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HomeMy WebLinkAbout071910CITY OF PORT TOWNSEND MINUTES OF THE BUSINESS MEETING OF JULY 19, 2010 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in special session the 19th day of July 2010 at 6:35 p.m. in the Port Townsend City Council Chambers of City Hall. ROLL CALL Councilmembers present at roll call were David King, Laurie Medlicott, Kris Nelson, George Randels, Catharine Robinson, Michelle Sandoval, and Mark Welch. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, and Development Services Director Rick Sepler . CHANGES TO THE AGENDA There were no changes to the agenda. SPECIAL PRESENTATION(S): WASTEWATER TREATMENT PLANT AWARD City Operations Manager John Merchant accepted the award, noting this is the fifth award received by the Compost Facility and the fourteenth by the Wastewater Treatment facility since the State Department of Ecology started the program in 1995. COMMENTS FROM THE PUBLIC Public comment There was no public comment. City staff response There was no staff comment. CONSENT AGENDA Approval of Bills, Claims and Warrants Vouchers 111835 through 111958 in the amount of $836,949.35 Vouchers 111855 and 111963 through 111970 (plus EFTS) in amt of $128,080.60 Vouchers 111971 through 111981 in the amount of $7,559.03 Electronic Funds Transfer 07/13/2010 in amount of $13,216.93 City Council Special Business Meeting Page 1 of 11 Approve letter of support for PUD's application for allocation of power from Bonneville Approve Swimming Lesson Scholarship Program Resolution 10-026 endorsing 2010 Port Townsend Film Festival and approving facility fee waiver Motion: George Randels moved to approve the consent agenda. Catharine Robinson seconded. Vote: motion carried unanimously, 7-0 by voice vote. PUBLIC HEARING(S): Six Year Transportation Improvement Plan Public Works Director Ken Clow reviewed the packet materials. The purpose behind the annual adoption of the transportation program is to list projects in the City's transportation network that are of regional significance. Generally those projects are listed for which the City would seek state or federal assistance. This list includes nine new projects, primarily nonmotorized, because the City has submitted grants on these projects. There was no public comment. Ms. Robinson asked a question about the sidewalk link between Logan and Hancock. Mr. Clow recognized the omission and agreed to add this segment to the plan under the Gateway Improvement II project (#3). She also asked about sidewalk plans for 19th Street. Mr. Clow recognized this as a need among many. While 19th Street from Sheridan to Kearney would qualify, Hastings Avenue was thought to be a higher priority at this time. Ms. Robinson asked if there is a way to connect the #14 Spruce Street trail without going out to San Juan. Mr. Clow responded that there is not because no right of way was platted. There has been talk with property owners in that location, but there is no agreement on granting an easement. Ms. Robinson also asked if Blaine Street is listed because of the schools. Mr. Clow concurred. He explained there is a partial sidewalk but both the street drainage issues and pedestrian issues require that pedestrians walk in the street. Ms. Robinson noted there are other residential streets on which Jefferson Transit has routes that she would like to see included. Mr. Clow said Clay Street is one of many that are failing. State or Federal funding is less likely to be available for those areas City Council Special Business Meeting Page 2 of 11 than safe walks to school. He recognized the needs along bus routes. Mr. Randels pointed out that as the older demographic group gets larger, there might be grant programs in the future that address improvements to meet the needs of the elderly. Mr. King asked what stars mean in the map. Mr. Clow said these are intersection improvements. Ms. Sandoval urged that if grants are obtained by the walkable community group, the City might collaborate with the Hospital District on accessibility improvements at the hospital campus. Mr. Clow noted there are two projects on Sheridan Street. Mr. Timmons explained Projects 11 and 12 in that area. Ms. Nelson asked about Project 12. Mr. Clow responded that the sidewalk and existing sidewalk is awkward without good transitions, so this project would tie into the existing sidewalk at Sheridan between 19t1i and Hastings. There was no public comment. Motion: Mark Welch moved to approve Resolution 10-027, approving the 2011-2016 Six-Year Transportation Improvement Program and Authorizing the City Manager to submit this to the State of Washington. George Rande/s seconded. Vote: motion carried unanimously, 7-0 by voice vote. Mr. Timmons noted Council comments would be good to address again when the Transportation Functional Plan is brought forward. Mr. Welch asked whether routes on Jackson Street toward downtown as well as Fir Street are listed. Mr. Clow noted these are recognized as areas of need. Mrs. Medlicott asked if any street work would be accomplished with the passage of the upcoming levy next month. Mr. Timmons agreed fixing neighborhood streets is one of the targeted outcomes of the levy. The City would not be in a position to do any work for three (3) years. Mr. Clow reiterated this levy would not fix all street problems. The City would need to prioritize projects, arterials, and connectors. Mr. Timmons announced that today he was notified of the City's receipt of $250,000 in federal funding for a sidewalk project on Hastings from Discovery to Sheridan. UNFINISHED BUSINESS City Council Special Business Meeting Page 3 of 11 Ordinance 3036, adopting a map designating residences as historic City Attorney John Watts reviewed packet materials. On July 12, Council approved first reading of the three ordinances. The matter is back for consideration of adoption with corrections made as identified by Council. A new section 3 has been added to Ordinance 3037 to repeal two interim ordinances Council had adopted and extended over the last couple of years. A new Section 2 would be added to Ordinance 3038 so that the interim ordinance for floor area ratios, namely maximum sizes on residential structures, would remain in effect. Staffs recommendation is to forward this topic to the Planning Commission for review. Ms. Nelson noted an error in the List of Corrections. Recitals L, O, P and V should be listed as changes to Ordinance 3037 rather than 3036. Mr. Watts agreed. Ms. Robinson disclosed she owns an older home. Ms. Nelson disclosed she owns a business in an aging building. Ms. Sandoval disclosed she owns an old building downtown. All are buildings which may be affected by the ordinances. Mr. King asked about any outstanding changes to Exhibit A, the Historic Residence Inventory map. Mr. Sepler confirmed that this map incorporates changes from July 12. Motion: George Randels moved to approve Ordinance 3036, Relating to Land Use and Zoning, Amending Chapter 17.30 of the Port Townsend Municipal Code Conceming Design Review of Historic Buildings, and Adopting a Map, Survey and Methodology Designating Residences as Historic and Contributing to the National Historic Landmark District. Kris Nelson seconded. Vote: motion carried unanimously, 7-0 by voice vote. Ordinance 3037, adding provisions to the City's historic preservation code on design review and demolition of historic residences; There was no public comment. Ms. Robinson asked to ensure that Exhibit B as distributed with the Ordinance on July 12 would be the same in the final ordinance. Mr. Sepler agreed. Ms. Robinson also urged Staff to report back to Council in six (6) months with any issues that have arisen so that they could be added to the Council's work plan if needed. Mr. Randels recognized the efforts of the HPC and the Planning Commission on this issue. Motion: David King moved to approve Ordinance 3037, Relating to Land Use and Zoning, Amending Chapter 17.08 and 17.30 of the Port Townsend Municipal Code Conceming Design Review of Historic Buildings, and Adopting Regulations City Council Special Business Meeting Page 4 of 11 Concerning Demolition or Alteration of Certain Historic Structures, Including Residences, and Providing for Designation of Historic Building and Places, and Adopting Maintenance Standards for Historic Buildings, including changes in the Exhibit as noted by Ms. Robinson. Kris Nelson seconded. Vote: motion carried unanimously, 7-0 by voice vote. There was no public comment. Ordinance 3038, relating to zoning code changes adding bulk and scale limitations to residences. Mr. Welch said while he supports the motion, he proposed removing Section 2. There was no public comment. Motion: Mark Welch moved to approve Ordinance 3038 (without Section 2), Relating to Land Use and Zoning, and Amending Chapter 17.16 of the Port Townsend Municipal Code to Provide for Bulk and Scale Limitations for Residential Development and Re-development, and Amending Chapter 17.08 of the Municipal Code Providing Definitions for Daylight Plane and Modulation. Kris Nelson seconded. Mr. Randels said he did not see any urgency requiring the continuation of the interim ordinance. He would accept the motion removing Section 2. Ms. Robinson expressed her support for the motion including Section 2. Vote: motion carried unanimously, 7-0 by voice vote. Motion: George Randels moved to approve declaring Interim Ordinance 3032 on Floor Area Ratios as superoeded by Ordinance 3038 and move to direct the Planning Commission to review and make a recommendation to the City Council on the appropriateness of establishing maximum size limitations for residences, including but not limited to the strategies identified in the July 12, 2010 memorandum from City Staff (Rick Sepler, et. al., Attachment 9 to the July 12th Council Packet). The review and recommendations should consider whether newly- approved bulk and scale regulations serve to adequately protect existing neighborhoods from out-of-scale new construction or remodeling, and whether or not they serve to adequately protect new or developing neighborhood from such construction. David King seconded. Ms. Nelson commented that the Planning Commission has already reviewed this matter and made a recommendation to Council. Mr. Randels said he believes the Planning Commission gave consideration in the context of developed neighborhoods. He does not believe they addressed City Council Special Business Meeting Page 5 of 11 neighborhoods that do not yet exist or that are in the early stages of development. He also has concerns about efficient use of infrastructure (streets, water, sewer) and tax productivity. Mr. King agreed with Mr. Randels, but is curious about areas not yet developed. Ms. Nelson questioned whether the topic is about out of context houses in undeveloped neighborhoods or concerns over how big someone's house is. Council should clarify the issue for the Planning Commission. Ms. Sandoval is sensitive to Planning Commission's time and to the perception that Council did not agree with their recommendation. She personally has received more unsolicited comments about the large out of scale house in her neighborhood than on any other issue. She is uncertain Council would receive additional input, but she would support the motion. Mr. Watts said Staff suggests and interprets the motion in a sense declaring that Ordinance 3038 supersedes Ordinance 3032 which is the interim ordinance. Mr. Randels agrees that the Planning Commission is not the place to set tax or infrastructure efficiency policies. He believes the unplanned neighborhood in itself is an issue not yet heard by the Planning Commission. Mr. Welch said he would be more amenable to looking at energy standards. He believes it is more of a philosophical than a planning issue. It also gets into an area of social engineering. Ms. Medlicott said she now understands the daylight plane issue and believes the current ordinance covers most of what the City should be covering. She is not comfortable with the social engineering aspects and would not support the topic going to the Planning Commission. Mr. Randels said he does not believe the daylight plane provisions as adopted tonight would have prevented the design of the house in Ms. Sandoval's neighborhood. Mr. Sepler responded with an explanation of whether the current language would prevent a house of this size from being built today. Vote: motion carried, 4-3 by voice vote, Laurie Medlicott, Kris /Nelson, and Mark Welch opposed. Motion: Catharine Robinson moved to approve directing staff to track any and all issues relating to all three Ordinances 3036, 3037 and 3038 and report back to Council in six (6) months so that if needed Council could include a review of fhe ordinances in its 2019 work plan. George Randels seconded. City Council Special Business Meeting Page 6 of 11 Vote: motion carried unanimously, 7-0 by voice vote. 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. There was no public comment. Mr. Watts reported that Council approved first reading of this ordinance on June 21. It makes procedural changes to the land use codes. The primary change is that it takes the City Council out of certain land use appeals and directs those to the Hearing Examiner. The draft also incorporates correction of typographical errors, which are listed separately. The packet contains a document titled "Draft Additions," which is the same document presented to Council on June 21. It corrects typographical errors and strikes paragraph 6 dealing with additions and revisions to Chapter 17.46 on multi-family commercial building and cottage housing design review. It adds paragraph 10, addressing minor procedural changes to the Critical Areas Ordinance to allow the DSD director to waive documentation if it is not believed to be necessary for the review and approval of a permit. Chapter 17.46 has been rewritten to specify that certain projects are reviewed as Type 1A permit process actions (smaller commercial buildings and smaller multi-family projects), also Type 2 which has greater notice to surrounding neighbors (larger commercial buildings and larger multi-family projects) and Type 3 which is a detailed hearing process (cottage housing developments in RI). These are procedural amendments, but do not change standards of review of an application. Motion: George Randels moved to approve Ordinance 3026; amending procedures in PTMC Chapters 1.14 -Uniform Appeal Procedure, 2.14 -Hearing Examiner, 19.04 -SEPA, 17.46 Commercial, Multifamily, Cottage Housing Developments, and Mixed Use Architectural Design Review Process, 19.05 -Critical Areas, 20.01 - Lano' Development Administrative Procedures and 20.02 Interpretation of Land Development Codes to change appeals from the City Council to the Hearing Examiner, and updating processes and removing cutmoded references, with Additions to Procedural Amendments (July 12, 2010), and Revised Tables for PTMC 20.01.040 (July 15, 2010). Kris Nelson seconded. Vote: motion carried unanimously, 7-0 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 There was no public comment. City Council Special Business Meeting Page 7 of 11 City Attorney John Watts reviewed the packet material. This Ordinance makes a companion change to the appeal process for a business license denial. Although there have not been any appeals for ten years, currently business license denials are heard by the City Council. This would direct appeals instead to the Hearing Examiner. The Ordinance also makes minor housekeeping changes, including some of the issues identified June 21 related to outmoded sections on the length of time a business license is in effect. All business licenses are now good for one year. Motion: David King moved to approve 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. George Randels seconded. Vote: motion carried unanimously, 7-0 by voice vote. NEW BUSINESS Ordinance 3041 Interim Sign Standards for Upper Sims Way Mr. Timmons commended the efforts of consultant Kelly Brandon of KB Design and DSD Director Rick Sepler. The results are positive and establish a strong foundation to move forward on implementing the Way Finding project. Mr. Sepler reviewed packet materials and introduced the project and resulting recommendation. This is an interim Ordinance to adopt a program that would allow in certain circumstances business signs in the Upper Sims right of way in the area identified to address coordinated signage in a manner to remedy impacts or potential impacts to the visibility of existing signage that was to be relocated. During construction and installation of landscaping, businesses owners raised concerns that the new landscaping would adversely affect the viability of their business by blocking existing signage or views to their business. This is an emergency interim ordinance because the code does not allow Staff to establish private signage within the right of way. The project is nearing its close out and there are improvements that cannot be installed until this matter is resolved. Every day of delay, according to business owners, results in adverse impact to some of the properties. The desire is to support businesses in a timely manner. Mr. Sepler noted that the reason for public ownership is uniformity of design to support the significant urban design effort to improve the aesthetics and function of the area. Subsequent to Council action, the City sign program would cost $16,000 ($2,000 for each sign) and includes funding for three extra signs to allow for adjustment and additions). Lighting would be provided at the proponent's expense but to City standards. Mr. Randels pointed out typographical errors and asked several questions about the City Council Special Business Meeting Page 8 of 11 Ordinance. On Exhibit A, Page 3, he asked if the business can create sign area by removing other signs. Mr. Sepler said they could. Mr. Randels said on Page 5, there is not explicit reference that the lighting must meet all. existing City regulations. He suggested this be revisited. Mr. Sepler said the City does not permit uplighting but Council would review the Sign Code in August. This action would allow uplighting in the interim until there is a long-term solution to use new technology. Ms. Nelson asked for a clarification in Exhibit A, page 2 of 3, item A.3 to say each parcel or lot would only be allowed one sign. She also asked for an addition to the criteria to allow businesses to put signs on their own property if they meet the code. Her idea is to address current issues, but also meet future sign needs for new businesses in vacant buildings. Addressing the issue of placement, Mr. Brandon reviewed challenges to businesses under the three criteria. Mr. Sepler added that on August 9 Staff would bring the sign code and fold in the standards of this Ordinance with broader applicability. The Way Finding project would also help clarify when and where signs go. Ms. Robinson asked how this works on an interim basis. Mr. Sepler said it establishes the program immediately. The required public hearing would be held in concurrence with the scheduled August 9 hearing on the Sign Code. Council could then take action on the Sign Code to make it a permanent regulation. If approved, the City would secure agreements with property owners and commission construction of the signage with their artwork. Existing signage would be removed and the City would install new signs as soon as possible. This new signage is not intended to provide additional area; the business must have the square footage available. All six businesses would be under or at the existing threshold allowed by the current code. Ms. Robinson was concerned about the size of the replacement signage and asked about City liability associated with allowing some and not others. Mr. Brandon responded that the temporary signage currently in place is larger than the replacement signage. Mr. Watts said there are na guarantees about liability. The City would have to put out its regulation and hope it is accepted. There are cases that support a well thought out, planned program with significant public benefit. These are very fact dependant. The situation would have to play out in the courts if challenged. He does not believe this is a reason not to adopt the ordinance. It would not create monetary damage, only potential invalidation of the regulation. Mr. Timmons commented that businesses have choices to modify existing signage or agree to participate with this program. Mr. King asked if the existing six (6) signs were properly permitted. Mr. Sepler said yes, but not all are consistent with current sign code. Mr. Welch asked if the Gateway Plan sign standards were ever developed. Mr. City Council Special Business Meeting Page 9 of 11 Sepler responded there is one section that refers to that plan, but the plan was ambiguous about what signage was allowed. Mrs. Medlicott said this is excellent work and a good forward step to addressing a difficult problem. There was no public comment. Motion: Laurie Medlicott moved to approve waiving Council Rules and approve Ordinance 3041 adopting the Upper Sims Way Coordinated Signage Standards on an interim basis. George Randels seconded. Mr. Sepler reviewed the three changes to the Ordinance as recommended by - Council. Vote: motion carried unanimously, 7-0 by voice vote. PRESIDING OFFICER'S REPORT Opening Day on Upper Sims was exciting with Councilors present. Mr. Randels concurred that pedestrian usage is up. Ms. Sandoval asked Mr. Timmons to talk about plans at Pope Marine. CITY MANAGER'S REPORT Mr. Timmons reviewed/highlighted the following: Two initiatives to be discussed by Finance and Budget. are the privatization of liquor sales and excise tax. He and Chief Daily are committed to supporting a school resource officer. Officer Nate Holmes has been nominated for the Peak leadership program. He suggested Council use the O&A prepared information on Fire Protection tax levy. Chetzemoka banners are being installed. There is a possibility of coordinating the dedication of the Salish ferry dedication with the Salish sea circle sculpture installation. Plans underway for Pope Marine Park include widening the sidewalk along the property, steps down into park, new playground equipment, and revegetating the park. The park area would connect to the old Cotton Building area. The Tidal Clock demolition is delayed until permitting is complete. The art piece would be located directly across from City Hall and there would be new flag placements. Five fuel tanks were buried that involved clean up and mediation.. The goal is to have much of the work complete by the Wooden Boat Festival or at least the work exposed to pedestrians. The new Cotton Building Visitor Plaza would be large enough to host City Council Special Business Meeting Page 10 of 11 events up to 100 people. The $258,000 Hastings Avenue sidewalk grant application was approved and the project would include bicycle climbing lanes. Ms. Robinson asked when traffic signage on Upper Sims would be added. Mr. Ciow said staff continues to work on that with subcontractors. Additional signage will be needed at Cliff Street. Mr. Timmons said the Way Finding project will be underway shortly and should also help address the clutter of regulatory signs. SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING ANDIOR STUDY SESSION COMMENTS FROM COUNCIL Ms. Sandoval met the interim school superintendent. EXECUTIVE SESSION ADJOURN Attest: o n.rvpo~ ~ o~+~IJ..A.p ~ ~~V( ~mela Kolacy, MMC J City Clerk City Council Special Business Meeting Page 11 of 11