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HomeMy WebLinkAbout062110CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF JUNE 21, 2010 CALL TO ORDER AND PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers present at roll call were David King, Laurie Medlicott, Kris Nelson, George Randels, Catharine Robinson, and Michelle Sandoval with Mark Welch excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Senior Planner Judy Surber, and City Clerk Pam Kolacy . CHANGES TO THE AGENDA Mayor Sandoval presented a proclamation and plaque for Ken Horvath, Grants Administrator, who will retire at the end of June. SPECIAL PRESENTATION(S): Proclamation -Park & Recreation Month Mayor Sandoval read a proclamation designating July as Park and Recreation Month. Barbara Smith accepted on behalf of the Parks, Recreation and Tree Advisory Board. Jefferson County Public Health Report (Julia Danskin, Karen Obermeyer and Sheila Westerman). In addition to the quarterly update, a letter from Chuck Russell, Chair of the Jefferson County Board of Health, was presented to the Council. The Board of Health is seeking Council representatives for a steering committee which will collect and analyze health information and identify gaps in understanding community health which will lead to specific steps needed to improve provision of health services to citizens of the community. COMMENTS FROM THE PUBLIC Public comment There was no public comment. CONSENT AGENDA City Council Business Workshop June 21, 2010 Page 1 of 6 Ms. Robinson noted a correction to the May 10 minutes which should reflect that she was excused from the workshop meeting as well as the special meeting. Senior Planner Judy Surber distributed a new map of the Rights of Way to be vacated in the matter of Consent Agenda Item "F" (Resolution 10-020).. She stated that the packets contained only half of the map. Motion: Catharine Robinson moved to approve the following items on the consent agenda: Approval of bills, claims and warrants Vouchers 111553 through 11686 (plus EFTS) in the amount of $1,001,074.30 Approval of minutes for May 10, May 12 and June 7, 2010 Authorize City Manager to apply for "Secure Our Schools" grant Authorize city participation in Shared Resource -Resource Conservation Manager program (inter/oca/ agreement). Approve Resolution 10-019 authorizing City Manager to accept Preserve American Grant for Wayfinding Project Approve Resolution 10-020 authorizing applications for Funding Assistance for a Washington ~Idlife and Recreation Program (WWRP) project to the Recreation and Conservation Office (RCO) as provided in Chapter 79A.15 RCW, acquisition of habitat conservation and outdoor recreation lands Approve appointment of Brian Moratti to frl/ Citizen Representative position on PEG Access Coordinating Committee Approve contract for professional services wifh Hill & Knowlton for public relations campaign on launch of the Feny Chetzemoka. George Randels seconded. Vote: motion carried unanimously, 6-0 by voice vote. PUBLIC HEARING(S): No public hearings were scheduled. UNFINISHED BUSINESS Ordinance 3035, Amendments to the Port Townsend Municipal Code (PTMC) Title 9, Peace, Morals and Safety; Title 17, Zoning; and Title 18, Land Division Senior Planner Judy Surber reviewed the packet materials, noting that staffs response to the questions raised by the Council on April 5, 2010 is included. There was no public comment. Mr. Randels asked for clarification regarding construction noise criteria in Section 1 (B). Ms. Surber noted the criteria are very similar, but more restrictive for work on a commercial ormulti-family project near a residential area. It also applies only if a City permit has been received. Mr. Randels noted that in Section 2 (B) "Community Clubhouse" it is not logical City Council Business Workshop Tune 21, 2010 Page 2 of 6 that there would be City involvement required if a clubhouse were incorporated with the original PUD or subdivision but not if the clubhouse were established later. The proposed language states that only approval of a majority of the property or lot owners would be required and could be a way to avoid City input. Mr. Watts agreed, suggesting a change in language to require that a subsequent decision to add a clubhouse be subject to a PUD or plat amendment approved by the City and a majority of the PUD or subdivision property or lot owners. Mr. Randels also raised discussion points regarding shipping or temporary storage containers (Section 4) and maximum building height (Section 7). He suggested appeal or departure processes be considered. Planning Commission Chair Julian Ray was asked to comment on whether regulation of hedges was discussed at the Planning Commission. Mr. Ray stated that the Commission did review the issue but thought that attempting to regulate hedges except for visibility or safety issues was not advisable. There was further discussion regarding temporary storage containers. Concems included no limit on time extensions that can be granted by the DSD Director and no format appeal process for neighbors who may be affected by an extension. There was also discussion on whether a "grandfather" clause could apply for containers that have been in place for an extended period of time (designating a time frame for removal). Consensus was to approve language at this point and revisit the issues if necessary. Discussion ensued about maximum building heights. It was noted that a Planning Commission member had Concems about this limitation but the Commission voted to forward it to the Council without a recommendation, but would be open to revisiting, particularly in the context of affordable housing, if the Council directs. It was noted that a related issue is location of mechanical systems on rooftops which may result if another floor is squeezed in. Other issues include whether legislating aesthetics is appropriate, and whether performance or design criteria could be adopted in conjunction with limiting the number of stories allowed. Regulation of hedges was discussed. It was noted that the changes currently before the Council relate only to fences. The Planning Commission has not finished a complete review of regulations regarding fences and hedges. Motion: George Randels moved to approve Ordinance 3035, Amendments to the Port Townsend Municipal Code (PTMC) Title 9, Peace, Morals and Safety; rtle 17, Zoning; and Title 18, Land Division with change in Section 2 B to require a clubhouse that is subsequently established to be subject fo aPUD/Plat Amendment with the approval of the City and a majority of the PUD or subdivision property and/or lot owners. Catharine Robinson seconded. Vote: motion carried unanimously, 6-0 by voice vote. City Council Business Workshop June 21, 2010 Page 3 of 6 Ordinance 3026, amending procedures in PTMC Chapters 1.14 -Uniform Appeal Procedure, 2.14 -Hearing Examiner, 19.04 - SEPA, and 20.01 -Land Development Administrative Procedures to change appeals from the City Council to the Hearing Examiner, and updating processes and removing outmoded references. City Attorney John Watts reviewed the packet materials. Mr. Watts stated he does not believe the change would significantly increase the annual costs allocated for the Hearings Examiner; additional costs would apply if a code interpretation were appealed. He added that only one code appeal has been made in the last ten years. There was no public comment. It was noted that Hearing Examiner decisions can be appealed in Court and that the Council could initiate such an appeal. Discussion ensued, with Councilors generally expressing support, with acknowledgement that this process would remove some direct contact between citizens and elected officials. Staff was asked to develop a tracking system so that Councilors would be aware of issues coming before the Hearing Examiner. Motion: Laurie Medlicott moved to approve first reading Ordinance 3026 with corrected typos and edits David King seconded. Vote: motion carried unanimously, 6-0 by voice vote. Mayor Sandoval declared a recess at 8:52 for the purpose of a break. The meeting was reconvened at 9:04 p.m. Resolution 10-021, Approving the Formation of a Regional Fire Protection Service Authority Planning Committee Mr. Timmons reviewed the packet materials. Mr. Watts noted a typographical error in the second "whereas" and stated the date Jan. 1, 2010 should be changed to Jan. 1, 2007. Mr. King stated that the Joint Oversight Board was unanimously in favor of forming the committee and formulating a plan; he stated that he believes all are committed to some form of change in governance. Mr. Randels stated he is prepared to propose an amendment that is implicit in the resolution. He would like to make it explicit that if the RFA is not the preferred alternative, the planning committee should not be constrained to just one option. City Council Business Workshop June 21, 2010 Page 4 of 6 Mr. King said that if language is added to the City's resolution, it should be added to the District's resolution as well. He added it is accurate to say the six members of the Joint Board are not completely committed to an RFA but they are committed to a change in governance. He stated that he does not believe the language would be problematic for the others on the committee. It was noted that a completed plan could not be ready in time to distribute to the public prior to the August vote. Public comment Charlie Bermont, Peninsula Daily News, asked if the three members of the Fire Authority would be selected by the Council or the public. Mr. Timmons noted it would be the Council and confirmed they would then have dual roles as Councilors and Fire Authority representatives. Motion: George Randels moved to approve Resolution 10-021, approving the Formation of a Regional Fire Protection Service Authority Planning Committee with amendment as follows on page 1 and in the appropriate "whereas" clause: provided, however, that nothing herein shall be construed as a limitation on the planning committee with regard to its options and said committee may recommend any other legal governance structure for adoption by the City and the District if it should conclude fhat an alternative structure would be preferable to the RFA option referenced in this Resolution." The date in the second Whereas clause will also be corrected from "2010"to "2007."Laurie Med/icott seconded. Vote: motion carried unanimously, 6-0 by voice vote. Ordinance 3040, amending the Port Townsend Municipal Code, Chapter 5.08 Business Licenses to change appeals to Hearing Examiner and remove outmoded references to Treasurer. Mr. Watts reviewed the packet materials. There was no public comment. There was brief discussion about how the business license regulations apply to non-profit organizations. It was noted that non-profits need to register with the City but are not required to purchase a business license. Staff will also make sure the date references are correct and outdated references are removed prior to final reading. Mrs. Medlicott stated she would like to see publicity regarding the requirement for non-profits to register with the City. Motion: David King moved to approve first reading of Ordinance 3040, amending the Port Townsend Municipal Code, Chapter 5.08 Business Licenses to change City Council Business Workshop June 21, 2010 Page 5 of 6 appeals to Hearing Examiner and remove outmoded references to Treasurer. George Rande/s seconded. Vote: motion carried unanimously, 6-0 by voice vote. NEW BUSINESS There were no items scheduled under New Business PRESIDING OFFICER'S REPORT Mayor Sandoval asked for volunteers to serve on the Board of Health steering committee. Council members Nelson, Randels and Medlicott volunteered to serve. CITY MANAGER'S REPORT Mr. Timmons recognized retiring employees Sheila Spears and Ken Horvath. An announcement about the launching of the ferry Chetzemoka will be made soon. Another annoucement is pending regarding the second round of applications for Jefferson County broadband. Final paving oh Upper Sims Way will be done this month. STANDING COMMITTEE REPORTS SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION COMMENTS FROM COUNCIL EXECUTIVE SESSION ADJOURN There being no further business, the meeting was adjourned at 9:50 p.m. Attest: ~~ ~~~ Pamela Kolacy, MMC City Clerk City Council Business Workshop June 21, 2010 Page 6 of 6