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HomeMy WebLinkAbout11172003CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF NOVEMBER 17, 2003 The City Council of the City of Port Townsend met in regular session this seventeenth day of November, 2003, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Kees Kolff presiding. CALL TO ORDER AND PLEDGE OF ALLEGIANCE The meeting was called to order at 6:30 by Mayor Kees Kolff. Council members present at roll call were Freida Feun, Joe Finnie, Kees Kolff, Geoff Masci, Michelle Sandoval, and Catharine Robinson. Alan Youse arrived later in the meeting. Staff members present were City Manager David Timmons, City Attorney John Watts, Finance Director Michael Legarsky, Planner Jean Walat, and BCD Director Jeff Randall. CHANGES TO THE AGENDA There were no changes proposed to the published agenda. PRESIDING OFFICER'S REPORT Motion: Ms. Sandoval moved to approve appointment of Marian Huxtable to the Non- Motorized Transportation Advisory Board to fill Position 6 (unexpired term ending May 1, 2004). Ms. Robinson seconded The motion carried unanimously, 6-0, by voice vote. Bob Peden and Catherine McNabb were present to update the Council on the United Good Neighbors campaign. Bill Tennent presented the third quarter report from the Jefferson County Historical Society. The Mayor noted that he, Ms. Fenn and Ms. Sandoval attended the Senate Land Use & Planning Committee hearing in Port Hadlock. He stated the three were attending as individuals not representatives of the Council. Because there was not enough notification of the meeting to develop an official city response, he recommended that the CD/LU Committee draft a response to the questions posed by the Senate Subcommittee and bring it before the Council for discussion. Mr. Masci requested that a tape of the meeting be acquired for the other councilors to view prior to the discussion. City Council Business Meeting Page 1 November 17, 2003 Mayor Kolff noted there is a vacancy on the policy committee of the National League of Cities and asked Councilors to consider participating if they are interested. Mr. Fumiaki Gendo was present to receive a proclamation honoring him for his contribution to international peace, intercultural understanding and interpersonal friendship. CITY MANAGER'S REPORT A special City Council meeting was set for December 11 at 7 p.m. The topic will be the utility rate study. Mr. Timmons noted that he has signed a Public Works Trust Fund loan agreement as a placeholder for 2004. PUBLIC COMMENT (Consent and Non-Agenda Items) Tim Snider urged the Council to exercise fiscal restraint during the upcoming budget process. Terri McQuillan made comments about Robert's Rules of Order. CONSENTAGENDA Motion: Ms. Fenn moved for approval of the following items on the Consent Agenda. Ms. Sandoval seconded. The motion carried unanimously, 6-0, by voice vote. Approval of the following Bills, Claims and Warrants: Vouchers 87874 through 87886 in the amount of $38,823.42 Voucher 87887 in the amount of $2,873.82. Vouchers 87888 through 88028 in the amount of $159,244.76 Vouchers 1105031 through 1105037 in the amount of $67,960.72 Voucher 1106031 in the amount of $627.57 Approval of Minutes as submitted for October 27, 2003, October 30, 2003, and November 3, 2003 UNFINISHED BUSINESS ORDINANCE 2841 AN ORDINANCE FIXING AND ADOPTING PROPERTY TAX LEVIES Mr. Timmons noted that a public hearing was held on November 3, and at that time the ordinance was approved for first reading at 1% general tax levy increase and 1% EMS levy increase. City Council Business Meeting Page 2 November 17, 2003 Motion: Ms. Robinson moved for adoption of Ordinance 2841. Ms. Sandoval seconded. Ms. Fenn spoke in support of the ordinance. She urged citizens to become more informed about the entire budget; she added that the proposed increase does not even cover the current year cost of living figure. Ms. Sandoval also spoke in support of the ordinance, noting that the city's fixed expenses are continually increasing and provision of basic services becomes more expensive every year. Vote: the motion carried, 5-1, by roll call vote, with Masci opposed. ORDINANCE 2840 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING ORDINANCE 2705 AND ADOPTING ARCHITECTURAL AND SITE DESIGN STANDARDS FOR PROPERTY DEVELOPMENT WITHIN THE NON-HISTORIC COMMERCIAL AND MIXED USE DISTRICTS AND ESTABLISHING A PROCESS FOR DESIGN REVIEW OF NON-HISTORIC COMMERCIAL, MIXED USE AND MULTI-FAMILY DEVELOPMENT Planner Jean Walat presented the ordinance. She noted that the Planning Commission held an open record public hearing and unanimously recommended adoption. The Council heard public comment and reviewed the ordinance on October 23 and approved a first reading. Ms. Walat reviewed the staff report, highlighting the proposed changes made to the ordinance and exhibits since the October 23 meeting. Mr. Youse arrived at 7:25 p.m. She noted that one of the exhibits is a letter from James Lindsay as a representative of George Barber. She noted in response that all the provisions of the ordinance do not apply to every project and that no one project must meet every standard. She also distributed Exhibit "G" which amends Exhibit "D" addressing the composition of the Design Review Advisory Committee. Public comment: Jim Lindsay: distributed final copy of the draft letter which was in the packet (dated November 13, 2003). He spoke critically of the ordinance, and stated he had not known this work was in progress. He feels that it will increase building costs for future developments in the city. He suggested delaying adoption and having staff analyze several properties and cost them out under the new and prior standards. City Council Business Meeting Page 3 November 17, 2003 Bruce Tipton stated this would make it more difficult to build in the city. RECESS The meeting was recessed at 7:45 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 7:50 p.m. City Attorney Watts commented on the portion of the Lindsay letter stating that the 50 foot buffer requirement may be construed as a "taking." He defined "taking" as a government regulation which poses an oppressive or onerous burden on property that renders development uneconomical, thus requiring the government to compensate the property owner. Mr. Watts recommended that he review the ordinance and report back to the Council for possible revision regarding this language, but stated that he does not recommend the ordinance adoption be delayed. Mr. Lindsay stated that the ordinance ignores the policy statement in the Gateway Plan. Motion: Ms. Sandoval moved to adopt 2840 with revisions stated in the memo dated Nov 17 by Jean Walat in regard to commercial design standard composition of the committee. Ms. Robinson seconded Ms. Sandoval noted that she was the Council representative on the C-II committee, that the issue has had four years of discussion and revision, with numerous people of various qualifications sitting on the Committee throughout the years. There were many meetings and a great deal of public comment. Ms. Fenn spoke in support of the ordinance, stating that the legislation is visionary and the Council must look to the future. Mr. Finnie suggested that the appointees to the C-II Design Review Board be confirmed by a super majority of the Council. He stated that, within his experience, the Historic Preservation Committee is a politically constructed committee made up of a majority who embrace the philosophy of the Council majority. He asked if it would be legal to require affirmative votes from 5 Council members to confirm appointment. Mr. Watts noted that the Council can determine qualifications, processes, and the necessary majority to appoint or confirm appointments to any advisory committee. Mr. Finnie noted he does not have a big problem with the construction of the ordinance but he does have concerns with the City's politics as reflected in the construction of the HPC and now in the prospect of the construction of this Design Review committee. City Council Business Meeting Page 4 November 17, 2003 Motion to Amend: Mr. Finnie moved that appointment to the advisory board requires confirmation of five council members. Mr. Masci seconded Ms. Sandoval asked how the Council would proceed if there was an inability to confirm any suggested member. Mr. Watts stated there is a legal doctrine called the "rule of necessity" - this means that one person can become a board when it becomes necessary to take action; if there are not appointments and a board is not functioning at the time of an application, then the review would be conducted by BCD staff. Mr. Masci stated another layer of"culture police' will add months to projects and additional costs that may or may not be documented by the developer. He stated his preference to eliminate the committee, let BCD make the administrative decision and have appeal to a hearings examiner. Barring elimination of the committee, he would support Mr. Finnie's amendment. Mr. Youse stated he believes the city could cut down bureaucracy by not having citizen committees. He stated that a super majority vote would mean an agreement of the factions of the council that the nominee is a reasonable person. He stated the committee may make it easier for the business community in the long run as there would be more predictability on review. Ms. Robinson stated she was not convinced of a need to change the appointment policy from that used for other boards and committees. She also stated that there are very few projects anticipated to go through this process; she added that there are many nights when only four Councilors are present and that would prevent any appointments from being made at those sessions. Mr. Kolff stated that he believes this council and previous councils have done a good job of keeping a balance of opinions on the various advisory boards. Vote on amendment: amendment to require super-majority approval of Board members failed, 3-4, Masci, Finnie, Youse in favor; Kolff, Sandoval, Fenn, Robinson opposed Motion to amend: Mr. Masci moved to abolish in its entirety provision for a C-H Design Standards Review Board Mr. Youse seconded Ms. Fenn stated that a citizen group frees the staff to do staff work and empowers the citizens; it also means the City can take advantage of citizen expert input. Mr. Finnie stated he agrees that there is a value in these types of design review committees because of the knowledge base that exists which we could not afford to buy. He added that he still has concern that this is a committee that can be leveraged politically. City Council Business Meeting Page 5 November 17, 2003 Vote: amendment to abolish establishment of Design Review Committee failed 2-5, by voice vote, with Masci and Youse in favor. Mr. Masci stated he sees design standards as a deterrent to economic development and expansion. Mr. Finnie stated that the legal concerns should be brought back to the council as soon as possible. Mr. Watts stated this could be done early in December. Ms. Robinson clarified that this would be in effect for new construction but for existing buildings would apply to expansion or remodel only. Mr. Watts confirmed that it would apply to new construction over 1000 square feet as well as substantial alterations as defined by the building code. Mr. Kolff stated he has heard that people like predictability, and knowing what they can and cannot do on their property. He stated that he is not convinced this will have a detrimental effect on economic growth. Vote: main motion to adopt Ordinance 2840 carried 4-3, by roll call vote, with Finnie, Masci and Youse opposed NEW BUSINESS Mr. Watts referred to the agenda bill, stating that Council is requested to approve a revision, from ten feet to twenty feet, of a "no build" easement that the Council authorized on August 30, 2001. The revision resolves construction issues that have developed between Allen/Tipton and the City since the easement was granted. The easement revision benefits the City because it resolves, without detriment to the City, the construction issue and by having Allen acknowledge boundaries based on a city survey to avoid any potential claims based on prescriptive easement or adverse possession. Bruce Tipton and Jana Allen were present and gave brief presentations, indicating they would not release the City from any past construction claims although they also both stated they did not wish to make any such claims. Motion: Mr. Youse moved to authorize the City Manager to revise the easement from ten feet to twenty feet. Mr. Masci seconded Mr. Watts noted that staff's recommended motion would include the phrase "consistent with the above staff report" which calls for Allen and Tipton to sign the release. Mr. Watts added he has reviewed all documentation and to claim a mistake was made in 2001 is not bome out in the documents. He said the bottom line is that this is a mater of interpretation and application of the statewide building code. The City cannot waive the firewall requirement. City Council Business Meeting Page 6 November 17, 2003 Vote: motion failed, 2-5, by voice vote, with Masci and Youse in favor. Motion: Ms. Fenn moved to authorize the City Manager to revise the easement from ten feet to twenty feet, consistent with the above staff report. Ms. Robinson seconded The motion carried, 5-2, by voice vote, with Masci and ¥ouse opposed. STANDING COMMITTEE REPORTS Community Development/Land Use: Council Comments on Port of Port Townsend Comprehensive Scheme Ms. Sandoval noted that the committee is requesting the City Council to provide a formal comment letter on the various alternatives presented in the Port's Comprehensive Scheme. She noted that Senior Planner Judy Surber has drafted a letter, which is included in the packet. The letter is a draft and will be reviewed at the next CD/LU meeting for refinement. The final proposed letter will be brought forward to the City Council for approval. She stated that comments will be accepted until December 15 and that the CD/LU Committee was assigned this task by the full council. EXECUTIVE SESSION At 9:30, Mayor Kolff announced the Council would go into executive session to discuss a collective bargaining agreement issue. He stated the session would last approximately fifteen minutes and that no action would be taken after the session. RECONVENE The meeting was reconvened at 9:45 p.m. ADJOURN There being no further business, the meeting was adjourned at 10:00 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 7 November 17, 2003