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HomeMy WebLinkAbout090611Business Meeting CITY OF PORT TOWNSEND MINUTES OF THE BUSINESS MEETING OF SEPTEMBER 6, 2011 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the sixth day of September 2011, at 6:30 p.m. in the Council Chambers, Mayor Michelle Sandoval presiding. ROLL CALL Councilmembers present at roll call were David King, Kris Nelson, George Randels, Catharine Robinson, Michelle Sandoval, and Mark Welch with Laurie Medlicott absent. Staff members present were City Manager David Timmons, City Attorney John Watts, Development Services Director Rick Sepler, Planning Manager Judy Surber, Public Works Director Ken Clow, and City Clerk Pam Kolacy. (Mrs. Medlicott arrived later in the evening.) CHANGES TO THE AGENDA There were no changes to the agenda. SPECIAL PRESENTATION: Outstanding Wastewater Treatment Plant Award for Biosolids Wastewater Treatment Plant and Wastewater Treatment Plant Operations Manager John Merchant accepted the Outstanding Wastewater Treatment Plant Award for the City's Bio-Solids Wastewater Treatment Plant and Wastewater Treatment Plant for excellent performance in 2010. The awards are given by the State Department of Ecology. Proclamation: National Alcohol and Drug Addiction Recovery Month Mayor Sandoval read a proclamation declaring the month of September 2011 as National Alcohol and Drug Addiction Recovery Month. Police Chief Conner Daily accepted the award on behalf of local agencies. COMMENTS FROM THE PUBLIC Ray Grier spoke about the history of the Pink House and expressed hope that the remodeling project would not harm the integrity of the building. He provided his City Council Business Meeting September 6,2011 Page 1 of 9 comments in writing. Todd Wexman spoke in opposition to the removal of poplar trees on Walker Street. He provided his comments in writing. CONSENT AGENDA Motion: George Randels moved to approve the following items on the consent agenda. Approval of Bills, Claims and Warrants: Vouchers 115370 through 115392 in the amount of$2,550.89; EFT(Electronic Funds Transfer) in the amount of$10,772.82; Vouchers 115393 and 115506 in the amount of$419,264.70; Vouchers 115507 through 115508 in the amount of$474.11; Vouchers 115509 through 115518 and EFTs in the amount of$108,283.29; Vouchers 115519 through 115535 in the amount of$8,743.88; Vouchers 115536 in the amount of$2,817.26; Vouchers 115537 through 115634 in the amount of$299,710.33; Vouchers 115635 through 115643 and EFTs in the amount of$234,775.49 Approval of Minutes with corrections as follows: August 8, page 3, second paragraph, second line, change 'lead"to 'led'; August 15, page 3, third paragraph, first line change "300"to "30 and page 4, fourth paragraph, motion should read "David King moved to waive Council rules.."David King seconded. Vote: motion carried unanimously, 6-0 by voice vote. PUBLIC HEARING Reconsideration of 2011 Comprehensive Plan Docket Mayor Sandoval read the rules of procedure for public hearings. No Council members had any financial or property interests to disclose in connection with the matter. Senior Planner Judy Surber made the staff presentation. She noted that the object of reconsideration is to consolidate items relating to Kah Tai Lagoon Park. Up to this point there were separate tracks for the Parks Plan update and the Comprehensive Plan Update. In staffs view, a functional plan update does not require a Comprehensive Plan amendment and could be on a separate track. However, during the SEPA comment period for the Parks Plan update it became clear that many commenters did not agree with the original process and felt strongly the processes should be consolidated. It was clear to staff that there could be a risk of double exposure of appeals to the Growth Management Hearings Board for the both the Parks update and again for the Comprehensive Plan amendments. To reduce the risk, and allow for consolidation of the issues to be addressed and to avoid lengthy hearings on both processes before Planning Commission and Council, staff is proposing a consolidated review under the City Council Business Meeting September 6, 2011 Page 2 of 9 Comprehensive Plan update umbrella. She noted that in order to do so, the Council must declare an emergency in order to change the final docket because once the docket is set, PTMC 20.04 states Council must declare an emergency to amend it. Emergency findings have been provided; however minor revisions have been made in light of a new e-mail received from Nancy Dorgan dated September 2, 2011. Although staff disagrees that if a Park Plan is invalidated through GMA appeal the City would no longer be eligible for RCO grants, they propose strengthening the recommended emergency. Ms. Surber stated that the recommended findings to support actions to process the Parks Plan as a Comprehensive Plan Amendment and to remove the hold on two proposed Kah Tai amendments should include language as follows: additionally, potential amendments to the Parks Functional Plan may also be subject to separate appeal if not consistent with policies contained within the Comprehensive Plan. Ensuring internal consistency warrants the finding of an emergency. The Mayor opened the floor to public comment. Rick Jahnke stated he submitted the citizen proposed amendment for Kah Tai and the purpose was to make sure the local Comprehensive Plan reflects the intent of the funding, land donations and legal obligations of the sponsors associated with the creation of the park. The City is subject to penalties if the original grant agreement is violated. In May when the amendment was put forward, there was agreement that it would be held until the 6(f) boundary was resolved with National Parks Service. Staff has come up with this recommendation and explained the rationale for reopening the docket. He stated he is fully willing to work with the City to move things along and reminded the Council that part of the reason we got here is because the next time a citizen can propose an amendment is 2014. The City has been notified that they should be hearing from RCO in next couple of weeks. He supported working through the Comp Plan amendment process and added that it is timely and preferable and in the City's best interests than putting it off for three years. Rosemary Sikes, president of the Admiralty Audubon Society, spoke in support of reopening the docket to ensure more consistency with the 2011 Parks Plan, the 1996 Comprehensive Plan, and the two proposed Kah Tai policy amendments. Because all three are related it makes more sense to look at them together. She added it is important that the Parks Plan be approved by the end of the year so the City can qualify for grant funding through RCO. She also noted that the next opportunity for a citizen proposed amendment will be in 2014. She said the Kah Tai Lagoon policy amendments are intended to ensure the park is managed in accordance with the 1981 Federal Land and Water Conservation Fund Acquisition Grant. A complete copy of the comments was provided in written form. There were no comments from staff in response to public comment. City Council Business Meeting September 6,2011 Page 3 of 9 Mayor Sandoval opened the floor to questions of staff or speakers from Council members. Ms. Nelson asked whether Final Docket Item 4 (LUP11-021) would remain on the docket in light of the recent bankruptcy proceedings affecting the applicant. Ms. Surber replied that although it is not site specific it does relate to the hotel. Mr. Harris has been notified that if he does not respond within a certain time limit, staff will consider the application withdrawn. Mr. Watts clarified that the language of the docketed items is amendable during the process according to Council's decisions. Ms. Nelson asked for a response to the Port's concerns stated in the September 2 letter. Mr. Sepler stated that staff thought they had found a suitable middle ground to keep the docket alive and put the Kah Tai amendments on hold until a decision from the Resource Conservation (RCO) office was received. However, a number of citizens felt that avoided the discussion of what protections should be extended to the property. The Port's letter says we should not attempt to regulate anything on their property and others believe that is not the case. The reason staff has changed its position is to reduce liability to the City that might be associated with a segmented review in a manner that precludes full discussion. To minimize the risk, the amendments affecting Kah Tai have been brought forward. He added that the Port is trying to preserve a placeholder and memorialize their objections for potential future action. Mr. Watts stated that the Port is claiming a procedural error; however, he does not believe the argument is substantial. The Port believes that if the City adopts "maximum protection" of the park either before or after the 6(f) determination they believe it would be unconstitutional. At this time, there is no basis to challenge the consideration but there is a possibility that the outcome could be challenged. In regard to the general process for other functional plans, Mr. Sepler confirmed the plans are reviewed for consistency with the Comprehensive Plan but are not reviewed as amendments to the Comprehensive Plan. He noted that some have asserted that all plans need to be part of the annual amendment process and staff will provide clarity about this procedure in the proposed amendment. The decision has been made to include the Parks Plan at this time to avoid potential risk. Regarding the appeal process, it was stated that depending on the nature of the challenge, it could either go to the Growth Management Hearings Board or the courts. Ms. Nelson requested that the underlined language in the paragraph titled "How will the Plan be Implemented" be rewritten to be more reader friendly. Mr. Randels asked whether potential grants for the parks are in jeopardy since the Parks Plan will not be finished before the end of the year. Mr. Sepler stated City Council Business Meeting September 6, 2011 Page 4 of 9 that if the Plan is completed by mid-March there will be no loss of grant eligibility. Mr, Timmons noted he e-mailed the Parks Service about the 6(f) determination and they replied a letter should be coming forward this week. In response to Ms. Sandoval, Ms. Surber outlined the proposed public process for the Comprehensive Plan amendments. She noted it would include several workshops and public hearings before the Planning Commission prior to the end of the year and before the Council between January and March of 2012. Mayor Sandoval asked if anyone in the audience wished to make a comment that would clarify an item raised by a Council member. There were none. The mayor declared the public testimony portion of the hearing closed. Mrs. Medlicott arrived at 7:32 p.m. Motion: George Randels moved to amend the 2011 Final Docket as follows: 1) Process as a Comprehensive Plan amendment (to ensure consistency) proposed updates to the Parks, Recreation & Open Space Plan - 2011 Update (Parks Functional Plan) concurrently with review of changes to the Comprehensive Plan Parks Goals and Policies. Proposed changes to the Comprehensive Plan would update or remove an outdated Appendix concerning parks capital facility requirement; 2) Remove the hold on the two proposed Kah Tai amendments and consider them during this year's amendment cycle; 3) Amend the Comprehensive Plan to clarify the relationship between Comprehensive Plans and Functional Plans; and 4) Adopt Findings contained in the staff report as amended by Ms. Surber to include language "additionally, potential amendments to the Parks Functional Plan may also be subject to separate appeal if not consistent with policies contained within the Comprehensive Plan. Ensuring internal consistency warrants the finding of an emergency."Mark Welch seconded. Vote: motion carried unanimously, 7-0 by voice vote. Mayor Sandoval declared the public hearing on this matter concluded. OLD BUSINESS Ordinance 3062, Adopting Certain Procedural Amendments to the Shoreline Master Program and Certain Amendments to the Narrative Text and Tables of Chapter 19.05 of the Port Townsend Municipal Code (PTMC), "Critical Areas," all in a Manner Consistent with the Requirements of Chapter 20.04 PTMC and the Growth Management Act of 1990, as Amended (Chapter 36.70A RCW). Planning Manager Judy Surber reviewed the packet materials. She noted that comments have been received from the Department of Licensing since the last meeting which pertain to "qualified critical areas consultants." This language City Council Business Meeting September 6,2011 Page 5 of 9 is supported by staff and included in the ordinance. She added that several revisions proposed by Council members were incorporated after the last meeting and they are marked in the ordinance. She stated that one item discussed but not incorporated was in Section 14, initiated by Council member Randels, regarding critical areas geotechnical setbacks for residences situated on coastal bluffs. Correspondence from the Department of Ecology shows that if this change were included, the amount of time they would need to review the ordinance for approval would be considerably extended as it would require more analysis. For that reason, no changes have been incorporated eliminating the "minimum buffer" language from the coastal bluff setback section. Ms. Nelson asked about the geotechnical engineer language, particularly the four years of experience requirement. Ms. Surber stated the language is from the Bainbridge Island code; it was sent to the Department of Licensing (DOL) and their revisions are shown on the agenda bill. The DOL approved the inclusion of the four year experience requirement. There was no public comment. Ms. Nelson stated she does take issue with the four year experience requirement for the geotechnical engineer (she believes it may exclude some competent consultants) but will support the ordinance. Motion: George Randels moved to approve Ordinance 3062, Adopting Certain Procedural Amendments to the Shoreline Master Program and Certain Amendments to the Narrative Text and Tables of Chapter 19.05 of the Port Townsend Municipal Code (PTMC), "Critical Areas," including the changes to Section 6 as recommended by the State Department of Licensing and contained in the agenda bill, all in a Manner Consistent with the Requirements of Chapter 20.04 PTMC and the Growth Management Act of 1990, as Amended (Chapter 36.70A RCV/). Catharine Robinson seconded. Vote: motion carried unanimously, 7-0 by voice vote. NEW BUSINESS Proposal for Two Local Information Signs on Sims Way to Enhance Economic Vitality for Businesses Located off Sims Way Development Service Director Rick Sepler reviewed the packet materials. He noted the issue before Council is to address a proposal to expand Wayfinding to allow for some specific signage. He reviewed the Wayfinding project and the particular businesses who have requested departures from the current Local Information Signage regulations. Questions were raised and discussion ensued about the timeline for having signs City Council Business Meeting September 6,2011 Page 6 of 9 erected, other aspects of the multiple sign regulations, impact of allowing departures on the current enforcement process, and criteria for off-premise signs for businesses other than food and lodging providers. Public Comment: Matt Day from Port Townsend Creamery spoke in support of the proposal. Brent Shirley of The Car Wash spoke in favor of the proposal. Barbara Pastore, investor in Port Townsend Creamery spoke in support of the proposal. Mr. Sepler reviewed the rules about grand opening signs; he noted DSD has had 72 cases of sign code enforcement which take considerable staff time. There is reluctance to allow temporary signs since others will see them and put signs out which will start the enforcement cycle again. There is no action the Council could take at this meeting that would allow those signs but staff can bring forward an interim ordinance that would allow the signage. Further discussion ensued about a desire for staff to craft a creative interim solution as well as the desire for consistency for all businesses with a regulation that works as an overall solution. Council expressed a concern about avoiding unintended consequences and addressing those in an interim ordinance. Some expressed concern about an interim accommodation while the interim ordinance is crafted and reviewed. Council agreed there is a difficult balance in making decisions not just for the moment but that will make sense beyond our tenure for the benefit of the entire community. Motion: Mark Welch moved to direct staff to develop Sims Way Off-Premise Local Information Sign guidelines and standards for consideration and possible adoption on an interim basis at a future date and direct staff to work with eligible businesses and Council to develop interim solutions until such signage can be constructed. Laurie Medlicott seconded. Vote: motion carried unanimously, 7-0 by voice vote. Resolution No. 11-024, Approving Expenditures From Limited Tax General Obligation Bonds for Capital Projects Mr. Timmons reviewed the packet materials and noted that the item has been brought forward ahead of next week's schedule because time is of the essence and funds must be released to advance the efforts of the Public Development Authority in support of Building 202 by financing the soft costs associated with advancing that agenda. City Council Business Meeting September 6,2011 Page 7 of 9 There was no public comment. Motion: George Randels moved to approve Resolution 11-024, Approving Expenditures From Limited Tax General Obligation Bonds for Capital Projects Mark Welch seconded. Vote: motion carried unanimously, 7-0 by voice vote. PRESIDING OFFICER REPORT Mrs. Medlicott stated that local firefighters have been busy with a series of fires in the region. She also notified the Council that East Jefferson Fire & Rescue Commissioner Jess Bondurant passed away. CITY MANAGER REPORT Fundraising for Bike Safety Program Mr. Timmons described a new proposed funding mechanism for supporting the Bicycle Safety Program which would, in part, involve having the City sell raffle tickets for donated bicycles. He noted that discussions are continuing regarding the possible transfer of ownership of Mountain View School to the City. The School District is having the property appraised. There may be an agreement that the City would provide in kind services (such as School Resource Officer) as part of the deal. The Council Finance and Budget Committee will look at a budget analysis at their next meeting. COMMENTS FROM COUNCIL Committee Reports Mr. Randels reported on the Peninsula Regional Transportation Planning Organization Ms. Robinson reported on the Substance Abuse Advisory Board Mrs. Medlicott reported on the Peninsula Development District and noted she could no longer continue that commitment. EXECUTIVE SESSION There was no executive session. ADJOURN There being no further business, the meeting was adjourned at 9:22 pm. City Council Business Meeting September 6, 2011 Page 8 of 9 Attest: Pamela Kolacy, MMC City Clerk City Council Business Meeting September 6, 2011 Page 9 of 9