HomeMy WebLinkAbout033108 BusinessCITY OF PORT TOWNSEND
CITY COUNCIL
MINUTES OF THE SPECIAL BUSINESS MEETING OF MARCH 31, 2008
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
The City Council of the City of Port Townsend met in special session the thirty-first
day March 2008 at 8:20 p.m. in the 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, Catharine Robinson, and Michelle Sandoval. Mark Welch was
excused.
Staff members present were City Manager David Timmons, City Attorney John
Watts, DSD Director Leonard Yarberry, Public Works Director Ken Clow, Senior
Planner Pat lolavera, Police Chief Conner Daily, and City Clerk Pam Kolacy.
ORDINANCE 2952
AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADOPTING A UNIFORM
CODE ADMINISTRATION AND ENFORCEMENT CHAPTER FOR VIOLATIONS
OF ORDINANCES AND CODES RELATING TO LAND USE; NUISANCE;
BUSINESS LICENSE; PARKS; STREETS AND SIDEWALKS; WATER, SEWER
AND STORMWATER; BUILDING CODE; CRITICAL AREAS ORDINANCE AND
SHORELINE MASTER PROGRAM AND ENGINEERING DESIGN STANDARDS,
PROVIDING PENALTIES AND REMEDIES FOR VIOLATION, AND ADDING
POLICY DIRECTION CONCERNING CODE ENFORCEMENT
City Attorney Watts provided a suggested revision to 20.10.150 (Suspension -
Cause) adding the following language in the first sentence: A director may
temporarily suspend any permit issued under a land use or other ordinance, and if in
the Director's judgment is necessary to secure compliance and does not interfere
with a permit required to be issued as a matter of right", withhold the issuance of
additional permits...... He also supplied information from Municipal Research and
Services Center explaining the addition.
Public Comment:
Earl Murman spoke in favor of adoption.
Paul Richmond stated the Council should amend the ordinance to specifically limit
when Police shall be employed in the capacity of issuing citations such as stop work
orders.
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Susan Langlois expressed concern about the stop work order allowing non-related
work on a project to continue.
Joshua Bennun spoke in support of fines and visible stop work orders.
David Goldman referenced the issue of projects tracked through perrnit activity
rather than complaint logs. He also objected to the new stop work order language.
Andrew Reding suggested the enforcement log be posted on the City web site.
Joanna Loehr spoke in support of adoption.
Motion: Mr. Randels moved for adoption of Ordinance 2952, with the incorporation
of the revision to 20.10.150 recommended by the City Attorney and a change in
20.10.001, last sentence, to replace "should be considered" a primary goal to "is" a
primary goal. Mr King seconded.
Motion to amend: Ms. Robinson moved to amend the motion to change ""should" to
"shall" in the last two sentences of 20.10.040(A). Ms. Sandoval seconded.
City Attorney Watts recommended clarification of intent that the "shalls" in the last
two sentences would relate only to cases involving violation of the City's critical
areas and shoreline codes.
By consensus, the motion became: Change the °should" to "shall" in the last two
sentences; add at the beginning of the last two sentences "!n cases involving a
violation of the City's critical areas regulations (PTMC Ch. 19.05) or shoreline
management plan (adopted by Ordinance 2938), including any amendments, "and
add the last two sentences as originally written (with "should, "and without the
limitation to critical areas or shorelines) after the end of the first sentence.
There was further discussion, including the suggestion that critical areas and
shorelines should have a higher level of protection ("shall") than other codes
("should"), and that it might be unreasonable to abate every minor non-
environmental code violation, for example, a house innocently build a few inches into
a setback.
Vote on amendment: amendment was approved, 5-1, Medlicott opposed.
Ms. Robinson asked about the genesis of the new language in the stop work order
section. Mr. Timmons gave some examples of situations that might be encountered
on large projects where one particular activity may need to be halted but other
unrelated activities would be affected by the stop work order as well. Mr. King
stated he believes the regulation will be more useful as written; it will allow staff to
stop offending activity as opposed to halting all work on the project.
City Council Special Business Mtg Page 2 March 31, 2008
Motion to amend.• Mr. King moved to incorporate language regarding the
enforcement log to the ordinance (with addition of a column for `source of
information'). Mrs. Medlicott seconded. Vote: The motion carried unanimously, 6-
0, by voice vote.
Mr. Randels noted that he supports the concept but does not believe we are at the
point where we can specify exactly what we want in the log; for example, the
recording of complaints related to large projects. He stated he believes the
message to staff is clear and he would suggest giving them a chance to put
something together that is responsive and address the issue then rather than
codifying it at this time. Mr. Timmons stated that staff will bring back a more
detailed recommendation regarding the log.
Vote: The motion to amend carried unanimously, 6-0, by voice vote.
Vote on main motion.• motion to adopt Ordinance 2952 as amended carried
unanimously, 6-0, by roll call vote.
PUBLIC HEARING
EXTENDING ORDINANCE 2968, AMENDIND PTMC SECTION 17.72.020 AND RE-
ENACTINGAND EXTENDING INTERIM PARKING REGULATIONS FOR
RESIDENTIAL DEVELOPMENT IN THE C-III COMMERCIAL DISTRICT
Motion: Mr. Randels, noting thaf only one member of the public remained and that
person did not wish to comment, moved to waive Council Rules of procedure for
public hearings so the Council could move to take action at this time. Mrs. Medlicott
seconded. The motion carried unanimously, 6-0, by voice vote.
Motion: Mr Randels moved to leave in place the interim parking provisions of
Ordinance 2968 for a period not to exceed six months from its adoption (Feb. 4,
2008) to allow further study to address lack of uptown parking, by adopting as
findings the reasons set forth in Ordinance 2968. Mrs. Medlicott seconded. The
motion carried unanimously, 6-0, by voice vote.
ADJOURN
There being no further business, the meeting was adjourned at 9:29 p.m.
Attest:
~C~l'~~
Pam Kolacy, MMC, City Clerk
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