Loading...
HomeMy WebLinkAbout080408• CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF AUGUST 4, 2008 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the fourth day of August 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, Michelle Sandoval, George Randels, Catharine Robinson, Laurie Medlicott and Mark Welch. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, Planning Director Rick Sepler, Senior Planner Judy Surber, DSD Director Leonard Yarberry, and Legal Assistant Joanna Sanders. INTRODUCTION OF SISTER CITY STUDENTS AND WELCOME FROM MAYOR • AND CITY MANAGER Catherine McNabb introduced a group of youth visiting from Sister City Ichikawa, Japan. COMMENTS FROM THE PUBLIC (consent and non-agenda items) Ken Mikkelsen commented on issues surrounding a street development permit for his property at 56th and Gise. He presented packets to Council outlining his frustrations in working with the City. Mr. Timmons commented that in discussions with staff he has not seen the heavy handedness to which Mr. Mikkelsen refers. David Goldman urged Council to protest new implementation of Washington State ferry system surveillance cameras. CONSENT AGENDA Motion: Mrs. Medlicott moved for approval of the following items on the consent agenda. Mr Randels seconded. • City Council Business Meeting Page 1 August 4, 2008 Mr. Randels noted a correction to the July 21, 2008 Minutes. Page 5, last paragraph, • second sentence, striking the word `»ot." C. Resolution 08-027, endorsing the 2008 Port Townsend Film Festival and waiving rental fee for use of the Pope Marine Park Building D. Resolution 08-028, authorizing the Cify Manager to execute a collective bargaining agreement with Local Union No. 589 of the International Brotherhood of Teamsters for Police Department employees effective January 1, 2008 through December 31, 2010. Vote on Motion: Motion carried unanimously, 7-0, by voice vote. PUBLIC HEARING PORT TOWNSEND MUNICIPAL CODE AND SHORELINE MASTER PROGRAM REVISIONS AND CLARIFICATIONS ORDINANCE 2982 (OMNIBUS), REVISIONS AND CLARIFICATIONS TO PTMC TITLES 17, 18, 19 AND 20 Mayor Sandoval read the rules of order for public hearings. No Council members • stated they had any interests, either financial or property, in the outcome of the hearing. Senior Planner Judy Surber reviewed the agenda packet and the recommended amendments to the ordinance in each section. She referred to the July 28 Staff Memo containing responses to Council's questions from the June 23 Council workshop. Staff recommended waiving Council rules for two readings of the ordinance to allow adequate time to review and approve the Conditional Use Permit application from COAST to do a homeiess shelter at the American Legion. Public Comment: DeForest Walker of OlyCap representing COAST and the American Legion reauested Council Grant a Conditional Use Permit fee waiver. Karen Riel representing COAST thanked Council for considering a fee waiver. As an all-volunteer nonprofit, it would be a hardship for COAST to pay the full fee. Alison Capener of COAST thanked Council for considering a donation. Joyce O'Neal of COAST spoke in support of Council approving the waiver. • City Council Business Meeting Page 2 August 4, 2008 David Goldman and Susan Langlois distributed written proposed amendments to • PTMC Title 19. Mr. Goldman suggested the addition of a "violation" definition to Chapter 1.20. This change was already presented to CD/LU, but he expressed uncertainty about the best way to submit this and other suggestions for consideration. Council response/discussion: Ms. Sandoval suggested the amendments be considered by the Community Development/Land Use Committee (CD/LU). Ms. Surber stated that these comments were not submitted in time to be included in this revision. Mr. Watts noted that comments on modifying the code enforcement ordinance to include a "Violations" definition were unrelated to the matter being considered tonight. As he communicated to Council in a recent a-mail, this matter would be brought before Council during a code clean-up in the next 6-8 months. At its next meeting, the CD/LU Committee would address the critical areas ordinance amendments, but it would address this separately from the Omnibus ordinance. Mr. Randels asked about Section 4 -the extra two feet in height -the differences in height in CI, CII, and CIII. Ms. Surber responded this section went under a thorough • review. Mrs. Medlicott asked how many clients use the shelter for longer than 29 days consecutive days, whether there are any County homeless shelters, and what amount of County funding the shelter would get? She also expressed concern about characterizing the forgiving of the fee as a donation as this could be construed as a gift of public funds. DeForest responded that there is no shelter for single adults in Jefferson County, although there is the domestic violence shelter. Olycap receives roughly $25K from the County in 2163 funds that are used for operational aspects and staffing. Mr. Butler pointed to the state constitution which does not consider waiving the fee for the poor and the infirmed as a gift of public funds. Mr. Watts noted that the City considers the waiver a differential in fees based on special circumstances, rather than a donation. Mr. Randels asked for additional clarification on Section 5 pertaining to calculating bonus density for PUDs. Ms. Surber noted that the change to this section is for clarification only and that the particular question does not pertain to a section of the code that is being changed. ~J City Council Business Meeting Page 3 August 4, 2008 • Mr. Sepler said calculating the area is done on a case by case basis. The City would look to the intent when reviewing the situation. If needed, the City could amend the bonus section at some future date because currently the bonus available for a PUD is not fully developed in the code. Ms. Robinson asked that Staff revisit this in the future. Mr. Randels, referring to Page 20 lines 20 and 21, asked whether this refers to two types of permits orjust one. Ms. Surber clarified it is two. Ms. Medlicott objected to the use of the phrase "low-hanging fruit" in the Staff write up and suggested for the future using "easy to achieve" or something similar. Mr. Butler asked about the impact to Sections 14 and 15, in light of the Washington State Supreme Court ruling this week. Mr. Watts said he is aware of the ruling, but has not looked at the ruling in light of these provisions. Ms. Surber responded that if Ecology has concerns about this they would raise it during their review. Ms. Sandoval asked if the City staff dealing with customers on a daily basis have reviewed and feel comfortable with the ordinance. Ms. Surber noted that Development Services Department Staff have been involved in this review. Ms. Sandoval asked for Council input when considering changes to the PUD • process. Currently appeals are to the City's hearing examiner rather than Council. There were no clarifying statements from the public regarding any staff or Council comments. Mayor Sandoval closed public testimony at 7:48 p. m. Mr. Randels complimented COAST and Olycap for their service to the community. He expressed concern about Ecology's response time to municipal concerns and hoped they would move quickly through their review. Ms. Robinson raised concern about the maximum building height on pg. 6 of the ordinance. Forty feet seems high, but she agreed not to hold up passage of the ordinance if no other Councilor shared the concern. Motion: Mr. Randels moved to waive Council Rules and Adopt Ordinance 2982 (Omnibus), Revisions and Clarifications to PTMC Titles 17, 18, 19 and 20, incorporating Attachment A from the Staff Memo. Mr. Welch seconded. Discussion ensued on the maximum building height tables. Ms. Sandoval said she has difficulty with the proposal to increase the height and yet • there is no requirement for it to be mixed use. City Council Business Meeting Page 4 August 4, 2008 • In response to comments by Mr. Welch and Mr. King on building practices and construction, Mr. Sepler said all structures would be subject to commercial design review. He reviewed the origin of this change. Mr. Butler said he would approve adopting the Ordinance, but not for waiving Council rules. Ms. Robinson shared the concern about waiving Council rules. Mr Randels moved to waive the requirement to read the full title of Ordinance 2982. Mr. Welch seconded. Motion carried unanimously, 7-0, by voice vote. Vote: Motion to waive Council Ruies for two readings and adopt Ordinance 2982 carried, 5-2, by roll call vote. Ms. Robinson and Mr Butler were opposed. RECESS Mayor Sandoval declared a recess at 8:10 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:22 p.m. ORDINANCE 2983, AMENDING CHAPTERS 17.08 AND 17.86 OF THE PORT TOWNSEND MUNICIPAL CODE, REVISING THE DEFINITION OF A MINOR VARIANCE AND CREATING SEPARATE MINOR VARIANCE REVIEW CRITERIA Ms. Surber reviewed examples of minor variance review criteria with 2%, 3% and 5% variances as Council requested. She reiterated Staff's comfort with up to 5% variance subject to specialized approval criteria. Council expressed concern that up to a 5% variance below the minimum lot area for cottage housing and Planned Unit Developments may be too high. Mr. Randels said amounts for PUD and cottage housing were thought through with great care and he would not be comfortable with a 5% variance. Mr. Sepler responded that the criteria to evaluate may be the key issue. His sense is that if the criteria works, Council might have greater comfort with the function. He provided some examples and explained we are just providing some limited flexibility when circumstances might warrant a slightly smaller project. City Council Business Meeting Page 5 August 4, 2008 . Mr. King and Mr. Butler said they would follow the 5% variance. Mr. King sees that if you were proposing a cottage development and lot sizes are smaller, then you could get a minor variance. The first consideration is whether the difference is 5% or less. If so, then staff could use the criteria to evaluate the impact. Ms. Sandoval remains concerned about going to 5% for R-II and in particular for cottage housing and would instead recommend a 2% variance. She believes there needs to be a good blend of high density and green space. Mr. Welch commented that he would like to see higher densities. This would not create a requirement to grant a minor variance. It would still come under staff review. Mr. Sepler suggested this would provide limited flexibility when circumstances warrant and not a bright line. You would not get additional units if you reduce the size. Mr. Randels said you would get more units per square foot. Mr. Sepler responded that with the 40,000 sq. foot example, 39,200 is 2%, 38,000 is 5% and that is a difference of 2,000 sq. ft. If Council is uncomfortable with this, 3% would be 800 square feet less, that cuts it almost in half. Mr. Randels suggested broadening Section 6 (about the circumstances not being the result of actions by the applicant). He would like it to include not just the • applicant but predecessors or predecessors with some association with the applicant. Mr. Sepler suggested Staff consider limiting the scope so that it only affects the intent and then return with some revised language to avoid the cumulative impacts. Mrs. Medlicott proposed limiting the 5% variance to R-III and R-IV for a PUD and R- III Cottage Housing and then limiting the variance to 3% for the other categories. Mr. Butler sees the 5% variance as a way for the elderly to stay in their community when they downsize. He believes we should encourage this type of development to counter the trend of mega mansions or larger estates. Mr. Welch said while he is not uncomfortable with the percentages, there should be further consideration as Mr. Sepler suggested for reviewing the approval criteria. Ms. Sandoval commented that the density fora 20 sq. ft. minimum, going down to 19 sq. ft. in R-IV at 12 units per half acre is 1,583 sq. feet, so she is trying to be consistent in her thinking that 5% in a cottage housing R-II is 3,100 sq. ft. The PUD in R-III and R-IV was okay and could potentially even be smaller. Mr. Sepler said one approach might be that you could get a variance but you don't • get the same number of units you would have been entitled to. City Council Business Meeting Page 6 August 4, 2008 • Council agreed with Staff would return trying to work with Council's suggestions. There was no public comment. Motion: Mr. King moved to approve first reading of Ordinance 2983, amending Chapters 17.08 and 17.86 of the Port Townsend Municipal Code, revising the definition of a minor variance and creating separate minor variance review criteria. Mr Welch seconded. Motion carried unanimously, 7-0, by voice vote. ORDINANCE 2984, AMENDING PTMC SECTION 17.72.020 AND RE-ENACTING AND EXTENDING INTERIM PARKING REGULATIONS FOR RESIDENTIAL DEVELOPMENT IN THE UPTOWN C-III COMMERCIAL DISTRICT ADOPTED BY ORDINANCE 2968 Mr. Watts reviewed agenda packet materials. He recognized in paragraph 4, the third sentence refers to a February 8 meeting. This is outdated and should be deleted. Staff's recommendation is to leave the current regulation in place to allow the process to conclude. Mr. Sepler said the Planning Commission would forward their recommendation to Council upon completion of this summer's uptown parking survey. They would • compare results with the one done in the fall. Motion: Mr. Butler moved to waive Council Rules and adopt Ordinance 2984, Amending PTMC Section 17.72.020 and Re-enacting and Extending Interim Parking Regulations for Residential Development in the Uptown C-111 Commercial District Adopted by Ordinance 2968 with the change as noted. Mr. Welch seconded. Motion carried unanimously, 7-0, by roll cal! vote. Mrs. Medlicott left the meeting of 9 p.m. RE-ENACTING AND EXTENDING INTERIM REGULATION ORDINANCES ORDINANCE 2985, ORDINANCE 2986, ORDINANCE 2987 Mr. Watts explained the proposal before Council to take three separate actions to extend the interim regulations adopted in February. Ordinance 2985 is an interim demolition ordinance, Ordinance 2986 places bulk and scale limitations on new construction, and Ordinance 2987 suspends, on an interim basis, the R-III zoning in the national historic district, while Council reviews regulations to determine whether to make them permanent. • City Council Business Meeting Page 7 August 4, 2008 • Mr. Sepler reviewed the agenda packet background materials and the task force membership process. The task force would meet later this month and anticipates forwarding a recommendation to Council within the next 3-4 months. Mr. Watts noted a proposal is coming forward to Council in the form of a resolution providing direction on the Bulk and Scale ordinance, essentially authorizing the Development Services Director to make interpretations that would implement the intent of the ordinance on a case by case basis. Staff believes flexibility is useful and needed. Mr. Randels expressed concern that what is before Council is not what Council adopted previously. Mr. Watts explained that the agenda packet referred to a prior version of the ordinance (from February 2008), not the ordinance before Council tonight (April 2008). Staff's recommendation is to adopt Ordinance 2986 with the correct Section as distributed tonight. Mr. Timmons reiterated that Staff would continue to work on an administrative rule and a proposal would come back to Council after tonight's adoption. Motion: Mr Randels moved to waive Council Rules and adopt the following three ordinances: • a) Ordinance 2985, re-enacting and extending Ordinance 2969, adopting interim regulations on applications for demolition of historic structures. b) Ordinance 2986, re-enacting and extending Ordinance 2970, adopting interim regulations on bulk and scale (as amended per 8/4/08 revision in writing) c) Ordinance 2987, re-enacting and extending Ordinance 2971, adopting interim regulations redesignating R-Ill Zoning in the Historic District. Mr Butler seconded. Motion carried unanimously, 6-0, by roll call vote. Hearing concluded 9:14 p.m. UNFINISHED BUSINESS ORDINANCE 2980 AMENDING PTMC CHAPTER 2.64 CONCERNING VACATION, 51CK, AND OTHER LEAVE FOR CITY EMPLOYEES Mr. Timmons reviewed that the benefits are not fully utilized except when an employee is paid out their vacation leave upon resignation. Staff's recommendation is to adopt the ordinance, which would eliminate the benefit and then adjust pay by 10% to offset the loss of the benefit. This would, on average, raise pay by roughly $1 per hour. • There was no public comment. City Council Business Meeting Page 8 August 4, 2008 Motion: Mr Welch moved to adopt Ordinance 2980, Amending PTMC Chapter 2.64 Concerning Vacation, Sick, and Other Leave for City Employee. Ms. Sandoval seconded. Motion carried unanimously, 6-0, by roll call vote. NEW BUSINESS PRESIDING OFFICER'S REPORT Mofion: Ms. Robinson moved to accept the Mayor's recommendation and confirm the appointment of Nancy Rody to the Arts Commission. Mr Randels seconded. Motion carried unanimously, 6-0, by voice vote. Ms. Sandoval announced Mr. Randels has agreed to replace Mrs. Medlicott on the PDA Board and North Olympic PRCD Council. Mr. Butler agreed to be Mr. Randels' alternate. The list of applicants accepted for the Historic Preservation Task Force members are as follows: Bob Little and Jane Souzon, Community Members; Gee Heckscher, HPC; and George Unterseher and Bill LeMaster, Planning Commission. Ms. Sandoval and Mr. Randels agreed to serve as Council representatives to the Task Force. • She attended a ferry meeting in Bremerton on Thursday to create a unified agenda for the upcoming legislative session to provide funding for ferries, possibly including an economic impact study and lobbyist. There was a memorial service today for Andy Palmer, the young firefighter killed in the line of duty, CITY MANAGER'S REPORT Eileen Price has been reappointed to the Library Advisory Board. Council received information on the railroad trestle creosote piling removal project by the Department of Natural Resources, a memo from Chief Daily on officers and their community activities, and a diagram of sidewalk construction activity. In response to fuel efficiency issues, he and Chief Daily are modifying the Police Department take home car policy to include drop-off points. There are hybrids that might be put into police service. Council received a copy of the PSE feasibility study. Mr. Timmons noted Council would also be receiving a copy of the PUD feasibility study. • City Council Business Meeting Page 9 August 4, 2008 STANDING COMMITTEE REPORTS Finance and Budget - 6/26/08 (draft) SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION Mr. Randels proposed a review of the policy of waiving fees for the use of Pope Marine Park Building at the next workshop meeting. Staff agreed to provide to Council information on the policy on nonprofits. Mr. King noted the resolution before Council tonight in the consent agenda is an example of a nonprofit event that would have a local economic benefit. A review of how citizen matters and issues should be brought forward for consideration by Council committees and Council. ADJOURN • -~ J There being no further business, the meeting was adjourned at 9:41 p.m. Minutes prepared by: Joanna Sanders, Legal Assistant Atte/~st~:~,,,, ~~ Pam Kolacy, MMC City Clerk City Council Business Meeting Page 10 August 4, 2008