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HomeMy WebLinkAbout04182005 . . . CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF APRIL 18, 2005 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this eighteenth day of April, 2005, at 6:30 p.m. in the Port Townsend temporary Council Chambers in the Cedar Room of the Waterman & Katz Building, Mayor Catharine Robinson presiding. ROLL CALL Council members present at roll call were Frank Benskin, Freida Fenn, Kees Kolff, Geoff Masci, Laurie Medlicott, Catharine Robinson, and Michelle Sandoval. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, City Engineer Dave Peterson, Long Range Planning Director Jeff Randall, and City Clerk Pam Kolacy CHANGES TO THE AGENDA There were no changes to the agenda. PROCLAMATIONS Mayor Robinson presented the following proclamations Earth Day Clean Up (accepted by Mari Mullen and Jane Champion on behalf of Main Street) Native Plant Appreciation Week (Accepted by President of Native Plant Society) Elks Youth Week (Accepted by Ron Brantner) COMMENTS FROM THE PUBLIC (Consent and non-agenda items) Roderick Wylde: stated he would boycott Earth Day due to the legislation against environmentally friendly scooters. Pete (?) : Olympic Shakespeare Players and Key City Players collaboration Jason Green: thanked all those who supported the Boiler Room auction. City Council Business Meeting Page 1 April 18, 2005 . . . CONSENT AGENDA Motion: Ms. Fenn moved for approval of the following items on the Consent Agenda. Mr. Masci seconded. Motion carried unanimously, 7-0, by voice vote. Approval of the following Bills, Claims and Warran(s Vouchers 93606 through 93727 in the amount of $979, 871. 95 Approval of Minutes for April 4, 2005 UNFINISHED BUSINESS PARK AND RECREATION ADVISORY BOARD RECOMMENDATION REGARDING GOLF COURSE Barbara Pastore, Chair, commented on the recommendations of the Park and Recreation Advisory Board. She noted that the recommendation included that funds received if there is a sale of property adjacent to the Golf Course, would be earmarked for golf course capital improvements. She also explained the rationale for a task-oriented sub-group to expand public process and offer recommendations to the Advisory Board. Public comment: Mary Norwood, Golf Course Committee member, urged adoption so lease negotiations can begin. Motion: Mrs. Medlicott moved to: 1) accept the Park & Recreation Advisory Board recommendations to endorse the conclusion of the Task Force that the preferred management option is to continue the present management structure whereby a professional operator leases the course and to begin serious discussions, early in 2005, with the present lessee to see whether the lessee will continue management of the course through a renegotiated and extended lease; 2) Accept the recommendation of the Park & Recreation Advisory Board to approve the remaining recommendations of the Golf Course Task Force, including: 1) City retain responsibility for water supply for golf course needs; 2) other revenue should be pursued including use of existing kitchen; 3) City takes steps to rationalize the plat for the golf course property; 4) City should consider sale of property separated from the course by Walker Street, with proceeds to be earmarked for a Golf Course capital improvement fund; 3) Endorse creation of a Golf Course working group to monitor and provide input to the Park & Recreation Advisory Board and administration regarding the City Council Business Meeting Page 2 Apri/18, 2005 . implementation of the recommendations adopted by the City Council for the Golf Course; 4) Recommend that these tasks be accomplished as quickly as possible. Mr. Masci seconded. Ms. Fenn asked when the current lease expires. Mr. Watts noted it expires at the end of 2006. Ms. Fenn stated she assumed that when we went through this process, we would come up with items we would want a new lease to reflect - she said she understands there was a specific request to move directly to negotiate with current lessee; she asked why this should be a different process from the usual one where a current lessee or any other interested party would have the opportunity to apply. Mr. Watts spoke to state laws regarding public bidding, noting that state bidding requirements do not apply to professional service contracts or leases, although the City is free to do that if it wishes. An open bidding process was not recommended as the preferred option by the Committee. . Motion to amend: Ms. Fenn moved to amend recommended action (a) to direct staff to create terms for a new lease and discuss with the current lessee as well as other interested parties. Ms. Sandoval seconded. Mr. Kolff asked if it is correct that the terms of a re-negotiated lease would come back to the Council for review. Mr. Timmons confirmed. He also noted that if negotiations were begun with the current lessee and arrived at an impasse, the City would go to a competitive process. Vote on amendment: motion to amend failed, 2-5, by voice vote, Fenn and Robinson in favor. Discussion ensued over other issues including water (water rights have been applied for; irrigation system needs updating and replacing with capital investment amortized against the lease), additional revenue (will explore general revenue opportunities that do not compromise the Golf Course mission), ban on herbicide and pesticide use (a condition of current lease), tasks of the working group (group advisory only to Parks Board and staff while working through negotiations and as an ongoing process - this is a variance from normal procedure). Vote on original motion: motion carried unanimously, 7-0, by voice vote. ORDINANCE 2893 . City Council Business Meeting Page 3 April 18, 2005 . AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING CERTAIN AMENDMENTS TO THE NARRATIVE TEXT AND TABLES OF CHAPTER 17.72 OF THE PORT TOWNSEND MUNICIPAL CODE (PTMC), "OFF STREET PARKING AND LOADING" IN ORDER TO BE CONSISTENT WITH, AND IMPLEMENT THE GOAL AND POLICY DIRECTION CONTAINED IN THE PORT TOWNSEND COMPREHENSIVE PLAN; DIRECTING THE CITY CLERK TO CODIFY THE AMENDMENTS TO CHAPTER 17.72 PTMC AS SET FORTH IN THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE; 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) Eric Toews of Cascadia Planning summarized the agenda packet material and noted the changes incorporated from the last discussion. Public comment Jeff Eichen: stated he appreciates anything that takes care of our downtown and surroundings. Motion: Mr. Masci moved for adoption of Ordinance 2893. Mr. Kolff seconded. . Motion to Amend: Ms. Sandoval moved to amend the criteria in 17.86.065(b) to make reference back to exemptions in 17.72.080 and add "in no instance may the parking maximums established in 17.72.080 be exceeded for uses within the Historic District. " Mr. Kolff seconded. In answer to Ms. Robinson's question, Mr. Randall noted that as currently drafted, a parking variance would be a Type II administrative decision of the Public Works staff. Mr. Timmons stated that with amended language this would not be true in the Historic District. Mr. Toews confirmed that Type II decisions may be appealed to the Hearing Examiner. Vote: motion carried, 5-2, Medlicott and Benskin opposed. Motion to amend: Ms. Sandoval moved to amend 17.86.040 (Permit Review Process) to strike the underlined language which allows parking variances to be processed as minor variances. Ms. Fenn seconded. Motion carried, 4-3, Benskin, Masci and Medlicott opposed. Vote on main motion as amended, carried 4-3, by roll call vote, Benskin, Masci and Medlicott opposed. RECESS Mayor Robinson called a recess at 7:40 p.m. for the purpose of a break. . City Council Business Meeting Page 4 April 18, 2005 RECONVENE . The meeting was reconvened at 8:05 p.m. ORDINANCE 2896 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE ADDING CHAPTER 17.05, DEFINING AND REGULATING FORMULA RETAIL ESTABLISHMENTS TO TITLE 17, ZONING City Attorney John Watts reviewed the packet materials. Public comment: Speaking in favor of passage of the ordinance: . Sharon Bryan Peter Von Christierson Jeff Eichen David Goldman (in support of City Attorney's changes) Ian Hinkle Janet B. Kahn Glenn Hughes Marla Streator Aimee Cowf Lee Wolodkewitsch Leslie Schroeder Jason Green Donna Logan Efra Bill LeMaster Joshua Sage Joey Pipia Mike Murray Amber Wilford Thaddeus Strazinski Paul (?) Phina Pipia A show of hands was also requested. Mr. Watts recommended that Councilors do not make any comments indicating that their support for the ordinance is based on protecting local businesses, as . City Council Business Meeting Page 5 April 18, 2005 . comments construed as being based on economic protection are not an appropriate basis for zoning. He added that a zoning ordinance cannot be based on popularity or solely on what a popular majority wants - there are legal bases to consider and he noted those have been set forth in the memo. He added the ordinance is interim and there is time to work out details and review further; a public hearing must be held within 60 days, then processed through the Planning Commission with a recommendation back to the Council within six months. Motion: Ms. Fenn moved to waive Council rules in order to adopt the ordinance immediately. Mr. Benskin seconded. Motion carried, 5-2, by voice vote, Masci and Medlicott opposed (5 votes needed to waive rules). Motion: Ms. Fenn moved for adoption of Ordinance 2896 (version 3 as described by the City Attorney, removing italics and removing Item d (2) on page 7, removing cap on formula restaurants. Mr. Kolff seconded. Mr. Kolff stated he would support the ordinance not because he is against development but because he believes development needs to be appropriate in scale and compatible with the Comprehensive Plan. . Ms. Fenn stated she is excited about taking this positive step to create a local self- determination of how we want our town and future to be; that is what comprehensive planning and zoning are for. Ms. Sandoval stated that she is the owner of a franchise and there are many others associated with franchises in the City who are excellent business citizens and do much good in the community. Mr. Kolff asked for clarification on the amendment (removing "cap"). Mr. Watts stated that Mr. Goldman recommended striking that because there was no discussion about what the appropriate number would be; it is an issue that can be dealt with later. Mrs. Medlicott asked whether any courts have upheld a similar ordinance. Mr. Watts stated the only one that has come to light is an unpublished court of appeals case. He added MRSC couldn't find any and they take a conservative view of matters like this; in their view this has questionable validity because it could be perceived as denial of equal protection, misuse of city's zoning powers, or discriminatory. . Mrs. Medlicott asked if this is the only option or if we already have regulations in place that control development. Mr. Watts confirmed that this would be an additional layer of regulation in addition to, for example, historic preservation, and other design City Council Business Meeting Page 6 April 18, 2005 . review standards; this would seek to preserve character of downtown area from formula stores and add an additional layer of regulation regarding how development could look in other areas. Mr. Masci stated this might be questionably constitutional; on the other hand, he stated there is probably not enough land in the City that would fit a big box; he warned not to make this a litmus test on how to judge your neighbor. He added that emotion rarely links to law and the issue is always where the line in the sand is drawn. Vote: motion carried, 6-1, by roll call vote, Medlicott opposed. RECESS Mayor Robinson called for a recess at 9:25 p.m. for the purpose of a break. RECONVENE The meeting wad reconvened at 9:35 p.m. NEW BUSINESS ORDINANCE 2894 . AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE CHAPTER 10.04 PARKING TO ADD SECTION 10.04.220 PAID PARKING UTILIZING PARKING PASSES City Engineer Dave Peterson explained the process recommended by the Downtown Parking Advisory Board, where two hour parking would continue downtown but merchants would sell passes to customers which would allow them to park an additional two hours. Speaking for the Advisory Board and giving the business owner perspective were Marilyn Staples and Sue Arthur. Mari Mullen, Executive Director of Main Street, noted that funds generated would go into a fund for streetscape improvements. Scott Walker, Advisory Committee member, spoke in support. Mr. Peterson stated that if Council approves first reading of the ordinance, the Advisory Board will work on designing passes and brochures and on education for the downtown merchants; staff would like to implement in the middle of May. . City Council Business Meeting Page 7 April 18, 2005 . In response to clarifying questions, Mr. Peterson noted there would be no markup on cost by the merchants and any unused passes can be returned to the City for a refund. Meetings are being held with police and parking enforcement staff. Public comment None Ms. Robinson asked about the penalty for altering or forging a pass (misdemeanor, up to $1,000 fine); Mr. Watts replied that is the default provision in the Municipal Code. Motion: Mr. Masci moved for first reading of Ordinance 2894, amending the penalty to $25.00. Ms. Medlicott seconded. Motion: Ms. Fenn moved to divide the question and separate the amount of the fine from the first reading. Mr. Kolff seconded. Mr. Watts stated that a misdemeanor penalty is set by the judge, who has the discretion to go up to $1,000, but added it is unlikely a District Court judge would impose the maximum penalty. . Motion: Mr. Masci moved for first reading of Ordinance 2894, with penalty section amended to indicate a fine of "up to $250." All Councilors agreed to this change in the motion. Motion carried unanimously, 7-0, by voice vote. REQUEST FOR WAIVER OF FEES FOR USE OF POPE MARINE BUILDING Mr. Timmons noted that the Port Townsend Peace Movement has requested a waiver of fees for use of the Pope Marine Building for presentation of exhibits over Memorial Day weekend. He referred to the letter in the packet materials. Judith Rothstein of the organization stated that the educational exhibit would be beneficial to the community. Mr. Masci asked if the City co-sponsored the event would that bring it under the City's liability umbrella. Mr. Timmons replied that it would. Motion: Mr. Masci moved that the Council make a finding of benefit to youth and prevention of violence consistent with many programs co-sponsored by the City and waive the fee for the Pope Marine Building for the requested time period of the exhibit. Ms. Fenn seconded. Mrs. Medlicott clarified that this would apply only to this specific event. . Vote: Motion carried unanimously, 7-0, by voice vote. City Council Business Meeting Page 8 April 18, 2005 . COMPREHENSIVE PLAN AMENDMENT DOCKET Long Range Planning Director Jeff Randal reviewed the packet materials relating to the 2005 Comprehensive Plan Amendment docket. Ms. Fenn asked how the Transit facility relocation and consequent surplusing of the current site would be dealt with in the Comp Plan process. Mr. Timmons stated that the context of publicly zoned parcels would include Transit parcels. In answer to Mr. Masci's question, Mr. Randall stated the "emergency" applies to issues that fell between two Comprehensive Plan cycles and the need to be in compliance with state law. Public comment None Motion: Ms. Sandoval moved that the passage of Senate Bill 6593 creates an "emergency" and requires the City to amend the Comprehensive Plan by July 1, 2005 and to direct staff and the Planning Commission to prepare amendments to the Comprehensive Plan and municipal code and forward such recommendations to the City Council by June 30, 2005. Mr. Kolff seconded. Motion carried, 5-2, by voice vote, Benskin and Masci opposed. . Motion: Ms. Sandoval moved to direct CD/LV Committee to review with staff possible public properties to be considered for rezoning during the 2005 Comprehensive Plan amendment cycle and make recommendations to the Council in May 2005. Mr. Kolff seconded. Motion carried unanimously, 7-0, by voice vote. ORDINANCE 2895 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PORT TOWNSEND MUNICIPAL CODE SECTION 20.04.040 APPLICATIONS FOR COMPREHENSIVE PLAN AMENDMENTS Motion: Ms. Sandoval moved for first reading of Ordinance 2895. Mr. Kolff seconded. The motion carried unanimously, 7-0, by voice vote. ORDINANCE 2897 . AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, AMENDING A SUBSECTION OF 17.08.040 I THROUGH M, DEFINITION OF "LOT AREA," AND AMENDING SECTION 17.16.030 BULK, DIMENSIONAL AND DENSITY REQUIREMENTS, OF TITLE 17 ZONING, OF THE PORT TOWNSEND City Council Business Meeting Page 9 April 18, 2005 . MUNICIPAL CODE, RELATING TO SETBACKS AND DEVELOPMENT REGULATIONS OF LOTS AFFECTED BY STRET OR STATUTORY VACATION AND ADOPTING INTERIM REGULATIONS REGULATING LAND USE City Attorney John Watts reviewed the packet materials. He stated this would not be considered a "taking" as interim regulations are authorized under growth management planning. The interim regulation is a preservation of the status quo per the Comprehensive Plan and allows the City and Planning Commission to review densities and setbacks in light of the potential street vacations. Mr. Watts stated the City has received e-mail that raised a question about whether Ms. Sandoval should participate in review of City land use matters including consideration of this ordinance and street vacations in general because she is the owner of a real estate agency; the allegation was that this raises a conflict of interest or appearance of fairness issue. Mr. Watts stated that conflict of interest rules apply only if there is a direct monetary gain from a Council action and in his view, Council review of the pending issue does not create a direct financial gain to Councilor Sandoval from any Council action. He added that he reviewed the issue with and MRSC staff attorney who confirmed this opinion. . Regarding any Violation of city ethics code, he stated that the City code tracks state law and adds a disclosure requirement that Councilors are required to disclose any real (as opposed to speculative) benefit and both Mr. Watts and MRSC agreed there is no ethics violation in this instance as there is no real financial benefit to disclose. Public comment Speaking in favor of interim moratorium ordinance were: Joanna Loehr (also presented document with signatures of other proponents) Peter Lauritzen Richard Mee Dana Roberts Chelcie Liu Scott Walker: Elizabeth Merrill Owen Fairbank Supporting a case by case system: Joshua Bennun Glenn Hughes Harry Holloway (disagreed with the urgency of passage and argued for a case by case process which takes into consideration whether or not the owner plans to use vacated rights of way to increase density) . City Council Business Meeting Page 10 April 18, 2005 . Mr. Watts stated that the ordinance would not apply to a project with an existing building permit. Mr. Watts stated that an addition to the ordinance that would address Mr. Holloway's concern is "this ordinance does not apply to a replat or a lot line adjustment that does not result in an increase in density." Mr. Timmons added that this does not preclude someone from going through a short plat process if the result is not an increased density level. He added that he has spoken to Mr. Mees regarding his issues and Public Works has stated that the lines he refers to will need to be relocated as a condition of the permit. Mr. Timmons noted that the ordinance does not preclude statutory street vacations although the City does have rights and powers to acquire the Right of Way in some other manner. Mrs. Medlicott noted she is a property owner who could benefit from a statutory street vacation, although she would have no intention of exercising that option. Mr. Watts agreed that this would equate to a direct potential financial benefit or impact from the legislation and that she should recuse herself from the discussion. . Mrs. Medlicott recused herself form the meeting at 11 :01 p.m. Motion: Ms. Fenn moved for first reading of Ordinance 2897, with language added by Mr. Watts ("does not apply to a replat or lot line adjustment as long as it does not increase density'). Ms. Sandoval seconded. In answer to Mr. Kolff's question, Mr. Watts confirmed that if a permit vests prior to the ordinance becoming effective, that permit would be processed based on the regulations in place at the time. Motion: Mr. Kolff moved to waive Council Rules for the required two readings. Ms. Sandoval seconded. Motion failed, 4-2, Benskin and Masci opposed (approval requires 5 votes in favor). Mr. Masci stated he does not believe this is necessary and land should be returned to property owners under the 1890 law. Ms. Sandoval stated that the platting took place at a time when rights of way were not needed for roads and utilities; she added that the rights of individuals should not supersede the collective rights of the community. . Vote on first reading as amended: motion carried, 4-2, Masci and Benskin opposed (Medlicott recused) City Council Business Meeting Page 11 April 18, 2005 . PRESIDING OFFICER'S REPORT ADVISORY BOARD APPOINTMENTS Motion: Ms. Sandoval moved to approve the following appointments. Mr. Masci seconded. The motion carried unanimously, 6-0, by voice vote (Medlicott not present) . . 1) Arts Commission Stanley Rubin (reapPointment), position 1, expires 05/01/08 Beatus Meier (reappointment), position 3, expires 05/01/08 Lisa Lynes, position 2, expires 05/01/08 2) Design Review Advisory Committee Guy Hupy (reappointment), position 5, expires 05/01/08 3) Downtown Parking Advisory Board Mari Mullen (reappointment), position 5, expires 05/01/08 Scott Walker (reappointment), position 6, expires 05/01/08 4) Historic Preservation Committee Barbara Marseille (reappointment), position 3, expires 05/01/08 Michael Colbert (reappointment), position 2, expires 05/01/08 Roger Lizut (reappointment), position 1, expires 05/01/08 5) Lodging Tax Advisory Committee Keven Elliff (recipient), position 4, expires 05/01/08 Steven Kraught (at-large), position 2, expires 05/01/08 Cliff Carpenter (collector), position 9, expires 05/01/08 6) Non-Motorized Transportation Advisory Board Julie Duke (reappointment), position 3, expires 05/01/08 Owen Fairbank (reappointment), position 2, expires 05/01/08 7) Park & Recreation Advisory Board Barbara McColgan Pastore (reappointment), position 1, expires 05/01/08 Marilyn Muller, position 2, expires 05/01/08 Monica Mick-Hager (reappointment), position 3, expires 05/01/08 8) PEG Access Coordinatinq Committee Gary Nelson (video professional) 9) Transportation Advisory Board Scott Walker (reappointment), position 7, expires 05/01/08 Rich Ruggles, position 6, expires 05/01/08 City Council Business Meeting Page 12 April 18, 2005 . . . 10) Tree Committee David Keeler (reappointment), position 5, expires 05/08/05 Motion: Ms. Sandoval moved to accept Mayor's recommendation to assign Frank Benskin to replace Geoff Masci on the Olympic Community Action Programs Board. Mr. Masci seconded. Motion carried unanimously, 6-0, by voice vote. Motion: Mr. Kolff moved that Mayor Robinson participate on the County transportation funding committee and that Ms. Sandoval be designated as alternate. Ms. Fenn seconded. Motion carried unanimously, 6-0, by roll call vote. CITY MANAGER'S REPORT POPE MARINE PARK PLAYGROUND EQUIPMENT Mr. Timmons and Mr. Benskin noted that a letter of support is needed so the playground equipment citizens group can move forward. Mr. Timmons stated the provision of a letter of support could be sent administratively. FUTURE MEETING AGENDAS Motion: Mr. Kolff moved that a special business meeting be scheduled for April 25 to consider Ordinance 2897, support for Pope Marine playground equipment, and re- instituting the C-J/ Design Standards Committee. Ms. Fenn seconded. Motion carried unanimously, 6-0, by voice vote. Mr. Masci requested that staff request Transit representatives report on the siting for the new Transit facility. ADJOURN There being no further business, the meeting was adjourned at 11 :23 p.m. Attest: ç;a~y 1 CÞ< ¡ &y Pam Kolacy, CMC City Clerk City Council Business Meeting Page 13 April 18, 2005