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HomeMy WebLinkAbout031609CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF MARCH 16, 2009 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the 16th day of March 2009, 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 David King, George Randels, Catharine Robinson, Michelle Sandoval, Laurie Medlicott and Mark Welch. Excused: Brent Butler. Staff members present were City Manager David Timmons, City Attorney John Watts, DSD Director Rick Sepler, Land Use Development Specialist Suzanne Wassmer, and Legal Assistant Joanna Sanders. CHANGES TO THE AGENDA COMMENTS FROM THE PUBLIC (consent and non-agenda items) PROCLAMATION: Child Abuse Prevention Month Julia Danskin of the Jefferson County Health Department accepted the proclamation. She distributed a list of April activities for Our Kids Our Business and urged citizens to fill out the call to action form. Public Comment Pat Teal, a former member of the Jefferson County Housing Authority, spoke about negative impacts of local staff layoffs. Affordable housing tenants (80% of whom are seniors or who have disabilities) would have to visit the Bremerton office for Section 8 program services. Michael Klupfell of The Village Baker spoke about his a-mail to Council outlining his concerns about signage issues. He requested a variance for their architectural sign. City Council Business Meeting Page 1 March 76, 2009 CONSENT AGENDA Mr. Randels made the following corrections to the minutes: page 2, last paragraph adding sentence "Frank Vane was speaking personally and not on behalf of the Arts Commission"; page 5, paragraph 8 changing "spend" to "spent" and in paragraph 11, changing "pilings were" to "gallery was'; page 9, adding to last sentence in the first paragraph "to serve as alternate on the PDD." Motion: Mr. Randels moved for approval of the following items on fhe consent agenda. Mr. Welch seconded. Vote: motion carried unanimously, 6-0, by voice vote. Approval of Bilts, Claims and Warrants Vouchers 107333 through 107357 (plus EFTs) in the amount of $199,568.54 Approval of Minutes: March 2, 2009 (as corrected) PUBLIC HEARING UPDATED PROPOSED REVISIONS TO PORT TOWNSEND MUNICIPAL CODE 17.76, SIGNS Mayor Sandoval read the rules of procedure No councilors had any disclosures aside from Mayor Sandoval who disclosed she has an illegal sandwich board sign for her business. Mr. Welch disclosed his wife is on leave from the Village Baker and his son is a former employee. DSD Director Rick Sepler was present to provide the staff presentation with background on the process and an overview of the proposed changes. Staff noted there are no recommended decisions before Council at this time. A special session could be scheduled to provide an opportunity for more discussion and direction to staff about revising the Ordinance. The staff memorandum outlined the key issues reviewed by the Ad Hoc Sign Code Review Committee: allowances for temporary uses; monument sign area allowance; standards to address internally-lit signs; signage allowance for schools, churches, or other not for profit facilities; sandwich board signs within the National Landmark Historic District; allowances in mixed-use areas; enforcement; establishment of kiosk program in the Historic District; clarification of a number of minor revisions; Port of Port Townsend seafood signage, and signage on larger commercial buildings. In a review of the committee recommendations, the Planning Commission identified a number of additional issues: consistency in measuring the calendar year; change the number of allowed garage sale signs; add a project sign category; change grand opening sign allowance; prohibiting high value, high chromo fluorescent colored City Councii Business Meeting Page 2 March 16, 2009 signage; revise the requirements for location of permanent sign stickers; require preexisting legal nonconformance sandwich boards be considered nonconforming six years after the effective date of ordinance; and see some measure of illumination for signs established to avoid night light pollution. Mr. Sepler noted that Council discussed the sign code topic in its July 8, 2008 workshop. Council raised issues regarding accommodating the Farmers Market with their unique sign issues and Upper Sims Way signs relocation assistance. He believes the more controversial issues relate to sandwich boards. There was also concern about proceeding with a revised sign ordinance until an effective form of implementation was established. Currently, the sign code is enforced on a complaint basis; however, a portion of the time of the building official would implement enforcement and specifically to target sign code enforcement. Mr. Michael Klupfell of Village Baker spoke of his concerns about the negative impacts to businesses of having too strict a sign code. Bob Alei of the Farmers Market was present to answer any questions. Mr. Sepler recognized the uniqueness of the Village Baker building, a portion of which was designed for signage. There could be consideration of the preexisting conditions and set some standard established before the effective date of the ordinance. The downside would be other 17-foot high extensions on single story buildings to hold signage, which would probably not be consistent with historic design guidelines. He noted replacement of signs with kiosk. In response to Council questions, Mr. Sepler explained the makeup of the Ad Hoc Sign Code Review Committee and a chronology of activities on the review of the sign code. He agreed to provide this list to Council. Other than the Farmers Market, all of the sandwich boards outside the historic district are illegal -none are permitted, none are grandfathered, none were legally established. In the historic district, about 60% are illegal. The kiosk program is suggested to provide a centralized way of providing connection to districts for businesses that are not located directly on the road. Ms. Sandoval solicited questions from the public to clarify. There were none. Public testimony was closed. Council discussion continued on issues surrounding sandwich boards. Mrs. Medlicott noted some of the public safety issues associated with these signs. Mr. Randels expressed his belief that enforcing the existing rules would eliminate the majority of illegal signs. Further restrictions to then limit sandwich boards to those without direct street frontage on Water Street, would significantly reduce the remainder of what is now considered clutter. Until a kiosk program is finalized for City Council Business Meeting Page 3 March 16, 2009 merchants to see, this would keep alive this advertising medium for a disadvantaged business in a particularly difficult time. Mr. Welch acknowledged the need to give every advantage to businesses as possible. There is a need for understandable rules and for using care not to preclude good signage such as the Bull Durham building mural. Mr. King requested more detail on the kiosk program: how it would be implemented, the cost, design, and how its success would be measured. Mrs. Medlicott asked that Council be able to give clear direction to staff on enforcement. Ms. Robinson suggested the creation of a map of potential kiosk locations, including those areas disconnected from the core historic district like the business center at Kearney and Lawrence as well as areas for potential development. Mr. Randels asked for progress on current sign code enforcement while working on the kiosk program. On page 5 of 16 of the matrix, he urged removing the veto power of a private entity about what can go on the public rights of way. Mr. Welch expressed concern about addressing the needs of fisherman, etc., in the boat haven. Ms. Sandoval pointed out some inconsistencies regarding off-premise signs in the national historic district (pg. 12 of 35). She understood directional signs would be prohibited everywhere, not just in the downtown historic district. Mr. Sepler agreed to clarify these areas. Council then considered the matrix of items not discussed or commented on by the Sign Code Review Committee or Planning Commission. Staff recorded changes. There was Council discussion about the changeable insert sign mentioned on the last page of the matrix. There was interest in retaining it as an option even though at last check, the Port was not interested. Mr. Sepler said implementation could still be considered. Staff then reviewed the various signs inside or attached to buildings that require permitting but that would not be prohibited. Mr. Sepler agreed to follow up on setting a date to address revision of the ordinance to meet the problems raised by the Village Baker. Some discussion ensued about sandwich board enforcement. There was concern about requiring businesses to get permits for their signs when the desire is to move forward with a kiosk program. Council left discussion on code updates and asked staff to bring forward more information on the kiosk concept. Mr. Sepler said there was a kiosk design that was City Council Business Meeting Page 4 March T 6, 2009 shared with Main Street. However, a kiosk design concept integrated with the wave finding grant would take some time to put together. Staff recommended coming back April 13 with a step by step approach to enforcement following the Ad Hoc Committee's recommendation. Certain parts of the more contentious aspects of the ordinance might need to wait, but there could be progress on others. During the current economic climate, staff would work on expanding rather than constricting rules on signs on new business openings. Mr. Timmons said the City has not received the formal award notice, so until the paperwork arrives it would be difficult to anticipate. Motion: Mr Randels moved to set April 73 as the date for a special meeting to continue deliberation. Mr King seconded. Vote: Motion carried unanimously, 6-0, by voice vote. RECESS Mayor Sandoval declared a recess at 8:18 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:33 p.m. PUBLIC HEARING ORDINANCE 3008, EXTENDING ORDINANCE 2992 CONCERNING INTERIM HEIGHT LIMITATIONS IN THE OVERLAY DISTRICT IN PTMC CHAPTER 17.26 AND THE SPECIAL HEIGHT OVERLAY DISTRICT IN CHAPTER 17.28 Mr. Watts gave the staff report reviewing the process of Council's adoption of the interim height ordinance last fall. Asix-month extension would allow for Planning Commission review and briefing. Without the interim ordinance, a discrepancy in the zoning code would allow a residential building height limit of 43 ft. in one block off Monroe Street versus 30 ft in all other R-II property. There are no pending building permit applications that are being delayed as a result of the interim ordinance. The Growth Management Act allows Cities to adopt interim regulations while matters are being reviewed. There were no additional written materials or any public comment. Mr. Randels asked about the status of the proposed project that Council discussed during consideration of the interim ordinance. City Council Business Meeting Page 5 March 16, 2009 Mr. Watts noted the issue was whether a commercial block adjacent to a residential block was subject to the 43-height limitation. The project brought to light the discrepancy in the zoning code. Mr. Randels asked for an update at some point in the near future on that particular project. Public Comment was closed. Motion: Mr King moved to waive Council rules and adopt Ordinance 3008, Extending Ordinance 2992 Concerning Interim Height Limitations in the Overlay District in PTMC Chapter 17.26 and the Special Height Overlay District in Chapter 17.28. Mr Randels seconded. Vote: Motion carried unanimously, 6-0, by roll call vote. NEW BUSINESS RESOLUTION 09-012, AMENDING RESOLUTION 88-58 ESTABLISHING THE TERMS AND LIMITS FOR LOANS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND City Attorney John Watts provided background on the City's administration of the grant program. The HUD Loan Committee recommended changing the terms and limits. He noted there has never been a total loan default. Aside from some administration, there is no cost to the City. Ms. Robinson asked about any impacts to the rebate of interest for early payment Mr. Watts said there would be no change to the rebate schedule. Mr. Randels suggested asking HUD whether the program might be expanded to serve the entire City, not just the historic district. Mr. Watts responded that currently the program is for buildings in the historic district. Motion: Mr. Welch moved to approve Resolution 09-012, amending Resolution 88- 58 Establishing the terms and limits for loans from the Community Development Block Grant Fund, removing "downtown" in the second whereas. Vote: Motion carried unanimously, 6-0, by voice vote. PRESIDING OFFICER'S REPORT LODGING TAX ADVISORY COMMITTEE AND CIVIL SERVICE COMMISSION APPOINTMENTS City Council Business Meeting Page 6 March 16, 2009 Motion: Ms. Robinson moved to accept the Mayor's recommendation and confirm the following appointments: Cindy Hill Finnie to fill an unexpired term (collector) on the Lodging Tax Advisory Committee (Position 8, term expires May 1, 2010; and reappointment of Ronald V. Kosec to the Civil Service Commission (Position 3, term expires December 31, 2011). Mr. Welch seconded. Motion carried unanimously, 6-0 by voice vote. CITY MANAGER'S REPORT Real Robles of Kosec Funeral home and the City determined the need to rethink options on acquiring that property for the police station. A recommendation would be forthcoming on the residential parcels for the park. The Downtown Streetscape hearing has been completed. SEPA is nearly finalized. FEMA recently inspected Water and Taylor Street tunnels. It appears funding would come forward for both sidewalk projects. Separately, they inspected the Carnegie library for that grant award. These are grant applications as opposed to stimulus funds. The City received confirmation of $319,000 in stimulus funding for Sims Way. The City will soon enter the SEPA determination appeal period. Public Safety recommendations are forthcoming for the COPS program. A $14K Burns grant allocation would likely be used for substance abuse programming. Olycap submitted a letter of intent with the City as sponsor for a Community Development Block Grant application for a dental clinic. January and February revenue reports were good. Staff would be looking closely at March revenues. Council has begun utilizing the JAVs audio/video system. A resolution is forthcoming on County voter registration fees. The County and City are also working to expand joint marketing and a presentation to Council will be scheduled. City Staff met with Kenmore Air on its proposed service to Port Townsend. Some of the confusion stemmed from differences in its plane structure and City dock design. None of the waterfront docks would facilitate landing of a seaplane. Timing was not possible to get anything implemented before the bridge closure. The applicant would seek a more permanent solution at Quincy Street dock. The general government bargaining unit and the City reached a tentative agreement and were able to get some modest concessions for the next two years. City Council Business Meeting Page 7 March 76, 2009 ADJOURN There being no further business, the meeting was adjourned at 9 p.m. Minutes prepared by Joanna Sanders, Legal Assistant. Attest: y"~Yl'~C-(~GC- Pamela Kolacy City Clerk MMC G-f~. City Council Business Meeting Page 8 March 76, 2009