CHELAN CITY COUNCIL AGENDA

Transcription

1 September 26, :00 p.m. CHELAN CITY COUNCIL AGENDA Chelan City Hall Council Chambers 1. CALL TO ORDER, PLEDGE OF ALLEGIANCE, ROLL CALL 2. AGENDA CHANGES 3. CITIZEN COMMENTS Items not on the agenda. Time limited per the Mayor. 4. MINUTES A. Approve Minutes of the August 22, 2017 Regular City Council Meeting (Gallucci) August 22, 2017 B. Approve Minutes of the September 5, 2017 Special City Council Workshop (Gallucci) September 5, 2017 C. Approve Minutes of the September 12, 2017 Regular City Council Meeting (Gallucci) September 12, CONSENT AGENDA A. Approve September 26, 2017 Claim & Payroll Warrants (Harper) 6. SPECIAL PRESENTATIONS A. FUSION (Allen) 7. PUBLIC HEARINGS A. None 8. MOTION CONSIDERATIONS A. Gordon Thomas Honeywell Governmental Affairs Agreements (Cooney) Gordon Thomas Honeywell Governmental Affairs Agreements Suggested Motion: I move to authorize the Mayor to finalize and execute the agreements with Gordon Thomas Honeywell Governmental Affairs. 9. ADMINISTRATIVE REPORTS A. Comprehensive Plan Update Deliberations Continued G (Gildroy) Comprehensive Plan Update Deliberations Continued Suggested Motion: None at this time INFORMATIONAL ITEMS These items are for informational purposes only and are generally not discussed. A. Advanced Agenda Advanced Agenda Page 1 of 63

2 11. MAYOR AND COUNCIL COMMENTS 12. CITY ADMINISTRATOR/DEPARTMENT DIRECTORS REPORTS 13. RECESS - AIRPORT BOARD MEETING 14. EXECUTIVE SESSION 15. ADJOURNMENT One of the best things you can do to improve the world is to improve yourself. Jen Sincero City of Chelan Vision Statement A welcoming community dedicated to a thriving year round economy and the preservation of Lake Chelan. Page 2 of 63

3 CITY OF CHELAN City Council Meeting - August 22, 2017 COUNCIL AND ADMINISTRATIVE PERSONNEL PRESENT Mayor: Michael Cooney Councilmembers: Kelly Allen Ray Dobbs Guy Harper Wendy Isenhart Erin McCardle Cameron Morehouse Servando Robledo Staff Present: Mike Jackson, City Administrator Quentin Batjer, City Attorney Peri Gallucci, City Clerk Cheryl Grant, Finance Director Karen Sargeant, Parks, Recreation & Community Services Director Craig Gildroy, Planning Director Dwane Van Epps, Public Works Director Jake Youngren, City Engineer Joey Meisenheimer, Associate Planner Linda Williams, Permit Technician 1. CALL TO ORDER, PLEDGE OF ALLEGIANCE, ROLL CALL 2. AGENDA CHANGES A. None. 3. CITIZEN COMMENTS Items not on the agenda. Time limited per the Mayor. 4. MINUTES A. None. 5. CONSENT AGENDA All items under the consent agenda are approved with one motion. A. August 22, 2017 Claim Warrants No to totaling $237, and Payroll Warrants No to totaling $206, B Budget Calendar Acceptance C. First Half 2017 Financial Reports Motion to approve the consent agenda. Moved by Councilmember Isenhart, seconded by Councilmember Morehouse. Motion passed unanimously. Page Page 1 of 3 of 13 63

4 6. SPECIAL PRESENTATIONS A. None. 7. MOTION CONSIDERATIONS A. Airport Master Plan FAA Grant Offer Acceptance City Administrator Jackson explained the next three items were all related to the FAA mandated Airport Master Plan Update. The first is the FAA Grant Offer, the second is the WSDOT Grant Offer, and the third item is the Professional Services Agreement with J-U-B Engineers. The City issued Requests for Proposals and J-U-B Engineers were selected for the project. Scope of Services negotiations have been concluded and the project cost is $380, The FAA Grant offer is $346,579 which will cover the costs for 90% of the project. The City and WSDOT - Aviation Division will each provide five percent (5%) matching funds. Motion to accept the FAA Grant Offer for the Airport Master Plan Update. Moved by Councilmember Allen, seconded by Councilmember McCardle. B. Airport Master Plan WSDOT Grant Offer Acceptance There was no further Council discussion on this item. Motion passed unanimously. Motion to accept the WSDOT Grant Offer for the Airport Master Plan Update. Moved by Councilmember Allen, seconded by Councilmember McCardle. Motion passed unanimously. C. Professional Services Agreement with J-U-B Engineers for the Airport Master Plan Update There was no further Council discussion on this item. Motion to authorize the Mayor to execute the Professional Services Agreement with J-U-B for the Airport Master Plan Update. Moved by Councilmember Isenhart, seconded by Councilmember Allen. Motion passed unanimously. D. Johnson Avenue Building Lease Agreement with Kelly Allen Financial Services Councilmember Allen recused herself for this agenda item and left the "dais". City Administrator Jackson informed Council the City had issued a Request for Proposals and received no responses. Ms. Allen was already a sub-lessee of the previous lease holders and would like to lease the building herself. The lease amount will be $1500 per month and there are no substantive changes to the previous lease agreement. Page Page 2 of 4 of 13 63

5 Motion to authorize the Mayor to execute the Johnson Avenue Building lease agreement with Kelly Allen Financial Services. Moved by Councilmember Isenhart, seconded by Councilmember Morehouse. Motion passed unanimously. E. Chelan County Solid Waste & Hazardous Waste Program Interlocal Agreement Councilmember Morehouse explained this was an updating of signatures for the existing agreement. The terms are the same as the previous agreement. Motion to authorize the Mayor to enter into the Interlocal Agreement with Chelan County for the county-wide solid and hazardous waste program. Moved by Councilmember Isenhart, seconded by Councilmember Allen. Motion passed unanimously. 8. ADMINISTRATIVE REPORTS A. None 9. INFORMATIONAL ITEMS These items are for informational purposes and are generally not discussed. A. Advanced Agenda 10. RECESS - AIRPORT BOARD MEETING A. The City Council meeting was recessed at 6:11 p.m. to allow City Council to participate in the Airport Board meeting. The City Council meeting was reconvened at 6:12 p.m. 11. PUBLIC HEARINGS A Comprehensive Plan Update Public Hearing Mayor Cooney stated the City was trying to balance the community's vision with property owner's rights and the purpose of this public hearing was to take public comment on the Planning Commission's recommendations. He then read the procedure for the public hearing. Planning Director Gildroy stated this was the twenty fourth public meeting held on the Comprehensive Plan Update. He explained the Tourist Accommodation Overlay Zone (T-A Overlay) has the widest variety of uses and many of the requests, comments and concerns which have been received have to do with T-A Overlay Consultant Lisa Grueter presented a PowerPoint which is incorporated into these minutes. Councilmembers asked various questions regarding the T-A Page Page 3 of 5 of 13 63

6 Overlay including the Department of Transportation's input, traffic concerns and diverting commercial activity away from downtown. The Public Hearing was opened at 6:25 p.m. Clint Campbell, Chelan, provided public comment stating he was withdrawing Campbell's request for the rezone of their three acre property by the golf course. Chris Martin, Wenatchee, provided public comment on the Three Fingers and is looking for a win for the City and GBI. He produced a conceptual drawing. Magnolia Polley, Chelan, provided public comment in support of the T-A Overlay Zone on Chelan Butte Road. Steve Kline, representing Friends of Lake Chelan, provided public comment in support of open lake access and the purchasing the Three Fingers from GBI. John Olson, Chelan, speaking on behalf of the Friends of Lake Chelan, provided public comment in opposition of the T-A Overlay on Campbell's Avenue. Lynette Brandy, Chelan, provided public comment in favor of affordable housing, mandatory workforce housing and having the Three Fingers become a park. Jim McElvaney, Chelan, provided public comment on retaining the character of the City and in favor of Three Fingers becoming a park. Jim Tuttle, Chelan, provided public comment in favor of the City funding a park at Three Fingers. Jill Fletcher, Chelan, provided public comment in opposition to the T-A Zone. Eric Oswald, Chelan, provided public comment supporting the T-A Zone at Little Butte Road. Page Page 4 of 6 of 13 63

7 John Dryer, Chelan, provided public comment on three issues including Chelan Hills zoning, utility projects and short term rentals. Krisal Samaniego, Wenatchee, provided public comment in opposition to GBI developing the Three Fingers. Harold Schell, Chelan, provided public comment requesting T-A Zone in the Apple Blossom neighborhood. Jodi Reid, Chelan, provided public comment in opposition to multifamily homes in single family residential neighborhoods as she is worried about the elderly on a fixed income. Paul Palumbo, Chelan, agrees with the previous speaker the City needs to protect the vulnerable citizens of our community. Virginia Palumbo, Chelan, agrees with previous speaker and provided public comment on the need for affordable housing and lake access. Vanessa, Wenatchee, provided public comment in opposition of paying for something not wanted. David, Wenatchee, provided public comment in opposition of taking down trees. Tom Rissman, Chelan, provided public comment in opposition of changing zoning from residential to T-A Zone on Highway 150 at Cabana Row. Maria Goulet, Chelan, provided public comment in opposition to the T-A Zone in residential neighborhoods. Brigitte Stabz, Chelan, provided public comment in favor of Campbell's Avenue T-A request. Jeff Ballod, Bear Mountain, has a very specific request as he has a purchase contract on property in downtown Chelan which is DMU. Financing being impacted because if catastrophic loss, it cannot be rebuilt as a single family residence. Page Page 5 of 7 of 13 63

8 Loren Combs, Tacoma, provided public comment supporting removing the T-A Zone from the 2017 Comprehensive Plan Update. His clients have agreed to give up development rights until January 2019 so the City and everyone involved can work out a mutually beneficial plan. The Public hearing was closed at 7:28 p.m. 12. MAYOR AND COUNCIL COMMENTS A. Councilmember Allen Attended the LINK Transit Board meeting. The Manson to Chelan route has a lot of unreliability. There is concern on how LINK will try and facilitate the highway expansion to grow with traffic. Stated Council is listening to the citizen's concerns regarding the comprehensive plan. The concerns do not fall on deaf ears and she is thankful citizens are here. B. Councilmember Dobbs Passed. C. Councilmember Harper Passed. D. Councilmember Isenhart Councilmember Robledo attend the last NCWEDD meeting with her and they had a presentation from the Art Alliance in Wenatchee. She would like to reach out to artists as they are economic drivers. She would like them to come to a presentation to the Council. E. Councilmember McCardle Asked Planning Director Gildroy what the next steps in the Comprehensive Plan Update process were. He informed her Council will deliberate at the September Council meetings and the goal is to have Council make a decision in September. F. Councilmember Morehouse Nominated Representative Mike Steele for an award through AWC for various items including securing the $280,000 for the City as City funds were used for the No-See-Um Roundabout. He encourages citizens and the Council to send in comments to Dave Williams. G. Councilmember Robledo Passed. H. Mayor Cooney Thanked everyone for the public hearing and the public input. He and the Council get to work with terrific staff. Page Page 6 of 8 of 13 63

9 13. CITY ADMINISTRATOR/DEPARTMENT DIRECTOR'S REPORTS A. None. 14. EXECUTIVE SESSION A. None. 15. ADJOURNMENT The meeting was adjourned at 7:34 p.m. DATE APPROVED BY COUNCIL: Peri Gallucci City Clerk Michael Cooney Mayor Page Page 7 of 9 of 13 63

10 8/22/2017 City of Chelan Comprehensive Plan Update City Council Hearing August 22, 'f:-^ Agenda til Purpose of Plan Update Public Outreach & Engagement Planning Commission Recommendations Public Hearing & Deliberation Schedule Page Page 8 10 of of 13 63

11 8/22/2017 What is a comprehensive plan? Required by the Growth Management Act Guides Chelan's physical development over 20 or more years Establishes land use plan that is implemented by zoning Plans for Chelan's expected growth in housing and jobs Coordinates services and capital investments Addresses community values, city functions Provides a statement of policy Promote Community character More housing choices New places to work and shop Better connected roads New recreation opportunities Improved public services Protected natural systems Coordinated investments in Public Outreach & Engagement How shoui we grow?_i rchelan'i Vou think? g ission ^gs& itlngs Coimd Hearings Meetin Lartd Use ChanM Proposals Page Page 9 11 of of 13 63

12 Sf22l2011 Documents Draft Comprehensive Plan Elements-July 2017 Includes Land Use Map / Zoning Map Comprehensive Plan Appendix A- Capital Facilities Plan July 2017 staff has updated Airport Information Draft Zoning Code Amendments -July 2017 Other Municipal Code Amendments - July 2017 Attachments to Other Municipal Code Amendments - May 2017 Latest TIP to be included Comprehensive Plan Appendix B Definitions July 2017 Planning Commission Recommendations Approve the Comprehensive Plan Update with amendments. Approve the Future Land Use Map/Zoning Map as presented in the Land Use Element Update with amendments. Approve the Municipal Code Amendments with amendments. Page Page of of 13 63

13 ^ Comprehensive Plan Update Plan Elements Overview and Vision «Land Use Downtown Economic Development Housing Capital Facilities Utilities Transportation Appendices Capital Facilities Plan Definitions (from 2011 plan) helan Comprehensive Plan Vision The City of Chelan offers a spectacular natural setting, small town charm, recreational amenities, and friendly people. Long-time residents and first time visitors alike are attracted to the walkable downtown, expansive parks and open spaces, and wineries and agricultural vistas in a relaxed setting. The City of Chelan aims to conserve the qualities that make Chelan a great place while embracing sensible growth and change. Chelan continues to have a strong tourism focus while building a thriving local economy with diverse, next generation jobs. Agricultural heritage is protected with right to farm policies and codes, and agri-tourism opportunities support ongoing agriculture and the economic base. Chelan encourages a spectrum of housing choices to meet all needs. Intent of Future Land Use Plan / Zoning Pronioiss mixed uses,, idgrer defoities, and infill in Downtown where there are supporting services and transportation. Reserves waterfront areas for waterdependent, water-related, and waterenjoyment uses as well as residential uses. Reinforces ChelaiVs agricultural heritage at gateways and within Cord Acres by providing for agri-tourism activities, allowing lower densities and clustering, and conserving agricultural vistas. Promotes low-density residential dwellings, seasonal housing, and tourist accommodations that are designed to respect Chelan's natural topography, environment, and iconic views. Supports a wide arra' - o? : aubf aj choices to fit different households' lifestyle and economic needs while reflecting enduring design quality. Encourages year-round family wage Jobs and supporting the wine and agricultural industry in industrial areas. Reinforces access to the Lake and supports healthy lifes^les and Chelan's tourism base with recreation and park facilities, and public facilities that serve the community. Page Page of of 13 63

14 SI22I2011 Page Page of of Future Land Use and Zoning Map Respond to Vision and Land Use Workshops and Property Owner Rec^uests Key Changes: ~15 Areas UGA reductions: North, East, South (Modified) UGA-I^ Added areas of R-M and T-A OMR: «Expanded next to Downtown, abutting C-HS, and in South Chelan Correction to DSF = DMR Small additions to SUD near Lord Acres Small changes to C-HS and C-W Added overlays: T-A on Butte and Live-Work in W-l Overlay Zoning & Municipal Code Update Title 17 Zoning Code Zone Uses and Development Standards Zone Titles and Obsolete Zones Procedures and Criteria (e.g. FDD, Conditional Uses) Chapter Critical Areas Title 15 Buildings and Construction Title 16 Land Divisions Titie 19 Administration of Development Regulations Title 25 Development Standards Shoreline Master Program il^y mmi

15 8/22^2017 Public Hearing & Deliberation Schedule Hearing August 22; 2017 Chelan High School Performing Arts Center (RAG) Deliberation and Potential Action September 12; 2017 September 26, 2017 Page Page of of 13 63

16 MINUTES OF THE SEPTEMBER 5, 2017 CITY COUNCIL WORKSHOP City Hall, 135 East Johnson Avenue, Chelan, Washington 1. CALL TO ORDER The meeting was called to order at 5:00 p.m. ELECTED OFFICIALS PRESENT: Mayor Cooney, Councilmembers Allen, Dobbs, Harper, Isenhart, McCardle, Morehouse, and Robledo. STAFF PRESENT: City Administrator Jackson, City Clerk Gallucci, City Engineer Youngren, Finance Director Grant, Parks Director Sargeant, Planning Director Gildroy and Public Works Director Van Epps. 2. EXECUTIVE SESSION At 5:02 p.m. Mayor Cooney announced there would be an executive session regarding Matters of Potential Litigation RCW (1)(i)(ii) lasting one hour. At 5:02, Mayor Cooney announced the executive session was extended for ten minutes. At 5:12 p.m., the executive session ended and the Special City Council Workshop reconvened. 3. GORDON THOMAS HONEYWELL GOVERNMENTAL AFFAIRS PRESENTATION Briahna Murray, Vice President, Meg Van Schoorl, Director of Project Development and Chelsea Hagor, Governmental Affairs Consultant, discussed their lobbying and project development services and how they can assist the City with these services. 4. CAPITAL FACILITIES PLAN/CAPITAL IMPROVEMENT PLAN (FINANCING BOND ISSUES) Finance Director Grant stated the Capital Facilities Plan (CFP) is a powerful document. It assists with keeping Council focused on projects within the adopted plan and aids staff in keeping on track with Council s priorities. The CFP is a source document which should be used to assist Council with budget planning. Staff briefly discussed potential projects including the Six Year Transportation Improvement Plan, electrical upgrades at the Lakeshore RV Park, Lake Chelan Municipal Golf Course irrigation, and the Parks Maintenance building. 5. FINANCIAL POLICIES Finance Director Grant reviewed proposed financial policies with Council. 6. DIRECTOR S DEPARTMENT REPORTS Public Works Director Van Epps The overlay paving project bids came in over the amount of budgeted amount. He has had discussions with the developer Jim Busey for assistance with the additional funds needed. He will be requesting a budget amendment at a future Council meeting. He will also be requesting budget amendment authorization for an additional $65,000 for the No-See-Um Roundabout project for the addition engineering and realigning of the utilities. Some of these cost will be recovered from developers and WSDOT. 1 Page 16 of 63 2

17 City Engineer Youngren None. Parks Director Sargeant Discussed the list she distributed to Council including completed, current and potential future capital projects, revenue from the new parking kiosks, Lakeside Park parking issues, and the problems associated with attracting and retaining seasonal employees. She would like to increase their wages. Finance Director Grant The State Auditors are here and indicated they are making multiple requests for the same documents. If you get a request from the Auditor for information, please provide it in a timely manner. Planning Director Gildroy He will be requesting a contract extension for Berk Consulting to continue assisting with the Comprehensive Plan Update. The Chelan Fruit Annexation is moving forward. He has a pre-application meeting for a fourteen unit apartment building. The Lakeside School building has applied to change occupancy from school to restaurant/bar. The Woodin Avenue Landing Project shoreline permit is close to being issued. The new Code Enforcement Officer, Casey Tjeerdsma is working out well. Fifteen junk vehicles have been tagged and five were towed today. He is also working on fire hazard issues. City Administrator Jackson Discussed the proposed changes to the Chelan County Sheriff s Law Enforcement Contract including the fee structure stating the City has a guaranteed fixed increase, the ability to interview candidates for the Chelan supervisor, although the final decision will rest with the Sheriff, and minor changes to the termination period. He stated the City has more reported service hours than the six FTE in the current contract. 4. ADJOURNMENT The workshop was adjourned at 6:46 p.m. DATE APPROVED BY COUNCIL: Peri Gallucci City Clerk Michael Cooney Mayor 2 Page 217 of 63 2

18 CITY OF CHELAN City Council Meeting - September 12, 2017 COUNCIL AND ADMINISTRATIVE PERSONNEL PRESENT Mayor: Michael Cooney Councilmembers: Kelly Allen Ray Dobbs Guy Harper Wendy Isenhart Cameron Morehouse Servando Robledo Staff Present: Mike Jackson, City Administrator Quentin Batjer, City Attorney Peri Gallucci, City Clerk Jake Youngren, City Engineer Karen Sargeant, Parks, Recreation & Community Services Director Craig Gildroy, Planning Director Dwane Van Epps, Public Works Director Excused Absences: Erin McCardle 1. CALL TO ORDER, PLEDGE OF ALLEGIANCE, ROLL CALL 2. AGENDA CHANGES A. Add Excuse Councilmember McCardle from the September 12, 2017 Regular City Council Meeting 3. CITIZEN COMMENTS Items not on the agenda. Time limited per the Mayor. A. John Fragnito, Chelan, asked Council to allow him to pay 10-15% of his monthly City water and sewer charges as there is no building on his property at this time and he has had some financial issues. B. Steve Kline, Chelan, read a letter on behalf of Friends of Lake Chelan regarding the two additions to the economic development element of the Comprehensive Plan. They would like a financial analysis of the City's debt capacity. C. John Olson, Chelan, read a letter in response to the September 6, 2017 Goodfellow's article on GoLakeChelan.com. He questioned how GBI's proposal benefited the citizens of Chelan. 4. MINUTES Page 18 of 63 7

19 A. Approve Minutes of the August 8, 2017 Regular City Council Meeting Motion to approve the minutes. Moved by Councilmember Isenhart, seconded by Councilmember Morehouse. Motion passed unanimously. 5. CONSENT AGENDA All items under the consent agenda are approved with one motion. A. September 12, 2017 Claim Warrants No to totaling $1,045, including Voided Warrants No and due to printer malfunction, Payroll Warrants No to totaling $257, and Payroll Warrant No which replaces Warrant No with Affidavit of Lost Instrument totaling $0.00. B. Chelan Fruit Annexation Set Petitioner Meeting Date C. Excuse Councilmember McCardle from the September 12, 2017 Regular City Council Meeting Motion to approve the consent agenda. Moved by Councilmember Harper, seconded by Councilmember Morehouse. Motion passed unanimously. 6. SPECIAL PRESENTATIONS A. HDCA Main Street Business & Occupation Tax Credit Program President Linda Van Lunsen and Executive Director Jessie Simmons reviewed the history of the Historic Downtown Chelan Association. They reviewed past, current, and future projects including the Woodin Avenue Landing. They are one of only sixteen communities in the state who participate the Mainstreet Program which allows them to utilize B&O taxes from local businesses for partial funding of the HDCA. Businesses receive a tax credit for doing this. They are requesting $80,000 of funding from the City. The program allows the City to receive $60,000 in tax credits so the actual cost to the City is $20,000. B. Lake Chelan Arts Council Sculpture Placement Barb Koenig, Lake Chelan Arts Council, asked Council to approve a new location for a new sculpture. She will be meeting with the Arts Council on September 18, 2017 to determine if they are in support of the sculpture. She has requested the Caldwell Banker property on the corner of Woodin. She was informed the City cannot insure sculptures on private property so she suggested two additional sites. 7. PUBLIC HEARINGS A. None. Page 219 of 63 7

20 8. MOTION CONSIDERATIONS A. Chelan County Sheriff's Office Law Enforcement Services Agreement City Administrator Jackson stated there had been several meetings between the Chelan County Sheriff's Office and several discussions with Council regarding the proposed changes to the agreement. He stated the City pays for six FTE but the 2016 Annual Report showed 18,460 patrol hours which works out to the City receiving approximately 8.9 FTE. The annual increase to the agreement is a fixed amount of approximately 3.7%. Motion to authorize the Mayor to finalize and execute the Chelan County Sheriff's Office Law Enforcement Services Agreement for Moved by Councilmember Dobbs, seconded by Councilmember Isenhart. Motion passed unanimously. B. Additional Paving Overlay Budget Amendment Authorization Public Works Director Van Epps stated this was discussed at the September 5, 2017 workshop. The yearly overlay project bids were approximately $20,000 more than budgeted for. He is requesting a budget amendment so the project can be finished. The City will be partnering with some adjoining property owners who will share the costs and reimburse the City approximately $6,000. Motion to authorize a budget amendment in the amount of $20,000 to be added to the yearly street overlay project. Moved by Councilmember Isenhart, seconded by Councilmember Allen. Motion passed unanimously. C. WSDOT Temporary Service Agreement Amendment & Budget Amendment Authorization Director Van Epps reminded Council he had discussed this budget amendment authorization at the Council workshop held on September 5, There were unknown underground utilities which needed additional design. Washington State Department of Transportation and the Lake Chelan Reclamation District will reimburse the City for a portion of the project costs. Motion to authorize the Mayor to finalize and execute Amendment No. 2 to the Temporary Service Agreement SBT1602 between WSDOT and the City of Chelan; and amend the Water and Sewer Capital budgets in the amounts of $42,250 and $22,750 respectively. Moved by Councilmember Isenhart, seconded by Councilmember Allen. Motion passed unanimously. D. Berk Consulting Agreement Amendment & Budget Amendment Authorization Planning Director Gildroy stated this request was to retain Berk for the additional meetings and revisions for the 2017 Comprehensive Plan update. Staff has stretched the previously budgeted amount which was originally going to be depleted in June up until the current meeting. Page 320 of 63 7

21 Motion to authorize the Mayor to finalize and execute the added Berk Consulting Scope of Services and authorize a budget amendment in the amount of $10,647. Moved by Councilmember Dobbs, seconded by Councilmember Allen. Motion passed unanimously. 9. ADMINISTRATIVE REPORTS/DISCUSSION ITEMS A. Comprehensive Plan Update Deliberations Planning Director Gildroy and Consultant Lisa Grueter presented a PowerPoint presentation with Planning Commission's recommendations for the Comprehensive Plan Update which is incorporated into these minutes. Mr. Gildroy explained under the Growth Management Act a single motion is required to update the Plan so at this time, he is looking for Council's direction on how to proceed and staff will incorporate Council consensus items into the final proposal. The statutory deadline has passed and he would like to bring back the adopting ordinance at the October 10, 2017 Council meeting. There are fifteen areas of change on the Future Land Use Map. Tourist Accommodation Overly was updated. Most land uses are identical but different in terms of density which are unique to the location. There was Council consensus to honor Campbell's withdrawal request to change zoning on Campbell's Avenue from SFR to R-M. Application of the Downtown Mixed Use zone to the downtown multi-family (R- M) zoned areas. density limitations but includes design standards. Property owners made request for six lots on the north of Campbell Avenue to become TA zone. Council consensus was to remove this item and have them go through the Comprehensive Plan amendment process and subsequent rezone process which would generate the 300 foot mailing requirement with the Hearing Examiner making the decision. Request to change to T-A Zone from property owners on Cabana Row. These properties were annexed into the City in Discussion was the similar stating this should go through the regular zoning process where the neighbors should receive notification. Staff reminded Council that this Comprehensive Plan update process is a valid process. Council should avoid decisions based upon another process and should grant or deny the request. Councilmember Allen disclosed one of the properties was hers and stated this procedure is a legal process. Councilmember Dobbs stated it should have to go through the same process as the item before this one. Councilmembers Robledo and Isenhart stated they needed more information to make a decision. Councilmembers Dobbs, Harper, and Morehouse requested it be removed. Councilmembers Robledo and Isenhart stated they needed more information Page 421 of 63 7

22 to make a decision. Council consensus was for staff to return with more information at the next Council meeting. The Tourist Accommodation Overlay on the Butte was discussed. It has some different environmental characteristics with steep slopes and ravines. There are 500 usable acres out of the 872 acres available. The clustering and density development standards proposed will come close to the amount of units the four property owners were planning for. The resort plan process will guide development to less sensitive areas. There was consensus to keep the T-A Overlay on the Chelan Butte. Discussion occurred again on the R-M to DMR areas of the downtown. Staff stated that the DMR zone has design standards to increase density and infill development with better neighborhood compatibility that the R-M zone does not. The Warehouse Industrial zone and Downtown Mixed Use zones limit rebuilding single family residences as they are non-permitted use. This has been revised to classify existing single family residence as a permitted use which allows property owners to rebuild their homes if a disaster happens. The Commercial Waterfront Zone where the three fingers are located is expanding on the south side of the highway to make the existing blue building businesses to become permitted uses instead of non-conforming. This zone is also being revised to match the Shoreline Master Program for mixed use developments. There is also a height reduction for buildings in the area from 35' to 25'. Public lands can be designated Public Lands and Facilities zoning district but not privately owned property. The PROS plan was used for Parks & Recreation section of the Capital Facilities Plan for consistency. Council concurred on the mandatory requirement to provide affordable housing if the development creates jobs and the need for worker housing. Staff will bring back a proposal at the next Council meeting. The Warehouse Industrial Zone will accommodate workforce housing. Council requested language if there are unfilled units the housing can only be utilized by other workers from the primary industry. The presentation and discussion will continue beginning with Small Town Chelan Heights on September 26th, None at this time. Page 522 of 63 7

23 10. INFORMATIONAL ITEMS These items are for informational purposes and are generally not discussed. A. Advanced Agenda 11. MAYOR AND COUNCIL COMMENTS A. Councilmember Allen Thanked staff for getting the Rotary Flag flying. Requested staff talk with Leo Miller about the recycling going to the County. Thanked Ms. Grueter for her work. B. Councilmember Dobbs The Port of Chelan County will be holding a public hearing regarding their Strategic Planning. Wenatchee received a grant to boost the beltway from Wenatchee to East Wenatchee. C. Councilmember Harper Passed. D. Councilmember Isenhart Judy Guy, Manson Chamber of Commerce, has found less expensive glass crushers. E. Councilmember Morehouse Chelan PUD and the Department of Ecology are issuing their Watershed report. They are getting close to doing water permits. Lake Chelan Research Institute has raised $90,000 in funds and $134,000 for in-kind contributions. F. Councilmember Robledo Thanked Ms. Grueter, Mr. Gildroy, and staff for their hard work on the Comprehensive Plan Update. 12. CITY ADMINISTRATOR/DIRECTOR'S REPORTS A. City Administrator Jackson Asked Council if they wanted staff to bring forward a proposed contract for legislative services and project development with Gordon Thomas Honeywell. Councilmember Morehouse requested more discussion. Council consensus was for staff to return with a contract. The Airport Master Plan kickoff conference call was today with JUB. The Councilmember selected for the Technical Advisory Committee is Councilmember Dobbs. 13. RECESS - AIRPORT BOARD MEETING A. The City Council meeting was recessed at 9:00 p.m. to allow City Council to participate in the Airport Board meeting. The City Council meeting was reconvened at 9:01 p.m. Page 623 of 63 7

24 14. EXECUTIVE SESSION A. None. 15. ADJOURNMENT The meeting was adjourned at 9:01 p.m. DATE APPROVED BY COUNCIL: Peri Gallucci City Clerk Michael Cooney Mayor Page 724 of 63 7

25 AB CITY OF CHELAN CITY COUNCIL 26 Sep 2017 Subject/Title: Department: Staff Contact: Reviewed By: Gordon Thomas Honeywell Governmental Affairs 2017 & 2018 Agreements Admin Mike Jackson City Attorney GOVERNING LEGISLATION RCW 35A Rights, powers, and privileges. Each city governed under this optional municipal code and, by and through its legislative body, such municipality may contract and be contracted with. PREVIOUS COUNCIL ACTION TAKEN A Council committee met with Briahna Murray of Gordon Thomas Honeywell Governmental Affairs over the summer. Additionally, Gordon Thomas Honeywell Governmental Affairs presented to Council at the September 5, 2017 City Council Workshop. OVERVIEW The attached agreements provide for Legislative Services and Project Development Services by Gordon Thomas Honeywell Governmental Affairs. All services are outlined in Attachment A of each agreement. FINANCIAL IMPLICATIONS Legislative Services - $6, Legislative Services - $36,000 including Expenses Project Development Services - $14,000 plus $2,000 for Expenses Page 25 of 63

26 ATTACHMENTS Legislative Services Agreement Legislative Services Agreement Project Development Services SUGGESTED MOTION Suggested Motion: I move to authorize the Mayor to finalize and execute the agreements with Gordon Thomas Honeywell Governmental Affairs. Page 26 of 63

27 CITY OF CHELAN CONSULTING AGREEMENT This Agreement is entered into by and between City of Chelan, a municipal corporation, and Gordon Thomas Honeywell Governmental Affairs (hereinafter referred to as Consultant ), a Limited Liability Corporation licensed to do business in Washington as a governmental affairs firm, for the services described herein upon the following terms and conditions: A. Scope of Work. Consultant will advise and assist the City of Chelan in accordance with Consultant s Scope of Work, described in Attachment A hereto and incorporated herein, and Consultant will do and produce such other things as are set forth in the Scope of Work (the Services ). Consultant s Services will be in compliance with applicable laws, regulations, rules, orders, licenses and permits, now or hereinafter in effect, and Consultant shall furnish such documents as may be required to effect or evidence such compliance. B. Compensation; Expenses. City of Chelan will pay Consultant for satisfactorily rendered Services in accordance with the specific terms set forth in Attachment A. C. Invoices; Payment. Consultant will furnish City of Chelan invoices at regular intervals, as set forth in Attachment A. D. Term. Consultant shall promptly begin the Services hereunder on the date set forth in Attachment A and shall terminate same on the date set forth in Attachment A, unless earlier terminated by mutual agreement. City of Chelan or Consultant may terminate consultant services for convenience at any time prior to the termination date set forth in Attachment A, provided that either party provides 30-days notice. E. Ownership of Work Product. The product of all work performed under this agreement, including reports, and other related materials shall be the property of City of Chelan or its nominees, and City of Chelan or its nominees shall have the sole right to use, sell, license, publish or otherwise disseminate or transfer rights in such work product. G. Independent Contractor. Consultant is an independent contractor and nothing contained herein shall be deemed to make Consultant an employee of City of Chelan, or to empower consultant to bind or obligate City of Chelan in any way. Consultant is solely responsible for paying all of Consultant s own tax obligations, as well as those due for any employee/subcontractor permitted to work for Consultant hereunder. H. Release of Claims; Indemnity. The Contractor will defend, indemnify and hold the City, its officers, officials, employees, contractors and volunteers harmless from all claims, injuries, damages, losses or suits, including attorney fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performing the Services, except for injuries and damages caused by the sole negligence of the City. For purposes of this indemnification and hold harmless agreement, the Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. The parties expressly agree that this waiver of workers' compensation immunity has been negotiated. Page 27 of 63

28 I. Insurance. The Contractor will procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Contractor s performance of the Services. 1. Minimum Scope of Insurance. The insurance includes: a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles, with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. b. Commercial General Liability insurance covering liability arising from premises, operations, independent contractors and personal injury and advertising injury, with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The City of Chelan shall be named as an insured under the Contractor s Commercial General Liability insurance policy with respect to the work performed for the City of Chelan. c. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 2. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: a. The Contractor s insurance coverage shall be the primary insurance with respect to the City of Chelan. Any insurance, self-insurance, or insurance pool coverage maintained by the City of Chelan shall be excess of the Contractor s insurance and shall not contribute with it. b. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City. 3. Acceptability of Insurers. Insurance will be with insurers having a current A.M. Best rating of not less than A:VII. 4. Verification of Coverage. The Contractor will provide the City of Chelan with original certificates and a copy of the amendatory endorsements including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the Services. I. Assignment. Consultant s rights and obligations hereunder shall not be assigned or transferred without City of Chelan s prior written consent; subject thereto, this Agreement shall be binding upon and inure to the benefit of the parties heirs, and successors Legislative Services Agreement Page 2 Page 28 of 63

29 J. Governing Law; Severability. This Agreement shall be governed by the laws of the State of Washington, U.S.A. (excluding conflict of laws provisions). If any term or provision of this Agreement is determined to be legally invalid or unenforceable by a court with lawful jurisdiction (excluding arbitrators), such term or provision shall not affect the validity or enforceability of any remaining terms or provisions of this Agreement, and the court shall, so far as possible, construe the invalid portion to implement the original intent thereof. K. Arbitration. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve the dispute. In the event such dispute cannot be resolved by agreement of the parties, such dispute shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR); venue shall be placed in City of Chelan, Washington, the laws of the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs. L. Miscellaneous. 1. Entire Agreement. This Agreement constitutes the sole agreement of the Parties with respect to the Services. It supersedes any prior written or oral agreements or communications between the Parties and may not be modified except in a writing signed by the Parties. 2. Waiver. If either party fails to require the other to perform any term of this Agreement, that failure does not prevent the party from later enforcing that term. If either party waives the other s breach of a term, that waiver is not treated as waiving a later breach of the term. 3. Binding Effect. This Agreement binds and inures to the benefit of the parties, and their respective heirs, personal representatives, successors and assigns. 4. Notices. All notices and other communications required or permitted under this Agreement must be in writing and must be sent to the party at that party s address set forth below or at whatever other address the party specifies in writing. 5. Severability. If any part of this Agreement is for any reason held to be invalid or unenforceable, the rest of it remains fully enforceable. 6. Including. Unless the context requires otherwise, the term including means including but not limited to. 7. Headings. Headings are for convenience and do not affect the interpretation of this Agreement. 8. Governing Law. Washington law applies to the Agreement without regard for any choice-of-law rules that might direct the application of the laws of any other jurisdiction. 9. Execution by Counterpart. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall constitute an original, but all of which constitute one the same instrument. An electronic copy or facsimile transmission of a signed copy of this Agreement shall be deemed an original and has the same valid and binding effect Legislative Services Agreement Page 3 Page 29 of 63

30 Consultant: Gordon Thomas Honeywell Governmental Affairs City of Chelan: Briahna Murray, Vice- President Date: Date: PO Box 1677 Tacoma, WA PO Box East Johnson Chelan, Washington Legislative Services Agreement Page 4 Page 30 of 63

31 ATTACHMENT A TO CITY OF CHELAN CONSULTING AGREEMENT A. Scope of Work: Gordon Thomas Honeywell Governmental Affairs takes great pride in making our clients issues our issues. However, we also recognize that different size organizations will have varying budgets and needs. Our goal is to arrive at a scope of work and price that is fair and best meets the needs of our clients. Based on our previous conversations with the City of Chelan, Consultant proposes the following scope of work: Lobby the legislature, Governor s office, and state agencies to advance Chelan s 2018 legislative agenda, including 1-2 funding requests. Provide the City of Chelan with a daily presence in Olympia. Monitor legislation that would impact the City of Chelan and alert the city of relevant legislation. Sign the city in expressing positions, and testify on behalf of the city as directed by city staff. Meet frequently with the city s legislative delegation, key committee chairs, and other influential legislators to advance the city s priorities, including funding requests. Meet with legislators frequently during the legislative session to implement the identified legislative strategy. Engage the Mayor and city staff in calls/visits to Olympia if/when necessary. Provide the City with periodic legislative reports. Assist the city in developing a biennial legislative strategy, and preparing for the 2019 legislative session. Consultant shall register as the City s lobbyist with the Public Disclosure Commission. B. Compensation/Expenses: City of Chelan shall pay Consultant a monthly fee of $3,000 for the services listed above including, communication and travel expenses. A total of $36,000 as contracted. C. Invoices/Payments: (a) Consultant shall furnish City of Chelan with invoices for services performed on a monthly basis, and (b) City of Chelan shall pay each of Consultant s invoices within thirty (30) days after County s receipt and verification of invoices. C. Term of Agreement: Consultant s services shall commence on January 1, 2018 and shall terminate on December 31, Legislative Services Agreement Page 5 Page 31 of 63

32 CITY OF CHELAN PROJECT DEVELOPMENT SERVICES AGREEMENT This Agreement is entered into by and between City of Chelan, a municipal corporation, and Gordon Thomas Honeywell Governmental Affairs (hereinafter referred to as Consultant ), a Limited Liability Corporation licensed to do business in Washington as a governmental affairs firm, for the services described herein upon the following terms and conditions: A. Scope of Work. Consultant will advise and assist the City of Chelan in accordance with Consultant s Scope of Work, described in Attachment A hereto and incorporated herein, and Consultant will do and produce such other things as are set forth in the Scope of Work (the Services ). Consultant s Services will be in compliance with applicable laws, regulations, rules, orders, licenses and permits, now or hereinafter in effect, and Consultant shall furnish such documents as may be required to effect or evidence such compliance. B. Compensation; Expenses. City of Chelan will pay Consultant for satisfactorily rendered Services in accordance with the specific terms set forth in Attachment A. C. Invoices; Payment. Consultant will furnish City of Chelan invoices at regular intervals, as set forth in Attachment A. D. Term. Consultant shall promptly begin the Services hereunder on the date set forth in Attachment A and shall terminate same on the date set forth in Attachment A, unless earlier terminated by mutual agreement. City of Chelan or Consultant may terminate consultant services for convenience at any time prior to the termination date set forth in Attachment A, provided that either party provides 30-days notice. E. Ownership of Work Product. The product of all work performed under this agreement, including reports, and other related materials shall be the property of City of Chelan or its nominees, and City of Chelan or its nominees shall have the sole right to use, sell, license, publish or otherwise disseminate or transfer rights in such work product. G. Independent Contractor. Consultant is an independent contractor and nothing contained herein shall be deemed to make Consultant an employee of City of Chelan, or to empower consultant to bind or obligate City of Chelan in any way. Consultant is solely responsible for paying all of Consultant s own tax obligations, as well as those due for any employee/subcontractor permitted to work for Consultant hereunder. H. Release of Claims; Indemnity. The Contractor will defend, indemnify and hold the City, its officers, officials, employees, contractors and volunteers harmless from all claims, injuries, damages, losses or suits, including attorney fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performing the Services, except for injuries and damages caused by the sole negligence of the City. For purposes of this indemnification and hold harmless agreement, the Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. The parties expressly agree that this waiver of workers' compensation immunity has been negotiated. Page 32 of 63

33 I. Insurance. The Contractor will procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Contractor s performance of the Services. 1. Minimum Scope of Insurance. The insurance includes: a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles, with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. b. Commercial General Liability insurance covering liability arising from premises, operations, independent contractors and personal injury and advertising injury, with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The City of Chelan shall be named as an insured under the Contractor s Commercial General Liability insurance policy with respect to the work performed for the City of Chelan. c. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 2. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: a. The Contractor s insurance coverage shall be the primary insurance with respect to the City of Chelan. Any insurance, self-insurance, or insurance pool coverage maintained by the City of Chelan shall be excess of the Contractor s insurance and shall not contribute with it. b. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City. 3. Acceptability of Insurers. Insurance will be with insurers having a current A.M. Best rating of not less than A:VII. 4. Verification of Coverage. The Contractor will provide the City of Chelan with original certificates and a copy of the amendatory endorsements including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the Services. I. Assignment. Consultant s rights and obligations hereunder shall not be assigned or transferred without City of Chelan s prior written consent; subject thereto, this Agreement shall be binding upon and inure to the benefit of the parties heirs, and successors Project Development Services Agreement Page 2 Page 33 of 63

34 J. Governing Law; Severability. This Agreement shall be governed by the laws of the State of Washington, U.S.A. (excluding conflict of laws provisions). If any term or provision of this Agreement is determined to be legally invalid or unenforceable by a court with lawful jurisdiction (excluding arbitrators), such term or provision shall not affect the validity or enforceability of any remaining terms or provisions of this Agreement, and the court shall, so far as possible, construe the invalid portion to implement the original intent thereof. K. Arbitration. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve the dispute. In the event such dispute cannot be resolved by agreement of the parties, such dispute shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR); venue shall be placed in City of Chelan, Washington, the laws of the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs. L. Miscellaneous. 1. Entire Agreement. This Agreement constitutes the sole agreement of the Parties with respect to the Services. It supersedes any prior written or oral agreements or communications between the Parties and may not be modified except in a writing signed by the Parties. 2. Waiver. If either party fails to require the other to perform any term of this Agreement, that failure does not prevent the party from later enforcing that term. If either party waives the other s breach of a term, that waiver is not treated as waiving a later breach of the term. 3. Binding Effect. This Agreement binds and inures to the benefit of the parties, and their respective heirs, personal representatives, successors and assigns. 4. Notices. All notices and other communications required or permitted under this Agreement must be in writing and must be sent to the party at that party s address set forth below or at whatever other address the party specifies in writing. 5. Severability. If any part of this Agreement is for any reason held to be invalid or unenforceable, the rest of it remains fully enforceable. 6. Including. Unless the context requires otherwise, the term including means including but not limited to. 7. Headings. Headings are for convenience and do not affect the interpretation of this Agreement. 8. Governing Law. Washington law applies to the Agreement without regard for any choice-of-law rules that might direct the application of the laws of any other jurisdiction. 9. Execution by Counterpart. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall constitute an original, but all of which constitute one the same instrument. An electronic copy or facsimile transmission of a signed copy of this Agreement shall be deemed an original and has the same valid and binding effect Project Development Services Agreement Page 3 Page 34 of 63

35 Consultant: Gordon Thomas Honeywell Governmental Affairs City of Chelan: Briahna Murray, Vice- President Date: Date: PO Box 1677 Tacoma, WA PO Box East Johnson Chelan, Washington Project Development Services Agreement Page 4 Page 35 of 63

36 ATTACHMENT A TO CITY OF CHELAN PROJECT DEVELOPMENT SERVICES AGREEMENT A. Scope of Work: Consultant shall provide City of Chelan with the following project development services: GTH-GA will undertake high-level research of potential external funding sources for a list of up to 30 projects selected by the City. The work product will be a spreadsheet that lists state, federal or private funding programs for which the City s targeted projects appear to be eligible, their administering agencies, contacts, and application processes and timeframes. Based upon the initial high-level research completed above, GTH-GA will undertake a deeper review of program criteria and likelihood of funding success for up to 6 projects identified by the City. GTH-GA will recommend which funding sources to pursue and establish a strategy for securing the desired funding, including tasks, timelines, and responsible parties. GTH-GA will provide either grant review or grant writing services to assist the City in pursuing and securing grants for up to 3 projects. B. Compensation/Expenses: City of Chelan shall pay Consultant a total fee not to exceed $14,000 for the services listed above. Consultant shall only bill City of Chelan expenses, such as travel and communication costs. The expenses shall not exceed $2,000 for the term of the contract. C. Invoices/Payments: (a) Consultant shall furnish City of Chelan with invoices for services performed on a monthly basis $2,000 and (b) City of Chelan shall pay each of Consultant s invoices within thirty (30) days after City s receipt and verification of invoices. D. Term of Agreement: Consultant s services shall commence on January 1, 2018 and shall terminate on July 31, Project Development Services Agreement Page 5 Page 36 of 63

37 CITY OF CHELAN CONSULTING AGREEMENT This Agreement is entered into by and between City of Chelan, a municipal corporation, and Gordon Thomas Honeywell Governmental Affairs (hereinafter referred to as Consultant ), a Limited Liability Corporation licensed to do business in Washington as a governmental affairs firm, for the services described herein upon the following terms and conditions: A. Scope of Work. Consultant will advise and assist the City of Chelan in accordance with Consultant s Scope of Work, described in Attachment A hereto and incorporated herein, and Consultant will do and produce such other things as are set forth in the Scope of Work (the Services ). Consultant s Services will be in compliance with applicable laws, regulations, rules, orders, licenses and permits, now or hereinafter in effect, and Consultant shall furnish such documents as may be required to effect or evidence such compliance. B. Compensation; Expenses. City of Chelan will pay Consultant for satisfactorily rendered Services in accordance with the specific terms set forth in Attachment A. C. Invoices; Payment. Consultant will furnish City of Chelan invoices at regular intervals, as set forth in Attachment A. D. Term. Consultant shall promptly begin the Services hereunder on the date set forth in Attachment A and shall terminate same on the date set forth in Attachment A, unless earlier terminated by mutual agreement. City of Chelan or Consultant may terminate consultant services for convenience at any time prior to the termination date set forth in Attachment A, provided that either party provides 30-days notice. E. Ownership of Work Product. The product of all work performed under this agreement, including reports, and other related materials shall be the property of City of Chelan or its nominees, and City of Chelan or its nominees shall have the sole right to use, sell, license, publish or otherwise disseminate or transfer rights in such work product. G. Independent Contractor. Consultant is an independent contractor and nothing contained herein shall be deemed to make Consultant an employee of City of Chelan, or to empower consultant to bind or obligate City of Chelan in any way. Consultant is solely responsible for paying all of Consultant s own tax obligations, as well as those due for any employee/subcontractor permitted to work for Consultant hereunder. H. Release of Claims; Indemnity. The Contractor will defend, indemnify and hold the City, its officers, officials, employees, contractors and volunteers harmless from all claims, injuries, damages, losses or suits, including attorney fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performing the Services, except for injuries and damages caused by the sole negligence of the City. For purposes of this indemnification and hold harmless agreement, the Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. The parties expressly agree that this waiver of workers' compensation immunity has been negotiated. Page 37 of 63

38 I. Insurance. The Contractor will procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Contractor s performance of the Services. 1. Minimum Scope of Insurance. The insurance includes: a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles, with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. b. Commercial General Liability insurance covering liability arising from premises, operations, independent contractors and personal injury and advertising injury, with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The City of Chelan shall be named as an insured under the Contractor s Commercial General Liability insurance policy with respect to the work performed for the City of Chelan. c. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 2. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: a. The Contractor s insurance coverage shall be the primary insurance with respect to the City of Chelan. Any insurance, self-insurance, or insurance pool coverage maintained by the City of Chelan shall be excess of the Contractor s insurance and shall not contribute with it. b. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City. 3. Acceptability of Insurers. Insurance will be with insurers having a current A.M. Best rating of not less than A:VII. 4. Verification of Coverage. The Contractor will provide the City of Chelan with original certificates and a copy of the amendatory endorsements including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the Services. I. Assignment. Consultant s rights and obligations hereunder shall not be assigned or transferred without City of Chelan s prior written consent; subject thereto, this Agreement shall be binding upon and inure to the benefit of the parties heirs, and successors Legislative Services Agreement Page 2 Page 38 of 63

39 J. Governing Law; Severability. This Agreement shall be governed by the laws of the State of Washington, U.S.A. (excluding conflict of laws provisions). If any term or provision of this Agreement is determined to be legally invalid or unenforceable by a court with lawful jurisdiction (excluding arbitrators), such term or provision shall not affect the validity or enforceability of any remaining terms or provisions of this Agreement, and the court shall, so far as possible, construe the invalid portion to implement the original intent thereof. K. Arbitration. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve the dispute. In the event such dispute cannot be resolved by agreement of the parties, such dispute shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR); venue shall be placed in City of Chelan, Washington, the laws of the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs. L. Miscellaneous. 1. Entire Agreement. This Agreement constitutes the sole agreement of the Parties with respect to the Services. It supersedes any prior written or oral agreements or communications between the Parties and may not be modified except in a writing signed by the Parties. 2. Waiver. If either party fails to require the other to perform any term of this Agreement, that failure does not prevent the party from later enforcing that term. If either party waives the other s breach of a term, that waiver is not treated as waiving a later breach of the term. 3. Binding Effect. This Agreement binds and inures to the benefit of the parties, and their respective heirs, personal representatives, successors and assigns. 4. Notices. All notices and other communications required or permitted under this Agreement must be in writing and must be sent to the party at that party s address set forth below or at whatever other address the party specifies in writing. 5. Severability. If any part of this Agreement is for any reason held to be invalid or unenforceable, the rest of it remains fully enforceable. 6. Including. Unless the context requires otherwise, the term including means including but not limited to. 7. Headings. Headings are for convenience and do not affect the interpretation of this Agreement. 8. Governing Law. Washington law applies to the Agreement without regard for any choice-of-law rules that might direct the application of the laws of any other jurisdiction. 9. Execution by Counterpart. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall constitute an original, but all of which constitute one the same instrument. An electronic copy or facsimile transmission of a signed copy of this Agreement shall be deemed an original and has the same valid and binding effect Legislative Services Agreement Page 3 Page 39 of 63

40 Consultant: Gordon Thomas Honeywell Governmental Affairs City of Chelan: Briahna Murray, Vice- President Date: Date: PO Box 1677 Tacoma, WA PO Box East Johnson Chelan, Washington Legislative Services Agreement Page 4 Page 40 of 63

41 ATTACHMENT A TO CITY OF CHELAN CONSULTING AGREEMENT A. Scope of Work: Gordon Thomas Honeywell Governmental Affairs takes great pride in making our clients issues our issues. However, we also recognize that different size organizations will have varying budgets and needs. Our goal is to arrive at a scope of work and price that is fair and best meets the needs of our clients. Based on our previous conversations with the City of Chelan, the Consultant proposes the following scope of work: Assist the City in developing a 2018 legislative agenda, including identifying 1-2 funding requests. Arrange for pre-session meetings with the city s local legislators. Work with the Governor s Office and state agencies to bolster the relationship between the City and the Governor s Office, specifically on advancing funding requests. Submit a funding request for inclusion in the Governor s proposed 2018 Supplemental Budgets, including completing any associated funding request forms or request letters. Develop legislative materials and complete the legislative project funding request forms for the funding requests in anticipation of the 2018 legislative agenda. Participate in legislative committee days (House and Senate meet prior to session to discuss issues for the upcoming legislative session). Provide the City with periodic legislative reports. Consultant shall register as the City s lobbyist with the Public Disclosure Commission. B. Compensation/Expenses: City of Chelan shall pay Consultant a monthly fee of $3,000 for the services listed above including communication and travel expenses. A total of $6,000 as contracted. C. Invoices/Payments: (a) Consultant shall furnish City of Chelan with invoices for services performed on a monthly basis, and (b) City of Chelan shall pay each of Consultant s invoices within thirty (30) days after County s receipt and verification of invoices. C. Term of Agreement: Consultant s services shall commence on November 1, 2017 and shall terminate on December 31, Legislative Services Agreement Page 5 Page 41 of 63

42 AB G CITY OF CHELAN CITY COUNCIL 26 Sep 2017 Subject/Title: Department: Staff Contact: Reviewed By: Comprehensive Plan Update Deliberations Continued Planning Craig Gildroy City Administrator GOVERNING LEGISLATION The comprehensive plan of a city that is required to plan under RCW 36.70A.040 shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future land use map. A comprehensive plan shall be adopted and amended with public participation as provided in RCW 36.70A.140. PREVIOUS COUNCIL ACTION TAKEN No action has been taken at this time. Council was presented with the Vision Workshop and Survey Summary at the January 10, 2017 Council meeting and a Joint Workshop was held with Planning Commission on May 9, Council was also updated on the process at the February 7, March 7, and June 6, 2017 Council workshops. Planning Commission made their Comprehensive Plan Update Recommendation to City Council at the August 8, 2017 City, a public hearing was held on August 22, 2017, and Council began deliberations on September 12, OVERVIEW City Council will continue their deliberations on the 2017 Comprehensive Plan Update Package. Staff will present on Small Town Chelan provisions including building heights, Wildland Urban Interface code, grading & dust control, Interim Water and Sewer, and the Capital Facilities Plan. There are a number of housekeeping items and specific Councilmember requests for Page 42 of 63

43 Council consideration. Staff will finalize the Comprehensive Plan amendment package and a motion consideration for Council s October 10th, 2017 meeting. FINANCIAL IMPLICATIONS None. ATTACHMENTS 1. Housing Handout 2. RTC and Housekeeping 3. Chelan Future Land Use Map Revisions 4. T-A Clarification 5. Record List SUGGESTED MOTION Suggested Motion: None at this time. Page 43 of 63

44 DRAFT September 21, 2017 Housing Affordability Potential Responses to Comments and Adjustments to Housing Policies & Codes Draft September 21, 2017 At the August 2017 City Council public hearing, a commenter requested the City require affordable workforce housing with new development. A code requirement would take more research and effort than can be accomplished at this stage of the Comprehensive Plan & Municipal Code Update. City staff anticipates developing a proposed code in However, recognizing the importance of this topic, we have developed a proposed policy that could be added into the Land Use or Housing Element. It would give the City authority to require a housing mitigation plan. The City may condition commercial or industrial developments that significantly increase the demand for housing by future employees to provide a housing mitigation plan. The housing mitigation plan should document the relationship of added employees and the demand for housing, the method by which the housing would be provided (onsite and/or offsite), the number and type of dwellings proposed, the unit value or rent illustrating employees would pay no more than 30% of their income on the future workforce units, proposed deed restrictions to ensure the units will remain available as affordable employee housing units over a long-term period, and fee calculations for in-lieu fees if offsite employee housing is proposed. The City may use State Environmental Policy Act laws and rules and its land use authority to determine whether the increased demand is significant and warrants mitigation or conditions of approval. The W-I zone amendments would permit accessory workforce housing. There were questions about whether the accessory housing could be open to workers from other businesses not affiliated with the primary industrial use. One option would be to indicate that the housing could be offered to employees of offsite businesses unaffiliated with the primary use if there were a conditional use permit and that no more than 50% of the units would be available to offsite unaffiliated workers. Another option is to retain the language as proposed by the Planning Commission to ensure the units are associated with the primary industrial use, given a potential concern that opening these units to other renters would compete with other rental property in the City and change the nature of the W-I zone making it more likely to convert to residential uses Dimensional standards. D. Standards for accessory workforce housing: 1. Maximum gross density: 8.7 du/acre; and 2. Development Area. Minimum development area shall be at least 10,000 square feet. 3. Development Standards. Building height, coverage, setbacks shall be consistent with R-M zone at CMC Rents. Rents charged for any on-site residential unit produced to house temporary or permanent workers may not exceed 30% of the employee s gross wages; 5. Maintenance. All employee units shall be regularly maintained, and kept in a safe, sanitary, livable, and rentable condition. 1 Page 44 of 63

45 6. Minimum Size. No employee-housing unit shall be less than 300 square feet. 7. The housing shall accommodate employees of the primary industrial use, whether those employees work onsite or offsite. 8. Deed Restrictions. All employee-housing units shall be subject to minimum 50-year deed restrictions to ensure long-term use and affordability to employees. All deed restrictions are subject to review and approval by the Administrator and City Attorney and shall be recorded with the Chelan County Auditor. Such deed restriction shall be recorded prior to issuance of a certificate of occupancy for the subject property. Prior to the end of the 50-year deed restriction period, the City may approve a removal of the deed restriction provided there is a payment in lieu of continuing affordability. Minor edits are proposed to the Live-Work Overlay to reference R-M standards for height and setbacks like the accessory workforce housing see underlined text: Dimensional standards. E. Standards for live/work: 3. Development Area and Standards. a. Minimum development area shall be at least 10,000 square feet. Density shall not exceed 8.7 units per gross acre. b. Work-Live and Residential Only Development: Building height, coverage, setbacks shall be consistent with R-M zone at CMC DRAFT September 21, 2017 City of Chelan Comprehensive Plan & Municipal Code Update 2 Page 45 of 63

46 DRAFT September 20, 2017 Revisions in Response to Comments and Housekeeping Changes City of Chelan Comprehensive Plan & Municipal Code Update Draft September 21, 2017 This document provides a summary list of potential changes to the Comprehensive Plan & Municipal Code Update. A subsection identifies Council-proposed comments on plan or code text. Map changes are still under discussion. This document also responds to public comments received during the City Council s public hearing and comment process or are housekeeping changes meant to correct errors or improve clarity. It may be updated in response to City Council direction at subsequent deliberation sessions and based on staffsuggested corrections. City Councilmember Suggestions Councilmember Isenhart, 9/18/17 to Craig Gildroy: I propose a reduction from 30% grade to 20% grade allowable for construction on the hillsides facing Lake Chelan. The foothills around Boise are limited to the 20% grade, it has helped keep construction clustered and open space in its natural condition as the city grows. Here in Chelan, we are seeing the degradation of the land and natural contours resulting from the 30% grade currently allowed. This will go on indefinitely, unless we limit where and how much grading is allowed. The rockslides on the South Shore portend what will be happening with more extreme weather more often to access roads and scraped hillsides all around us, if steep slope construction continues. The developers sell and move on, while the city is left with cleanup and ugly. Staff Response: The City Council could consider a potential change to the proposed Hillside Development and Design Standards in CMC Currently these are proposed to apply to lands with 30%+ slopes. The threshold for application could change to 20%. Councilmember Dobbs, 9/20/17 to Craig Gildroy: COMP PLAN VISION STATEMENT CHANGE: COMP PLAN VISION 2037: (Original): The City of Chelan aims to conserve the qualities that make Chelan a great place while embracing sensible growth and change In order to give strong recognition to our desire to protect Chelan s small town feel and realize how important it is to place value on those who call this place Home, I would request the WORDS a great place TO LIVE AND WORK while embracing.. be added to the Vision Statement. COMP PLAN VISION 2037: (Revised): The City of Chelan aims to conserve the qualities that make Chelan a great place to Live and Work, while embracing sensible growth and change 1 Page 46 of 63

47 Revisions in Response to Comments and Housekeeping Changes One of the Guiding principles from the Vision Statement 2037:.conserve the qualities that make Chelan a great place to live and work... should be the Primary measuring stick used in every Comp Plan Update decision. Will this change make Chelan a better place to Live and Work? Decisions that can t answer this question affirmatively need to be examined very closely. Beyond just the Vision Statement, how can we integrate this Live and Work focus into the Comp Plan? The Council can consider the proposed change offered by Councilmember Dobbs to the Vision Statement. Note that the plan addresses both residential and employment needs and opportunities in the Housing Element and Economic Development Element. Other Responses to Comments or Housekeeping Changes COMPREHENSIVE PLAN Land Use Element: Clean up Tourist-Accommodation Overlay description to remove a reference to heights per the Planning Commission recommendation. This was an oversight when creating the Planning Commission Recommended Plan. Page 2-38, second paragraph of overlay: Clusters would occur primarily on slopes less than 30 percent. Lowrise clusters would generally have up to two-story buildings, and midrise clusters would have up to three-story buildings. Land Use or Housing Elements: Add a policy on workforce housing mitigation plans to either the Land Use or Housing Elements. (See Housing Handout.) Land Use Element / Appendix: There is land capacity information in the proposed July 2017 Land Use Element and the March 2017 Existing Conditions and Trends Report. To support Council deliberations a September 12, 2017 consolidated handout was prepared regarding land capacity. This handout could become an appendix to the Comprehensive Plan. The Proposed Future Land Use Plan and Zoning Map may change, and thus some of the capacity information may be updated prior to City Council action on the Comprehensive Plan. Transportation Element: The Washington State Department of Transportation wished to see the analysis of land use effects on State Routes. It is included in the March 2017 Existing Conditions and Trends Report. It can be made into an appendix of the Comprehensive Plan. Reconcile proposed projects and costs with the City s recently adopted Transportation Improvement Program. Include updated costs for the one-way and bridge restoration. Global Housekeeping Changes: Remove information comparing the current Comprehensive Plan to the proposed 2017 Comprehensive Plan (e.g. land use acres, land capacity, other) Remove draft, update title, headers, and footers Remove gray shaded parenthetical text that orient the reader to new or amended text DRAFT September 21, 2017 City of Chelan Comprehensive Plan & Municipal Code Update 2 Page 47 of 63

48 Revisions in Response to Comments and Housekeeping Changes Update maps to exclude lands that would no longer be in the UGA pending Council direction. CAPITAL FACILITY PLAN Clarify information on 2016 fund balances and historic funds transfers. Reconcile transportation costs with recently adopted transportation improvement program. Update park inventory acres for Columbia Park. Add placeholder cost for New Gravel Beach for Non-Motorized Watercraft East of Boat Ramp ($50,000). Indicate that future park acquisition opportunities that become available are encouraged to be fully vetted by the City and community. On the table of future acquisitions from the PROS Plan, indicate location (City, UGA, beyond planning area). Reference that Chelan treats Manson wastewater. Indicate that Manson provides irrigation water but not domestic water in the Chelan planning area. Remove or relocate water inventory tables that were inadvertently included under the sewer heading. (Exhibits 3-15 to 3-18.) Describe information for Lift Station 2. Describe that some sanitation funds go to equipment replacement. List City-owned parking lots in general municipal inventory. Address general municipal improvements. These include: Wayfinding $30,000; City Hall Facilities Growth Study $75,000; Document Server $75,000 Where 2016 projects are listed and completed, note that status or remove them. Global Housekeeping Changes: Update title, header, footer, parenthetical text, and map updates as noted for Comprehensive Plan. MUNICIPAL CODE Zoning Code Add agri-tourism uses to T-A Overlay the Overlay allows accommodations, commercial uses, and promotes agriculture in open space areas, and thus essentially allows the ingredients of agri-tourism. Clarify that W-I accessory workforce housing can have other employees of businesses up to 50%. Clarify that W-I live-work residential units should follow R-M development standards for height. Clarify that interim water/sewer standards should be included in Title 17 and cross referenced from Title 25 DRAFT September 21, 2017 City of Chelan Comprehensive Plan & Municipal Code Update 3 Page 48 of 63

49 Revisions in Response to Comments and Housekeeping Changes WUI Code Integrate the State Building Code Changes in WAC 51-54A-8200 Appendix N. These were adopted by the state in late May after the code was developed for the May 2017 Planning Commission hearing. SUPPORTING DOCUMENTATION After City Council direction on the draft plan and code, staff intends to prepare a SEPA Addendum illustrating that the final plan and code is in the range of what was evaluated in terms of environmental impacts. DRAFT September 21, 2017 City of Chelan Comprehensive Plan & Municipal Code Update 4 Page 49 of 63

50 R-L to R-L to R-L to R-L to R-L to R-L to R-L to R-L to R-L to R-L to R-L to R-L to R-L to V U 150 R -L t o T-A R-L to T-A R-L to T-A R-L to T-A R-L to T-A R-L to T-A R-L to T-A R-L to T-A R-L to T-A R-L to T-A R-L to T-A R-L to T-A 50 Lake Chelan Airport R-L to R-L to R-L to R-L to R-L to R-L to 51 V U 3 R-L to SUD R-L to SUD 150 R-L to T-A R-L to T-A City Golf Course R-L to T-A W-I to W-I to W-I to W-I to Downtown R-L to R-M R-L to T-A W-I to W-I to R-M to DMR R -L to T-A R -L to T-A R -L to T-A R -M to T-A R-M to DMR R-M to DMR R-M to DMR R-M to DMR R-M to DMR R-M to DMR R-M to DMR R-M to DMR R-M to DMR DSF to DMR R-M to DMR Lakeshore RV Park U V W-I to W-I to W-I to W-I to R-M W-I to R-M W-I to R-M W-I to W-I to W-I to R-M W-I to W-I to R-M to DMR 971 Lakeside Park V U R-M to DMR R-M to DMR W-I to R-M R-M to DMR W-I to R-M Don Morse Park 97A C -W t o T-A R-M to DMR T-A to C -W 33 R-L to R-L to R-M R-L to R-M R-L to R-M R-L to R-M T-A t o R-L to T-A t o R e m o v e d T-A t o R em ov ed T-A t o R-L to T-A t o R em ov ed R-L to R-L to T-A t o T- A t o T-A t o R e moved T-A t o T-A t o T-A t o T-A t o T-A t o T-A t o T-A t o R e moved T-A t o T-A t o T A t o T-A t o W-I to R-L to R-M R-M to DMR R-M to DMR R-L to R-M R-M to DMR R-L to C-HS R-M to DMR R-L to R-M R-L to R-M 15 Non-UGA to SUD W-I to R-M R-M to DMR Ball Fields 49 R-M to DMR R-M to DMR R-M to DMR R-M to DMR R-M to DMRR-M to DMR R-M to DMR R-M to DMR R-M to DMR R-M to DMR R-M to DMR R-M to DMRR-M to DMR R-M to DMR R-M to DMR R-M to DMR R-M to DMR R-M to DMR W-I to W-I to W-I to W-I to 97 U V W-I to 150 U V T-A t o T-A t o Administrative Features County Boundaries Urban Growth Area Boundary Future Land Use Apple Blossom Center Airport (A) The Lookout Highway Service Commercial (C-HS) Live-Work Overlay City Boundaries n Chelan County Roads T-A Cluster Overlay Downtown Mixed Use (DMU) Multi-Family Residential (R-M) Downtown Single Family (DSF) Special Use District (SUD) Downton Public (DP) Tourist Accommodation (T-A) Public Lands and Facilities (PLF) Tourist Mixed Use (TMU) Single Family Residential (R-L) Warehouse and Industrial (W-I) Planning Commission Recommendations July 2017 Ri ver State Routes Waterfront Commercial (C-W) Downtown Mixed Residential (DMR) mbia e C hel a Comprehensive Plan Overlay Colu Lak T-A t o Page 50 of 63 Long Park Douglas County Miles 1

51 DRAFT September 21, 2017 T-A Overlay Comparison Chart City of Chelan Comprehensive Plan & Municipal Code Update Draft September 21, 2017 This document provides a comparison of current and proposed plans and regulations regarding the Tourist-Accommodation (T-A) Overlay applied to the Chelan Butte. Second, the document provides clarifications to the growth capacity described in the T-A Zone Handout dated September 12, Last, it provides a parcel map, and maps with and without the ravine buffers and cluster illustration. Exhibit 1 summarizes and compares current and proposed policies and regulations in the T-A Overlay. Exhibit 1. Plan and Code Features that Apply to the Tourist Accommodations (T-A) Overlay FEATURE CURRENT PLAN/ REGULATIONS PROPOSED PLAN/ REGULATIONS JULY 2017 Comprehensive Plan Steep Slope Clearing Limits Ravine Regulations Slope-Density Diagram Hillside Development and Design Standards Land Uses Allowed Density and Other Standards The County approved adding the Butte to the Urban Growth Area in 1997 (Resolution ), and indicated the zoning should be limited to the nature of the development planned by Snowcreek. The City s Comprehensive Plan references the proposed Snowcreek planned development district (PDD) on 800 acres and sewer improvements for Daybreak, its successor proposed in The proposed PDD for Daybreak was for 814 dwellings clustered around a golf course. Clearing limits apply in erosion hazard areas at 30% slopes and greater. No more than 60% of the land characterized by slopes 30-40% may be disturbed. And, no more than 30% of land with slopes 40%+ can be disturbed. Ravines are defined and include valley and sidewalls. Setbacks are required from the top of ravines extending 25 feet. See Chelan Development Standards, CMC Requires larger lot size as slope increases. Limited. CMC says fill and grading shall be minimized. Minimized not defined. Hospitality, tourist accommodation, retail, and single family and attached housing. No density stated. Code allows 5,000 square foot lots. That equals 8.7 du/ac. The new T-A Overlay promotes clustering of development into areas with less slopes and away from ravines. The proposed Comprehensive Plan and regulations would allow a similar level of development as Daybreak and a path to added growth when public benefits are provided. Retained. Ravines are now mapped at a planning level (citywide). Critical area regulations are amended based on Best Available Science. Ravine channels include lands within 200 feet from centerline plus 50 feet from top of ravine; this setback can be reduced to 25 feet.. Hillside Development and Design Standards apply, along with the inclusion of gross density in Comprehensive Plan and Zoning Code. New Hillside Development and Design Standards address how to minimize grading and protect natural slopes. Same uses allowed. Resort Plan allows a request for more density with public benefits. Base density is 1 unit per 5 acres, gross, if not clustered. Clustered, gross density equals 1 unit per 1 acre. Density bonuses up to 1.5 du/ac permitted if providing recreation, trails, or affordable housing. Conditional Use Permit for Resort Plan allows request for du/ac. Ridgeline setbacks apply. 1 Page 51 of 63

52 FEATURE CURRENT PLAN/ REGULATIONS PROPOSED PLAN/ REGULATIONS JULY 2017 Potential Growth (rounded) Planning analysis shows a range of about 800 to 3,200 units are possible, depending on extent of steep slopes, effect of slope-density chart, and effect of clearing limits. Accommodations would be allowed without density limits. No removal of ravines is made except where overlapping erosion hazard areas (slopes 30%+). The lower range assumes moderate slope density and disturbance limits and the upper range assumes lesser slopes and that erosion hazard regulation disturbance limits do not limit units. Units may be spread across more of the site, closer to ravines, and there would be no setbacks from ridgelines. Gross density applies to the whole site including critical areas. Development placement must avoid critical areas and retain open space (can be used for recreation or agriculture). If no clustering is proposed, the result would be about 175 units. With clustering at du/ac there could be about 870 1,310 units. With a conditional use permit an applicant can request a Resort Plan to attain du/ac. If Resort Plan densities were approved, the range of units would be 3,490 7,580, but public benefits requirements would be extensive. Thus, the T-A Overlay allows a similar range of dwellings as possible today, but more sensitively designed. Accommodations are still allowed without density limits. Potential growth under current and proposed regulations is compared in the row above, and details of calculations provided in the T-A Zone Handout prepared September 12, The following table clarifies column headings indicating the proposed T-A Overlay applies gross densities. It also lists the factors that went into calculating dwellings under current regulations. Exhibit 2. Density Analysis: T-A Zone Property Owners Fifer Palisade Morris DWELLINGS PER CURRENT REGULATIONS: SLOPE DENSITY AND LOT SIZE Property Acres Dwellings Low Dwellings High No Cluster: 0.2 PROPOSED T-A OVERLAY: POTENTIAL DWELLINGS APPLYING GROSS DENSITIES TO PROPERTY ACRES (DU/AC) Cluster: 1.0 Cluster + Bonus: 1.25 Cluster + Bonus: 1.5 Resort Plan CUP: 4 Resort Plan CUP: 8.7 Property Owner Proposals unknown Golden Gate , , , , Ventures Total , , , , , General Notes: Recently submitted Holiday Hills subdivision is partly designated T-A and partly R-M, and includes some tourist accommodation lots but the majority are single family and townhouse residential lots. Source: BERK Consulting 2017 A map series is provided on the following pages showing: Vacant and Underutilized Land Slopes and Streams The T-A Overlay illustrating ravine buffers and slopes as well as conceptual cluster location DRAFT September 21, 2017 City of Chelan T-A Overlay Clarifications 2 Page 52 of 63

53 Exhibit 3. Vacant and Underutilized Land in Chelan Butte within T-A Overlay Exhibit 4. Slopes and Streams in Chelan Butte within T-A Overlay Boundary: 5% Slope Bands DRAFT September 21, 2017 City of Chelan T-A Overlay Clarifications 3 Page 53 of 63

54 Exhibit 5. Slopes and Streams in Chelan Butte within T-A Overlay Boundary: Slopes in 15% Bands Exhibit 6. T-A Cluster Overlay: Conceptual Cluster Locations in Relation to Slopes and Ravines with Buffers DRAFT September 21, 2017 City of Chelan T-A Overlay Clarifications 4 Page 54 of 63