Loading...
HomeMy WebLinkAbout080607 CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF AUGUST 6, 2007 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the sixth day of August, 2007, at 6:30 p.m. in the Port Townsend City Council Chambers of City Hall, Mayor Mark Welch presiding. ROLL CALL Council members present at roll call were Frank Benskin, Laurie Medlicott, Catharine Robinson, George Randels, Michelle Sandoval, and Mark Welch. Geoff Masci was excused. Staff members present were City Attorney John Watts, Long Range Planning Director Rick Sepler, Senior Planner Judy Surber, Public Works Director Ken Clow, Library Director Theresa Percy, Sergeant Ed Green, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Due to the number of citizens on hand for the item regarding docketing a request for an Indian Island Environmental Impact Statement, Mayor Welch proposed that the item be moved forward and placed directly after the consent agenda. There were no objections. PRESENTATION John White, Director of Terminal Engineering for the Washington State Ferry System, briefed the Council on the decision to resume public process for the Keystone and Port Townsend terminal improvement projects and planning study. He noted that the next community partnership meeting has been scheduled and the findings of the partnership process will be released later this year. COMMENTS FROM THE PUBLIC (Consent or non-agenda items) Karen Nelson - representing Make WAVES, asked that the City commit funds to resurfacing the swimming pool so that it can be maintained until a new facility is in place. Cecilia Bahls and Abigail McGuire from Swan School spoke in support of the Port Townsend Public Library. City Council Business Meeting Page 1 August 6, 2007 Mr. Timmons noted that he has directed the Public Works Department to solicit bids on pool resurfacing. CONSENT AGENDA Mayor Welch stated that he would like to remove item "F" Uptown Ad-hoc Design Related Strategies and Parking Strategies Committee Membership and reschedule for a future meeting. There was no objection. Mr. Randels offered a correction to the July 16 minutes, page 4; " Mrs. Medlicott asked how much C II z8RiAg takes away from the commercial inveRtory commercial inventory would be lost bv chanqinq C-II zoninq to C/MU. " Mr. Randels asked (in regard to the waiver of Pope Marine Building fees for the Port Townsend Film Festival) whether the City had any sort of "weaning" process for non-profits that benefit from such waivers for several years. It was noted there is no formal policy; discussion about the fee structure will be tracked as a possible addition to next year's work plan. In light of questions from Mr. Randels, consensus was to pull item "G" Modification of Atwell Utility and Open Space Easement from the Consent Agenda and place under New Business. Motion: Ms. Sandoval moved to adopt the following items on the Consent Agenda. Ms. Robinson seconded. The motion camed unanimously. Approval of Bills. Claims and WafTants Vouchers 102193 through 102195 in the amount of $15,361.24 Vouchers 102209 through 102308 in the amount of $243,083.81 Approval of Minutes: July 9, 2007 July 16,2007 PTTV Transition - Contract for Interim Services Action: Move to approve contracting for interim production manager services at PTTV, and to authorize City Manager to execute necessary contracts related thereto. Resolution 07-024, endorsing the 2007 Port Townsend Film Festival, and waiving rental fee for use of the Pope Marine Park Bldg. Resolution 07-025, authorizing City Manager to award and execute a contract for the purchase and installation of an in-car video system to Coban Research and Technologies, Inc. City Council Business Meeting Page 2 August 6, 2007 SUGGESTIONS FOR NEXT OR FUTURE AGENDAS Indian Island Environmental Impact Statement Mr. Randels suggested that if the item is docketed, a courtesy call be placed to the Commander at Indian Island to invite a representative to be present at the meeting. Motion: Mr. Benskin moved that the Council docket the item as soon as possible and invite staff from Indian Island to the meeting. Ms. Robinson seconded. The motion carried unanimously, 6-0, by voice vote. PUBLIC HEARINGS Mayor Welch read the rules of procedure for public hearings prior to the two hearings. ITEM 2 OF PRELIMINARY DOCKET 2007 AMENDMENTS TO THE COMPREHENSIVE PLAN, LAND USE MAP, ZONING MAP AND DEVELOPMENT REGULATIONS Mayor Welch called for any financial or conflict of interest disclosures. Mr. Randels noted that he dealt with this issue and others on the docket as Chair of the Planning Commission but believes he can approach the issue fairly and impartially in this context. Mayor Welch stated that he received a postcard in regard to the issue from a neighborhood resident. There were no objections from Councilor public to all members participating in the hearing and decision. Senior Planner Judy Surber reviewed the packet material, noting this is a continued hearing from July 16. The reason for continuation of this item was to give staff time for additional notification to property owners in the area. Notice was mailed and staff personally contacted all owners, reaching all but one. She reviewed the staff report on the amendment proposed by the applicant and the alternative amendment proposed by the Planning Commission. Public Comment City Council Business Meeting Page 3 August 6, 2007 Mayor Welch noted the proponent was not present. No one wished to speak in favor of the amendment. Those speaking against the amendment: Judith Rubin expressed strong opposition to rezoning any part of the designated property, stating that this is a rural residential neighborhood. Holly Messier stated she is very much opposed to docketing either amendment. Doris Loeschen said she is very opposed to changing zoning to R II and questioned why any of the area is zoned R III. Elinor Tatham: very opposed to changing zoning; she bought property with the current zoning in mind. She stated there is plenty of foot and car traffic now and a higher density that the Comprehensive Plan suggested will change the character of the neighborhood. Peter Bahls: very much opposes the rezone, stating this is a rural established neighborhood, and most people live on 4-8 lots with the main access to Cappy's Woods close by. He can't believe there was ever support for commercial zoning and that rezoning would be totally contrary to what people in the neighborhood want. He urged the Council to decline to docket the item. Sue Long has lived in the neighborhood since 1990, knowing that it was zoned R-1. She supports dense housing and walkable communities but thinks the apartment complexes in the area already provide density. She stated she wants the process to grow slowly, with infill on San Juan, for example. She added that there is a wetlands area involved. Susan Langlois submitted written comments and noted that each option proposed focuses on upzoning rather than evaluating which zoning between Howard and Thomas would meet the ideal of the Comprehensive Plan. She believes action at this time would be taken in isolation rather than as part of a whole. She noted other issues such as the fact that within the R-1I1 zone, projects have been developed as single family sites; some restrictive covenants are in place; whether developers can choose the density of projects or if they would be required to build to a maximum density in upzoned areas; wetlands in the middle of Howard would prevent it from becoming a viable arterial. Eric Kuzma: submitted written comments, spoke in opposition to docketing the item. He noted he purchased his property knowing that the zoning was R-1. He stated that the domino affect of the amendment would defeat the purpose of zoning. He stated there are already over 205 houses that will serve the commercial district, including Hamilton Heights and KKCH. The presence of this density south of Hastings is exactly whey the rural R-I should be protected. He City Council Business Meeting Page 4 August 6, 2007 added that there is a potential of 52 cars per block if built out according to the proposed zoning; private developments such as Tree House and Umatilla Heights are not affordable. He stated he has talked to all property owners except the developer and all are against either option. Laurel Solana stated she purchased lot 21 precisely because of the rural character of the neighborhood. Scott Walker stated that people have to choose sprawl or density and he would choose density. He understands why Planning Commission made their recommendation as it makes sense to avoid an island of particular zoning. He supports docketing without block 23, and says it would be premature to zone to a much higher density. He would support docketing to look at the blocks on that peninsula. Chad Hager spoke in opposition to having his property rezoned (parts of block 19 and 22). Laurel Solano - thanked Ms. Surber for personally calling and answering many questions. Gordon Missel said he is opposed to rezoning because density should occur closer to the downtown and uptown areas. Staff response: Ms. Surber noted that many of the issues raised would, if the item were docketed, be addressed through the SEPA analysis. She added that a portion of the affected area lies within Basin 4, but that the basin divide does not exactly follow the zoning. She added that the Planning Commission has requested a white paper from staff regarding revisiting the viability of mixed used centers. She added that the reason lots 21,22 and 23 would be included in the amendment is that it would "spread the net" a bit further at this time rather than having to revisit in the future. Council questions: In answer to Ms. Sandoval's questions, Ms. Surber noted that the amendment addressing minimum density requirements has been docketed and that Exhibit K-2 does not show the entire R-III area as it goes further south than the boundary of the exhibit. She also explained the delineation of the Basin 3 area. Ms. Sandoval asked about the white paper requested by Planning Commission; Mr. Sepler stated that he anticipates having an analysis of the existing zoning within a month. City Council Business Meeting Page 5 August 6, 2007 In response to Mr. Benskin's question, Mr. Sepler noted that none of the area is served yet by the sewer system and a new lift station will be necessary before that service can be extended to the area. Ms. Robinson requested that a zoning map be provided in Chambers for Council's use. Ms. Surber confirmed Ms. Robinson's understanding that the amendment options are driven by a particular developer's request. Mr. Randels noted that if this is docketed it will go through the SEPA process and come back to the Council at which point the amendment can be accepted as is, accepted with reduction of the area to be re-zoned, or the amendment can be rejected. Mr. Watts confirmed that the Council could reduce the re-zoning area but not increase it; in addition, a use not considered under SEPA analysis cannot be considered as an addition to the amendment. In response to Ms. Robinson's question, Ms. Surber noted that the SEPA process involves mailed notice asking for comments on environmental issues; forwarding to Planning Commission for a public hearing with mailed notice to property owners and parties of interest; and a public hearing before the City Council, with mailed notice. Speaker response to staff comments: Elinor Tathum stated the SEPA process will be very expensive and suggested the Block 23 developer could be required to foot the bill. Judith Rubin said that docketing this item will catalyze the neighborhood in opposition; the group would be very thorough in their examination of the SEPA. Doug Mason stated that rather than spending time and energy trying to find a way to support a commercial mixed zone at Howard and Hastings it might be a good idea to go back and take a look at the assumptions in place at the time of the Comprehensive Plan adoption and see if they still apply, for example, that Howard would run all the way to Cook and Discovery. Mayor Welch declared public comment closed. Motion: Mr. Randels moved to add Alternative Item #2 to the final docket as recommended by Planning Commission. Ms. Sandoval seconded. Discussion ensued, with Council members asking about the timeline for staff bringing information to the Planning Commission that would lead to a more comprehensive look at zoning and mixed use centers within the entire city. Ms. City Council Business Meeting Page 6 August 6, 2007 Surber noted that information will be available in time to docket items for next year's amendment cycle. Motion withdrawn: Mr. Randels noted he does not disagree with putting this off as long as the Council will get to a comprehensive look at the issues in a timely manner; he noted that planning and zoning is based not on present infrastructure but on the long term plan and stated he would be willing to withdraw his motion. There were no objections. RECESS Mayor Welch called a recess at 8:18 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:31 p.m. PUBLIC HEARING ORDINANCE 2950 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PTMC SECTION 17.72.020 AND RE-ENACTING AND EXTENDING INTERIM PARKING REGULATIONS FOR RESIDENTIAL DEVELOPMENT IN THE UPTOWN C-1I1 COMMERCIAL DISTRICT ADOPTED BY ORDINANCE 2928 City Attorney John Watts reviewed the packet materials, noting that staff recommends extending the interim regulation until the process can be finalized. The extension would be for six months but the process will probably be completed sooner. There was no public comment. Motion: Mr. Benskin moved that the Ordinance be amended to include the C-III Commercial District with all necessary changes to the wording. Mrs. Medlicott seconded. Discussion ensued regarding process. Mr. Watts noted that Council could proceed by either accepting the staff's recommendation to extend the interim ordinance preserving the status quo; or direct staff to bring forward a separate ordinance at the next meeting which would address commercial parking. He stated he is not comfortable to making amendments to the current ordinance without more thought to the wording. Mr. Watts noted that the current interim ordinance expires on August 20. City Council Business Meeting Page 7 August 6, 2007 Mrs. Medlicott stated she would withdraw her second; the motion was withdrawn without opposition. Motion: Mr. Benskin moved to direct staff to prepare an alternative ordinance for the next meeting, which would include the C-III Commercial District. Motion failed, 2-4, Benskin and Medlicott in favor. Motion: Mr. Randels moved to waive Council rules on two readings and adopt Ordinance 2950. Vote on the motion to waive rules failed, 4-2 (5 needed to pass), by voice vote, Benskin and Medlicott opposed. Vote on first reading of Ordinance 2950 carried, 5-1, by voice vote, Medlicott opposed Motion: Mr. Benskin moved to direct staff to prepare an ordinance that would rescind interim uptown commercial C-II district parking regulations and reinstate the previously enacted parking regulations. Mrs. Medlicott seconded. Motion failed, 2-4, by voice vote, Benskin and Medlicott in favor. UNFINISHED BUSINESS ORDINANCE 2948 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING SECTION 10.32.130 AND AMENDING SECTIONS 10.32.010 AND .140 OF THE PORT TOWNSEND MUNICIPAL CODE RELATING TO HELMET REQUIREMENTS AND DECLARING ACTIONS NEEDED TO IMPLEMENT A COMPREHENSIVE BICYCLE EDUCATION PROGRAM City Attorney John Watts reviewed the packet materials, noting that Council approved first reading of the ordinance on July 16. Public comment David McCulloch stated that he hopes the Council will take action on policies that will improve conditions for cycling and thus increase bicycle use. Motion: Ms. Robinson moved for adoption of Ordinance 2948. Mr. Randels seconded. Motion to amend: Mr. Benskin moved to amend the motion to add a requirement that persons under 18 years of age be required to wear helmets. Mrs. Medlicott seconded. Motion failed, 2-4, by voice vote, Benskin and Medlicott in favor. City Council Business Meeting Page 8 August 6, 2007 Vote on motion to adopt Ordinance 2948 canied, 4-2, by roll call vote, Benskin and Medlicott opposed. NEW BUSINESS LIBRARY CAPITAL PLAN Mr. Timmons reviewed the packet material, noting that the Community Development/Land Use Committee has reviewed the Library Capital Plan concept and recommends that the full Council approve it. He added that accepting the conceptual plan will allow the Library Foundation to pursue fund raising strategies; it does not preclude other options that may be brought forward in the future and does not mean that Council is making a commitment to fund the project at this point. I n answer to a question from Mrs. Medlicott, Mr. Timmons noted that there is currently no dollar figure attached to the project; no money will be added to the 2008 budget but the funding plan will evolve among the public and private partners; funding strategy may include voter-approved financing. There was no public comment. Motion: Ms. Robinson moved to adopt the recommendation of the Community Development and Land Use Committee to accept the Library Capital Plan concept and incorporate the recommendations into the 2008 capital budget proposal. Ms. Sandoval seconded. The motion carried unanimously, 6-0, by voice vote. RESOLUTION NO. 07-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, PROVIDING FOR THE REFERRAL TO THE QUALIFIED ELECTORS OF THE CITY AT A SPECIAL ELECTION TO BE HELD THEREIN ON THE 6TH DAY OF NOVEMBER 2007, OF THE PROPOSITION OF WHETHER THE PRESENT COUNCIL-MANAGER PLAN OF GOVERNMENT UNDER WHICH THE CITY OPERATES PURSUANT TO CHAPTER 35A.13 RCW SHOULD BE ABANDONED, AND THE MAYOR- COUNCIL PLAN OF GOVERNMENT UNDER THE PROVISIONS OF CHAPTER 35A.12 RCW SHOULD BE ADOPTED IN ITS PLACE City Attorney John Watts reviewed the packet material, noting that by adopting this Resolution, the Council is essentially fulfilling a legal requirement. Upon Auditor certification of a valid petition asking for change of form of government, state law provides that the City Council pass a resolution asking the auditor to set an election. He noted that if the change of government is voted in, this will not City Council Business Meeting Page 9 August 6, 2007 affect the terms of office of the sitting Councilors; however a Mayor would be elected, probably in February or March. Motion: Mr. Randels moved for adoption of Resolution 07-026. Mr. Benskin seconded. The motion carried unanimously, 6-0, by voice vote. INITIATION OF FEES FOR DISPOSAL OF YARD WASTE AT THE CITY BIOSOLlDS COMPOST FACILITY Public Works Director Ken Clow reviewed the packet material, noting this is a joint City and County issue. He added this is a first touch and that the issue was forwarded to the full Council by the Public Works Committee for consideration in coordination with the Jefferson County Board of Commissioners. Staff's recommendation is that Council appoint a representative to work with BOCC representatives CitylCounty staffs on the issue. Mr. Randels noted that the notion of "free" service for residential users under the present system is potentially misleading because there is a commercial charge for large DM trucks collecting at the curb. Mr. Clow replied that currently City residents do pay for that service as part of their solid waste collection service. Since the County would incur a cost to process each DM vehicle (approximately $5 per transaction), the County would collect the $5 for each DM transaction and those costs would come out of the City's revenue from the yard waste operation - there would no additional charge to City solid waste customers resulting from the transaction fee. In response to Mr. Benskin, Mr. Clow noted that taking in yard waste has not been a benefit to the City and the net cost to the utility is about $250,000 per year. Motion: Mr. Welch moved to appoint George Randels as the Council representative to work with BOCC representative(s) and City/County staff to formulate a joint City/County position on the intitiation of charging fees for the disposal of yard waste at the City Biosolids Composting Facility. Ms. Sandoval seconded. The motion cafTied unanimously, 6-0, by voice vote. ATWELL UTILITY AND OPEN SPACE EASEMENT AT FIR AND C STREETS Mr. Timmons reviewed the packet materials, stating that the easement resulted from a statutory street vacation settlement made prior to a Court ruling that this plat would not be eligible. Applicant applied for a building permit, then had to accept an alternate pre-fabricated unit; there were also accessibility issues resulting in construction of a ramplstairway that was constructed three feet into the setback. He stated that staff negotiated a settlement so the matter could be City Council Business Meeting Page 10 August 6, 2007 resolved. Mr. Timmons noted that it is an example of things done with best intentions but mistakes which were compounded. Mr. Randels stated that is the staff report should have specified that the structure into the setback was a ramp rather than a stairway. He noted that he is willing to accept this settlement but would have appreciated a better explanation of the issue in the packet materials. Ms. Sandoval noted that the City needs to take its time when making decisions regarding public rights of way; she added that there have been other problem issues with building permits for manufactured homes; she also stated that it is a bad practice to go ahead with a project knowing it is not in compliance and ask for permission after completion. There was no public comment. Motion: Mr. Randels moved to approve reduction of the City utility and open space easement from 15 feet to 12 feet in C Street at Fir. Mr. Benskin seconded. The motion cafTied unanimously, 6-0, by voice vote. PRESIDING OFFICER'S REPORT Motion: Mr. Welch moved to approve the following appointments to the Alternative Electric Management Committee. Ms. Robinson seconded. The motion canied unanimously, 6-0, by voice vote. Position 1 Position 2 Position 4 Position 7 Position 8 Position 9 Position 12 Position 13 Council Public facilities Energy & Emissions Communications Energy Efficiency Renewable Energy Citizen at Large Citizen at Large George Randels Larry Crockett Kees Kolff Ned Schumann Crispin Hollinshead Jeff Randall Jerry Speickerman Bill Wise Mr. Welch noted that further appointments would be forthcoming. Mr. Welch also noted that as appointments are proposed, Councilors should receive a list of current committee members as well as information on all applicants for a vacant position. Ms. Sandoval moved to accept the Mayor's recommendation and confirm the following Commission/Committee appointments. Mr. Randels seconded. The motion canied unanimously, 6-0, by voice vote. City Council Business Meeting Page 11 August 6, 2007 Planning Commission: Jerauld L. Fry (position 7, term expires 12-31-2009) Design Review Advisory Committee: Amy Dahlberg (position 3, expo 5-1-09) CITY MANAGER'S REPORT Finance Committee and staff continue to work on the utility rate study; it will come before Council for discussion soon. Hazard grants submitted for Taylor Street sidewalk and Surf property. Budget schedule in process; target of November 1 for adoption. Jeff Com has agreed to reduce bill by $47,000 for 2008. Finance Director is actively pursuing the auditor's basis for election charges. ADJOURN There being no further business, the meeting was adjourned at 10:00 p.m. Attest: /~ . T (,) ~/ /i \ ;};"'/' 1\ /' .,< <>-.0. . ~ ",././t,)) \ i " , Pam Kolacy, CMC City Clerk City Council Business Meeting Page 12 August 6, 2007