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HomeMy WebLinkAbout040708CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF APRIL 7, 2008 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the seventh day of April, 2008 at 6:30 p.m. in the Port Townsend City Council Chambers of City Hall, Mayor Michelle Sandoval presiding. ROLL CALL Council members present at roll call were Brent Butler, David King, Laurie Medlicott, George Randels, Michelle Sandoval, Mark Welch and Catharine Robinson. Staff members present were City Manager David Timmons, City Attorney John Watts, DSD Director Leonard Yarberry, Planning Director Rick Sepler, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA There were no changes proposed to the agenda. PROCLAMATIONS Mayor Sandoval read the following two proclamations: Disability Awareness Month -accepted by Pat Teal Financial Literacy Month -accepted by Peter Badame COMMENTS FROM THE PUBLIC (consent and non-agenda items) Stephen Boyd regarding distribution of Council meeting agendas. Joshua Bennun regarding code enforcement. Forest Shomer suggested setting aside a specific area in Kah Tai for the City to manage as a camping area. Karen Nelson presented a PTTV update. Susan Langlois regarding code enforcement. City Council Business Meeting Page 1 April 7, 2008 CONSENT AGENDA Motion: Ms. Robinson moved for approval of the following items on the consent agenda with one correction to minutes of March 17, 2008: second paragraph under "Unfinished Business" should read "Mr. Randels reported that at last week's WR1A meeting ,the City received a grant for leak detection equipment." Mr. Randels seconded. The motion carried unanimously, 7-0, by voice vote. Approval of Bills, Claims and Warrants: Vouchers 104338 through 104467 in the amount of $319, 335.90 Voucher ACH-EFTS in the amount of $55.85 Vouchers 104468 including ACH through 104480 in the amount of $137, 790.65 Voucher 104481 in the amount of $921.19 Approval of Minutes: March 10, 2008 March 17, 2008 March 24, 2008 March 31, 2008 (workshop) March 31, 2008 (special business) Lease with Transit for Visitor Information Center at Haines Park & Ride Action: Move to approve a lease with Transit for location of the Visitor Information Center at the Transit Center for 30 years for $1.00. Resolution 08-011, granting. final approval to Phoenix Addition, Plat Alteration No. 1, Application LUP07-073. Action: Move to approve Resolution 08-011, granting final approval to Phoenix Addition, Plat Alteration No. 1, Application LUP07-073. PUBLIC HEARING EXTENSION OF INTERIM ORDINANCES ORDINANCE 2969 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATING TO LAND USE AND ZONING, ADOPTING IMMEDIATE EMERGENCY INTERIM REGULATIONS ON THE ACCEPTANCE OF APPLICATIONS FOR DEMOLITION OR ALTERATION OF CERTAIN STRUCTURES EXCEPT AS ALLOWED BY THIS ORDINANCE, UNTIL THE CITY FINISHES THE PROCESS OF CODE REVIEW AND AMENDMENT RELATING TO DEMOLITION AND ALTERATION OF HISTORIC STRUCTURES; SUCH INTERIM REGULATIONS TO BE EFFECTIVE City Council Business Meeting Page 2 April 7, 2008 IMMEDIATELY, ESTABLISHING SIX MONTHS AS THE TENTATIVE EFFECTIVE PERIOD UNTIL THE COUNCIL PUBLIC HEARING ON THE CONTINUED MAINTENANCE OF THE INTERIM REGULATIONS, AND DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION OF INTERIM REGULATIONS ORDINANCE 2970 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATING TO LAND USE AND ZONING, ADOPTING AN IMMEDIATE EMERGENCY INTERIM REGULATION ON THE ACCEPTANCE OF APPLICATIONS FOR NEW DEVELOPMENT OR CERTAIN TYPES OF RE-DEVELOPMENT WITHIN THE CITY UNTIL THE CITY FINISHES THE PROCESS OF CODE REVIEW AND AMENDMENT RELATING TO BUILDING SIZE LIMITATIONS, SUCH INTERIM REGULATION TO BE EFFECTIVE IMMEDIATELY, DEFINING THE APPLICATIONS SUBJECT TO THE INTERIM REGULATION, PROVIDING FOR A PUBLIC HEARING ON THE INTERIM REGULATION, ESTABLISHING SIX MONTHS AS THE TENTATIVE EFFECTIVE PERIOD UNTIL THE COUNCIL PUBLIC HEARING ON THE CONTINUED MAINTENANCE OF THE INTERIM REGULATION, AND DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION OF AN INTERIM REGULATION ORDINANCE 2971 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATING TO LAND USE AND ZONING, ADOPTING AN IMMEDIATE EMERGENCY INTERIM REGULATION RE-DESIGNATING R-III ZONING WITHIN THE NATIONAL HISTORIC LANDMARK DISTRICT TO R-II UNTIL THE CITY FINISHES THE PROCESS OF CODE REVIEW AND AMENDMENT RELATING TO ZONING IN THE HISTORIC DISTRICT, SUCH INTERIM REGULATION TO BE EFFECTIVE IMMEDIATELY, PROVIDING FOR A PUBLIC HEARING ON THE INTERIM REGULATION, ESTABLISHING SIX MONTHS AS THE TENTATIVE EFFECTIVE PERIOD UNTIL THE COUNCIL PUBLIC HEARING ON THE CONTINUED MAINTENANCE OF THE INTERIM REGULATION, AND DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION OF AN INTERIM REGULATION City Council Business Meeting Page 3 April 7, 2008 Mayor Sandoval reviewed the rules of procedure for legislative public hearings. No Councilors stated they had any property or financial interest in the subjects of the public hearing. Mr. Watts reviewed the packet material, noting that the Growth Management Act of Washington allows the Council to adopt interim ordinances subject to public hearing within 60 days; after hearing public comment the Council can modify or rescind any or all of the ordinances. Mr. Watts presented a proposed amendment to Ordinance 2970, noting two changes. The first was a change to Section 2 to add R-I zoning which was inadvertently omitted from the original ordinance. The second was a table which would correct the FAR ratio to eliminate an anomaly which would require a smaller house on a 10,000 SF lot than allowed on a 9,000 SF lot. Public comment: Erik Van Bezeom spoke in support but stated that a particular project he is developing, which, although modest by all comparisons, could not be built within the scope of the interim ordinances and he hoped the Council could address this problem. Roger Jackson spoke in favor of saving the Hiram Morrison house which has been designated for demolition; he stated it is movable and should be saved and restored, even if it is in a different location. City Attorney Watts noted that public comment about specific projects is not appropriate for this evening's hearing, as the matter is going through the SEPA process and any appeals from the SEPA decision would be brought before the Council, which would act in aquasi-judicial capacity. For that reason, it is not appropriate for the Council to hear testimony about how to save that particular house, and comments should be limited to the content of the interim ordinances. Linda Maguire asked what the City is doing to save the National Historic District; she believes it is not appropriate to have stronger rules in place for the downtown district than the uptown district. She regrets that the situation has resulted in reviewing one application at a time rather than looking at rules for the district as a whole; that would avoid the problem of getting individual homeowners caught in the middle of a debate. She realized when several public notices were posted in the uptown area that she needed to take a closer look at changes in general. She stated that change occurring one permit at a time really needed to be addressed and asked the Council to take very seriously the changes which have been initiated with these interim ordinances. City Council Business Meeting Page 4 April 7, 2008 Robere LeHuquet stated he has visited Port Townsend for 25 years and now is a resident; he does not want to see the community change but wants to see it as it has been, with historic buildings intact. Forrest Rambo supported Ms. Maguire's remarks about looking at the character of the entire community, not just the historic main street area. He said he also became interested when he saw the postings uptown. He said he supports the Council in continuing the work on the interim ordinances and that they are going in the right direction. He raised a concern about accessory dwelling units and what the impact on an existing ADU would be if another structure is proposed under the interim guidelines. He noted that when he was on the City Council they went to great lengths to provide ADUs as a means of increasing affordable housing; he stated that with maximum bulk and density requirements, people may consider tearing down an ADU so that a single family home can be the size desired. Margaret Lee stated that Port Townsend is a National Historic Landmark District and the City has a responsibility to protect our historic homes. She stated she is in favor of continuing these interim ordinances and would like assurance that with the added responsibility to the Development Services Dept. adequate staff will be available to take care of the added responsibilities. She would also like to see specific references throughout the section of the Code that require compliance with the Department of Interior Standards for Historic Preservation. She commended the Historic Preservation Committee for their assistance in preserving historical structures; she suggested expanding the HPC membership to assist DSD. Bill Howard stated he has no broad perspective on the historical background although he and his wife thought the "McMansion" ordinance was great and he has seen too many homes built which do not match the community. He noted that he is building a house which is not within the limits of the ordinance but which is in character with the community; he asked the Council to carefully consider proposals by staff that would allow his project to fit within the ordinance. Amy Hiatt commended the staff for having put together a good refinement of Ordinance 2970, to clear up the anomaly of allowing a larger house on a smaller lot. With this change, she stated she is in favor of the interim ordinances. Joan Fiore asked the Council to consider the unintended consequences of the interim ordinances. She noted it is very important that anyone purchasing a home will know what covenants and constraints are in place. She also asked that anything possible be done to ensure civility; many falsehoods can be circulated about a project and no matter what regulations are put in place, it is not good to encourage divisiveness and unfair statements. Ruth Gordon stated she is a past member and leader of the historical properties survey team, a group of volunteers who recorded the various houses on site in the Historic District. She stated that people resist change but she hopes that the City City Council Business Meeting Page 5 April 7, 2008 Council will pro-actively love the Historic District, rather than just hating change. She stated that the City has a tremendous asset in the historic homes and in the National Landmark Historic District. She believes it is unusual that the City does not have restrictive covenants on historic seaport residences; she would welcome one on her home because it is part of an historic age in the town. She also agreed that it is good for people to know what they are getting into when they purchase an historic building. She stated that trades will suffer if buildings are demolished rather than preserved. She urged the Council to take action on the interim ordinances and added she would love to have the Victorian skyline you see coming into town on the ferry preserved. She asked that the Council continue to be proactive about historic preservation. There were no further statements from staff or questions from the Council to anyone who testified. Mayor Sandoval closed the public testimony portion of the hearing Mr. Welch noted that the ordinances may have some unintended consequences. He added that a pressing issue to him is the issue of accessory dwelling units; he would not like to see someone tear down an ADU to put up a slightly larger home. A solution might be to exempt the first 400 feet of an existing ADU on the property; this would be similar to exempting garages and would relieve some of the pressure on those who want to remodel or redevelop. Mr. Randels said that he is not persuaded that the Council should adopt such an exemption without thinking it through; if this amendment were made, it would create a "bonus" for a lot with apre-existing ADU. He suggested that this suggestion be made part of the discussion by the committee and staff who will be assigned to work through the ordinances. Motion: Mr Welch moved to amend Ordinance 2970 to exempt the first 400 feet of an existing ADU from the bulk and dimension requirements. The motion died for lack of a second. Ms. Robinson asked for clarification on the floor area ratio changes presented this evening. Mr. Watts explained that Exhibit A was put forward at the time of adoption of the interim ordinances; however after that, staff became aware of some anomalies or inequities in how the formula in Exhibit A would apply. The primary concern was that a larger lot could be required to have a smaller house as a result of applying the ration and the formula didn't make sense from that standpoint. Mr. King asked if the Council may be moving the rules around without looking at all aspects of the current situation in the City; the Council may be moving too rapidly toward a conclusion that is not well considered. City Council Business Meeting Page 6 April 7, 2008 Mr. Randels stated that he believes people who want to live in Port Townsend should be satisfied with a house 4700 square feet or smaller. He is in favor of correcting the anomaly that Mr. Watts pointed out but he still wants it to be well understood that this an interim measure for as short a term as possible; he would like to move as quickly as is reasonably possible while still being thoughtful about the implications. He stated he agrees that residents need to have rules they can rely upon so they can move forward with their lives and stated it is important to get permanent ordinances adopted. Mr. Sepler stated that this is an interim protection ordinance and the proposal as amended would provide adequate time to prepare a thoughtful approach so people can develop their property in a reasonable manner. The proposed interim ordinances seemed the most implementable in the short term although the long term solution maybe somewhat different. Ms. Robinson stated the interim ordinances will be useful in the short term. She added that she believes it is better to start out on the more restrictive side. Ms. Sandoval stated it was difficult to adopt commercial demolition regulations and it was not possible to get to residential demolition during that process. She asked that everybody get past the interest in property rights and self interest; she wants to get the task force going so people can build houses and make a living. Motion: Mrs. Medlicott moved to waive Council rules and dispense with two readings of an amendment to ordinance 2970. Ms. Robinson seconded. The motion carried unanimously, 7-0, by voice vote. Motion: Mr Randels moved for adoption of amendments to Ordinance 2970 as presented by sfaff (add R-1 to Section 2 and amended FAR table) this evening. Mr. Butler seconded. The motion carried unanimously, 7-0, by roll call vote. Motion: Mr. Randels moved to leave in place interim Ordinances 2969, 2970 (as amended) and 2971 for a period not to exceed six months from their adoption (Feb. 19, 2008) by adopting as findings the reasons set forth in those Ordinances. Ms. Sandova! seconded.. The motion carried unanimously, 7-0, by voice vote. RECESS Mayor Sandoval declared a recess at 8:06 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:20 p.m. City Council Business Meeting Page 7 April 7, 2008 NEW BUSINESS ORDINANCE 2975 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PTMC SECTION 10.40.020 TO PROHIBIT SKATEBOARDING AT HALLER FOUNTAIN AND TERRACE STEPS City Attorney John Watts stated that with adoption of this ordinance the prohibition on skateboarding on Washington Street between Monroe and Harrison would be extended to the adjacent Haller Fountain and Terrace Steps area. The City Parks staff has called attention to the fact that skateboarders are damaging the recently constructed improvements. Mr. Timmons noted there is a growing concern in the City about skateboards on sidewalks in general; staff recommends as follow-up action that the Pedestrian and Bicycle Safety Task Force review the current regulations as part of their task; he suggested this as a separate action if the Council desires an overall look at use of streets and sidewalks by bicycles and skateboarders. Mrs. Medlicott expressed dismay that no action has been taken on the overall issue to date but the Council is now asked to act on this particular area. Motion: Mrs. Medlicott moved to request that this should go to the Pedestrian and Bicycle Safety Task Force for a report back to the General Services Committee or City Council no later than 30 days from now on a recommendation regarding restricting bicycles and skateboards on the sidewalks in the historic districts. The motion died for lack of a second. Jim Todd stated that he has presented a petition signed by at least 180 people regarding multi-use pathways, saying that vehicles shall yield to pedestrians and overtake them at near walking speed after warning by bell or voice. He stated he was given short shrift by the Non-Motorized Transportation Advisory Board, that this restriction should apply City-wide and that the pedestrian safety ordinance would have solved these problems by now. He is concerned it will be postponed longer and stated that there is too much emphasis on bicycle safety and not pedestrian safety. Sally Robbins stated she has witnessed several instances of unsafe behavior by skateboarders and bicyclists but when she described these to the Police Department they said nothing could be done unless an officer observed the incident, according to the current law. Mr. Timmons stated that there are two issues: one is the current problem we want to solve at Haller Fountain; the other issue is more complicated and involves City Council Business Meeting Page 8 April 7, 2008 skateboards, bicycles, and scooters on streets, sidewalks and paths. That issue has fallen between the cracks because of the multiple issues involved. Mr. Randels agreed that the Council needs to deal with Haller Fountain; he also agrees with Mr. Todd that a look at these issues city wide should be taken, with exceptions made when appropriate. Motion: Mrs. Medlicott moved to refer this to the Generat Services Commiftee for their meeting tomorrow, have them do an evacuation and refer back to the Council for immediate action. The motion died for lack of a second. Motion: Ms. Sandoval moved for first reading of Ordinance 2975 and to then send the ordinance to the General Services Committee for review and a recommendation on expansion if necessary. Mr Randels seconded. Ms. Robinson stated she would prefer to waive rules and adopt the ordinance tonight and then move the larger issue to the bicycle and pedestrian safety task force. Mr. Welch stated he would also like to deal with the ordinance tonight; the task force should be encouraged to expedite the recommendation in a reasonable time frame. Mr. King agreed that action tonight on the Haller Fountain restrictions would be desirable. Vote: the motion failed, 2-5, with Randels and Sandoval in favor. Motion: Mr. Welch moved that Council waive rules and combine the first two readings of Ordinance 2975. Ms. Robinson seconded. The motion failed, 4-3, by voice vote, with Butler, Sandoval and Medlicott opposed. (Motion to waive rules needs 2/3 vote for approval) Motion: Mr. Welch moved for first reading of Ordinance 2975. Mr. King seconded. Motion carried unanimously, 7-0, by voice vote. Motion: Ms. Sandoval moved that the broader issue of pedestrian safety have oversight by the General Services committee starting tomorrow with input from Non- Motorized Transportation Advisory Board representatives who are scheduled to attend. Mr _Randels seconded. Vote: motion carried, 6-7, Robinson opposed. PRESIDING OFFICER'S REPORT Mayor Sandoval noted that Governor Gregoire will be in Port Townsend on Thursday. City Council Business Meeting Page 9 April 7, 2008 CITY MANAGER'S REPORT Mr. Timmons reported on the following: He will serve on the long range planning committee for Jefferson Healthcare. The City's sales tax has held during the first quarter. Snow Creek property transfer of 160 acres for 80 acres near Jacob Miller Road is in progress. Half day DSD staff retreat scheduled for Wednesday. FUTURE AGENDAS Mayor Sandoval noted that Mr. Randels has a conflict on Saturday, April 26, the day of the scheduled Council retreat. Consensus was to reschedule the retreat for Saturday, April 19, from 9:00 a.m. to 1:00 p.m. ADJOURN There being no further business, the meeting was adjourned at 9:15 PM. Attest: ~~ ~~~ ~ Pam Kolacy, MMC City Clerk City Council Business Meeting Page 10 April 7, 2008