Loading...
HomeMy WebLinkAbout060710CITY OF PORT TOWNSEND MINUTES OF THE BUSINESS MEETING OF JUNE 7, 2010 CALL TO ORDER AND PLEDGE OF ALLEGIANCE ROLL CALL Cvuncilmembers present at roll call were David King, Laurie Medlicatt, Kris Nelson, George Randels, Catharine Robinson, Michelle Sandoval, and Mark Welch. Staff members present were City Manager David Timmons, City Attorney John Watts, Development Services Director Rick Sepler, Senior Planner John McDonagh, and City Clerk Pam Kolacy . CHANGES TO THE AGENDA No changes were proposed to the agenda. SPECIAL PRESENTATION: AMATEUR RADIO WEEK PROCLAMATION Mayor Sandoval read a proclamation declaring the week of June 21, 2p10 as Amateur Radio Week. Jahn Ebner was present to accept the proclamation. COMMENTS FROM THE PUBLIC There were no comments from the public. CONSENT AGENDA Motion: Catharine Robinson moved to approve the following items on the consent agenda: Approval of Bills, Claims and Warrants -Vouchers 111423 through 111552 (plus EFTs) in the amount of $604,851.64 and Vouchers 111417,111421,111335 and 111422 in the amount of $2, 228.19; Approval of Minutes for April 19, 2010; Approve Mountain View Use Agreement for RadioPT. George Randels seconded. Vote: mofion carried unanimously, 7-0 by voice vote. PUBLIC HEARING(S): Ordinance 3036, adopting a map designating residences as historic; Ordinance 3037, adding provisions to the City's historic preservation code on design review and demolition of historic residences; Ordinance 3038, relating to zoning code changes adding bulk and scale limitations to City Council Business Meeting June 7, 2010 Page 1 of 9 residences. Mayor Sandoval reviewed the procedures far public hearings. No Council members disclosed any financial or property issues which would cause them to recuse themselves from the matter. Ms. Robinson stated she is the owner and resident of a home that is likely to be classified as secondary. Ms. Nelson stated she is the tenant in a downtown historic structure. Mr. Welch stated his home may became eligible far classification as a secondary home in a few years. Development Services Director Rick Sepler reviewed the packet materials. He stated that a number of issues were identified for further research at prior meetings and those have been summarized on the agenda bill. Senior Planner John McDonagh reviewed the table of potential funding resources and incentives. Mr. Sepler described the level of review for each category (primary, secondary, pivotal). City Attorney John Watts reviewed legal aspects of the ordinances, in particular the definition and case law regarding "takings." Mr. Sepler identified recommended additions to Ordinance 3037. These include a "departures" section which was originally omitted from the ordinance and a section that avoids a "restoration penalty." Mr. Sepler noted that the City is striving for a fair and balanced solution for all parties. He stated that predictability is important to atl citizens and should not be predicated on any individual staff member's expertise. Mr. Watts noted some typos and style edits have been identified and those revisions and edits wilt be shown as track changes as the ordinances move through the process. Mayor Sandoval asked if any written comments have been received. Ms. Kolacy noted that a-mails and letters were received in the last two days from Mary Ann DeLong, Kathy & Chuck Krause (2), Cariyn Stark, Kathy Keys, David Holland, Linda Maguire, Judith Livingston, Robert Livingston, Don & Barbara Smith, and Pat Durbin. Council received all comments electronically and hard copies were placed on their desks for the meeting. Mayor Sandoval opened the public comment portion of the hearing. Mary Ann De Long read a prepared statement for the record regarding the need for adoption of the ordinances. She cited preservation of the town's historic City Council Business Meeting June 7, 2010 Page 2 of 9 character. Lany Hurwitz stated the ordinances are cumbersome, confusing and complicated. He stated that some of the options are unenforceable unless a city employee enters a house for the purpose of inspecting a suspected violation. He believes the regulations are ripe for selective enforcement and would be used by neighbors against each other if they were not on good terms. He also said the ordinances are very vague and subject to interpretation by whoever is in a position of responsibility. Marcy Jaffe provided written comments. She stated she has a lengthy list of concerns which have been stated and not addressed by the City. She does not believe the ordinances are legally defensible. She added that most citizens do not think this legislation will pass and many individuals are not in attendance. She wants due proces and equal protection to be addressed. She stated the updated map was not made available to her and that the process has not been transparent. ~nrners of new homes are not placed under the same restrictions as owners of historic homes. Her concern is not that you can't have a law but that the law needs to address all the issues. Citizens need to get all the facts before a decision is made. If homeowners sue and must be compensated, where will the maney come from? Michael Connell stated he believes that the ordinances would constitute a taking of property if applied as they are written. Joan Fiore stated that many people are not here because they are afraid to speak up. She said that after her horrific experience she feels responsible to speak up so that doesn't happen to anyone else. She said there is a large silent majority and she is speaking on their behalf. She believes the town needs tourists and protection for the most valuable historic properties and that the City has had a problem in not protecting the most valuable pivotal and primary structures which is sad but to course correct 180 degrees in the opposite direction is not right. Nobody cares about a 1940s house on a sidestreet. The map should be available and realtors should be required to inform buyers of a property's historic status and the City should use less stick and more carrot. If homeowners are not keeping up their property it is because they can't and the City should not penalize people who have the least money and can't hire a lawyer to prove a taking or to defend themselves. She said it is quite onerous for secondary structures and one person should not have the power to make determinations. Roger Jackson stated that his visitors this weekend asked what happened to the town, it seems to have changed in nature and character. His family has been here over 50 years and has seen many of the structures deteriorate. He said we need to provide funding and a network of support so we don't lose the character of the town by a death of a thousand cuts. He is concerned about the town's survivability in case of an earthquake and that buildngs must be City Council Business Meeting June '~, 2010 Fage 3 of 9 structurally safe. He is in favor of the proposal although it seems Draconian to some, and asked the Council to proceed with the ordinance and not let naysayers deny important protections for historic structures. Eileen Gatto stated that she does not know exactly what the Council is considering since she keeps seeing different versions of documents and that they keep changing. She feels that people are coming in and bringing perspectives from other states to impose on her. She said no one cared when houses were less expensive and this regulation is tantamount to having CC & Rs for the town. She believes some of the elderly and poor will be made to feel unwelcome and be unable to live their lives the way they want to. She said they should be left alone and new residents should be held to a higher standard. People could have heart attacks and have their homes foreclosed, people will be holing up and shooting themselves and their neighbors. She stated that the Historic Preservation Committee involvement should be kept at a minimum. Mayor Sandoval asked if staff wished to comment on any concerns raised by speakers. Mr. Watts stated that City officials cannot enter a private home without either receiving permission from the owner ar presenting a warrant. He stated he has not seen any case law which would show the ordinances would expose the City to charges that the regulations are arbitrary and capricious or violate due process. Mr. Watts stated that anyone's fear of being targeted is not based on reality. If actions are taken, the City Manager and City Council will be the first to hear about it and this provides a check against arbitrary enforcement; there is also the ablity to appeal a decision to the Hearings Examiner. He added the likelihood that some minor matter will be taken up and pursued against an owner is unrealistic. He noted the City has researched opportunities to help people with finances. The last thing the City wants to do is bring an enforcement action that will result in a penalty. The City track record has been to find solutions to problems, not enforce the code in an arbitrary manner. He also noted that secondary design review is handled administratively by DSD staff and does not go through the Historic Preservation Committee. Regarding quake-proofing homes, he pointed out the ordinance specifically provides that is exempt from design review. Mr. Sepler stated that since secondary designations have prompted most of the discussion isues, staff will do a number of test cases to see how the process would actually work. He also said the City will increase efforts to have all documents mare accessible on line. City Council Business Meeting June 7, 2010 Page 4 of 9 In response to Mr. King, Mr. Sepler elaborated on definitions regarding significant versus minor risk in reference to demolition by neglect. Mr. McDonagh noted that the concept of demolition by neglect is driven by the condition of the building, not the historic classification. Councilors Nelson and Randels asked that staff make sure terminology is consistent in the final versions of the ordinances. More discussion ensued regarding funding opportunities for rehabilitation of historic structures. Mr. Watts commented that the time frames regarding dealing with demolition by neglect are designed to provide owners with a reasonable amount of time for compliance if no life safety issues have been identified. After discussion, Ms. Robinson requested that staff revise the language in the "departures" attachment, particularly section D (Departure Notice and Approval Process) for clarity. In response to Mr. Welch, Mr. Watts explained the term "no viable return" in terms of definitions of what constitutes a "taking" of property. Mr. Randels commented that daylight plane departures should not be excluded from the notice and appeal process as neighbors would have a significant interest in those issues. Ms. Sandoval supported staffs proposal to bring forward "test cases" and requested that at feast some of these be presented in chart rather than narrative format. Ms. Sandoval asked that if it is appropriate, some overt language be included in the orclinance stating the goal is to keep long term residents in their homes. Mayor Sandoval asked if anyone in the audience wished to clarify any item raised by a Council member. Mike Connell asked where the balance is if these ordinances are only applied to historic homes and not all homes. Marcy Jaffe stated the historic properties map on the website is not accurate and stated the importance of public documents being accurate and current. Marsha Moratti stated that a process called mechanic liens is used by some municipalities where a city or other agency does repairs to historic homes and then puts a lien on the property. City Council Business Meeting June 7, 2010 Page 5 of 9 Mayor Sandoval closed the public tesimony portion of the hearing at 8:28 p.m. Mayor Sandoval declared a recess at 8:29 p.m. for the purpose of a break. The meeting was reconvened at 8:41 p.m. Mayor Sandoval suggested that the Council discuss outstanding items to give staff direction, then have the documents reworked so they are clear and revisit the matter far first reading of the ordinances on July 12. Mr. Randels spoke of the importance of including secondary homes within the ordinances; he noted that the historic nature of Port Townsend is not just the pivotal and primary buildings but the entire fabric of the town and it would be a hollow act on the part of the Council if only 20 or 30 buildings were considered subject to preservation. Council members discussed the three language options presented regarding maintenance -demolition by neglect. Consensus was in favor of Option 3, taken from the National Trust "Demolition by Neglect" because of its simpler language which will allow more flexibility in dealing with these situations. It was noted the attendant challenge is establishing fairness in implementation which will be achieved through precedent. In response to Mr. Randels, Mr. Watts stated that not many jurisdictions have adopted the National Trust "Demolition by Neglect" language but he believes it is workable in that decisions will be fact dependent. Ms. Robinson suggested including some reference to process, even if it is simply a list of other codes which would interact with this. Ms. Sandoval is wary of getting into spelling out the process, which may take away some flexibility for individual cases. Ms. Robinson stated that she really just wants citizens to know what their options are. Mr. Welch stated that rather than codifying a process, perhaps a statement of intent would be helpful. Consensus of the Council was to make all commercial and residential structures subject to the historic preservation code (and not exempt non-residential buildings located outside the National Historic Landmark district). This will not require a change to the currently proposed language. Council agreed on inclusion of secondary homes within the scope of this ordinance but Ms. Robinson cautioned against using the phrase "design review" as it may indicate to people that secondary homes are subject to Historic Preservation Committee review. City Council Business Meeting June 7, 2010 Page 6 of 9 Discussion regarding the bulk and scale provisions was held. Mr. Randels continued to support a limit on maximum size, perhaps with a departure mechanism built in. He suggested a conditional use permit for structures over 6,000 square feet. Ms. Nelson agreed that the daylight plane regulations do not cover undeveloped areas although they tend to protect existing neighborhoods; she believes a maximum size limit would protect future neighborhoods which have not yet been developed. Mr. Randels stated he has had personal experience with a neighborhood in which a 20,000 square foot house was constructed. This item will remain on the discussion list far the next meeting at which the ordinance is addressed. Mayor Sandoval stated that the matter will return to the Council at the July 12, 2010 meeting. UNFINISHED BUSINESS NEW BUSINESS Ordinance 3039, Amending and Updating Port Townsend Municipal Code, Chapter 16.04, Building Construction Code Mr. Watts reviewed the packet material, noting that minor local changes recommended by the Building Official have been incorporated. There was no public comment. Mr. Randels noted a typographical error in the final paragraph of page 1 of the Ordinance, to change "Code" to "Codes." Motion: George Randels moved to waive Council rules and adopt Ordinance 3039, Amending and Updating Port Townsend Municipal Code, Chapter 96.04, Building Construction Code with correction of typographical error. Mark Welch seconded. Vote: motion carried unanimously, 7-0 by voice vote. Resolution 10-018, Authorizing the City Manager to apply for a USDA Rural Development Library Initiative Loan/Grant Package Grants Administrator Ken Horvath reviewed the packet materials. He stated the approval tonight is for submission of the application only. There was no public comment. City Council Business Meetiug June 7, 2010 Page 7 of 9 Motion: David King moved to authorize the City Manager to apply for a USDA Rural Development Library Initiative Loan/Grant Package. George Randels seconded. Vote: motion can-ied unanimously, 7-D by voice vote. Golf Course Lease Agreement Amendment Mr. Timmons reviewed the packet materials, Hating that this represents a minor amendment to the terms of the lease between Mike Early Galf Shop and the City. There was no public comment. Motion: Mark Welch moved to authorize the City Manager to execute an amendment to the golf course lease to allow a temporary (not to exceed 3 years) waiver of percentage fees for food service. David King seconded. Vvte: motion carried unanimously, 7-D by voice vote. PRESIDING OFFICER'S REPORT Mayor Sandoval thanked staff for their work on the Rosecrans Terrace issue. CITY MANAGER'S REPORT Mr. Timmons reported on the following. Deputy Clerk Sheila Spears will retire at the end of June. The City is entering the final phase of the Upper Sims Way project. Notice to proceed has been given for Wave Gallery stabilization. The sign ordinance will be delayed while some issues are resolved regarding Upper Sims business signs. Ferry marketing efforts are underway; we should hear soon about the inauguration of the new ferry. Mayor Sandoval met with Upper Sims business owners regarding signs. STANDING COMMITTEE REPORTS SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION Ms. Nelson stated that the Chamber of Commerce is hosting Keven Van De Wege and Lynn Kessler at upcoming Chamber meetings. COMMENTS FROM COUNCIL EXECUTIVE SESSION City Council Business Meeting June 7, 2010 Page 8 of 9 ADJOURN There being no further business, the meeting was adjourned at 9:47 p.m. Attest: G~~~ 4 (~- Pamela Kolacy, MMC City Clerk City Council Business Meeting June 7, 2010 Page 9 of 9