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HomeMy WebLinkAbout060412CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF JUNE 4, 2012 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session on the fourth day of June, 2012 in Council Chambers at 540 Water Street. The meeting was called to order at 6:30 p.m. by Mayor David King. ROLL CALL Councilmembers present at roll call were Kris Nelson, Michelle Sandoval, David King, Robert Gray, Mark Welch, and Deborah Stinson with Catharine Robinson excused. Staff members present were City Manager David Tlmmons, City Attorney John Watts, Public Services Director Rick Sepler, Public Works Director Ken Clow, Finance Director Michael Legarsky, Planning Manager Judy Surber, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA There were no changes proposed to the agenda. COMMENTS FROM THE PUBLIC There was no public comment. CONSENT AGENDA Bills, Claims and Warrants Voucher 117853 in the amount of $24,187.10 Vouchers 117854 through 117869 in the amount of $4,348.14 Voucher 117870 in the amount of $39,443.08 Vouchers 117871 through 117960 in the amount of $248,559.52 Approval of Minutes: April 30, 2012 and May 21, 2012 (Regular and Special Joint Meeting) Resolution 12 -023 Authorize the City Manager to submit Safe Routes to School grant application Motion: Michelle Sandoval moved to approve the consent agenda. Kris Nelson seconded. Vote: motion carried unanimously, 6 -0 by voice vote. City Council Business Meeting June 4, 2012 Page 1 of 8 PUBLIC HEARING Ordinance 3075, 2011 Comprehensive Plan Update - amendments to the Comprehensive Plan, Land Use Map, Zoning Map and Development Regulations Mayor King reviewed the rules of procedure for public hearings No Council members had any financial or property interests to disclose. Planning Manager Judy Surber reviewed the packet materials. She noted that eight items remain on the docket and reviewed each docket item. All items remaining on the docket were initiated by City staff. Ms. Surber said that on page 8 of the Ordinance, text beginning with the end of the first line ( "In ") and continuing through the rest of the paragraph should be underlined. The Mayor opened the floor to public testimony after confirming with the Clerk that no written materials have been received in regard to the hearing. Public comment Margaret Lee stated she hopes the Council has thoroughly reviewed all the materials. She stated that she does not understand the reason behind the dual zoning proposal and would like to hear more discussion and rationale for that proposal. She is also interested in the reasons for separating the Parks Functional Plan from the Comprehensive Plan. Ms. Surber responded to Ms. Lee, saying that certain circumstances must be identified if property is to be designated with dual zoning. An example might be that certain public properties have been identified as surplus to the City's needs and would also meet affordable housing criteria. Regarding separation of the Parks Plan and Comprehensive Plan, she noted that the two processes would only intersect if the proposed plan were incompatible with the Comp Plan, in which case a Comp Plan amendment would be proposed. Mr. Sepler stated that the Comprehensive Plan is intended as a broad policy base and is reviewed only once a year. The procedure for updating functional plans would be much less flexible if tied to the Comp Plan process. Mr. Timmons noted that there are no other city functional plans that were treated as Comprehensive Plan amendments and so we are being consistent with our own processes. There was no objection raised when any of the other plans were being reviewed outside the Comp Plan process. In connection with the Nomura rezone, clarification was made that during the environmental review, a traffic study was done regarding the intersection of F and San Juan. Because the R III and R II areas are roughly proportional in size, City Council Business Meeting June 4, 2012 Page 2 of 8 the overall vehicle traffic would not change significantly. In addition, any proposed project for the site would undergo its own SEPA review which would include a traffic study. Regarding the Cherry Street rezone, Ms. Surber noted that a planner is already working with the property owner closest to the rezone area and the contacts have been very positive. Staff explained that in regard to the emissions plan, the Climate Action Plan addresses community wide emissions. This goal speaks only to City and County government measures and encourages the City and County governments to lead by example. There was agreement to add on page 9, Policy 6.4, line 16, right after "Climate Action Plan" the phrase "jointly adopted by the City and County on November 14, 2011." There were no clarifying comments from the audience in response to Council questions. Mayor King closed public testimony. Ms. Sandoval stated she wished to disclose that Teri Nomura works for her company, Windermere Real Estate, as an independent contractor. She believes there is no conflict of interest but wanted to disclose that relationship. There was further discussion among the Council, primarily in regard to the dual zoning concept and the relationship between the Comprehensive Plan and functional plans. Points raised supported the idea of dual zoning as a method for letting adjacent property owners know what will happen if public land is surplussed (rather than having them expect it to be in public domain in perpetuity). Dual zoning is a step toward the City's commitment to reviewing any potential surplus properties to further affordable housing goals. Consensus also supported the idea that the Comprehensive Plan contains broad policy statements and that functional plans are the road map for implementation of those policies. Therefore a Comprehensive Plan amendment should not be required for every change to a functional plan unless the plan was incompatible with policy statements or goals in the Comprehensive Plan. There was comment about the "passionate" language in the update to the Comp Plan regarding affordable housing. More neutral and fact oriented language might be more appropriate. Motion: Michelle Sandoval moved to approve First Reading of Ordinance 3075, adopting the 2011 Comprehensive Plan Update consisting of certain amendments to the narrative text, tables, and policies contained in the Port Townsend Comprehensive Plan (The Plan), adopting two site specific amendments to the official land use map contained within the Plan; adopting amendments to the text and tables of Title 17, Zoning; and Title 20.01 Land City Council Business Meeting June 4, 2012 Page 3 of 8 Development Administrative Procedures, of the PTMC, adopting specific amendments to the official zoning map adopted pursuant to Section 17.12.030 PTMC in order to be consistent with, and implement the land use map contained within the Plan; directing the Planning Department to prepare revised copies of the land use map & official zoning map; directing the City Clerk to prepare revised copies of the Plan and to codify the amendments to Title 17 & 20 PTMC 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 RCM. Mark Welch seconded. Vote: motion carried unanimously, 6 -0 by voice vote. Ms. Sandoval suggested changing the order of the agenda to take up the plastic bag ban issue under new business at this time. There were no objections. NEW BUSINESS (MOVED FORWARD ON AGENDA) ORDINANCE 3076 REGULATING THE DISTRIBUTION OF SINGLE -USE PLASTIC AND BIODEGRADABLE CARRYOUT BAGS AND REQUIRING RETAIL ESTABLISHMENTS TO COLLECT A PASS - THROUGH CHARGE FROM CUSTOMERS REQUESTING RECYCLABLE PAPER CARRYOUT BAGS AND AMENDING CHAPTER 6 OF THE CITY OF PORT TOWNSEND MUNICIPAL CODE TO ADD A NEW SECTION 6.26 AND REFER BACK TO SPECIAL PROJECTS COMMITTEE WITH RECOMMENDED CHANGES City Attorney John Watts reviewed the packet materials. He described the Special Project Committee's review of the issue and stated that after public comment, review of materials, and discussion, the Committee unanimously recommended bringing forward an ordinance based on the Bainbridge Island model to the Council. The Council may either comment and return to the Committee, or ask for the ordinance to be brought directly to Council for adoption after a first reading. During clarifying questions, it was agreed that in Exhibit A, 6.26.010 B, to insert "or similar programs" at the end of the paragraph to make sure all food benefit programs available in Port Townsend are included. Public Comment The following spoke in favor of adopting the ordinance. Linda Dacon (representing the Board of Directors of the Port Townsend Marine Science Center) Jac Entringer The Bag Monster (Jude Rubin) Carol Bernthal Byron Rot City Council Business Meeting June 4, 2012 Page 4 of 8 Jake Meyer Jean Walat, Marine Science Center Sidney Shalice Ms. Sandoval recapped the discussion at the Special Projects Committee. She stated that the group was unanimous in thinking the Bainbridge Island ordinance was simple and concise. She added that she believes sending the issue back to the committee would be redundant at this point if the Council can come to agreement about the exemptions. Other Councilors expressed some concerns about moving too quickly before the details of the ordinance are researched more thoroughly. This would include predicting unintended consequences, exploring methods for making access to reusable bags convenient, further review of the thrift store exemption and the impact of requiring a fee per bag charge. The lead time for implementation and how that would impact local businesses was also of concern. There was also discussion of imposing or encouraging stronger anti - litter measures. Mr. Watts noted that the City of Mukilteo imposed and then rescinded the five cent bag fee because it was perceived that stores inside and just outside the City limits would not have a "level playing field" and City business might be affected adversely. The Council requested that some contact be made with local businesses such as Safeway and the Coop to see if they have any input or wish to express particular concerns. Research into the experiences of other cities which have adopted similar ordinances was also requested. Motion: Michelle Sandoval moved to approve first reading of Ordinance 3076 Regulating the Distribution of Single -Use Plastic and Biodegradable Carryout Bags and Requiring Retail Establishments to Collect a Pass - Through Charge from Customers Requesting Recyclable Paper Carryout Bags and Amending Chapter 6 of the City of Port Townsend Municipal Code to Add a New Section 6.26 and refer back to Special Projects Committee with recommended changes for consideration Robert Gray seconded. Vote: motion carried unanimously, 6 -0 by voice vote. UNFINISHED BUSINESS Ordinance 3074 Appropriating the Sum of $131,041 to the General Fund; $27,288 to the Drug Enforcement and Education Fund; $108,656 to the Public Works Engineering Fund; $167,271 to the Community Services Fund; $1,301,319 to the Capital Improvement Fund; $100,000 to the Transmission Line Replacement Fund; and Making Findings and Declaring an Emergency City Manager Timmons reviewed the packet materials, noting that Finance Director City Council Business Meeting June 4, 2012 Page 5 of 8 Legarsky has provided the detail requested by the Council after the first reading. He also noted that since the first reading, refinancing of the City's debt has been completed. He added that a policy regarding the restructuring of the debt will be presented to the Council at a future meeting. There was no public comment. Mr. Timmons and Mr. Sepler clarified that the downward adjustment in the Development Services Department revenues is due to some potential large projects not moving forward. Motion: Mark Welch moved to approve Ordinance 3074 appropriating the sum of $131,041 to the General Fund, $27,288 to the Drug Enforcement and Education Fund, $108,656 to the Public Works Engineering Fund; $167,271 to the Community Services Fund; $1,301,319 to the Capital Improvement Fund; $100,000 to the Transmission Line Replacement Fund, and making findings and declaring an emergency. Kris Nelson seconded. Vote: motion carried unanimously, 6 -0 by voice vote. Preserve America Grant - Coordinated Signage and Wayfinding Program - Phase I Implementation (Historic District Directional and Interpretive Signage). Public Services Director Rick Sepler reviewed the packet materials and noted that this is the first of four phases that will come before Council. The presentation shows the culmination of a $200,000 grant that was awarded by the Department of the Interior, National Parks Service specifically to support reduction and consolidation of signs and establish clearer direction to and from the historic districts. Interpretive signs and other technologies are included. The first phase for consideration is directional signage in the historic district. Several meetings were held during the review process to clarify and direct development of the signage program. Overarching design themes that emerged through the process were simplicity, consolidation of multiple signs, and limited sidewalk space in the downtown district which led to proposing alternatives to the initially proposed directional kiosks. Consultant Kelly Brandon reviewed the details of the proposed solutions which were provided in the packet insert. Mr. Sepler said there is a minor error in Attachment E: "Community Center" is a heading and under that heading, the Bell Tower should be listed as "c." Mr. Sepler noted that the "starburst" is not meant to take the place of the City logo but will be used as a good "shorthand" graphic to tie this all together. The traditional City logo will remain. There was some discussion about the use of the "QR" codes which Mr. Brandon stated is an evolving trend and which was discussed at various focus groups. City Council Business Meeting June 4, 2012 Page 6 of 8 There was no public comment. There was brief discussion about the configuration of interpretive panels. Motion: Kris Nelson moved to authorize the City Manager to obtain bids and award a contract for the implementation of Phase I of the Sign Consolidation and Wayfinding Program (as revised) provided that the total expense does not exceed $67,000. Michelle Sandoval seconded. Vote: motion carried unanimously, 6 -0 by voice vote. NEW BUSINESS Ordinance 3077, Amending the Port Townsend Municipal Code Chapter 10.04 Parking, Authorizing the Chief of Police to Designate No Parking and Limited Parking Areas and Establishing Penalties for Violations City Manager Timmons reviewed the packet materials. He stated this action would allow the City to be more responsive to changing circumstances by addressing parking issues administratively. He clarified this would be administered by Police Officers rather than parking volunteers. Because the ordinance strikes out the entire parking code, Council requested a list of current parking restrictions to be provided prior to second reading. There was discussion about various areas in the City where parking has become an issue. It was noted that the parking issue near Fort Worden was simply an example but that the desire is to give greater flexibility in responding to parking situations in all areas of the city. Chief Daily listed some other areas where parking and parking limits are becoming issues. He noted that the Police always confer and work closely with the Public Works Department when considering changes. He stated that surveys, traffic counts, and other methods would be used to determine when a change is indicated. City Attorney Watts noted that the parking limitations would be posted on the City website. Any Council member who wishes to discuss any of the parking regulations can ask that the item be reviewed at the Council level. Council could direct staff to review and could ultimately rescind the ordinance if they wished. Council agreed to strike the first two sentences in Recital C which refer to Fort Worden as an example. The second sentence would read "The Chief should be able to respond to changing situations....." Motion: Deborah Stinson moved first reading of Ordinance 3077, Amending the Port Townsend Municipal Code Chapter 10.04 Parking, Authorizing the Chief of Police to Designate No Parking and Limited Parking Areas and Establishing Penalties for Violations as per recommended change in Recital C. Kris Nelson City Council Business Meeting June 4, 2012 Page 7 of 8 seconded. Vote: motion carried unanimously, 6 -0 by voice vote. PRESIDING OFFICER REPORT Mr. King noted that he and Ms. Nelson met with representatives of the Library regarding a ballot measure and asked that any potential ballot measure be held after the first of the year because town meetings are scheduled for the fall and a ballot measure for November would have to be submitted in August. CITY MANAGER REPORT Mr. Timmons reported that he will be stepping down as JeffCom representative and would like an elected official to take the lead while he acts as alternate. Staff and contractors are pushing to get Taylor Street completed. The Hastings sidewalk project has gone out to bid. There is potential for new grant funding for Howard Street. Talks regarding the broadband project are ongoing with the consortium. Mr. Timmons has requested a budget pro forma for how rates will be determined. ADJOURN There being no further business, the meeting was adjourned at 9:54 p.m. Attest: t ' Pamela Kolacy City Clerk MMC ' r City Council Business Meeting June 4, 2012 Page 8 of 8