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HomeMy WebLinkAbout071706 . CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF JULY 17, 2006 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this seventeenth day of July, 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, Catharine Robinson, Michelle Sandoval, Scott Walker and Mark Welch. Laurie Medlicott was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, DSD Director Leonard Yarberry; Police Chief Conner Daily; City Clerk Pam Kolacy. CHANGES TO THE AGENDA . There were no changes to the agenda. PUBLIC COMMENT (Consent and non-agenda items) The following spoke in support of the swimming pool and urged the Council to make every effort to keep the pool open and/or build a new facility: . Nancy Alvarez Cameron McPherson Annette Huenke Liesl Slabaugh Miriam Lansdon Delle Craig Therese Landstrom Bill LeMaster Deborah Olsen Forest Shomer Mary Winters Calinda Meister Frank Converse Mel Dyer City Council Business Meeting Page 1 July 17, 2006 . Pete Meister Sue Long Karen Nelson Dane Winters Judy Surber Cliff Wood Joey Pipia thanked the Council for scheduling a closed record public hearing on Tuesday, July 25, to deal with procedural matters in the Rosecrans Terrace appeal. City Manager Timmons addressed several concerns raised by the speakers in regard to the pool. CONSENT AGENDA Motion: Mr. Walker moved to adopt the following items on the Consent Agenda. Ms. Robinson seconded. The motion carried unanimously, 6-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 98456 through 98474 in the amount of $6,600.51 Vouchers 98487 through 98598 in the amount of $111 ,824.19 Approval of Minutes: July 3, 2006 . Rosecrans Terrace Appeal: Set closed record public hearing on procedural matters for Tuesday, July 25, 2006. Action: Move to set a special City Council meeting for July 25, 2006 for the purpose of hearing only the issues (referred to as procedural issues) raised in Mr. Pipia's and Ms. Langlois' May 25 letter, with the following procedures: any written submittals for a July 25 meeting be submitted by the preceding Thursday, that the estimated time of hearing would not exceed one hour, with a recommended oral argument time not to exceed 10 minutes per side (and more if requested and allowed by Council). Resolution 06-018, Transportation Improvement Plan Amendment Action: Move to approve Resolution 06-018, amending the 2007-2012 Six- Year Transportation Improvement Program to change the funding status of a project and authorizing the City Manager to submit the revised TIP to the State. . City Council Business Meeting Page 2 July 17, 2006 . OLD BUSINESS ORDINANCE 2924 AN ORDINANCE AMENDING TABLE 17.22.020 OF THE PORT TOWNSEND MUNICIPAL CODE PERMITTING BOAT SALES, REPAIRS, MAINTENANCE AND STORAGE IN THE C-II AND C-1I1 ZONES OF BLOCKS 4 AND 93 OF THE ORIGINAL TOWNSITE OF PORT TOWNSEND Senior Planner Judy Surber reviewed the packet material, noting that the Council approved first reading of the Ordinance on July 3, 2006. She noted one additional comment letter (in favor) has been received and is included in the packet. There was no public comment. . Motion: Mr. Masci moved to adopt Ordinance 2924. Mr. Benskin seconded. The motion carried unanimously, 6-0, by roll call vote. ORDINANCE 2925 AN ORDINANCE VACATING A PORTION OF 21ST STREET LYING BETWEEN HILL STREET AND JACKMAN STREET AND WHICH LIES IN TWO SEPARATE PLATS, THE EISENBEIS ADDITION AND THE O.C. HASTINGS SUPPLEMENTAL ADDITION; ESTABLISHING CONDITIONS TO THE STREET VACATION; AND ESTABLISHING AN EFFECTIVE DATE City Attorney Watts reviewed the packet material, noting this is a follow up action to the December 19, 2005 Council action granting preliminary approval and setting forth conditions for final approval. Conditions have been met and final approval is requested. There was no public comment. Motion: Ms. Sandoval moved to waive Council rules requiring two separate readings of the ordinance. Mr. Masci seconded. Motion carried unanimously, 6-0, by voice vote. . Motion: Mr. Masci moved for adoption of Ordinance 2925. Ms. Sandoval seconded. The motion carried unanimously, 6-0, by roll call vote. City Council Business Meeting Page 3 July 17, 2006 . ORDINANCE 2926 AN ORDINANCE VACATING AN ALLEY RIGHT-OF-WAY LYING BETWEEN SOUTH OF LOTS 15 & 16, BLOCK 75 OF THE FOWLER'S PARK ADDITION TO THE CITY OF PORT TOWNSEND; ESTABLISHING CONDITIONS TO THE STREET VACATION; AND ESTABLISHING AN EFFECTIVE DATE City Attorney John Watts reviewed the packet materials, noting that preliminary approval of the street vacation was granted by the Council on April 18, 2006 and that conditions for the vacation have been met. There was no public comment. Ms. Sandoval disclosed that she sold the applicants their property but that this will not influence her decision and she has no financial or property interest in the outcome. Motion: Mr. Masci moved to waive Council rules requiring two separate readings of the ordinance. Mr. Benskin seconded. The motion carried unanimously, 6-0, by voice vote. Mr. Masci disclosed that the Hodges are his neighbors. . Motion: Mr. Masci moved to adopt Ordinance 2926. Ms. Sandoval seconded. The motion carried unanimously, 6-0, by roll call vote. ORDINANCE 2916 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING TITLE 17, ZONING OF THE PORT TOWNSEND MUNICIPAL CODE, DEFINING AND REGULATING ADULT ENTERTAINMENT ESTABLISHMENTS ORDINANCE NO. 2917 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING FINDINGS AND CONCLUSIONS DEMONSTRATING THE NEED FOR REGULATION OF ADULT ENTERTAINMENT FACILITIES; ESTABLISHING REGULATIONS GOVERNING THE LICENSING AND OPERATION OF ADULT ENTERTAINMENT FACILITIES; ADDING A NEW CHAPTER 5.92 TO THE PORT TOWNSEND MUNICIPAL CODE; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. . City Council Business Meeting Page 4 July 17, 2006 . ORDINANCE 2927 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, EXTENDING A MORATORIUM ON THE FILING OF APPLICATIONS FOR LICENSES, PERMITS AND APPROVALS FOR ADULT BUSINESSES City Attorney Watts reviewed the packet materials and presented a zoning map of the proposed adult business district with the potential siting restrictions included. There was no public comment. Mr. Masci stated Upper Sims Way would be a better area for the zone as there are no children-related activities there. Discussion ensued regarding what constitutes "reasonable opportunity" for location of businesses and whether excluding certain specific types of businesses would result in potential discrimination. Motion: Mr. Masci moved for adoption of Ordinance 2916. Ms. Robinson seconded. . Amendment: Ms. Robinson proposed to amend the motion to include language in Table 17.20.0202 to add "Pope Marine Park, Skateboard Park and Memorial Field in the list offacilities which must be at least 150 away from Adult Entertainment Facilities. Ms. Sandoval stated she wished to disclose that she owns property in the C-III Commercial Historic District. She did not own the property in November when the issue was originally being discussed. Vote: the motion as amended carried, 4-2, by roll call vote, Benskin and Masci opposed. Motion: Mr. Masci moved for adoption of Ordinance 2917 with the addition of language in 5.92.075 that "All fees are payable in advance at the time of submittal of the application and are non-refundable" and removal of references to amounts which will be established by resolution. Ms. Robinson seconded. The motion carried, 4-2, by roll call vote, Benskin and Masci opposed. NEW BUSINESS . JEFFERSON COUNTY HISTORICAL SOCIETY GUIDELINES FOR MAJOR DONOR RECOGNITION PLAQUES IN HISTORIC CITY HALL City Council Business Meeting Page 5 July 17, 2006 . City Manager Timmons reviewed the packet materials. There was no public comment. Motion: Mr. Masci moved to approve Jefferson County Historical Society guidelines for room naming opportunities for major donors to the Historic City Hall interior restoration project. Ms. Robinson seconded. The motion carried unanimously, 6-0, by voice vote. REVIEW OF PTMC SECTIONS APPLICABLE TO TOURIST ACCOMMODATIONS AND ACCESSORY DWELLING UNITS Mr. Timmons reviewed the packet material, noting this was the subject of in box workshop meeting on July 10. There was no public comment. Ms. Sandoval spoke in support of reviewing the issue because so many people are using their ADUs illegally at present. She added that she objected to the Council tasking staff in individual land use application issues. . Motion: Mr. Masci moved to assign review of the Middelburg application to staff including review of discrepancies and inconsistencies of the code; assign review of zoning code regulations regarding tourist accommodations and accessory dwelling units to the Planning Commission and request they fit into their work plan when time is available, with further solicitation of opinion of the review of the Planning Commission decision by the COILU Committee and the Lodging Tax Advisory Committee prior to Council action. Ms. Robinson seconded. The motion carried unanimously, 6-0, by voice vote. PTTV OPERATING RULES Mayor Welch reviewed the packet material. There was no public comment. Motion: Mr. Masci moved to approve revised PTTV Operating Rules. Mr. Benskin seconded. Amendment: Ms. Robinson proposed to amend the rules by not including a specific number of cable subscribers in the text since that will change over time. Council accepted the amendment. Vote: motion as amended carried unanimously, 6-0, by voice vote. . City Council Business Meeting Page 6 July 17, 2006 . RESOLUTION 06"019 A RESOLUTION OF THE CITY OF PORT TOWNSEND, WASHINGTON, DESIGNATING AN AMERICANS WITH DISABILITIES ACT COORDINATOR AND ADOPTING AN AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE City Manager Timmons reviewed the packet material and noted minor scrivener's errors which will be changed. He noted this is a housekeeping measure to ensure that the City is in compliance with the Act. There was no public comment. Motion: Mr. Masci moved for approval of Resolution 06-019. Mr. Benskin seconded. The motion carried unanimously, 6-0, by voice vote. HEARING EXAMINER APPOINTMENT City Attorney John Watts reviewed the packet materials. There was no public comment. . Motion: Ms. Robinson moved to appoint Phillip Olbrechts of the Law Firm of Ogden Murphy (Seattle) to serve as the City's Hearing Examiner, and authorize the City Manager to execute a professional services contract with Mr. Olbrechts (with backup in the event of unavailability to be provided by another member of the Ogden Murphy firm). Ms. Sandoval seconded. The motion carried, 5-1, by voice vote, Benskin opposed. PRESIDING OFFICER'S REPORT Mayor Welch reported on the following: Funding from Public Infrastructure Fund for Upper Sims Way 2006-2008 in the amount of $675,000. Discussions with Navy's public relations director resulted in agreement to film three programs to be aired on PTTV with DVD copies available for the public. CITY MANAGER'S REPORT Mr. Timmons reported on the following: Comprehensive Bicycle Safety Education Program - will schedule workshop in . August for in depth presentation. City Council Business Meeting Page 7 July 17, 2006 . Snohomish PUD proposal for tidal generators in Port Townsend Bay; City may file motion with FERC to intervene. Motion: Mr. Masci moved that Council instruct staff to generate a motion to intervene on behalf of the City of Port Townsend to the Federal Energy Regulatory Commission relative to the Snohomish County PUD application and to seek efforts to partner with Jefferson County and the Public Utility District governmental bodies as either co-signators or co-participants. Ms. Sandoval seconded. Motion carried unanimously, 6-0, by voice vote. STANDING COMMITTEE REPORTS No additions to reports in the Council packet. ADJOURN There being no further business, the meeting was adjourned at 9:28 p.m. . Attest: ).'7). rLJ/'cA /_,/(1 i.\ I) Pam Kolacy, CMC City Clerk ("J. . City Council Business Meeting Page 8 July 17, 2006