Loading...
HomeMy WebLinkAbout07152004 CITY OF PORT TOWNSEND · CITY COUNCIL MINUTES OF THE WORKSHOP SESSION OF JULY 15, 2004 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council ofthe City of Port Townsend met in workshop session this fifteenth day of July, 2004, at 4:20 p.m. in the Olympic Room of the Waterman & Katz Building, Mayor Catharine Robinson presiding. ROLL CALL Council members present at roll call were Frank Benskin, Geoff Masci, Laurie Medlicott, and Catharine Robinson. Freida Fenn, Kees Kolff, and Michelle Sandoval were excused. Councilors Fenn and Sandoval provided written comments on the new proposals. Staff members present were City Manager David Timmons, City Attorney John Watts, Planning Director Jeff Randall, Public Works Director Ken Clow, Finance Director Michael Legarsky, and City Clerk Pam Kolacy. NEW PROPOSALS · BLANKET STREET VACATION ORDINANCE FOR PLATS AFFECTED BY THE LAW OF 1890 City Attorney Watts referred to the map provided in the packet showing property affected by the Road Law of 1890. He stated that a blanket street vacation would be problematic because it would be a "one size fits all" approach and many streets and other public access means have been developed in these plats. If all were to be vacated, there would be inconsistency between what's on the ground and the blanket vacation. If the City wished to do an inventory to determine what areas remain open, then a list of unopened, never developed streets within these plats could be identified and possibly lead to a blanket street vacation of those properties. An alternative would be coming up with an administrative street vacation procedure which would be used to deal with these on a case by case issue. Mr. Benskin asked what the expenditure amount ($5,000) represents. Mr. Watts stated that is the estimated financial impact of developing an administrative procedure. Mr. Masci asked why there couldn't be both an ordinance vacating on a blanket basis and a case by case evaluation. He stated that would force people to queue up so we could have a controllable process. · City Council Workshop Page 1 July 15, 2004 · Mr. Watts stated there is a terminology issue in that it is not really a street vacation we are talking about but a release of potential city interest. He added that road law is not specific about development; if a right has existed for many years it ripens into a new legal right; that is the problem with the blanket vacation, there are some rights that have been created through use. Mr. Watts stated he was not sure why Mukilteo ended up doing a blanket street vacation rather than following the process other cities adopted. Mr. Timmons stated he believed that Mukilteo had a whole undeveloped plat which was affected. Mr. Watts stated that the County did have an administrative process, but backed away because release of the public issue still left other private issues unresolved; the County now requires that a lawsuit be filed so that all parties may have their rights adjudicated. Mr. Timmons noted that part of the process would be a notification of parties so they can litigate if they wish. There was no public comment Mr. Timmons noted the City could set up a clearinghouse review and sign off on the obvious ones; if there is a protest a lawsuit will be filed and if not we will quiet title. He said the situations are very fact dependent. · Mr. Watts also asked ifthe City wants to look at some sort of response to the law which would affect regulation of structures according to revised setbacks, lot coverage, placement of outbuildings, etc. Mr. Masci stated it is important that the City show honesty in regard to this issue; everyone should be able to come in and see if there is an application to them; he added you can't try to restrict something that already belongs to someone; the property should be returned without strings. Mr. Benskin stated he believes that conflicts arising from underlying rights would be worked out between the parties. Mr. Timmons suggested making the Planning Commission aware, as it is a new circumstance that needs to be folded into land use regulation. Ms. Robinson asked how the administrative process would work. Mr. Watts stated a simple quitclaim deed could be generated; if the process affected others besides the property owner, there would be notice to them and the opportunity to file suit. Mr. Timmons added if there are adverse impacts or disputes among private parties, then the process would involve quieting the title. Consensus: notify Planning Commission of the Council's concerns and discussion, and ask them to determine whether they identify any zoning ramifications or would · City Council Workshop Page 2 July 15, 2004 . recommend any action for the Council. The administration at the same time will produce a suggested administrative process. MANUFACTURED HOMES/STATE LEGISLA nON Mr. Watts reviewed the issue, relating to the state legislature's adoption of law prohibiting jurisdictions from treating manufactured homes differently than site-built homes starting July l, 2005. The City Code currently prohibits manufactured homes in the historic district and this will no longer be enforceable as of the effective date of the state legislation. He noted that the City cannot discriminate, but can require design guidelines applicable to both manufactured and site-built homes in the uptown and downtown historic districts. Mr. Masci pointed out that the City currently has commercial design guidelines but not residential guidelines for the Historic District. Mr. Watts added that a building requiring a Conditional Use Permit (bed and breakfast, for example) would have to go through HPC review. Mr. Benskin stated he does not wish to support regulations which would apply to the design of single-family homes. . Mr. Randall noted that the City does have a landmark historic district and a high percentage of historic homes within that district. He added that he did not anticipate much impact to the district, given the small number of lots still available and the high prices attached to them. Mr. Timmons noted that the City does have a stake in protecting the fabric of the historic district (which is similar to the original townsite.) Mr. Randall stated there can be a pattern of someone buying two or three small houses and replacing them with one huge house. Mr. Benskin stated his concern about the impact to the person who wants to build a stick built home; he stated the City cannot have enough guidelines to regulate design review for a single-family house. Mr. Watts stated that design criteria could have limited scope so that there is prevention for something being completely out of scale and proportion. There was no public comment. Mr. Masci supported the "do nothing" option, with staff processing an ordinance repealing the current prohibition on manufactured homes in the historic district prior to July l, 2005. Mr. Masci stated he does not want to make a "class" of manufactured homes; he stated . City Council Workshop Page 3 July 15, 2004 . there might be consideration of a requirement for permanent foundations but would not support anything beyond that. Ms. Robinson agreed that a requirement for permanent foundation would be in order; she also stated that there might be logical guidelines to consider within the historic district to preserve it in some sense. She would like to talk about the possibility of these guidelines before closing the door on the issue. Mr. Timmons stated there might be an equity issue as currently one class of activity is singled out (commercial). Guidelines should probably apply to all construction. Mr. Masci stated that Council will have to consider some way of addressing the issue and should have options available. Mr. Timmons suggested referral to Planning Commission to start the process. Mr. Benskin noted that it is not necessary to regulate as to permanent foundations as regulations already require them. Mr. Randall stated that the Planning Commission is booked up until October but that they could consider the issue well before July of next year. Consensus: pursue administrative options and refer to Planning Commission for review and recommendation. . TRANSPORTATION EFFICIENCIES BILL Mr. Clow stated that this is information to the Council regarding new reporting requirements for cities. He said that although the time frame is short, staff would be able to comply with the request. In answer to Mr. Masci's question, he stated that not all information is in the database and city crews will be busy gathering the information. Mr. Timmons clarified the $100,000 budget figure represented a loan received for producing the Transportation Functional Plan. Consensus: no Council action required, staff will proceed. PROCLAMATION SUPPORTING KALAKALA Consensus: there is no City connection, do not issue a proclamation TRANSIENT ACCOMMODATIONS . Mr. Timmons noted this is an issue that rises to the level of an enforcement action and is a long-term project, not a short-term fix. Some enforcement actions can be problematic. He stated that regulations are currently in place and the staff just needs time to set up enforcement and administration. There is a process in place for complaints to be lodged City Council Workshop Page 4 July 15, 2004 or the staff can begin a random check. · Mr. Randall reviewed the existing regulations, noting that any rental for 30 days or less is considered a commercial use unless the property has a conditional use permit as a bed and breakfast or a tourist home. Mrs. Medlicott noted that many transient accommodation facilities are advertising and are unregistered. She strongly urged enforcement of this regulation. Mr. Timmons stated that a list of known offenders should be provided to the City. Mrs. Medlicott stated she would be content if the issue could be addressed in the first quarter of2005. Ms. Robinson stated that it is critical to inform the public that the City will soon be proactive and that violators may be reported to the City. She suggested the City newsletter as a vehicle for public information. Summary: violators should be reported; City will publicize efforts and be pro-active in enforcement starting in 2005. ADDRESSING NOISE AND TRAFFIC AT THE FAIRGROUNDS · Mr. Timmons noted that currently the City is addressing this issue through conditions on assembly permits. For some events, it is planned that police officers will be on the scene, paid by the event sponsor. He added that the Police Chief is drafting protocols for dealing with this issue. Mr. Masci noted that some events are noisy but are still appreciated by those who enjoy attending. Mr. Watts noted thatoptions are to change the noise ordinance or use the administrative process to control the situation. Public comment: Jim Todd supported addressing the issue. Consensus: Council will be kept advised of the protocols developed for dealing with noise and traffic caused by special events at the Fairgrounds. CITY MANAGER'S QUARTERLY REVIEW Mr. Legarsky gave a brief budget update. Mr. Clow listed progress on capital projects. · City Council Workshop Page 5 July 15, 2004 · · · Ms. Robinson asked about the Transportation Functional Plan. Mr. Clow noted that selection of a contractor will be made later this year, probably in the fourth quarter but that some work will be started sooner including pavement assessments and baseline traffic counts which are required for the Comp Plan update concurrency issue. Another item regarding playground equipment will be addressed at the next "new proposals" meeting. ADJOURN There being no further business, the meeting was adjourned at 6:25 p.m. Attest: ~ CÞ{~ Pamela Kolacy, CMC City Clerk City Council Workshop Page 6 July 15, 2004