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HomeMy WebLinkAbout090809CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF SEPTEMBER 8, 2009 CALL TO ORDER AND PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers present at roll call were Kris Nelson, Michelle Sandoval, George Randels, David King, Laurie Medlicott, Catharine Robinson, and Mark Welch. Staff members present were City Clerk Pam Kolacy, City Manager David Timmons, City Attorney John Watts, DSD Director Rick Sepler, Public Works Director Ken Clow, and Police Chief Conner Daily . CHANGES TO THE AGENDA Mr. Randels suggested that the agenda be re-ordered so the YMCA presentation is made prior to the discussion about the Mountain View Lease. There were no objections. Mayor Sandoval stated the Council will conduct an executive session at the end of the meeting to discuss pending litigation and a real estate matter. SPECIAL PRESENTATION: BARBARA MARSEILLE VOLUNTEER AWARD Peter Lauritzen was present to accept the Barbara Marseille Volunteer of the Year Award for his service to the community, particularly on the Non-Motorized Transportation Advisory Board. COMMENTS FROM THE PUBLIC Bill LeMaster commented on the fee schedule for use of the public rights of way for sidewalk tables and chairs. He asked the Council to consider rescinding Ordinance 2017, citing lack of transparency of the process and lack of notification to merchants who will be affected. Rob Gruye also commented on the rights of way ordinance. He read a letter into the record from Kaori Hull of Hanazono Asian Noodle. Staff response Rick Sepler stated he would be happy to meet with Mr. Gruye and that he has spoken to Mr. LeMaster. He said that staff is supportive of this use of the right of way but needs a regulation standard to review the requests for use equitably and also make sure safety concerns are addressed. He also noted that at this point there are no uses in Port Townsend that would qualify under the "sidewalk cafe" City Council Workshop Meeting September 8, 2009 Page 1 of 7 portion of the ordinance. Staff continues to work with Main Street on overall streetscape uses and if uses fit within this plan the annual renewal fee is minimal. Mr. Timmons stated that Council may want to refer the issue to the Community Development/Land Use Committee. Mayor Sandoval stated this can be taken up later in the meeting. CONSENT AGENDA Motion: Catharine Robinson moved to approve the following items on the Consent Agenda: Bills, Claims and Warrants: Vouchers 108848 through 108990, plus EFTs in the amount of $658,872.91. Motion to authorize submission of energy conservation grants and give the Cify Manager authority to sign letters of commitment for each. Kris Nelson seconded. Vote: motion carried unanimously, 7-0 by voice vote. PUBLIC HEARING(S): There were no public hearings scheduled. UNFINISHED BUSINESS Ordinance 3022, Extending Ordinance 3008, Concerning Interim Height Limitations in the Overlay District in PTMC Chapter 17.28 and the Special Height Overlay District in Chapter 17.28. City Attorney John Watts reviewed the packet material. He noted that the Planning Commission is planning a public hearing and the matter should be coming back to the Council in the next two months. In response to a question from Ms. Nelson, Mr. Sepler stated that he believes the Planning Commission will be able to address this soon after the bulk, dimension and tear down ordinances. Public comment: There was no public comment. Motion: Catharine Robinson moved to waive Counci! Rules and adopt Ordinance 3022, relating to land use and zoning, re-enacting and extending interim regulations concerning provisions in the Overlay District in Chapter 17.26 and the Special Height Overlay District in Chapter 17.28, and providing that the provisions of the Overlay District zoning apply in the event of conflict with the underlying zoning except as provided herein; and declaring an emergency necessitating immediate adoption of interim regulations. George Randels seconded. Vote: motion carried unanimously, 7-0 by voice vote. City Council Workshop Meeting September 8, 2009 Page 2 of 7 Re-Enacting and Extending Interim Regulation Ordinances: Ordinance 3019, 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 3020, 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; Ordinance 3021, Re-Enacting and Extending Ordinance 2986 (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 an Interim Regulation. Mr. Watts reviewed the packet materials. He noted that these interim regulations are still under review by the Planning Commission. The Planning Commission is scheduled to hold a public hearing on October 8 and then foward a recommendation to the Council. In response to a question from Mr. Randels, Mr. Watts stated that the text of the ordinances has not changed since the last review by the Council. Public comment: There was no public comment. Motion: George Randels moved to waive Council Rules for two readings and waive Council Rules for reading of the Ordinance titles, and adopt Ordinance 3019, Ordinance 3020 and Ordinance 3021 . Kris Nelson seconded. Vote: motion carried unanimously, 7-0 by voice vote. Ordinance 3018, Authorizing the Creation of a Public Corporation to be known as the City of Port Townsend Public Development Authority and Approving a Charter and Bylaws. Mr. Timmons reviewed the packet materials, and stated this action will put the PDA in place and signal the Council's approval and intent to put this in place. He added that the next step will be to appoint a Board of Directors. Mr. Watts stated there are a few minor housekeeping changes from the original City Council Workshop Meeting September 8, 2009 Page 3 of 7 ordinance. Public comment: There was no public comment. Mr. King stated that he would like the language to be specific so that the PDA does not interpret its mandate of providing affordable housing to mean encouragement of development that does not continue to be permanent affordable housing. There was agreement to use "in perpetuity" in the appropriate parts of the documents. Mr. Randels pointed out that it may sometimes make sense for developing affordable housing outside of the "perpetuity" clause. There may be some instances where the public good would still be served even if the project were not designated as affordable in perpetuity. If the PDA believes that, it could come back to the Council with that recommendation. Motion: George Randels moved to approve Ordinance 3018, Authorizing the Creation of a Public Corporation to be known as the City of Port Townsend Public Development Authority and Approving a Charter and Bylaws with change in language to 'preservation in perpetuity" of affordable housing at appropriate sections of the ordinance and charter. Catharine Robinson seconded. Vote: motion carried unanimously, 7-0 by voice vote. Purchase Option of one-half acre vacant property next to Kosec Funeral Home for Neighborhood Park City Manager David Timmons reviewed the packet materials. He noted this is consistent with efforts to establish a small scale park in the Castle Hill area. Public comment: There was no public comment. Mrs. Medlicott stated she wished to disclose that the property owner is a personal friend. Motion: Mark Welch moved to authorize the City Manager to execute a purchase and sale agreement to purchase approximately % acre of vacant land adjacent to Kosec Funeral Home for $185, D00 for park purposes. George Randels seconded. Vote: motion carried unanimously, 7-0 by voice vote. YMCA Annual Report Mr. Timmons introduced Bill Kush, Executive Director of the YMCA and noted that the Councilors have all received copies of the annual report. Mr. Kush made his presentation and also noted that the Y would like to expand into adult programs. City Council Workshop Meeting September 8, 2009 Page 4 of 7 Mr. Randels expressed disappointment that the report did not contain information that was specifically requested -the data breaking down participants by geographical area. He stated that since the City, as the predominant and possibly only public supporter of the Y, has the right and obligation to find out who the City's tax dollars serve. He asked that the information be included in the next report. Public comment: There was no public comment. Mountain View Lease for YMCA Programs Mr. Timmons reviewed the packet materials and distributed a draft map of the Mountain View building. Ms. Nelson asked why the Y would be allowed to "sub" sublet their spaces and retain 80% of the proceeds. She stated the rental terms are very favorable for the organization and supports that, but questioned the City renting spaces to organizations which then sublet for a profit. Mr. King asked if the lease and sub-leases had to be approved by the School District. He said he would also like to see more detailed accounting in terms of numbers of people served. He said that since any source of revenue, including sublets, will go back into the programs that is positive, but there should be good accounting for those funds. Public comment: There was no public comment. After further discussion regarding subleasing, Mr. Timmons suggested that any actual sublease of the space would need to be approved by the City; this would be differentiated from allowing groups to rent space for a single function. Actual subleasing would require City action and approval and this can be changed in the agreement. Motion: Laurie Medlicott moved to authorize the City Manager to execute a lease with the Y for Y programs at Mountain View consistent with the "Draft YMCA Terms" with change as discussed regarding making a distinction between space rental and space subleasing. Mark Welch seconded. Vote: motion carried unanimously, 7-0 by voice vote. NEW BUSINESS CITY SEAL AND FLAG DESIGN COMPETITION Mr. Timmons reviewed the packet materials. Public comment: Sherry Kack, Arts Commission, spoke on behalf of the project. City Council Workshop Meeting September 8, 2009 Page 5 of 7 Mr. Randels suggested including a proviso that specific dates can be amended by the HPC and Arts Commission if necessary. After discussion, the Council agreed that those eligible to enter a project should not be limited by geographic areas where they live or work. Motion: George Randels moved to approve the recommendation of the Arts Commission to issue "Call for Artists and All Interested Persons" as presented provided that any specific dates in said attachments maybe changed at the prerogative of the Arts Commission and HPC and further provided that the call should be inclusive of any resident of Jefferson County. Catharine Robinson seconded. Motion: Catharine Robinson moved to amend the main motion to extend the scope of eligible applicants with no geographic limitation .David King seconded. Vote: motion carried unanimously, 7-0 by voice vote. Motion: George Randels moved to approve the main motion as amended to approve the recommendation of the Arts Commission to issue "Call for Artists and All Interested Persons" as amended to provide that any specific dates in attachments maybe changed at the prerogative of the Arts Commission and HPC and extending the scope of eligible applicants with no geographic limitation. Catharine Robinson seconded. Vote: motion carried unanimously, 7-0 by voice vote. PRESIDING OFFICER'S REPORT Climate Action Committee Appointments Motion: Mark Welch moved to approve Mayor's recommendation and confirm the appointments of Annie Young and Deborah Stinson to the Climate Action Committee. George Randels seconded. Vote: motion carried unanimously, 7-0 by voice vote. Mayor Sandoval suggested that street issues and rights of way issues be referred to the Community Development/Land Use Committee. There were no objections. In response to Mrs. Medlicott, Mayor Sandoval stated that the issue would start with CD/LU and if needed, could be handed on to the General Services Committee. CITY MANAGER'S REPORT Mr. Timmons provided a handout on sign guidelines produced by the International Signage Association which parallels many of the sign code issues the Council has discussed. He suggested referring the sign code to the CD/LU committee for one more touch; Mr. Sepler said staff could present at the September 17 Committee City Council Workshop Meeting September 8, 2009 Page 6 of 7 meeting. STANDING COMMITTEE REPORTS SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION Affordable Lands Inventory Mr. Timmons suggested that the Council schedule a joint discussion with the BOCC regarding parks. COMMENTS FROM COUNCIL EXECUTIVE SESSION Mayor Sandoval stated the Council would go into executive session after a short break at 8:25, to discuss two matters, one involving litigation and discussion of legal counsel involving the City and the second regarding a potential purchase of real estate that if discussed in open session could negatively affect the City's position. She said no action will be taken and the time of the session is estimated at 30 minutes. Executive session began at 8:30 p.m. The meeting was reconvened at 9:00 p.m. ADJOURN There being no further business, the meeting was adjourned at 9:01 p.m. Attest: ~~. ~ Pamela Kolacy, MMC City Clerk City Council Workshop Meeting September 8, 2009 Page 7 of 7