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HomeMy WebLinkAbout11161998 PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF NOVEMBER 16, 1998 The City Council of the City of Port Townsend met in regular session this 16th day of November, 1998 at 6:30 p.m. in the Council Chambers of City Hall, Council President Ted Shoulberg presiding. ROLL CALL CouncilmemberS present at Roll Call were Kathryn Jenks, Ted Shoulberg, Ian Keith, Forrest Rambo, Joe Finnie, Peter Badame and Mark Welch. Staff members present were City Clerk Pam Kolacy, City Attorney Timothy McMahan, and Public Works Director Bob Wheeler, INTRODUCTIONS and/or RECOGNITIONS None PRIORITY PRESENTATION Michael Horton, Washington State Department of Transportation, Southwest Regional Coordinator for Transaid, presented an award for the San Juan Avenue Improvements Project. AGENDA CHANGES OR ADDITIONS Mr. Keith requested that the Ordinance adopting Property Tax Levies be pulled from this agenda and considered at a meeting to be held Monday, November 23, as proposed in the budget schedule. Mr. Keith requested that a supplemental budget ordinance appropriating $15,000 to Centrum be considered for the first reading this evening, as recommended by the Finance Committee. CONSENT AGENDA Councilmember Rambo requested that Item C (confirmation of Len Mandelbaum to the Planning Commission) be moved to Item C under new business and that Item D (Resolution Authorizing Change Order #13 to Union Wharf) be moved to Item D under new business. Mr. Shoulberg requested a resolution introduced this evening regarding a professional services agreement with Eric Toews be added to the Consent Agenda as Item C. Mr. Welch then moved for approval of the Consent Agenda as amended. Mr. Keith seconded. The motion carried unanimously by voice vote 7-0. The following items on the Consent Agenda were approved: City Council Meeting Page 1 November 16, 1998 Approval of the following Bills and Claims: The following vouchers/warrants are approved for payment: Voucher/Warrant numbers 65441 through 65585 in the amount of $222,752.99. Approval Without Reading of Minutes from: Regular session of November 2, 1998 Workshop session of November 4, 1998 Confirmation of Appointments: Confirmation of the Appointment of Len Mandelbaum to the Planning Commission. [Moved to Item C under New Business] Approval of Resolutions: RESOLUTION NO. 98-114 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER #13 FOR AN AMOUNT OF $7,753.00 TO THE UNION WHARF RECONSTRUCTION PROJECT CONTRACT WITH HURLEN CONSTRUCTION. [Moved to Item D under new business] RESOLUTION NO. 98- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH ERIC TOEWS AND ASSOCIATES, TO PROVIDE LAND USE PLANNING SERVICES ON AN INTERIM BASIS. Communications (See separate lisO PUBLIC COMMENTS None STANDING/AD HOC COMMITTEE REPORTS There were no action items coming forward from council committee reports. MAYOR' S REPORT There was no mayor's report. STAFF REPORTS Written reports included in council communications City Council Meeting Page 2 November 16, 1998 PUBLIC COMMENTS/QUESTIONS Carol Shiffman, Director of Centrum. Thanked LTAC for recommending NDEA challenge grant match (under New Business) Barbara Blowers: representing PUD; noted that negotiations with the City are ongoing, with possible purchase of the property still being considered. She stated that postponing consideration of the PUD Comp Plan Amendment request would be until December 7, would be acceptable. VOTE ON MOTIONS MADE DURING COMMITTEE/STAFF REPORTS There were no motions coming forward from Committee or Staff repons. There were no public hearings. PUBLIC HEARING UNFINISHED BUSINESS 1. Minor Comprehensive Plan Amendments Mr. Finnie moved to approve Planning Commission's recommendations to amend a table in the Land Use element on page IV-14 of the Comprehensive Plan, changing the height limit in the MIl(A) designation from 35 feet to 50 feet. Mr. Keith seconded. The motion carded unanimously by voice vote 7-0. Mr. Finnie moved to approve Planning Commission's recommendation to amend Land Use Policy 9.9 to clarify that the restriction of uses to those that are water-oriented uses is limited to land within the Shorelines Master Program. Mr. Keith seconded. The motion carried by voice vote 7-0. Mr. Finnie moved to approve the proposals to amend the Transportation Element to support increased ferry service to Port Townsend to capture new ideas that were overlooked in the 1996 Plan - this includes Seattle to Port Townsend passenger ferry, transit connection to passenger ferry, and Seattle ferry. Mr. Rambo seconded. The motion carried by voice vote 7-0. Mr. Finnie moved to approve Planning Commission's recommendation to recognize the interjurisdictional role of the Port of Port Townsend and Jefferson Transit in air and water transportation. Mr. Rambo seconded. The motion carried by voice vote 7-0. City Council Meeting Page 3 November 16, 1998 Mr. Finnie moved to approve Planning Commission's recommendation to amend the Comprehensive Plan to include the topic of the listing of species under the Endangered Species Act. Mr. Keith seconded. Mr. Keith also proposed a friendly amendment to change the Planning Commission's finding (a.) to read pending rather than intended listing of endangered fish species ..... The maker agreed. The amended motion passed unanimously by voice vote 7-0. Mr. Finnie moved to approve Planning Commission's recommendation to amend the Capital Facilities and Utilities Element to delete the Plan's policies on the establishment of a Street Utility Fund. Mr. Rambo seconded. The motion carried unanimously by voice vote, 7-0. Ms. Jenks moved to approve Planning Commission's recommendation to amend the Economic Development Element of the Comprehensive Plan by adding language supportive of the development of the Northwest Maritime Center. Mr. Keith seconded. The motion carded unanimously by voice vote 7-0. 2. Major Policy Amendments, Requiring Amendments to Both the Plan and the Zoning Code. Ms. Jenks proposed considerations of the Speser, Arthur, Fischer/Dom requests (b, c, and d) together considering that they address similar issues concerning location of small businesses. She noted that the requests might be better addressed through a change to the Home Occupation code, by adding a subsection (c) of Policy 7.14 which would allow a conditional use process for home occupations which don't meet current code criteria for outright approval. Eric Toews, Contract planner, noted that amalgamation into one proposal under 17.56 PTMC would be within the range of discretion allowed to the City Council. Mr. McMahan cautioned that crafting language and fashion criteria at this time would be a lengthy process. He suggested that it may be easier to handle this as a zoning code amendment after the Comprehensive Plan amendment process is complete. Council members came to consensus to deal with amendments on the agenda and discuss adding language to the policy that would allow for Conditional Use Permits for certain home occupations.. a. La Vigne Request - removed to last of these requests. Moved to consideration later. b. Speser Request Mr. Keith moved to affirm the Planning Commission's recommendation for denial of the Speser proposal to allow small high-technology businesses in residentially zoned areas without requiring a City permit. Mr. Welch seconded. The motion carried unanimously by voice vote, 7-0. City Council Meeting Page 4 November 16, 1998 c. Arthur Request Mr. Keith moved to affirm the Planning Commission's recommendation for denial of the Arthur request to allow businesses in R-III (Multiple Family) areas subject to a conditional use permit. Mr. Finnie seconded. Several council members spoke to the merits of the particular application and expressed the hope that most of the issues could be addressed by changing the Home Occupation Code to approve requests on a case by case basis. The motion carried unanimously by voice vote 7-0. d. Fischer/Dom Request Ms. Jenks moved to affirm Planning Commission denial of the Fischer/Dorn request to amend Land Use Policy 7.14 by adding a subsection (d) to include "a limited amount of small scale businesses of a character in keeping with the neighborhood and with activity levels not adversely impacting the surrounding neighborhood." Mr. Rambo seconded. Mr. Keith noted that the late night aspect would be particularly disruptive in many residential areas. The motion carried unanimously 7-0. Ms. Jenks then moved to amend Policy 7.14 of the Comprehensive Plan to amend subsection © to add language that will reflect the council's desire to allow for development of a conditional use process which will add another tier to the home occupation code for more intensive uses. Mr. Rambo seconded. Mr. Finnie suggested that the Land Use Committee be tasked to initiate action on this change. The motion carried unanimously by voice vote 7-0. e. Greenway Request Ms. Jenks moved to approve the Planning Commission's recommendation to approve the Greenway request to create an agricultural use designation in the Land Use Element and Zoning Code. Mr. Badame seconded. Discussion items included specific uses which are allowed outright and with conditional use; clarification that conditional use permits are required for several uses; and effect of consequent tax abatement for agricultural use. The motion carried unanimously by voice vote, 7-0. City Council Meeting Page 5 November 16, 1998 Mr. Welch moved to continue the action on the proposed PUD amendment to the December 7, 1998. Mr. Keith seconded. Mr. McMahan noted the delay would have nothing to do with the merit or lack of merit of the proposal; the delay is solely to allow the city to explore opportunities with the Public Utility District. The motion carried 6-1, with Mr. Rambo opposed. e. LaVigne Proposal Ms. Jenks moved to accept the Planning Commission's recommendation to adopt Planning Commission's recommendation of"Option B" which would eliminate the requirement that housing be included in all future development within the CII/MU zone, allow a small non- residential floor area with an incentive to provide housing by allowing a greater non-commercial floor area bonus when housing is provided, and expand the list of non-residential uses in of the CI/IMU zone. Mr. Keith seconded. Mr. Keith then proposed a friendly amendment to change the allowed floor area ratio from .2 to .25. Ms. Jenks accepted the amendment. Lengthy discussion followed regarding other types of incentives that could be provided to encourage residential use, effects of the various floor area ratios, merits of allowing residential use rather than requiring it, effects of existing nonconforming uses in CII/MU zone, and the wisdom of requiring two- story construction. It was noted that the Planning Commission recommendation of Option B was divided with 3 in favor and 2 opposed, with a strong minority position. The pros and cons of mixed use zones in the city in general were also discussed, as well as what types of incentives would be attractive to downtown business owners; whether mixed use itself should be an option or a requirement. Mr. Finnie proposed a friendly amendment to raise the floor area ratio from .25 to .30. The maker of the main motion did not accept the amendment. Mr. Welch then seconded. The motion was defeated 2-5, with Mr. Finnie and Mr. Welch in favor. Discussion continued regarding whether residential uses in the mixed use zones were considered home occupations, advisability of allowing more or less flexibility in mixed use zones, discussion of the other mixed areas, and the advisability of discussing changes that may be related but have not been specifically brought forward through the Comprehensive Plan Amendment process. Vote on the main motion to accept Option B with floor ratio increased from .2 to .25. Motion carried 4-3 by voice vote, with Rambo, Badame, and Welch opposed. RECESS The meeting was recessed at 9:35 p.m. and reconvened at 9:48 p.m. City Council Meeting Page 6 November 16, 1998 Mr. Finnie moved to reconsider the vote and accept Planning Commission's Alternative A which eliminates mandatory housing component, frontage requirement, etc. Mr. Welch seconded. The motion was defeated 4-3 with Jenks, Badame, Shoulberg, and Keith opposed. SITE SPECIFIC REZONE APPLICATIONS Harper Proposal (LUP 98-07) Mr. Keith moved for approval of the Harper Proposal (LUP98-07) that the property at 2611 Sims Way be rezoned from M-II(A) (Marine-Related Manufacturing) to C-II (General Commercial) requiring amendments to both the Comprehensive Plan land use map and the Zoning Map adopted under PTMC17.12.030. Mr. Rambo seconded. The motion carried unanimously by voice vote 7-0. Evans Proposal (LUP 98-16) Mr. Keith moved for approval of the Evans Proposal (LUP 98-16) to amend the text of the Land Use Element Policy 8.11, changing the description of the location and extent of the open space buffer lying adjacent and to the south of Sims Way and west of Howard Street; and to change the land use designations and zoning applying to a four acre portion of the property, located south of Sims Way and west of the unopened right-of-way of Howard Street be changed from M-C (Mixed Commercial and Light Manufacturing) and P/OS (Existing Park and Open Space) to C-II (General Commercial). Mr. Welch seconded. The motion carried unanimously by voice vote, 7-0. PUD #1 Proposal (LUP98-30) [Consideration postponed until December 7 meeting] Baldridge Group Proposal (LUP98-31) Ms. Jenks moved to accept the Planning Commission recommendation to deny the Baldridge Group Proposal (LUP98-31) to rezone the "Key City Lanes" property located at 414 Kearney Street from CII/MU (Community-Serving Mixed Use Center) to CII (General Commercial). Mr. Shoulberg seconded. There was considerable discussion, regarding issues which included: * strong minority position of the Planning Commission, stating that CII/MU zoning was not an organizing principle of the Comprehensive Plan; * the particular suitability of this site to CII zoning due to its visibility and location on a busy street; * restrictions on the bulk and dimensional requirements of the CII/MU zone; City Council Meeting Page 7 November 16, 1998 * availability of current building which could be "grandfathered" for commercial use; * merit of changing zoning designation in response to a specific commercial proposal; * transitional value of the site to the downtown historic area; * longstanding commercial use of the site; * lack of design criteria and standards for CII/MU zones; * possibility of"rebound" effect up Keamey Street (not likely CII zoning will be continued up the street); * effect on preservation of historic nature of Port Townsend; possible effect on vacancies occurring in downtown buildings. The motion failed 2-5 with Ms. Jenks and Mr. Shoulberg in favor. Mr. Keith then moved for approval of the Baldridge Group proposal (LUP 98-31). Mr. Rambo seconded. The motion carried 5-2, with Ms. Jenks and Mr. Shoulberg opposed. NEW BUSINESS ORDINANCE 2668 FIXING AND ADOPTING 1999 PROPERTY TAX LEVIES. [Deliberation and action delayed until Monday, November 23 at 6:30 p.m., according to published 1999 Budget calendar.[ RESOLUTION 98-107 OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ABANDONING THE CITY OF PORT TOWNSEND'S FEBRUARY 20, 1956 DOSEWALLOPS SURFACE WATER APPLICATION, NO. 13765. Mr. Keith moved for adoption of Resolution 98-107. Mr. Badame seconded. The motion carried 6-1, with Ms. Jenks opposed. CONFIRMATION OF LEN MANDELBAUM TO THE PLANNING COMMISSION Mr. Rambo raised the question of whether or not appointments were approved by the chair of the commission as well as the mayor.. Mr. Shoulberg noted that although it may be a courtesy for the Mayor to consult with the commission chair, the proposal of the appointment is the prerogative of the mayor and this step cannot be required. Mr. Badame suggested that the whole process of appointments to committees be taken up by the Government Operations Committee. Mr. Rambo then moved for confirmation of Len Mandelbaum to the Planning Commission. Mr. Keith seconded. The motion carried unanimously by voice vote, 7-0. RESOLUTION 98-108 OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER #13 FOR AN AMOUNT OF $7,753.00 TO THE UNION WHARF RECONSTRUCTION PROJECT CONTRACT WITH HURLEN CONSTRUCTION City Council Meeting Page 8 November 16, 1998 Mr. Rambo moved for approval of ReSolution 98-108. Mr. Keith seconded. The motion carried unanimously by voice vote 7-0. ORDINANCE 2668 APPROPRiATING THE SUM OF $15,000 TO THE HOTEL/MOTEL FUND; AND AMENDING THE 1998 BUDGET; MAKING FINDINGS AND DECLARING AN EMERGENCY. The Ordinance was introduced and read by title by Ms. Kolacy. Public hearing and action to be taken at the meeting of December 7, 1998. PUBLIC COMMENTS There were no public comments. COUNCILMEMBERS' GENERAL DISCUSSION Brief discussion of future role of Government Operations Committee regarding council rules and procedures; relationship between Planning Commission and City Council. EXECUTIVE SESSION The meeting was adjourned to executive session on the subject of potential litigation - estimated to take about five minutes and no action anticipated. Mr. McMahan was the staff member present. ADJOURN The meeting reconvened at 11:24. No action was taken. The meeting was then adjourned at 11:25 p.m. Pamela Kolacy [Communications from consent agenda listed on following pages] City Council Meeting Page 9 November 16, 1998 Date Author Topic Disposition 11-03-98 Jefferson County Solid Waste Disposal District. Copied to Utility Board of Committee Commissioners 11-03-98 Habitat for Thank you to Council for unanimous support of Humanity deferment of SDCs for low-income housing. 11-05-98 Bob LaCroix Letter to water customers affected by CT Pipeline. 11-09-98 Laurette Gilbert Would like Council to consider purchasing the PUD and any other land(s) that is currently being utilized as park land at the Kah Tai Lagoon. 11-10-98 Michael Hildt Letter of resignation. Copied to Council 10-26-98 John Glover Comments on proposed Comprehensive Plan amendments. 10-30-98 Bev Dodd Comments on proposed Comprehensive Plan amendments. 11-01-98 Char Flum Comments on proposed Comprehensive Plan amendments. 11-02-98 Denny LaVigne Comments on proposed Comprehensive Plan amendments. 11-02-98 Steve Hayden Comments on proposed Comprehensive Plan amendments. 11-02-98 Sandra J. Stowell Comments on proposed Comprehensive Plan amendments. 11-02-98 Helen Kolff Comments on proposed Comprehensive Plan amendments. 11-02-98 Bernie & Comments on proposed Comprehensive Plan Germaine Arthur amendments. 11-05-98 Nora Regan Comments on proposed Comprehensive Plan amendments. 11-06-98 Pam Larsen Comments on proposed Comprehensive Plan amendments. 11-06-98 Ruth Short Comments on proposed Comprehensive Plan amendments. 11-06-98 Rolande & Mary Comments on proposed Comprehensive Plan Dalos amendments. 11-09-98 Robert McKenna Comments on proposed Comprehensive Plan amendments. 11-09-98 Denny LaVigne & Comments on proposed Comprehensive Plan City Council Meeting Page 10 November 16, 1998 11-10-98 Joseph Pipia Comments on proposed Comprehensive Plan amendments. 11-10-98 Craig Berman Rite Comments on proposed Comprehensive Plan Aid Corp. amendments. 11-10-98 Scott G. Walker Comments on proposed Comprehensive Plan amendments. 11-10-98 Donald H. Comments on proposed Comprehensive Plan Hoglund amendments. K. Jenks Land Use Committee report Staff Public Works Reports City Attorney City Council Meeting Page 11 November 16, 1998