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HomeMy WebLinkAbout021709CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF FEBRUARY 17, 2009 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the seventeenth day of February, 2009, at 6:30 p.m. in the Port Townsend City Council Chambers of City Hall, Deputy Mayor George Randels presiding. ROLL CALL Council members present at roll call were Brent Butler, David King, Laurie Medlicott, George Randels, and Mark Welch. Michelle Sandoval arrived later. Catharine Robinson was excused. Staff members present were City Attorney John Watts, Public Works Director Ken Clow, Planning Manager Judy Surber, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA There were no changes to the agenda. COMMENTS FROM THE PUBLIC (consent and non-agenda items) There were no comments from the public. CONSENT AGENDA Motion.' Mr. Welch moved for approval of the following items on the consent agenda. Mr King seconded. Mr King noted one correction in the January 12 minutes -title should read 2009, not 2008. Mr Randels noted the incorrect spelling of Ashley BulliYs name on page 5 of the January 12 minutes (correct from "Bullet') and stated that in February 9 minutes, last paragraph on page 1, third line from the bottom, "will" establish should be changed to "would" establish different tools..... Motion carried unanimously, 5-0, by voice vote. Aoorova! of Bills, Claims and Warrants Vouchers 106977 through 107078 in the amount of $373, 582.54 Vouchers 107080 through 107110 (plus EFts) in the amount of $203,451,12 Vouchers 107112 through 107222 in the amount of $313, 041.77 Approval of Minutes: January 12, 2009 as corrected January 24, 2009 February 2, 2009 February 9, 2009 as corrected City Council Business Meeting Page 1 February 17; 2009 Authorization for the City Manager to call for and award a bid for a grit classifier for the Wastewater Treatment Facility. PUBLIC HEARINGS Deputy Mayor Randels reviewed the rules of procedure for public hearings and noted they would apply to all hearings scheduled this evening. No Council members had any disclosures regarding financial or property interests in any of the matters. COMPREHENSIVE PLAN MID-CYCLE ASSESSMENT DOCKET Planning Manager Judy Surber reviewed the packet materials. She stated the mid- cycle assessment, as provided for in the municipal code, is done between the regular seven-year updates. Proposals to be considered are based on the Planning Commission's mid-cycle assessment, staff input, town meetings, and input from groups such as the Housing Action Plan Network and Climate Action Committee. The items presented for docketing are shown in priority order. Ms. Surber also provided a document titled "Estimated Cost and FTE's" for each item. She then reviewed each individually. The seven proposed items are: 1) Rezone and create an overlay district for the Howard Street corridor (proposed last year but not ripe for decision at that point). 2) Economic Development (includes review of Urban Growth Area expansion to Glen Cove and 80 acre former DNR property now owned by the City). Would require coordination with Jefferson County. 3) Contingency plan for closure of major industry that would impact local economy (such as Port Townsend Paper). This is procedural and would involve planning a course of action, also in cooperation with Jefferson County. 4) Ensure adequate policy base in Comprehensive Plan to support anti-pollution efforts and reduction of greenhouse gas emissions. 5) Add Housing Action Plan and Housing Action Plan Network policy (update Comp Plan language). 6) Public-private partnerships/Public Development Authority (tool for expanding affordable housing as a means to jump start mixed-use/redevelopment projects). 7) Nomura rezone. Considered last year when aone-acre parcel was rezoned; other zoning to be reconsidered to increase density adjacent to the mixed-use intersection and decrease density further from mixed-use. Owner Terri Nomura concurs that this should go forward. City Council Business Meeting Page 2 February 17, 2009 Two items were suggested to be added to the work plan as resources become available. They are: 8) Evaluate applicability of alternative housing types (such as single-room occupancy). 9 Bonus density/work-force housing. Evaluate efficacy of bonus-density provisions in city codes and regulations. Ms. Surber added that several members of the Planning Commission were present Public comment Bill LeMaster stated his concerns are what the greater community can do for properties such as Glen Cove that are underdeveloped because of lack of sewer and water which the City can provide at a lower cost than the County would incur installing a sewer system. He feels this is an important priority. In addition, he noted that demographic data is outdated and fundamental data must be more accurate for decision-making purposes. Kris Nelson stated that the Planning Commission feels all the items suggested for the docket are important and added that the Commission worked hard to craft this recommendation. Mark Zenger, owner of PT Business Park, stated the City must look at the plume (from mill) issue again; he would hate to have all the analysis and planning regarding zoning changes go for nothing if the City refuses to issue permits because of health issues and concerns. Ms. Surber stated that economic and demographic data will be updated by 2011, with work starting in 2010. She added that there is no staff capacity during the next three months because staff wiil be working on the Council priorities identified at the January retreat. Mayor Sandoval arrived at 7:08 p.m. Mr. Welch expressed concerns about stressing the staff's capacity. Ms. Surber stated that once the Council approves a prioritized list, staff will return to Council with an estimate of how much can be accomplished this year. The Sims Way project will take precedence. Deputy Mayor Randels closed public testimony. Mr. King stated he would like to ensure that the Howard Street project stays at the top of the list and is concurrent with the Sims Way project. City Council Business Meeting Page 3 February 17, 2009 Mr. Randels stated he would like to add flexibility in terms of the scope of the overlay in item 1; he would like the Planning Commission to be able to recommend changes beyond the currently stated boundary. Ms. Surber confirmed that DSD Director Rick Sepler has agreed there may be other areas that should be considered for re-zoning in this item. In response to Ms. Sandoval's question, Mr. Watts stated that she is correct that a Planned Unit Development has special zoning and any changes that would occur affecting a PUD would have to undergo significant process (example: Port Townsend Business Park). Motion: Ms. Sandoval moved for adoption of the Comprehensive Plan mid-cycle assessment final docket as recommended by the Planning Commission amended to expand Item #1 to include the adjacent commercially zoned area including the Port Townsend Business Park. Mr. Welch seconded. The motion carried unanimously, 6-0, by roll calf vote. Mayor Sandoval took over as presiding officer at 7:30 p.m. RESOLUTION 09-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, TO AMEND THE 2009-2014 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM (TIP) TO CHANGE THE FUNDING SOURCE OF PROJECT AND AUTHORIZING THE CITY MANAGER TO SUBMIT THE REVISED TIP TO THE STATE Public Works Director Ken Clow reviewed the packet material. He noted that staff regularly does amid-cycle review of the TIP. The intent of the amendment is administrative and will reflect the change in a funding amount of $2.63 million from city to federal funds. He added that the overall cost does not change, just the funding source. Although there is no guarantee the City will receive the federal funds and might have to amend the TIP again, this lets the state move forward and amend the Statewide Transportation Improvement Program as required for federal project funding. In answer to a question from Mr. King, he affirmed that if the City does not take action, that will guarantee we cannot receive the funds. The City Clerk stated that no written materials have been received in regard to this public hearing. There was no public comment. Mayor Sandoval closed public testimony. City Councii Business Meeting Page 4 February 17, 2009 Motion: Mr. Welch moved for approval of Resolution 09-009. Mr. Randels seconded. The motion carried unanimously, 6-0, by voice vote. ORDINANCE NO. 3001 AN ORDINANCE OF THE CITY OF PORT TOWNSEND VACATING PORTIONS OF HOWARD, BAKER, SHASTA AND 6T" STREETS NEAR DISCOVERY ROAD SUBJECT TO EXCHANGE OF BENEFITS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY DOCUMENTS City Attorney John Watts reviewed the packet material. He noted that the ordinance implements the Howard and 6rh Street realignments, subject to property exchanges or exchanges of other benefits. He noted the Howard Street right of way would shift to the west, with certain portions vacated to property owners and with some retained for anon-motorized trail. The advantage to the City is to open more property for commercial development. In order to receive possible federal stimulus funding, the project may need to be "shovel ready" which includes having obtained the applicable rights of way. Mr. Watts stated that four of the seven owners have indicated support and are ready to sign; others have indicated no objection but want to see greater detail. In addition to the urgency of funding eligibility, a property owner, Creative Systems, is ready to move forward with their project and in order to conclude their financing package, they must know the vacation will occur; their plan is to begin construction of an office building and facility on March 1. The City Clerk stated no written materials concerning the matter have been submitted for the public hearing. There was no public comment. Mr. King asked what happens if one of the property owners declines; Mr. Watts stated that the ordinance authorizes an exchange of benefits on an agreement basis only and the expectation at this time is that all owners will agree to the exchanges. If not, other options could be considered by Council. The swaps can go forward on a parcel by parcel basis. In answer to Mr. Butler's question, Mr. Watts reviewed the notification process. stating that all owners have had notice and the opportunity to attend or comment prior to the public hearing. In response to a question from Mr. Randels, Mr. Watts stated that #4 on page 3 directs staff that the ordinance cannot be recorded until all terms have been met; however #2 on page 2 gives the City Manager authorization to move forward on each segment individually and release the City's rights for the particular parcel. City Council Business Meeting Page 5 February 77, 2009 Mr. Zenger clarified that he was first notified in October of 2008 and the discussion has been ongoing; he believes the plan improves alignment and benefits everyone. The Mayor closed public testimony. Motion: Mr. Welch moved to waive Council rules and adopt Ordinance 3001. Mrs. Medlicott seconded. Amendment: Mr. Butler suggested that the Ordinance contain a recital saying that al! property owners have been legally notified. There were no objections. Vote: motion carried unanimously, 6-0; by roll cal! vote. ORDINANCE NO. 3002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, RE-ENACTING AND EXTENDING ORDINANCE 2985 (AUGUST 4, 2008), RELATING TO LAND USE AND ZONING, ADOPTING AN IMMEDIATE INTERIM REGULATION 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, ESTABLISHING SIX MONTHS AS THE TENTATIVE EFFECTIVE PERIOD, AND DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION OF INTERIM REGULATIONS ORDINANCE NO. 3003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, RE-ENACTING AND EXTENDING ORDINANCE 2986 (AUGUST 4, 2008) RELATING TO LAND USE AND ZONING, ADOPTING AN IMMEDIATE 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, ESTABLISHING SIX MONTHS AS THE TENTATIVE EFFECTIVE PERIOD, AND DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION OF AN INTERIM REGULATION. City Council Business Meeting Page 6 Fe4ruary 77, 2009 ORDINANCE NO. 3004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AND RE-ENACTING AND EXTENDING ORDINANCE 2987 (AUGUST 4, 2008) RELATING TO LAND USE AND ZONING, ADOPTING AN IMMEDIATE 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, ESTABLISHING SIX MONTHS AS THE TENTATIVE EFFECTIVE PERIOD, AND DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION OF A INTERIM REGULATION. City Attorney Watts reviewed the packet materials. He noted that since the last time Council extended the ordinances, the ad hoc committee has met four times; a fifth meeting has been rescheduled. This extension will preserve the status quo while the work of the committee is completed. He stated he estimates final action will be requested in the next three to four months. He presented a new revision to Exhibit A in Ordinance 3003, which relates to the calculation of floor area ratio. Regulations are geared toward preventing a new structure from being out of character with the neighborhood. The original ordinance included the basement in the floor area ratio even if the basement was substantially underground (which would not contribute significantly to the "look" or bulk of the building). The committee worked through various solutions and came up with a solution which would remove basements from the definition if they are entirely below grade except for three feet. There was no public comment Mr. Welch spoke in favor of the addition of the basement exemption. He asked for clarification regarding how often an interim ordinance can be renewed. Mr. Watts stated that the GMA allows extensions as long as there is ongoing work on the plan. Mr. Randels also supported the basement exemption as presented. Motion: Mr. Randels moved to waive Council rules and adopt Ordinances 3002, 3003 (with addition of Exhibit A distributed by City Attorney) and 3004 en bloc. Mr. Welch seconded. The motion carried unanimously, 6-0, by roll call vote. City Council Business Meeting Page 7 February 17, 2009 UNFINISHED BUSINESS ORDINANCE NO. 3006 AN ORDINANCE VACATING THE FOLLOWING STREETS LYING BETWEEN SIMS WAY AND DISCOVERY ROAD - 2"d STREET, 3RD STREET, AND SPRING STREET, SUBJECT TO AN EXCHANGE OF PROPERTIES AND OTHER BENEFITS City Attorney Watts reviewed the packet materials. He stated a hearing on the matter was held on February 2, with outstanding issues referred to the Special Projects Committee. The committee met with representatives of the Scouts and Legion on February 5 and reached an agreement on the exchange of benefits. Public comment Joe Carey, on behalf of the Fred Lewis Cabin Association and the American Legion, expressed appreciation to the Council, committee and staff for their efforts. Ralph Ericksen stated the property and building are locally owned by the Fred Lewis Scout House Association, not by the Scouts or the American Legion. Motion: Mrs. Medlicott moved to waive Council rules and adopt Ordinance 2006. Mr. Randels seconded. The motion carried unanimously, 6-0, by roll cal! vote. RECESS Mayor Sandoval declared a recess at 8:18 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:30 p.m. ORDINANCE NO. 3005 AN ORDINANCE VACATING THE ALLEY RIGHT-OF-WAY LYING NORTH OF BLOCK 2 OF THE POWER ADDITION TO THE CITY OF PORT TOWNSEND; ESTABLISHING CONDITIONS TO THE STREET VACATION; AND ESTABLISHING AN EFFECTIVE DATE City Attorney John Watts reviewed the packet material. He noted that the Council held a public hearing and took substantive action for preliminary approval of the alley vacation request on October 20, 2008. At the time three conditions for final approval were set forth. These conditions have been met and it is up to the Council to approve the street vacation ordinance. There was no public comment. City Council Business Meeting Page 8 February 17, 2009 Motion: Mrs. Medlicott moved to waive Council rules and adopt Ordinance 3005. Mr Welch seconded. The motion carried, 5-1, by roll call vote, Butler opposed. NEW BUSINESS RESOLUTION NO. 09-010 A RESOLUTION OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING APPLICATION(S) FOR FUNDING ASSISTANCE FROM THE JEFFERSON COUNTY CONSERVATION FUTURE FUND FOR THE ACQUISITION OF CONSERVATION LANDS IN THE QUIMPER WILDLIFE CORRIDOR Ms. Surber reviewed the packet materials, noting that the Jefferson Land Trust has asked the City to be both the sponsor and applicant for Jefferson County Conservation Future funding to allow for purchase of several parcels within the Quimper Wildlife Corridor. The Land Trust will act as sponsor for the application and will be responsible for stewardship of the purchased land; lands acquired through this funding program would ultimately be held in the City's name. Ms. Surber introduced Sarah Spaeth and Owen Fairbank of the Jefferson Land Trust. Public comment Sarah Spaeth noted that the project area and properties are those that the Land Trust hoped would receive grant funding from the state, but the project did not rank high enough, partly due to our small population and inability to compete with larger jurisdictions. She stated that we are fortunate to have a local program and willing sellers but stated this is also a competitive grant process. The grant would provide one half the cost of the acquisitions. Ms. Spaeth and Mr. Fairbank explained the color coding of the map in the packet, noting that the map is meant to demonstrate that the properties available for purchase are all in either Tier 1 or Tier 2 priority. Motion: Mr Rande/s moved for approval of Resolution 09-010. Mr Welch seconded. The motion carried unanimously, 6-0, by voice vote. PRESIDING OFFICER'S REPORT Mayor Sandoval reported on a meeting she attended with Secretary of Transportation Paula Hammond, State Ferries Director David Moseley, and Senator Mary Margaret Haugen and Representative Judy Clibbern, chairs of the Senate and House Transportation Committees.. She stated the legislators are doing a good job trying to get the legislature up to speed, including holding workshops on the subject. They are strongly in favor of having two ferries on the Port Townsend run. City Council Business Meeting Page 9 February 77, 2009 The mayor stated that Kitsap Transit has announced they cannot provide transportation on the Kitsap side of the canal during the Hood Canal bridge closure. Mr. Randels said that this was discussed at today's Transit Board meeting and Jefferson Transit will be stepping up to fill that gap and will operate buses on the Kitsap side. Mayor Sandoval stated she is trying to set up a meeting with the PUD to discuss water issues. She also noted she has had a request for a waiver of fees for swimming pool passes for Americorps workers. She would like the Council to develop a policy on waiving these fees. Consensus was to refer to the General Services Committee. COMMENTS FROM COUNCIL Mrs. Medlicott stated the Council should meet with East Jefferson Fire Rescue and the Port regarding the plan and philosophy regarding the proposed new fire station. It was agreed this could be a future agenda item as part of a workshop meeting if Council feels updates from the Council members of the EJFR joint oversight board are not sufficient. ADJOURN There being no further business, the meeting was adjourned at 8:50 p.m. Attest: t, ..- ~,i~~l , ~ , ~~ Pam Kolacy, MMC City Clerk ~~~ ~'X.. City Council Business Meeting Page 10 February 17, 2009