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HomeMy WebLinkAbout041309CITY OF PORT TOWNSEND MINUTES OF THE SPECIALSESSION OF APRIL 13, 2009 CALL TO ORDER AND PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers present at roll call were Catharine Robinson, George Randels, Mark Welch, David King, Brent Butler, Laurie Medlicott, and Michelle Sandoval. Staff members present were City Attorney John Watts, Public Works Director Ken Clow, Development Services Director Rick Sepler, Land Use Specialist Suzanne Wassmer, and City Clerk Pam Kolacy. ORDINANCE 3012, AMENDING PORT TOWNSEND MUNICIPAL CODE 17.76, SIGNS Mr. Sepler elaborated on staff's plan for enforcement once the sign code is adopted (information contained in Attachment 3.) Regarding enforcement, Mr. Randels suggested a change in the first bullet point under Item D on page 3 of Attachment 3 ("After grace period for removal has expired, begin sign enforcement for removal or fines"). He suggested changing that to "removal and/or fines" to deal with any egregious violations. Second, he noted at the top of page 4 the signs removed from the public rights of way will be kept in the "Public Works office". Mr. Clow stated the signs would be kept at the City shops, not in the office. This will be noted in the document. Ms. Robinson asked for clarification on page 8 of the Matrix as to whether the intent is to allow one sign with multiple spaces. Mr. Sepler stated he believes the intent is to have one sandwich board for all businesses in a building, both downstairs and upstairs tenants, and will clarify in the document. Mr. Randels referred to page 9 on the matrix referencing page 20 of the ordinance removing the requirement for written permission for sandwich board signs to be obtained from the adjacent property owner. He stated this goes further than his recommendation, which was that although the property owner would not have a veto regarding a sign in the right of way, staff should consult with the owner regarding placement of a sign adjacent to his/her property. Mr. Randels referred to page 9 of the matrix, referencing page 25 of the ordinance, and asked if "contained signage at that location that was legally established" means when the building was constructed, and if so, that words to that effect should be added for clarification. City Council Special Meeting Page 1 April 73, 2009 Mr. King asked about page 1 of the matrix which refers to a sign advertising seafood sold within the Boat Haven provided a management and maintenance plan prepared by the Port of Port Townsend is approved by the Council. Mr. Sepler stated that the Port initially agreed with this concept but has since indicated they are no longer interested in pursuing it; it was struck from a prior version but Council requested that it be retained. Mr. King asked if a specific applicant could apply for the permit and take responsibility for complying with the sign code; this would mean removing the second clause of sentence 4 starting with "provided that....". Mr. Randels requested clarification of the fees set forth on page 7 of the matrix regarding signs in the National Historic Landmark District. Mr. King asked about the appeal process on page 32 of the draft ordinance (appeal to the City Council) and whether this is consistent with other administrative appeals. Mr. Sepler noted that the Hearing Examiner could be designated instead of the City Council. Ms. Robinson asked about attachment 2, page 6, "community event signs" and whether this is where signage for the Farmer's Market would fall. Mr. Sepler confirmed. Although public testimony was closed at the March 16 public hearing, Mayor Sandoval asked if anyone present had further comment. There was none. Ms. Sandoval noted that the first item of discussion brought up through Council questions was the changeable insert signs advertising items such as fresh seafood. Mr. Randels stated he believes a provision for any party or group of parties to submit a management and maintenance plan to the Council would be equitable. Ms. Medlicott asked if an exception would be made for other businesses in the Port such as restaurants. She would like the Council to stop concentrating on exceptions rather than a straightforward prohibition on sandwich boards. Mr. Sepler stated the current signs are in the City right of way, not on Port property. It was suggested that the Council take up the issue with the Port Commissioners rather than at the staff level and frame the discussion in terms of economic development impetus. Mr. King noted there is a difference between fixed location businesses and seafood coming off boats. Mrs. Medlicott noted that signs should not be issued to businesses without City business licenses who do not pay B&O taxes. City Council Special Meeting Page 2 April T 3, 2009 Discussion ensued regarding signage available to the Farmers Market. Ms. Robinson stated she would discuss her concerns with staff prior to the next draft of the materials. In response to Mrs. Medlicott, Mr. Sepler stated that for 2009, the Farmer's Market is limited by the current sign code. Regarding fees under Section 17.76.080, National Historic Landmark District, Ms. Wassmer noted that the $33 and $58 fees are in addition to the basic sign permit fee, which is $43 for the first sign and $10 for second sign plus $50 if plan review is needed. Mr. Sepler stated staff will clear up the contradiction; in this section, if there is no administrative review there will be no extra charge in the Historic District. Regarding the question raised about the number of allowed sandwich board signs, Mr. Sepler said staff will clarify that one sign per entrance will be allowed and the owner of the building will be responsible for allocating space on the sign for businesses in the building. Mr. Randels asked about adding language in 17.76.080.F.1.b (page 9 of the matrix) that would provide for staff to seek consultation with building or business owners regarding sandwich boards in the rights of way adjacent to their buildings; he also asked for clarification in 17.76.100.6 (page 9 of matrix) of whether the portion of the building projecting higher than the roof was legally established when the building was constructed. Mr. Sepler noted in response to Mrs. Medlicott, that legally established signs in the right of way that need to be relocated such as monument signs on Upper Sims Way will be moved at the City's cost. Mayor Sandoval noted the remaining issues are the changeable insert signage, community event signage, how to deal with signs for businesses off Water Street and owner permission for adjacent signs in the right of way. Mr. King stated his concerns regarding the changeable insert signage would be satisfied if the ordinance stated the applicant (not necessarily the Port) must submit a management plan. Mr. King asked if the kiosk program should be deleted from the ordinance since is uncertain. Because the program is referenced in the ordinance without a timetable it would be helpful for citizens to know what we have in mind; however it may not be prudent to link a timetable to the program yet. City Council Special Meeting Page 3 April 13, 2009 In regard to code enforcement, Mr. Sepler stated that a level playing field should be established, rather than concentrating on punitive measures. Mr. Randels agreed and suggested a preamble be written to the enforcement piece. Mr. Randels reminded staff to add a date in the blank on page 14, item X (mural signs). He also suggested that language be added to the ordinance that deals with pre-existing project signs so they have a finite life. Mr. Sepler stated staff will add a sunset provision. Mr. King asked why a variance would be appealed to the City Council rather than the Hearings Examiner. He stated he would support variance appeals going to the Hearing Examiner. Mr. Sepler stated he agrees it should be consistent with the rest of the code and revised to reflect to reflect appeals to the Hearings Examiner as standard practice. Mayor Sandoval summarized the remaining issues to be discussed further: changeable insert signage; community event signage; clarification regarding permission from building owner if a sign is proposed in the right of way adjacent to their building. Motion: Mr Randels moved to approve first reading of Ordinance 3012, amending Port Townsend Municipal Code Chapter 17.76. Signs. Mr. Welch seconded. Vote: motion carried unanimously, 7-0 by voice vote. RECESS Mayor Sandoval declared a recess at 8:15 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:28 p.m. ORDINANCE 3010, RELATING TO ACQUISITION BY EMINENT DOMAIN OF EASEMENTS ON CERTAIN PORTIONS OF PROPERTY IN THE CITY OF PORT TOWNSEND NECESSARY FOR THE CONSTRUCTION AND MAINTENANCE OF TRANSPORTATION IMPROVEMENTS FOR THE UPPER SIMS WAY IMPROVEMENT PROJECT; DESCRIBING THE PUBLIC USE AND NECESSITY; PROVIDING FOR CONDEMNATION, APPROPRIATION AND USE OF THE EASEMENTS; PROVIDING THE MODE OF PAYMENT OF THE COSTS OF ACQUISITION OF THE EASEMENTS; AND DIRECTING THE CITY ATTORNEY TO UNDERTAKE PROCEEDINGS IN JEFFERSON COUNTY SUPERIOR COURT IN THE EVENT DIRECT PURCHASE EFFORTS ARE NOT SUCCESSFUL. Mr. Watts noted that as of today, ail three property owners have indicated they are in agreement with the City's offer so it is likely the Council may not need to go forward with the second reading of the ordinance or file anything in court; however until signed agreements are in hand, there are risks in not moving the City Council Special Meeting Page 4 April 13, 2009 ordinance forward. Federal monies in the amount of $359,000 could be lost if the project is not ready for bids in June of this year. Public comment: Michael Bolson regarding traffic during Sims Way modification on McPherson and Discovery. Mr. Clow noted he has looked at the intersections and staff is reviewing accident data. The City will continue to look at this area as part of the construction project; he added the intent is to keep Sims open throughout construction process with the exception of occasional closures for a few hours at a time. Ms. Robinson asked why the cost of acquisition is listed from the General Fund rather than the project fund. Mr. Watts stated he would confirm the correct source prior to second reading and adoption. Motion: Mr Randels moved to approve first reading of Ordinance 3010, relating to acquisition by Eminent Domain of easements on certain portions of property in the City of Port Townsend necessary for the construction and maintenance of transportation improvements for the Upper Sims Way improvement project; describing the public use and necessity; providing for condemnation, appropriation and use of the easements; providing the mode of payment of the costs of acquisition of the easements; and directing the City Attorney to undertake proceedings in Jefferson County. Mr. Butter seconded. Vote: motion carried 6-1, by voice vote, Medlicott opposed. COMMENT FROM COUNCILOR BRENT BUTLER Mr. Butler stated that he will be resigning from his Council position on April 15 to move to Idaho to pursue an employment opportunity. He made a farewell statement and noted that his experience on the Council has been positive. ADJOURN There being no further business, the meeting was adjourned at 8:55. Attest: '4~~~-~Y~'C6 Pamela Kolacy, MMC e~~ City Clerk City Council Special Meeting Page 5 Apri! 13, 2009