ~06 between Richard J. Niichel and Frantts M. NiIchel, husband and wife, hereinafter referred to as "Seller", and the City of Port Angeles, a municipal corporation of the State of Washington, hereinafter referred to as "Purchaser." For and in consideration of the terms and provisions set out below, and the performance to be rendered, the parties hereby recite, and agree as follows:, 1. The Seller represents that they are the owners in fee simple of the following described property, hereafter referred to as "the Property," located at 111 E. Front Street, Port Angeles, Washington: A portion of Tideland Block I, east of Laurel Street within the Port Angeles tidelands, Clallam County, Washington as shown on the supplemental map of Port Angeles tidelands filed in the office of the Board of State Land Commissioners on the 9th day of March, 1894, described as follows: Lot 8, Lot 7 and the West half of Lot 6, except the South 10' (feet) thereof. Said lands identified per Clallam County Parcel #'s 0630005000700000 and 0630005000800000 and as shown per Record of Survey recorded in Volume 56 at Page 70. The Parties intend that this Agreement include all real property owned by the Seller at or near this location. The Purchaser is authorized to attach a corrected legal description, if necessary. 2. The Seller represents that they have the full nght and authority to convey marketable fee simple title to the Property, and the Seller agrees to sell, transfer, convey and warrant to the Purchaser the Property. 3. In consideration for conveyance of the property, the Purchaser shall deliver to the Seller at closing a bond on the following terms: Principal amount of $1.2 million with an interest rate of 6.5% per annum. The term shall be 15 years. Of that amount, $200,000 will be amortized over 15 years in accordance with the amortIzation schedule that is attached hereto marked Exhibit A and incorporated herein by this reference. At the end of 15 -1- ~. years, the bond will provide for a $1 million balloon paYment. The bond will not be in marketable form. Upon receipt of the bond, Seller agrees to execute a Certificate similar in form to the Exhibit B that is attached hereto and incorporated herein by this reference. The bond will include language that it is given for the purchase of real property. The bond will not allow for prepaYment or refunding. The Seller will not retain or be granted any security interest, mortgage, hen or any right, encumbrance, or interest in the Property. The parties will sign an acknowledgement that the Purchaser has not attempted to acquire the Property by eminent domain proceedings and has not threatened to use eminent domain proceedmgs to acquire the Property. 4. At closing the Seller shall pay one half and the Buyer shall pay one half of closing costs. Closing costs shall include real estate excise tax due on this transaction, if any. o 5. Purchaser shall be entitled to posseSSIOn upon execution of the Contract. 6. Seller shall pay at or before closing all taxes, assessments, utility charges and operation charges levied or assessed against the Property. In the event Purchaser pays any taxes, assessments, rents or charges to be paId by Seller, Seller shall promptly reimburse Purchaser. 7. All improvements now or hereinafter made to or placed on the property shall become a part thereof and shall not be removed. 8. Purchaser's obligation under this Agreement is subject to its right to conduct an environmental investigation of the property within 30 days. If such investigation reveals contamination of a level significant under any state or federal law, the Purchaser, at its discretion, may rescind this Agreement. Purchaser's obligation under this Agreement is further subject to successful completion of all legally required procedures that are prerequisite to acquisition of parking space by the City. 9. If there is a mortgage, lien, or other secured obligation on the Property, Seller shall fully discharge the same at or before closing; and Seller agrees to indemnify, defend and hold Purchaser harmless with regard thereto. 10. At closing, Seller shall execute and deliver a Statutory Warranty Deed conveying the property free and clear of all encumbrances. The Deed shall be in the sole name of the City of Port Angeles, a municipal corporation of the State of Washington, as Purchaser. 11. The Parties shall obtain a title report on the Property. The report must show the Seller has unencumbered fee simple title with unrestricted right to convey. If it does not, Purchaser, at its option, may rescind this Agreement. 12. If either party commences an actIOn to enforce rights under this Contract, venue of such action shall lie in the Superior Court of Clallam County, Washington. -2- 13. The obligation of the Purchaser under this Agreement is subject to the right of the Purchaser to review the existing leases on or relating to the property. All existing leases on the property will be assigned to the Purchaser at closing. The Purchaser shall have a right to make a reasonable determination that the leases contain terms and provisions that are satisfactory to the Purchaser. SELLER, Richard J. Niichel and Francis M. Niichel PURCHASER, The City of Port Angeles ~ BY~~.~~ TItle: _ _~ ~-N.~ ~;J Attest FranCIS M. Niichel Approved as to Form: B~ /.~le;j)y:>h1A- AP~r ved as to Form;:i2-' / /1 ( ~ I; .- "-~)- - William E. Bloor, City Attorney *~, Dll v id \'. J ehnse)l~, -AttUlllGy K,)I ScHer STATE OF ARIZONA ) 1Jf~~~ j ) ss. COUNTY OF ,,-- -- -_1__ ) On this day personally appeared before me Richard J. Niichel and Franc~ M. Niichel, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therem mentioned. Given under my hand and official seal this ~ 4day 0~2006 ~J;J~ No~a:y PublisJn anj... fo~9:e" ~te oj Arizona, reSIdIng at ~ ~ tl? My commission expires: 7t..471, /1 ~t.JOR -3- ~~lIj<(i,qm"'If><'.t"~~~....,..<r""...~=::, 1~:~:;:"'~"""'..":4-:<~ '''"~~t'oN''''-'':').l,''_~\ 1 louist1~ tt1SB ~ i NOTARY PUBLIC. State of Anzona \ MARICOPA COUNlY :L,~:;"'''n't'~~ Gpmfl.l. fxf)irflS Nov, 19,2008 .. " ' .... STATE OF WASHINGTON) ) ss. COUNTY OF CLALLAM ) On this L?tif day of j2,~2006, before me, a NO~ Public for the Slate of Wasbington, duly commissioned and sworn, personally appeared J '-1 a ~"'-' and Becky J. Upton, to me known to be the ~~...AJ..-t J " and City C r of the municipal corporation that executed the within and ore mg mstrument, and acknowledged Said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument, and that the seal affixed is the seal of said corporation. Given ugdet:rqy chan<;l and official seal the day and year first in this certificate above written. ~-~ ~ .-:~. .'. .(Y~L\ v . ~\ON'" .'1/\ 'J ,>,i . ~s., "-\',0. ~ "::'V . ~ ~. .n v C) :o~o1Af? (('<1>00 v' . > :~ * P: . ^ \0. : .. ""'UB\..\ ~: ~ , ~ ..0<-24'(;:).. ~ '1'1:' .. 0 0 0.. ~0 " , OF WASI(..\ G:\Legal_Backup\AGREEMENTS&CONTRACTS\2005 Agmts&Contracts\Nlichel Agreemen 3t.doc -4-