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HomeMy WebLinkAbout05172004CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF MAY 17, 2004 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this seventeenth day of May, 2004, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Catharine Robinson presiding. ROLL CALL Council members present at roll call were Frank Benskin, Frieda Fenn, Geoff Masci, Laurie Medlicott, Catharine Robinson, and Michelle Sandoval. Kees Kolff arrived later. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, BCD Director Jeff Randall, Planner John McDonagh, and City Clerk Pam Kolacy. CHANGESTOTHEAGENDA There were no changes to the agenda. COMMENTS FROM THE PUBLIC (consent and non-agenda items) Steve Rodrigues: asked the Council to issue a proclamation in support of state senate action to save the historic ferry Kalakala. Steve Lockwood: representative of the Friends of the Boy Scout House updated the Council on fundraising efforts by the group. Elsa Golts: stated that the Scout House has been designated as one of the ten most endangered buildings in Washington. CONSENT AGENDA Ms. Sandoval asked to remove item (D) Hamilton Heights PUD, Phase II Final Plat Approval to Unfinished Business. Mr. Masci noted a correction on page 9 of the May 3 minutes: General Government Committee members incorrectly listed, replace "Sandoval" with "Kolff." Motion: Ms. Sandoval moved to approve the following items on the Consent Agenda. Mr. Benskin seconded The motion carried unanimously, 6-0, by voice vote. City Council Business Meeting Page 1 May 17, 2004 Approval of Bills, Claims and Warrants Vouchers 89869 through 90026 in the amount of $320,647.88 Vouchers 505041 through 505047 in the amount of $73,041.74 Approval of Minutes for April 26, 2004 and May 3, 2004 Approval of Resolution Resolution 04-021, Authorizing the City Manager to Award and Execute a Construction Contract for the Completion of the Island Vista Pump Lift Station Replacement Project UNFINISHED BUSINESS RESOLUTION 04-022 RESOLUTION OF THE CITY COUNCIL FO THE CITY OF PORT TOWNSEND GRANTING FINAL PLAT APPROVAL FOR PHASE II OF HAMILTON HEIGHTS PLANNED UNIT DEVELOPMENT Planner John McDonagh presented the staff report. Ms. Sandoval asked about the sale of the final phase of the development to Kitsap Housing Authority. She expressed surprise the Council had not been informed and that the City was not more proactive about public process and notification of the adjoining neighborhood. Mr. McDonagh stated that the developers conducted a meeting with the homeowners to inform them of the sale. He stated the transfer of ownership would not trigger any significant changes to the PUD. Ms. Fenn noted that the purchase is a cooperative project between Jefferson County and Kitsap County Housing Authorities. The project was discussed at a meeting of the Affordable Housing Task Force. There was no public comment. Motion: Mr. Masci moved for approval of Resolution 04-022. Mr. Benskin seconded The motion carried unanimously, 6-0, by voice vote. PUBLIC HEARING ORDINANCE 2859 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING CHAPTERS 17.30 PTMC, "WATERFRONT DESIGN GUIDELINES OVERLAY DISTRICT," AND City Council Business Meeting Page 2 May 17, 2004 17.80 PTMC, "DESIGN REVIEW- NATIONAL REGISTER HISTORIC DISTRICT," AND ADOPTING A NEW CHAPTER 17.30 PTMC, "HISTORIC OVERLAY DISTRICT - DESIGN REVIEW"; ESTABLISHING MANDATORY DESIGN REVIEW REQUIREMENTS, INCLUDING: DESIGN STANDARDS APPLICABLE TO ALL AREAS WITHIN THE PORT TOWNSEND HISTORIC OVERLAY DISTRICT, AS WELL AS MORE DETAILED DESIGN STANDARDS APPLICABLE TO SPECIFIC WATERFRONT SUBDISTRICTS WITHIN THE OVERLAY DISTRICT; CLARIFYING THE PROCEDURES FOR HISTORIC PRESERVATION AND DESIGN REVIEW Mayor Robinson opened the public hearing and read the rules of procedure. She asked if any Council member had any interest, financial or property, to disclose in regard to the matter. Ms. Fenn stated that she has a potential financial interest in Pygmy Boats, a business in the downtown historic district; as this is a legislative matter she said she would not recuse herself from the discussion. Mr. Masci objected to Ms. Fenn participating. City Attomey Watts stated that since the issue has come up before, he sought an opinion from Municipal Research Services and that they concurred with him that there is no legal requirement for Ms. Fenn to recuse herself. City Attorney John Watts noted that a Council workshop was held on May 10, 2004. At that time, concerns about the Ordinance were generally divided into three issues: 1) merger of existing Chapters 17.30 and 17.80 of the Port Townsend Municipal Code; 2) Review the process before demolition of historic building is allowed - consider changes; 3) Guidelines for HPC review and Uptown District. Because of the complexities identified in regard to these issues, the staff recommendation is to conduct the public hearing and at the conclusion of the hearing defer action on ordinance adoption and give direction to staff regarding how to deal with the three major matters. Council member Kolff arrived at 7:15 p. m. Mayor Robinson called for public comment. Nancy Dorgan: spoke in support of adoption without the exemption for Point Hudson or other areas governed by a sub-area plan or other planning process approved by the Council (17.30.060 C). She stated this would be a piecemeal destruction of the whole and that the regulations regarding economic feasibility should be the same for everyone. Joshua Bennun: spoke in favor of adoption. Duncan Kellogg: stated he agrees with the principle, but believes the changes place financial burdens on historic business owners. He added the ordinance is devoid of protection for property owners, with no impartial appeal process. He stated that total and City Council Business Meeting Page 3 May 17, 2004 partial demolitions should be treated differently. Mr. Kellogg referred to his written comments, which were submitted to Council. Jim Hagen: supported deferring a decision; questioned buildings less than fifty years old being considered historic. He characterized the ordinance as an excessive remedy for a problem that doesn't exist. He added that economic viability and historic preservation must go hand in hand and that property rights issues must be addressed. Barbara Marseille: speaking as a private citizen, noted she is pleased to see the ordinance finally come to the council; Port Townsend is probably one of the last national landmark districts to deal with this issue. She expressed concerns about the "Point Hudson" exemption, stating it would stop the playing field from being level and would be unfair to the owners of downtown businesses. Michael Sullivan: President, Washington Board for Historic Trust, from Tacoma, noted the entire state has been watching for this ordinance. He spoke in support of adoption. Jim Todd: spoke in support of adoption. Steve Rodrigues: spoke in support of adoption. There was no more public comment. Mayor Robinson asked if staff wished to respond to any issues raised. Mr. Watts stated that a question had come up about what the "driver" is since there are no demolition proposals pending; he stated that this is the best time to bring forth an ordinance since a pending demolition of a significant building would impact the process. Mr. Watts stated the issue of whether or not the ordinance should include partial demolition was dealt with throughout the process. An example would be if someone wished to demolish the Hastings Building turret, which is an extremely distinctive characteristic of the building. Mr. Watts noted that Mr. Kellogg had advocated a $100,000 project cost exemption; however he noted that Mr. Kellogg's current project deals with emergency repairs as well as proposed alterations. All costs for that project have been incurred under the existing design review process and would not be affected by the proposed demolition ordinance. He added that the City Manager has a process underway to make permitting more fair, predictable and efficient and that would include a review of the HPC process. Again he noted that a substantial part of Mr. Kellogg's testimony and written comments are directed toward the existing process rather than the demolition ordinance. Mr. Watts also said that Mr. Kellogg is incorrect about the ordinance not allowing an impartial hearing; the ordinance provides for automatic appeal~which would currently be made to the city's hearings examiner. City Council Business Meeting Page 4 May 17, 2004 Mr. Timmons commented that having this type of ordinance in place is a best practice for municipalities. He stated his concern is consistency and predictability in employing such a tool. Mayor Robinson asked if Council members had questions for staff or speakers. Mr. Masci asked about the 50-year threshold for historic buildings. Mr. Watts replied that following other city regulations, older buildings would have fewer criteria to meet to qualify as historically significant; newer buildings would have higher criteria. Ms. Sandoval asked about the history of the exemption for property with a sub-area plan. Mr. Timmons replied this was a spin-off of discussions with the Port regarding the shoreline master program process. Mr. Watts noted that the issue also came up when the Port applied for a pre-application for demolition in Point Hudson; direction from the Council was that respective staffs would meet to address issues. The Port declined a meeting but reserved the right to comment on the ordinance and a letter from the Port in September reiterated the Port's concerns. As a result of that letter, there was further staff discussion which led to incorporation into the ordinance. This happened during Planning Commission review, and was noted by the Planning Commission. Ms. Sandoval asked about "demolition by neglect" - Mr. Watts noted that was on the table throughout the process and the recommendation of the citizen task force was that the issue should be dealt with separately if Council wishes to pursue it. At this time, the city does have regulatory tools in place to deal with some of those issues. Mayor Robinson asked if any audience members had any clarifications to issues raised during council discussion. Michael Sullivan outlined a case in the City of Tacoma regarding the use of eminent domain over a neglected building. Mayor Robinson closed the public hearing. RECESS Mayor Robinson called for a recess at 8:40 for the purpose of a break. RECONVENE The meeting was reconvened at 8:55. Ms. Robinson stated that in light of all the questions raised, the Council schedule another workshop on the ordinance within the next month and move on to other business. City Council Business Meeting Page 5 May 17, 2004 Ms. Fenn objected, stating she is ready to support the ordinance with the removal of section 17.30.060 C. (Exemption- Adoption of Plan). She also would like to adopt the HPC current guidelines as interim regulations. Motion: Mr. Masci moved to continue the public hearing, discussion and decision to a future time to be arranged by the Mayor and City Manager so that staff can return with clarifying information. Mr. Benskin seconded. Mr. Benskin noted that he would like time to explore some process questions that the City Manager has suggested; he believes the current process is too cumbersome and lengthy; he also stated he would like more time to consider the design review guidelines and the uptown district standards so the package can be reviewed as one process rather than doing it piecemeal. He stated he wants the regulations to be equitable for building owners as well as buildings. Mr. Kolff asked how much time staff would require to complete work relating to the various components of the ordinance. Mr. Timmons replied this could be done within a month. Mr. Kolff stated that the next meeting regarding this subject should be a focused discussion on process, demolition, downtown design review guidelines, and the paragraph exemption Point Hudson. Vote: motion to continue and revisit within the next month, carried unanimously, 7-0, by voice vote. Ms. Robinson, after determining no one was present to testify, stated that the two street vacation public hearings would be moved to the end of the agenda in regard to those who were present for other issues. PRESIDING OFFICER'S REPORT APPOINTMENTS TO TREE COMMITTEE Motion: Mr. Masci moved to approve the following appointments to the Tree Committee. Mr. Kolff seconded. The motion carried unanimously, 7-0, by voice vote. Position 1, Forest Shomer, term expires 05/01/2007 Position 2, Donald Haviland, term expires 05/01/2007 Position 3, George Bush, term expires 05/01/2006 Position 4, Robert $chramek, term expires 05/01/2006 Position 5, Dave Keeler, term expires 05/01/2005 Position 6, Ross Goodwin, term expires 05/01/2005 City Council Business Meeting Page 6 May 17, 2004 CITY MANAGER'S REPORT Mr. Timmons covered the following topics Bell Tower Award: he and Mayor Robinson attended the awards ceremony Downtown Parking: the committee will bring forward an initial recommendation regarding changes to downtown parking at the next meeting DNR Approval of City's tree conservation ordinance: Port Townsend will be the first city with local authority over forest practices. Boy Scout House update: more information has been gathered; city will proceed with appraisal of the property; the price is $3,000. Hood Canal: add discussion of support for renting a delivery barge to bring in items that are not allowed over the bridge due to size and weight restrictions to a future agenda. COMMITTEE REPORTS METROPOLITAN PARK DISTRICT TASK FORCE Chair Lee Springgate stated that due to the lateness of the hour, he would not go through his prepared Powerpoint presentation but would present the highlights of the discussions and conclusions of the task force. He stated the committee was an excellent group of stakeholder representatives and that all affected entities except the Fair Board has responded to the committee's questions. Mr. Springgate noted that while the City enjoys a far greater proportion of recreation services and inventory of park land than most similar sized cities, there are gaps that need to be filled. Coordination of services among the various providers is noticeably lacking. After discussion among Council members about the merits of the tax levy versus the Metropolitan Park District and concerns about a short time frame for education of the voters, Mr. Timmons suggested that a half-day retreat be scheduled in June to discuss city finances, including parks funding options. Motion: Mr. Masci moved to adopt the task force recommendation against a Metropolitan Parks District and in favor of a future levy and direct staff to begin implementing the recommended steps by convening a roundtable of stakeholder executive officers to address the basic questions of park needs, proposed solutions and respective roles and responsibilities. Mr. Benskin seconded The motion failed, 4-3, by voice vote, with Benskin, Masci and Medlicott in favor. City Council Business Meeting Page 7 May 17, 2004 Motion: Mr. K°lff moved to adopt the recommendation of the Metropolitan Parks Task Force to convene a roundtable of stakeholder executives officers; define and prioritize major projects and programs that need additional funding; commission a professional survey of voters; and develop a stronger park vision and mission; and to adopt these recommendations with the addition of "and or metropolitan parks district" to every reference to "future levy." The motion died for lack ora second Motion: Ms. Sandoval moved that the Mayor and City Manager put together an informational retreat to inform the Council about a variety of fiscal situations and different ways they may be addressed the meeting to be set for the very near future so that task force recommendations can be discussed at that time. Ms. Fenn seconded. The motion carried 5-2, by voice vote, with Masci and Medlicott opposed. ARTS COMMISSION Artist Selection for City Hall Annex Public Works Director Ken Clow reviewed the process leading to the committee's recommendation. There was no public comment. Motion: Mr. Masci moved to adopt the recommendation of the Arts Commission that Russell Jaqua/David Eisenhour, Pete Langley, and Jerry and Rayetta Perret work with the architect to incorporate their art within the construction project [City Hall Annex] and that when the budget becomes more apparent, move forward to possibly purchase stand-alone pieces from Gunter Reiminitz, Inge Norgaard and Max Grover, as permitted within the budget. Ms. Fenn seconded The motion carried unanimously, 7-0, by voice vote. PUBLIC HEARING ORDINANCE 2860 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REVISING ORDINANCE 1938 CONCERNING THE CUTTING OF TREES Ms. Robinson opened the public hearing and determined that no Council members had any interests, financial or property, in the matter. There was no public testimony. Motion: Mr. Masci moved for first reading of Ordinance 2860. Mr. Kolff seconded The motion carried unanimously, 7-0, by voice vote. City Council Business Meeting Page 8 May 17, 2004 ORDINANCE 2861 AN ORDINANCE OF THE CITY OF PORT TOWNSEND RELEASING AN EASEMENT CREATED BY ORDINANCE 1056 ON FOSTER STREET BETWEEN JACKSON AND CLALLAM STREETS Ms. Robinson opened the public hearing and determined that no Council member had any interests, financial or property, in the matter. There was no public testimony. Motion: Mr. Masci rnoved for first reading of Ordinance 2861. Mr. Kolff seconded The motion carried unanimously, 7-0, by voice vote. Both public hearings were declared concluded; ordinances will be returned to the Council for final adoption. SUGGESTIONS FOR FUTURE AGENDA ITEMS Mr. Masci asked to schedule the topic of City contributions to the County Health Department as soon as possible. Ms. Robinson stated she has spoken with a representative of the Health Department and requested that a formal request be made to the City; when the request is received it will be placed on an appropriate agenda. ADJOURN There being no further business, the meeting was adjourned at 10:40 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 9 May 17, 2004