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HomeMy WebLinkAbout021908CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF FEBRUARY 19, 2008 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the nineteenth day of February 2008 at 6:30 p.m. in the Port Townsend City Council Chambers of City Hall, Mayor Michelle Sandoval presiding. ROLL CALL Council members present at roll call were Brent Butler, David King, Laurie Medlicott, George Randels, Michelle Sandoval and Mark Welch. Catharine Robinson was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Senior Planner Judy Surber, Planner John McDonagh, and City Clerk Pam Kolacy. Mayor Sandoval recognized February as Black History Month. CHANGES TO THE AGENDA There were no changes to the agenda. PROCLAMATION Mayor Sandoval read a proclamation designating February 18-24, 2008, as National Patriotism Week. SPECIAL PRESENTATION Catharine McNabb presented a brief overview of the Sister City program. Other members of the Sister City group spoke and presented the City with gifts of textile art from Sister City Ichikawa, Japan. COMMENTS FROM THE PUBLIC (consent and non-agenda items) David McCulloch thanked Council and staff for all their efforts toward resolving issues with the State Ferry System. Joshua Bennun regarding Taylor Street trail, public right of way. City Council Business Meeting Page 1 February 19, 2008 Susan Langlois supported Mr. Bennun's concerns in general; called for protection of public sites. Andrew Reding regarding inconsistencies in code enforcement. David Chuljian regarding code enforcement. David Goldman supported Mr. Bennun's comments regarding Taylor Street trail. Mr, Watts noted that Public Works Director Ken Clow could not be present at the meeting but did provide information on the Taylor Street trail project. Mr. Clow does not believe there is any evidence that supports significant encroachment upon public property. Mr. Clow also asked the property owner if he has ever made a statement, as alleged, that he would block off the City half of the right of way and the owner responded that he had not. The trail has been re-aligned and the temporary trail removed and replanted, all with approval of the Non-Motorized Transportation Advisory Board. In regard to Dr. Chuljian's comment, Mr. Watts noted that he should contact DSD staff to review the regulations for street vacations in regard to his own property. CONSENT AGENDA Motion: Mr Welch moved for approval of the following items on the Consent Agenda, with one correction to the January 19, 2008 minutes (correct job title for Mr. Clow). Mr. Randels seconded. The motion carried unanimously, 6-0, by voice vote. Approval of Sills, Claims and Warrants: Vouchers 103939 through 104044 in the amounf of $204,216.90 Approval of Minutes: January 19, 2008 Retreat January 28, 2008 Workshop; January 28, 2008 Special Meeting; February 4, 2008 Business Meeting PUBLIC HEARING LUISE MULLER STREET VACATION LUP 07-123 Mayor Sandoval read the rules of procedure for public hearings. City Attorney John Watts administered an oath to those who wished to testify. No Council members stated they had financial or property interests in the outcome of the matter nor were there any disclosures made. No one in the audience objected to the participation of any Council member. Staff planner Jahn McDonagh reviewed the packet materials. Public comment: City Council Business Meeting Page 2 February 19, 2008 Steve Wilfong, applicant's representative, stated that Ms. Muller is prepared to meet the required conditions contained in the Findings and Conclusions. There was no other public comment. Council discussion included clarification that street and alley vacations are the same; that a plat alteration to bring into conformation with 25th to the east was not part of the vacation application; and a review of the standard appraisal requirements (appraisal is valid for six months, owners have three years to purchase land). Motion: Mr. Randels moved to approve the Findings of Fact and Conclusions regarding the Muller Street Vacation, dated February 79, 2008. Mr. Welch seconded. The motion carried unanimously, 6-0, by voice vote. ORDINANCE 2967 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING THE 2007 COMPREHENSIVE PLAN UPDATE CONSISTING OF CERTAIN AMENDMENTS TO THE NARRATIVE TEXT, TABLES, AND POLICIES CONTAINED IN THE PORT TOWNSEND COMPREHENSIVE PLAN (THE PLAN), ADOPTING FOUR SITE SPECIFIC AMENDMENTS TO THE OFFICIAL LAND USE MAP CONTAINED WITHIN THE PLAN; ADOPTING AMENDMENTS TO THE TEXT AND TABLES OF TITLE 17 ZONING OF THE PORT TOWNSEND MUNICIPAL CODE (PTMC), ADOPTING SPECIFIC AMENDMENTS TO THE OFFICIAL ZONING MAP ADOPTED PURSUANT TO SECTION 17.12.030 PTMC IN ORDER TO BE CONSISTENT WITH, AND IMPLEMENT THE LAND USE MAP CONTAINED WITHIN THE PLAN; DIRECTING THE PLANNING DEPARTMENT TO PREPARE REVISED COPIES OF THE LAND USE MAP & OFFICIAL ZONING MAP; DIRECTING THE CITY CLERK TO PREPARE REVISED COPIES OF THE PLAN AND TO CODIFY THE AMENDMENTS TO TITLE 17 ZONING PTMC AS SET FORTH IN THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE; ALL IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF CHAPTER 20.04 PTMC AND THE GROWTH MANAGEMENT ACT OF 1990, AS AMENDED (CHAPTER 36.70A RCW). Senior Planner Judy Surber reviewed the packet materials, noting that the Council approved first reading on February 4. She clarified that in regard to the minimum density requirements for the R-III zone, this was not in itself a solution to affordable housing, but was designated as one of 40 strategies in the Housing Action Plan, which would encourage affordable housing. She added this does not eliminate circumventing of the density requirement by checker boarding, but it does assure that the 37 acres of R-III zoning currently available would comply and the density requirement would apply to many of the platted lots as well. City Council Business Meeting Page 3 February 19, 2008 She noted that changes discussed at the last meeting have been incorporated and that there is one remaining typographical error: the footnote on page 9 should read "4,000" rather than "3,000" square feet. Public comment: The Council agreed to take comments from the public as noted on the agenda; however it was noted that the formal public hearing was closed at the last meeting and comments made tonight would not be part of the official public hearing record. Byron Root stated he would have liked to have known about the proposal earlier; he said his neighborhood will be making a sacrifice and would like something in return such as a requirement that some multi-family housing must be designated as affordable housing. He also stated he believes another amendment should be proposed to allow those who already have buildings in the zone to build additional buildings without meeting the density requirements. Eric Kuzma also supported the idea of amending the ordinances to first, require that a percentage of newly constructed homes remain affordable and second, grandfather those who have existing homes on R-III zoned property. Carol Bernthol spoke in support of the comments of the two previous speakers. Judith Rubin asked the Council to postpone the decision until after the March 6 Town Meeting. David Goldman spoke regarding C-II/MU zoning. In response to a question from Mr. King, Ms. Surber stated that the Housing Action Plan is a combination of strategies, none of which stands alone. She stated that inclusionary zoning has been discussed. The action before Council at this time seemed like the best beginning and easiest to adopt so that we can start chipping away at the affordable housing problem. Mr. Butler stated that he believes that once you upzone an area, you have lost the opportunity to require affordable housing. Ms. Sandoval stated she understands frustrations of property owners but reiterated that this action does implement the Comprehensive Plan. Mr. Randels stated that this proposed action will draw the line from allowing everyone to develop single family housing in the R-III zone and that action must be taken to head off the line that does exist. City Council Business Meeting Page 4 February 19, 2008 Mr. Randels asked Mr. Watts if Mr. Butler's interpretation of state law is correct; he noted he did not want to engage in an upzone which forecloses one of our options for incentivizing affordable housing. Mr. Watts stated he is generally familiar with the statute but reminded Council that this action is not an upzone. He offered to review the state code during a break. He added that the Council could not institute inclusionary zoning without more public process but he does not believe it would be precluded upon passage of the current ordinance. Mr. Welch noted that the implication that densities will be higher in R-III zones also reflects the direction in the Comprehensive Plan about how cities need to promote growth in a planned and orderly fashion. Ms. Sandoval expressed her hope that all land use actions would include a greater effort to notify all those landowners affected by changes. RECESS Mayor Sandoval declared a recess at 8:19 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:35 p.m. City Attorney Watts stated that he has reviewed the recent legislation and that if the Council goes forward tonight with adoption of minimum density requirements, the legislation would not preclude the City from adopting inclusionary zoning in the future. Motion: Mr. Welch moved for adoption of Ordinance 2967, including the staff edit to the footnote on page 9 (change "3, 000" to "4, 000" square feet). Mr. King seconded. Mr. Randels spoke in support, stating he understands there are flaws in the system, including the method of notice; he noted the process is dynamic and decisions are never absolutely final and he believes some suggestions have been made tonight that should be looked at but do not have to be done prior to the adoption of the ordinance. Mrs. Medlicott stated she supports the intent of the ordinance but is particularly concerned about the lack of notification to each property owner. Amendment: Mrs. Medlicott moved fo amend the motion by deleting Subsections 4.1 and 4,2 from the ordinance. There was no second. Vote: the motion carried, 5-1, by roll call vote, Medlicott opposed. City Council Business Meeting Page 5 February 19, 2005 Motion: Mr Randels moved to direct staff to place the `Howard Street Corridor rezone and overlay district application (LUP07-030)" on the City's Comprehensive Plan Docket for 2008. Mr. Welch seconded. After brief discussion, the motion carried unanimously, 6-0, by voice vote. Motion: Mr King moved to direct staff to place the "flip-flopping" of the R-lll and R-Il designations on the Nomura property on the City's Comprehensive Plan Docket for 2008. Mr Randels seconded. The motion carried unanimously, 6-0, by voice vote. Mr. Randels and Mr. Welch both expressed their hope that the applicant will come forward with a development proposal for the property in the near future. NEW BUSINESS Civil Engineer Mary Heather Ames introduced Preston Tyree, of the League of American Bicyclists. He reviewed the four primary components of a bicycle safety program: engineering (making roads safe for all kinds of traffic); encouragement (encouraging adults and children to ride bicycles); enforcement (citing cyclists who do not obey the law); and education. He reviewed some of the activities done in conjunction with the League over the last two days and praised city staff for their dedication and assistance. Motion: Mr Butler moved to adopt the Action Plan for Bicycle Friendly Communities presented in the packet materials. Mr Welch seconded. The motion carried unanimously, 6-0, by voice vote. Motion: Mr. Welch moved to direct staff to apply for the Bicycle Friendly Communities program in March. Mr. King seconded. The motion carried unanimously, 6-0, by voice vote. Public comment David McCulloch expressed thanks for the actions and for the Council's action in December to put aside funding to implement the bicycle and pedestrian safety grant program; he stated he looks forward to working with the School District to make it happen. Jane Whicher, on behalf of the Port Townsend Bicycle Association, thanked the Council for their actions and noted that the Association is eager to help with the application for the Bicycle Friendly Community Award. Owen Fairbank, member of the Non-Motorized Transportation Advisory Board, stated his appreciation for the City staff that has been so supportive of non- motorized transportation in Port Townsend. City Council Business Meeting Page 6 February ?g, 2008 Andrew Reding, also an NMTAB member, concurred with Mr. Fairbank, and suggested a "carless Sunday" program downtown. RESOLUTION OS-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, DECLARING PRINCETON SERVER GROUP THROUGH TELEVUE VIRTUAL TELEVISION NETWORK (TVTN) AS THE SOLE SUPPLIER OF A DIGITAL TAPELESS SERVER AND NETWORK PACKAGE FOR OPERATION OF THE PTTV STATION, AND AUTHORIZING THE CITY MANAGER TO PURCHASE THE PACKAGE City Attorney John Watts reviewed the packet material Mr. Randels noted that the contract provides for free maintenance for the "life of the contract" and asked how long that might be. Jonathan Stratman stated that the warranty exists as long as the studio is using the equipment. Karen Nelson spoke on behalf of PTTV. Motion: Mr. Randels moved for adoption of Resolution 08-009. Mr Welch seconded. The motion carried unanimously, 6-0, by voice vote. PTTV STATION MANAGER CONTRACT EXTENSION Motion: Mr Welch moved to authorize the City Manager to execute agreements for interim production services for station operations as recommended by the PEG Access Coordinating Committee. Mrs. Medlicott seconded. The motion carried unanimously, 6-0, by voice vote. ORDINANCE 2969 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATING TO LAND USE AND ZONING, ADOPTING IMMEDIATE EMERGENCY INTERIM REGULATIONS ON THE-ACCEPTANCE OF APPLICATIONS FOR DEMOLITION OR ALTERATION OF CERTAIN STRUCTURES EXCEPT AS ALLOWED BY THIS ORDINANCE, UNTIL THE CITY FINISHES THE PROCESS OF CODE REVIEW AND AMENDMENT RELATING TO DEMOLITION AND ALTERATION OF HISTORIC STRUCTURES; SUCH INTERIM REGULATIONS TO BE EFFECTIVE IMMEDIATELY, ESTABLISHING SIX MONTHS AS THE TENTATIVE EFFECTIVE PERIOD UNTIL THE COUNCIL PUBLIC HEARING ON THE CONTINUED MAINTENANCE OF THE INTERIM REGULATIONS, AND DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION OF INTERIM REGULATIONS City Council Business Meeting Page 7 February ? 9, 2008 ORDINANCE 2970 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATING TO LAND USE AND ZONING, ADOPTING AN IMMEDIATE EMERGENCY INTERIM REGULATION ON THE ACCEPTANCE OF APPLICATIONS FOR NEW DEVELOPMENT OR CERTAIN TYPES OF RE- DEVELOPMENT WITHIN THE CITY UNTIL THE CITY FINISHES THE PROCESS OF CODE REVIEW AND AMENDMENT RELATING TO BUILDING SIZE LIMITATIONS, SUCH INTERIM REGULATION TO BE EFFECTIVE IMMEDIATELY, DEFINING THE APPLICATIONS SUBJECT TO THE INTERIM REGULATION, PROVIDING FOR A PUBLIC HEARING ON THE INTERIM REGULATION, ESTABLISHING SIX MONTHS AS THE TENTATIVE EFFECTIVE PERIOD UNTIL THE COUNCIL PUBLIC HEARING ON THE CONTINUED MAINTENANCE OF THE INTERIM REGULATION, AND DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION OF AN INTERIM REGULATION ORDINANCE 2971 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATING TO LAND USE AND ZONING, ADOPTING AN IMMEDIATE EMERGENCY INTERIM REGULATION RE-DESIGNATING R-III ZONING WITHIN THE NATIONAL HISTORIC LANDMARK DISTRICT TO R-II UNTIL THE CITY FINISHES THE PROCESS OF CODE REVIEW AND AMENDMENT RELATING TO ZONING IN THE HISTORIC DISTRICT, SUCH INTERIM REGULATION TO BE EFFECTIVE IMMEDIATELY, PROVIDING FOR A PUBLIC HEARING ON THE INTERIM REGULATION, ESTABLISHING SIX MONTHS AS THE TENTATIVE EFFECTIVE PERIOD UNTIL THE COUNCIL PUBLIC HEARING ON THE CONTINUED MAINTENANCE OF THE INTERIM REGULATION, AND DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION OF AN INTERIM REGULATION ORDINANCE 2972 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE SECTION 2.72.070 - ELIGIBLE PROPERTY FOR SPECIAL TAX VALUATION, TO City Council Business Meeting Page 8 February 19, 2008 MAKE THE SPECIAL HISTORIC TAX VALUATION APPLICABLE TO ANY PROPERTY LISTED ON THE LOCAL REGISTER OF HISTORIC PLACES City Attorney John Watts reviewed the packet materials, and noted that these interim ordinances are based on Council comment at the February 11, 2008, workshop on demolition and teardown issues. Public comment Andrew Reding spoke in general support of the legislation Mr. Welch noted that awell-developed process would be needed; he agreed it is a pressing issue requiring immediate action but stated the Council must commit to moving forward and not keeping interim regulations alive for too long. Mr. King stated it is important that this effort is supported by the Comprehensive Plan and is reviewed in light of those goals. Mr. Randels stated he believes that Ordinance 2969 and 2970 are the only two of the four ordinances that qualify as emergencies. He clarified that only one task force would be established, not a separate task force for each issue. Mr. Randels also stated that the bulk and scale ordinance has significant holes and presented a proposed change to the ordinance. He expressed concern about not enforcing R-III zoning in the National Landmark Historic District in light of the process just completed to require minimum density in the R-III zone and does not believe Ordinance 2971 is an emergency measure. He also noted he does not see the urgency of passing the special tax valuation measure as an emergency. Mr. Butler stated that when a property is encumbered, there should be something in return so he is in favor of moving forward on the tax measure; he also stated he believes there are valid reasons for not applying the R-III zone in this district and would support passing that measure as an emergency also. Mrs. Medlicott agreed with Mr. Butler and expressed strong support for suspending R-III zoning in the National Landmark Historic District. Mr. King stated support for adopting all ordinances at the same time, to give the community a sense of what the Council is trying to accomplish in addressing a series of issues. Pat lolavera, of the Development Services Department, noted that the existence of the R-III zoning puts some additional pressure in these small situations to peel off a portion of a small lot to help pay for improvements. She noted that within the six- month period, staff would like to look at other actions that could be taken such as City Council Business Meeting Page 9 February 19, 2008 adoption of a binding site plan ordinance. She noted that staff could buy some time if the interim ordinance were passed, to look at these issues and come up with the research Council desires. Ms. Sandoval expressed agreement with Mr. Randels regarding the R-III zoning but also stated this is an unusual situation in terms of trying to protect our historic district. Motion: Mr Randels moved to waive Council rules and adopt Ordinance 2969. Mr. King seconded. The motion carried unanimously, 6-0, by roll call vote. Motion: Mrs. Medlicott moved to waive Council rules and adopt Ordinances 2970, 2971 and 2972. Mr Butler seconded. Motion to amend: Mr. Randels moved to amend Ordinance 2970 to incorporate the substance of his memo to the Council regarding bulk and dimensions into the body of the ordinance. Mr Welch seconded. Mrs. Medlicott suggested this issue could be assigned to the task force Mr. King stated he would support the amendment since it is an interim emergency ordinance and he believes it should be as restrictive as possible; he added that the regulations could be expanded more easily than they can be restricted upon passage of the final ordinance. Vote: motion carried, 4-2, by voice vote, Medlicott and Sandoval opposed. Vote on the motion to waive council rules and adopt Ordinances 2970 (as amended), 2971, and 2972 carried unanimously, 6-0, by roll call vote. Motion.' Mr. Welch moved to form a task force to advise on historic preservation issues related to demolition of historic residential structures (including appropriateness of R-lll zoning in the Historic District); and bulk and scale issues on new residential construction and re-development, with composition and appointments as outlined in the agenda bill (1 Councilor, 1 Planning Commissioner, 1 member of HPC, and up to 3 members of the community with an interest or stake in historic preservation issues). Mr Randels seconded. The motion carried unanimously, 6-0, by voice vote. PRESIDING OFFICER'S REPORT Motion: Mrs. Medlicott moved to accept the Mayor's recommendation and confirm the appointments of David Speck to the Arts Commission (Position 9, term expires May 1, 2010); and Chauncey Tudhope-Locklear to the Non-Motorized Transportation Advisory Board (term expires May 1, 2011). Mr. King seconded. The motion carried unanimously, 6-0, by voice vote. City Council Business Meeting Page 10 February 19, 2008 Mayor Sandoval asked if the Council standing committees have had initial meetings. Mrs. Medlicott stated that General Services Committee is waiting until Ms. Robinson's return to schedule a meeting. Mr. Randels reported that the Special Projects Committee has met and concluded that the Committee should seek to catalyze development of a broader community wide effort to address the issue of homelessness and get as many interested partners together as possible to try and find ways to deal with this difficult issue. Once that effort is underway, the Committee will return to the smaller issue of whether or not to allow camping in the City parks. Motion: Mr. Welch moved to appoint Mr. Butler as alternate representative to the Climate Action Committee. Mr Randels seconded. The motion carried unanimously, 6-0, by voice vote. Mr. Butler requested permission to attend a bio-diversity conference in Bonn, Germany, at his expense, on behalf of the mayor. There were no objections and a letter will be drafted for the Mayor's signature to that effect. CITY MANAGER'S REPORT Motion: Mr Welch moved to authorize a letter from the Counci! requested the Sequim City Council to support the Port Townsend Ferry Mitigation Strategies Plan. Mr. Randels seconded. The motion carried unanimously, 6-0, by voice vote. ADJOURN There being no further business, the meeting was adjourned at 10:32 p.m. Attest: Pam Kolacy, MMC City Clerk City Council Business Meeting Page 11 February 19, 2008