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HomeMy WebLinkAbout101606 CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF OCTOBER 16, 2006 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this sixteenth day of October, 2006, at 6:30 p.m. in the Port Townsend temporary Council Chambers in the Port Townsend Fire Station conference room, Mayor Mark Welch presiding. ROLL CALL Council members present at roll call were Frank Benskin, Geoff Masci, Laurie Medlicott, Catharine Robinson, Michelle Sandoval, Scott Walker and Mark Welch. Staff members present were City Attorney John Watts, Public Works Director Ken Clow, Planning Director Rick Sepler, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA There were no changes to the agenda. COMMENTS FROM THE PUBLIC (consent and non-agenda items) CONSENT AGENDA Motion: Ms. Robinson moved for approval of the following items on the consent agenda. Mr. Benskin seconded. The motion carried unanimously, 7-0, by voice vote. Vouchers 99380 through 99534 in the amount of $355,392.95 Vouchers 1005061 through 1005069 in the amount of $191,105.24 Vouchers 1013061 through 1013062 in the amount of $958.47 Approval of Minutes: October 2,2006 Resolution 06-025, authorizing City Manager to execute an intergovernmental cooperative purchasing agreement with King County Directors' Association PUBLIC HEARING RESOLUTION 06-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING FINDINGS IN SUPPORT OF ORDINANCE 2928, ESTABLISHING INTERIM STANDARDS REGARDS THE MEASUREMENT OF DEVELOPMENT DENSITY IN R-III AND R-IV ZONING DISTRICTS; ADOPTING A NEW METHOD FOR MEASURING BUILDING HEIGHTS TO LIMIT THE City Council Business Meeting Page 1 October 16, 2006 ALTERATION OF SITES; ESTABLISHING AN OFF-STREET PARKING REQUIREMENT FOR ACCESSORY DWELLING UNITS AND RESIDENTIAL USES IN THE UPTOWN COMMERCIAL DISTRICT; AND ESTABLISHING A UNIFORM METHOD OF COUNTING DAYS FOR LAND USE PROCESSES Mayor Welch read the rules of procedure for public hearings. There were no disclosures from Council members regarding any financial or property interests in the matter. City Attorney John Watts and Planning Director Rick Sepler reviewed the packet materials. Mr. Sepler noted that the Planning Commission is reviewing the interim regulations and hopes to have the review complete by the first of the year (2007). He added that review of the off-street residential parking requirements has been delayed because of the planned charrette and follow-up meeting. Public Comment C.L. Flint stated the interim ordinance is having much impact on projects currently in development and he does not see a particular need to revise the regulations. He urged the Council not to continue the interim regulations. He said interim regulations should only be enacted when there is a danger to public safety. He added that this action has thrown a cloud over what can be developed in the R-1I1 zone and causes him an economic hardship. Ted Shoulberg: objected to language stating that use of "bedrooms" rather than "units" is inappropriate to single family homes and explained why the provision was created - to provide flexibility in design development in the R-II zone. He added that was done twice through the normal process of zoning code revisions and that that is the proper process for these types of changes. Richard Berg stated that he believes interim ordinances are not a good way to govern as they create uncertainty and the impression that things can change overnight. He added that it is important for architects and other building professionals; it is important to have rules you can count on and that there was no imminent threat to trigger these interim regulations. Malcolm Dorn stated he is a commercial property owner in uptown Port Townsend and it is difficult for those trying to make business work in uptown when it is not known what the outcome of the proposed regulations will be. He urged Council to go through the usual process for zoning regulation changes. Michael Raymond said that most of those involved in development in the R-1I1 and R-IV zones are trying to make affordable housing for people and any amount of uncertainty about regulations makes that less likely to happen. City Council Business Meeting Page 2 October 16, 2006 There was no further public comment. Mr. Watts noted that under the Growth Management Act, interim regulations are not required to be reserved for emergencies; the Act allows for interim regulations to be adopted to preserve the status quo while the City goes through public process to determine whether existing regulations are appropriate or should be changed. He added that any project already in the pipeline prior to adoption of the interim ordinance in September would not be affected. Mayor Welch opened the meeting to questions from the Council. Ms. Sandoval asked Mr. Berg which specific provisions of the interim ordinance he takes issue with. Mr. Berg stated his concerns are primarily about the use of interim regulations period; he stated he knows they can be used to preserve the status quo but it seems that making interim changes, for example, that add parking requirements is not status quo. Mr. Dorn stated he also prefers going through a public process where a community conversation can contribute to the outcome. He said he was specifically interested in building heights and parking in the uptown area. Ms. Sandoval stated that the original section which would have affected building heights in the uptown area was struck from the interim ordinance before adoption. Mr. Flint asked whether building permits within his approved development would be grandfathered; Mr. Watts stated he could not answer without knowing the details of the project but the general rule is that if there were a vested application, then the new regulations would not apply. Ms. Robinson requested that staff summarize the components of the interim ordinance for the public. Mr. Sepler reviewed the specific parts of the ordinance. Motion: Ms. Sandoval moved for adoption of Resolution 06-029. Mr. Masci seconded. Ms. Sandoval noted she does believe there is a place for interim ordinances; she stated the process has begun on this one, with public hearings before the Planning Commission, and the uptown charrette scheduled. She wishes to carry this process to the end when Council will revisit the Planning Commission's recommendation and the Council can make its final decision with the additional input and information. Ms. Robinson agreed that stopping the process now would be more confusing to the public. City Council Business Meeting Page 3 October 16, 2006 Mr. Masci disagreed and stated that the interim ordinance creates unintended consequences and puts too many restrictions on the development community. Ms. Sandoval stated that much of the impetus for the ordinance is the fact that the Municipal Code is not clear. She added that a code that is too open to different interpretations leads to appeals and confusion. She added she does not see that this ordinance changes the ability to create affordable housing. Mr. Welch stated that the ordinance was done in the spirit of efficiency; he would be concerned if it extended too long as no one wants uncertainty. He supports the interim ordinance with the knowledge that it will come back to the Council for a final decision in December of January. Vote: motion carried, 6-1, Masci opposed. UNFINISHED BUSINESS Phase I Upper Sims Way Improvements Update Mr. Timmons stated that the process is currently not geared to attempting to assess the technical merits of design but to illustrate how alternative decisions will appear to the public. RECESS Mayor Welch declared a short recess at 7:10 p.m. for the presentation to be set up. RECONVENE The meeting was reconvened at 7:20 p.m. Rick Sepler introduced representatives from Makers, who provided a presentation on the process so far for both the Upper Sims Way and the downtown streetscape. There was no public comment on either presentation. Mr. Masci stated that the small number of participants who responded to the surveys makes the results weighted. He stated that silence from the public couldn't be equated with assent. Mr. Owens stated that the larger process is part of the process and it will now drop back to smaller focus groups. Mr. Benskin stated his concern that the business owner interests are represented. He added that the impact of the new police station in the area should be recognized. City Councii Business Meeting Page 4 October 16, 2006 Ms. Robinson said the possible ferry system changes must also be considered. Mrs. Medlicott said it should be kept in mind that Sims Way is a state highway. Mr. Walker stated the Council needs a great deal of information to make an informed decision about one streetscape design over another streetscape design. Mr. Welch stated that education is the key and he expects the team to educate, outreach and involve people as much as possible. He agreed it would be good to work with the Department of Transportation. Ms. Sandoval noted that a task force is being formed to revisit the sign code and the results of those recommendations should be integrated into the downtown streetscape plan. Mrs. Medlicott asked for assurance that Main Street and the Chamber would be consulted. After furthef discussion and suggestions fegafding the downtown stfeetscape design and process, and viewing the initial alternatives, the council reached consensus that they afe comfortable enough with the progress to date and the suggested changes in orientation of the wave gallery to allow staff to contact the artist with the ideas suggested so far. NEW BUSINESS FIRE SERVICE CONSOLIDATION Mr. Timmons feviewed the packet material, noting the sequence and action to complete the actions and agreements necessary to further joint fife service operations. Ms. Robinson asked for clarification on the status of the Fire Hall. She thought it would remain City property. Mr. Timmons stated that the lease could be converted upon annexation; Ms. Robinson asked that the final resolution be clear that the transfer of the Fire Hall to the Fire District only occurs if thefe is annexation. (Lease and transfef "upon annexation" of the fire hall.....) Motion: Mr. Masci moved to approve in concept the "Summary of Key Points (October 12, 2006)" for agreements to further the fire service consolidation, with final action to occur following public hearing on property surplus, and in connection with reciprocal action by the Fire District with clarification that the term lease for the use of the Fire Hall can be converted upon annexation. Mrs. Medlicott seconded. Motion carried unanimously, 7-0, by voice vote. City Council Business Meeting Page 5 October 16, 2006 CITY MANAGER'S REPORT Mr. Timmons reported on the following: Asked if there were any objections to scheduling a public hearing on a City request for a Community Development Block Grant on behalf of Olympic Community Action Programs (OlyCAP). There were none, heafing will be schedule on November 6. Representative Norm Dicks will tour several facilities in Port Townsend including the Fire Hall and City Hall Annex. Consideration of property at the Business Park currently owned by the County as a location for the new police station. Mr. Watts stated he would be sending letters to the Pettygrove residents to notify them their street vacation will be denied due to the recent Superior Court decision. Mr. Watts noted that the Growth Management Board has ruled in favor of the City in the matter of Ms. Dorgan's appeal. ADJOURN There being no further business, the meeting was adjourned at 9:25 p.m. Attest: (/J --J). >:1(i I ) , . 1-':<...1 / / Pam Kolacy, CMC City Clerk c^ 'f)" , City Council Business Meeting Page 6 October 16, 2006