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HomeMy WebLinkAbout06211999PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF JUNE 21, 1999 The City Council of the City of Port Townsend met in regular session this twenty-first day of June, 1999, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Forrest Rambo presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Joe Finnie, Allen Frank, Vern Garrison, Sydney Lipton, Geoff Masci, Forrest Rambo and Alan Youse. Staff members present were City Manager David Timmons, City Attorney Tim McMahan, City Clerk Pam Kolacy, Building & Community Director Bob Leedy, Public Works Director Bob Wheeler, Acting Police Chief Kristen Anderson, Planner Jeff Randall, Planner Judy Surber, and Finance Director Michael Legarsky. OATH OF OFFICE District Court Judge Mark Huth administered the oath of office to new City Manager David Timmons. CORRESPONDENCE NOT PREVIOUSLY RECEIVED BY COUNCIL Nancy Dorgan, m-zone of Keamey Street. Rick Nelson, building permits. David Timmons' response to Rick Nelson. COMMITTEE AND BOARD AND LIAISON REPORTS Mr. Masci reported on Transit Authority Board, Board of Health, and commissioning the Coast Guard ship "Osprey". Mr. Youse reported on Water Resources Committee. Mr. Rambo reported on Transit Authority Board. PRESIDING OFFICER'S REPORT Mr. Rambo reported on the June 14, 1999 Council Study Session and the upcoming July 11, 1999 Peace Crane Project. City Council Minutes Page 1 June 21, 1999 CITY MANAGER'S REPORT Mr. David Timmons, City Manager, reported on his first day of getting oriented to the City of Port Townsend. Mr. Bob Wheeler, Public Works Director, reported on a temporary pool closure and the notification that Superior Refuse may have been sold to Murray Disposal. PUBLIC HEARING RESOLUTION 99-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND APPROVING THE 2000 - 2005 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM AND AUTHORIZING THE CITY MANAGER TO SUBMIT THIS TO THE STATE. Mr. Lipton directed staff to recalculate the dollar values contained in the 6-year spreadsheet. Mr. Wheeler made a presentation on the "third touch" of the Transportation Improvement Plan and the specific projects on the list, Mr. Finnie directed staff to have the administration put more effort into receiving maximum Federal and State grant monies. Mayor Rambo then opened the hearing for public testimony. Speaking in favor: Dana Roberts, endorsed the City's inclusion of all transportation elements, including the non-motorized element. Speaking in opposition: None. Speaking neither in favor nor opposition: None. Mr. Masci moved for approval of Resolution 99'-034. Mr. Finnie seconded. Ms. Kolacy read the resolution by title. The motion carried unanimously, 7-0, by voice vote. COMPREHENSIVE PLAN AMENDMENT DOCKET Mr. Garrison recused himself from the Comprehensive Plan Amendment Docket Public Hearing due to his financial interest in the proceedings. He then left the Chambers. Mr. Leedy made a presentation on the Comprehensive Plan Amendment Docket and noted that he, Senior Planner Judy Surber, Planning Commissioner Nik Worden, and consultant Eric Toews were present and available for questions. City Council Minutes Page 2 June 21, 1999 Mr. Masci moved to split the question. Mr. Frank seconded. The motion carried unanimously, 6-0, by voice vote. Mayor Rambo referred to the Planning Commission's Transmittal, dated June 10, 1999 and suggested that public testimony be taken on each separate recommendation. Due to the number of people interested in the Keamey Street Rezone (Item 5), Council agreed to address it first. Mayor Rambo read into the record Section 5c of the Planning Commission's Transmittal as follows: "Planning Commission's Recommendation: Planning Commission departed from staff's recommendation and voted to recommend inclusion of this item on the docket. An urgent need to consider the zoning of this property exists. Development such as the recent construction of the Puget Sound Energy Substation at Kearney and Clay Streets and impending commercial development on the Key City Lanes property erodes the CII-MU district along Kearney Street and threatens its viability. Recent amendments to the CII-MU zoning district represent a change in circumstances from that which existed when the property obtained its current CII zoning. During the 1998 Comprehensive Plan Amendment process, Council adopted new, more flexible standards for the CII-MU district specifically creating an incentive for mixed use rather than a requirement. The 1998 amendment was intended to promote landowner support of the CII-MU zoning district. A substantial segment of the community has expressed support of the original CII-MU zoning. The applicant contends that the assumptions of the original mixed use zoning of the site are still valid Planning Commission concurs." Mayor Rambo then read into the record the Discussion and Recommendation Sections of the Staff Report as follows: "Discussion. Staff concurs with the findings, conclusions and recommendation of the Commission on all but one of the submittals brought forth for consideration. That exception is one of extreme importance. The Key City Lanes property shouM not be docketed for further consideration. The reasoning, and the legal implications are well established in the memorandum to City Council from the City Attorney in his memorandum distributed to Council at the dune 14 Study Session. Given the fact that the rezone occurred so recently and the rezone proponents have not advanced any reasonable argument that there is a 'need', 'urgency' or 'appropriateness 'for addition of this site-specific request to the docket, Council should find that suggested amendment has no merit and should not be given further consideration. Recommendation. It is the recommendation of staff that City Council concur with the Findings, Conclusions and Recommendation of the Planning Commission regarding the 1999 amendments to the Comprehensive Plan, with the exception that site specific amendment to the C-II General Commercial property known as the Key City Lanes not be considered for docketing." City Council Minutes Page 3 June 21, 1999 Mayor Rambo opened the public hearing beginning with Item 5 of the Planning Commission's Transmittal dated June 10, 1999: "Rezone the 'Key City Lanes' Property from C-II, General Commercial to C-IX/MU, Community-Serving Mixed Use Center" for testimony. Speaking in favor: Freida Fenn, representing the Rite is Wrong group, read portions of Attorney Mark Beaufait's letter to the Planning Commission. Nancy Dorgan, representing the Rite is Wrong group. Phil Dinsmore, representing the Rite is Wrong group. Kimberly Augustine, read letter written by Margaret into the record. Todd McGuire. Michele Sandoval. David Walker. Kelly Janes, read letter into the record. Jeff Kelety, read excerpts of letter into the record. Joe Pipia. Speaking in opposition: Bernie Arthur. Denny LaVigne, read letter with two exhibits into the record. Ruth Short, read letter into the record. Speaking neither in favor nor opposition: Elizabeth Macy, disagrees with Council hearing requests to individually rezone other peoples property. Jeannie Chao, property as possible police statiOn location. Lyn Hersey, commercial design standards. Mr. Frank, read letter from David Thielk into the record. After Council comment and questions, Mr. Masci moved to reject the Planning Commission's recommendation to include Item 5 of the Planning Commission's Transmittal dated June 10, 1999 "Rezone the 'Key City Lanes' Property from C-II, General Commercial to C-II/MU, Community-Serving Mixed Use Center" on the final docket for further consideration. Mr. Youse seconded. The motion carried unanimously, 6-0, by voice vote. Mr. Finnie moved to accept the Planning Commission's recommendation to include Item 6 of the Planning Commission's Transmittal dated June 10, 1999 "Revise Table 17.18.030 PTMC to Place Square Footage Limits on Individual Leasable Spaces, Rather than Individual Commercial Uses within the C-I/MU, Neighborhood-Serving Mixed Use Center Zoning District" on the final docket for further consideration. Mr. Frank seconded. Mayor Rambo then asked for public testimony on this proposal. City Council Minutes Page 4 June 21, 1999 Speaking in favor: Dana Roberts, of Items 5, 6, 7, 8 & 9. Speaking in opposition: None. Speaking neither in favor nor in opposition: None. After Council discussion, the motion carried unanimously, 6-0, by voice vote. Mr. Masci moved to accept the Planning Commission's recommendation to include Item 7 of the Planning Commission's Transmittal dated June 10, 1999 "Revise Policy 10.5 of the Land Use Element and Table 17.18.030 PTMC to Make the Mixture of Commercial and Residential Uses within the C-I/MU, Neighborhood-Serving Mixed Use Center Zoning District, Permissive, Rather than Mandatory" on the final docket for further consideration. Mr. Youse seconded. No public testimony. The motion carried unanimously 5-0, by voice vote (Mr. Finnie was not present for the vote). Mr. Masci moved to accept the Planning Commission's recommendation to include Item 8 of the Planning Commission' s Transmittal dated June 10, 1999 "Revise Table 17.18.030 PTMC to eliminate Minimum Building Frontage Requirements and Instead Establish Maximum Building Frontage Limitations within the C-I/MU, Neighborhood-Serving Mixed Use Center Zoning District" on the final docket for further consideration. Mr. Youse seconded. No public testimony. The motion carried unanimously 5-0, by voice vote (Mr. Finnie was not present for the vote). Mr. Masci moved to accept the Planning Commission's recommendation to include Item 9 of the Planning Commission's Transmittal dated June 10, 1999 "Revise Table 17.18.030 PTMC to Reduce the Maximum Allowable Commercial Floor Space in Any Single Structure within the C- I/MC, Neighborhood-Serving Mixed Use Center Zoning District" on the final docket for further consideration. Mr. Youse seconded. No public testimony. The motion carded unanimously, 5-0, by voice vote (Mr. Finnie was not present for the vote). Mr. Masci moved to accept the Planning Commission's recommendation to include Item 13 of the Planning Commission's Transmittal dated June 10, 1999 "Revise the Northerly Boundary of the Downtown C-III Historic Commercial Zoning District" on the final docket for further consideration. Mr. Youse seconded. City Council Minutes Page 5 dune 21, 1999 No public testimony. The motion carried unanimously, 6-0, by voice vote. Mr. Masci moved to accept the Planning Commission's recommendation to include Item 14 of the Planning Commission's Transmittal dated June 10, 1999 "Revise the Description of the R-III, Medium Density Multi-Family Land Use Designation of the Land Use Element of the Plan, and Table 17.16.030 PTMC to Link Allowable Densities to the Number of Bedrooms within Dwelling Units" on the final docket for further consideration. Mr. Youse seconded. No public testimony. The motion carried unanimously, 6-0, by voice vote. Mr Masci moved to accept the Planning Commission's recommendation to include Item 15 of the Planning Commission's Transmittal dated June 10, 1999 "Revise Table IV-2 of the Land Use Element to Reflect Land Use/Zoning Changes" on the final docket for further consideration. Mr. Youse seconded. Speaking in favor: Margaret Lee, in favor of docketing the item. Speaking in opposition: None. Speaking neither in favor nor in opposition: None. The motion carded unanimously, 6-0, by voice vote. Mr. Masci moved to accept the Planning Commission's recommendation to include Item 16 of the Planning Commission's Transmittal dated June 10, 1999 "Amend Policy 18.1 of the Capital Facilities & Utilities Element" on the final docket for fiarther consideration. Mr. Youse seconded. No public testimony. The motion carried unanimously, 6-0, by voice vote. Mr. Masci moved to accept the Planning Commission's recommendation to include Item 17 of the Planning Commission's Transmittal dated June 10, 1999 "Rezone Property North of the Business Park from R-III to R-II" on the final docket for further consideration. Mr. Youse seconded. No public testimony. City Council Minutes Page 6 dune 21, 1999 The motion carried unanimously, 6-0, by voice vote. Mr. Masci moved to accept the Planning Commission's recommendation to include Item 18 of the Planning Commission's Transmittal dated June 10, 1999 "Rezone Private Inholdings South of Mountain View Elementary from P-1 to an Appropriate Residential Designation" on the final docket for further consideration. Mr. Youse seconded. No public testimony. The motion carried unanimously, 6-0, by voice vote. Mr. Masci moved to reject the Planning Commission's recommendation against including Item 12 of the Planning Commission's Transmittal dated June 10, 1999 "Revise the Description of the C-II, General Commercial Land Use Designation of the Land Use Element of the Plan, and Table 17.20.020 PTMC to Allow Upper Story Residential Use of Structures with the C-II Zoning District" on the final docket for further consideration. Mr. Youse seconded. Speaking in favor: Margaret Lee Nancy Dorgan Dana Roberts Speaking in opposition: None. Speaking neither in favor nor in opposition: None. The motion carried unanimously, 6-0, by voice vote. Mr. Masci moved to accept the Planning Commission's recommendation against including Item 1 of the Planning Commission's Transmittal dated June 10, 1999 "Delete the Seismic Hazard Element of the Plan", Item 2 "Revise Policy 3.4 of the Land Use Element of the Plan", Item 3 "Eliminate the Infrastructure Tiering Concept from the Plan", Item 4 "Designate the Franklin Street Right-of-Way from Keamey Street to Scott Street as a Right-of-Way to Remain Unopened/Preserved", Item 10 "Revise Table 17.72.080 PTMC to Create a Universal Parking Requirement of all Uses within the C-I/MU, Neighborhood-Serving Mixed Use Center Zoning District" and Item 11 "Revise 17.72.190(d)(1)(a) PTMC to Delete Reference to "Planting Strips" and Include Appropriate Replacement Language" on the final docket for further consideration. Mr. Lipton seconded. No public testimony. The motion carried unanimously, 6-0, by voice vote. Mr. Garrison rejoined the meeting. City Council Minutes Page 7 dune 21, 1999 COMMENTS FROM THE PUBLIC (regarding items not on the agenda) Robert Lee, regarding Safe Night USA. Rick Nelson, regarding building permits. Terry Foster, regarding building permits. Mr. Masci, read Mr. Timmons' response to Rick Nelson's letter into the record. Lyn Hersey, regarding bidding process. Richard Staph, regarding permitting process. CONSENT AGENDA Mr. Masci moved for approval of the following items on the Consem Agenda. Mr. Frank seconded. The motion carried unanimously, 7-0, by voice vote. Approval of Bills, Claims, and Warrants: Vouchers 68106 through 68193 in the amount of $157,583.73 and Vouchers 68194 through 68273 in the amount of $63,638.85. Approval of minutes, without reading, from the regular meeting of June 7, 1999 and the study session meeting of June 14, 1999. Resolution 99-035, a Resolution of the City Council of the City of Port Townsend Authorizing the Acquisition of Computer Software for Utility Billing and Financial Management Systems and Software License and Maintenance Agreements. Addendum to P.E.G Access Coordinator Agreement Between the City and Consultant William T. Moffat Executed on June 22, 1998. Addendum to P.E.G Access Coordinator Agreement Between the City and Consultant J. Gary Lemons Executed on June 22, 1998. UNFINISHED BUSINESS Mayor Rambo moved forward agenda Item 1 lc, the Port Townsend Swim Team contract, to 1 la. Mr. Masci moved to accept the Swim Team contract and to authorize the Mayor to sign the contract. Mr. Frank seconded. Public Comment: Yvonne Starkey, representing Port Townsend Swim Team, in favor of contract. The motion carried unanimously, 7-0, by voice vote. City Council Minutes Page 8 dune 21, 1999 ORDINANCE 2700 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING CHAPTER 9.20, "MOBILE HOMES," OF THE PORT TOWNSEND MUNICIPAL CODE (PTMC); ADOPTING AMENDMENTS TO VARIOUS SECTIONS AND TABLES CONTAINED IN TITLE 17, "ZONING," OF THE PORT TOWNSEND MUNICIPAL CODE (PTMC); DIRECTING THE CITY CLERK TO CODIFY THE AMENDMENTS TO TITLE 17 PTMC SET FORTH IN THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE; ALL IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF SECTION 20.04.090 PTMC, "LAND USE CODE TEXT REVISIONS," AND THE GROWTH MANAGEMENT ACT OF 1990, AS AMENDED (CHAPTER 35.70A RCW). Mr. Toews introduced the ordinance. Mr. Masci moved to accept the 2nd reading and consider it the 3rd reading by title only, and moved for adoption of Ordinance 2700. Mr. Garrison seconded. Ms. Kolacy read the ordinance by title. The motion carried unanimously, 7-0, by roll call vote. COUNCILMANIC BOND Mr. Masci moved to authorize the City Manager to seek bond counsel advice and begin negotiations with a bond underwriter to seek proposals for final City Council authorization to issue Councilmanic bonds totaling $660,000 net proceeds. Mr. Garrison seconded. After Council discussion, the motion carried unanimously, 7-0, by voice vote. NEW BUSINESS ORDINANCE 2702 AN ORDINANCE OF THE CITY OF PORT TOWNSEND CREATING A NEW SECTION 3.36070, STREET VENDOR APPLICATION AND LICENSE FEES, CHAPTER 3.36, PERMIT, APPLICATION AND APPEAL FEES, TO REINSTATE FEES THAT WERE INADVERTENTLY DELETED FORM SUBSECTIONS 5.32.050B AND 5.32.070K OF THE PORT TOWNSEND MUNICIPAL CODE Ms. Kolacy read the ordinance by title. Mr. Finnie moved to suspend the procedural rules and to "have the 1 st reading be considered the 2nd, and the 3rd by title only". Mr. Lipton seconded. The motion carried, 7-0, by voice vote. Ms. Kolacy read the ordinance by title again. Mr. Finnie moved for adoption of Ordinance 2702. Mr. Lipton seconded. The motion carried unanimously, 7-0, by roll call vote. City Council Minutes Page 9 June 21, 1999 ORDINANCE 2703 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PORT TOWNSEND MUNICIPAL CODE SECTION 19.04.280, CLARIFYING THE PROCESS FOR APPEALING THRESHOLD DETERMINATIONS OF "TYPE V" LEGISLATIVE ACTIONS; AND CLARIFYING THAT DECISIONS ON APPEALS OF "TYPE V" ACTIONS ARE FINAL AND THAT FURTHER APPEALS MAY ONLY BE TAKEN JUDICIALLY OR IN THE CASE OF "TYPE V" ACTIONS ADOPTION OR AMENDD4G THE PORT TOWNSEND COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS, SUCH APPEALS SHALL BE FILED WITH THE GROWTH MANAGEMENT HEARINGS BOARD. Ms. Kolacy read the ordinance by title. Mr. Masci asked staff to clarify where to find the definition of Type V. Mr McMahan referred him to 20.01.040 PTMC. Mr. Masci then moved to accept the first reading of Ordinance 2703. Mr. Lipton seconded. The motion carried unanimously, 7-0, by voice vote. OTHER ITEMS Mr. McMahan noted that because the Council had not accepted all of Planning Commission's final Comprehensive Plan docket changes, the two items with which they disagreed would be subject of a public hearing. The City Clerk was directed to publish notices that tonight's public hearing would be continued to the July 6 meeting. The continued public hearing will be open to comments on the Item 5 "Rezone the 'Key City Lanes' Property from C-II, General Commercial to C-II/MU, Community-Serving Mixed Use Center" and Item 12 "Revise the Description of the C-II, General Commercial Land Use Designation of the Land Use Element of the Plan, and Table 17.20.020 PTMC to Allow Upper Story Residential Use of Structures with the C-II Zoning District", and limited to those who have not previously provided testimony on these items. EXECUTIVE SESSION None. ADJOURNMENT The meeting was adjourned at 10:44 p.m. Slayton, Confidential Receptionist / Clerical Assistant Attest: pamela Kolacy, City Clerk City Council Minutes Page 10 dune 21, 1999