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HomeMy WebLinkAbout06202005 . CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF JUNE 20, 2005 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this twentieth day of June, 2005, at 6:30 p.m. in the Port Townsend temporary Council Chambers in the Cedar Room of the Waterman & Katz Building, Mayor Catharine Robinson presiding. ROLL CALL Council members present at roll call were Frank Benskin, Freida Fenn, Kees Kolff, Geoff Masci, Laurie Medlicott, Catharine Robinson, and Michelle Sandoval. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, Long Range Planning Director Jeff Randall, and City Clerk Pam Kolacy CHANGES TO THE AGENDA . Ms. Robinson noted that the Council had received a Memorandum regarding the proposed addition of a Consent Agenda item regarding revision of the M-II (B) zoning code with regard to square footage requirements for restaurants. Motion: Ms. Fenn moved to add the item to the consent agenda as Item J. Mr. Masci seconded. Motion carried unanimously, 7-0, by voice vote. PROCLAMATION Mayor Robinson read a Proclamation in recognition of Amateur Radio Week. John Ebner was present to accept. COMMENTS FROM THE PUBLIC (Consent and non-agenda items) Vanessa Brower: reported on the South Seven senior housing project. Kathryn Jenks: asked when Council will adopt process for dealing with individual requests for statutory street vacations. David Goldman: asked what is City's emergency plan for a backup facility in case of natural disaster such as earthquake. . City Council Meeting Page 1 June 20, 2005 . RESPONSE (Mayor, Councilor, Staff) City Attorney John Watts stated the City has received 30-35 requests by letter for statutory street vacations, and has one pending lawsuit which is being processed. The City is continuing to review legal issues and working on potential lawsuit settlement to address neighborhood and Council concerns. The Council has not yet determined a process on how to respond to individual requests; much time has been spent on resolving the lawsuit and that settlement may provide a model for how others might be resolved. He estimated the Council would begin to adopt a process for other street vacations in the next month. City Manager David Timmons noted that the City Hall seismic reinforcement (at 540 Water) is near completion; the last major component is roof replacement, which should be underway soon. He added that the new Fire Station can be used for City functions in an emergency and that most software is located off site at this time; the City is also working in concert with Jefferson County in terms of emergency management assets. CONSENT AGENDA Motion: Ms. Fenn moved for approval of the following items on the Consent Agenda. Ms. Sandoval seconded. The motion carried unanimously, 7-0, by voice vote. . Approval of Bills, Claims and Warrants Vouchers 94257 through 94445 in the amount of $1 ,083,712.70 Vouchers 615051 through 615052 in the amount of $131.46 Vouchers 620051 through 620058 in the amount of $70,586.63 Approval of Minutes: May 23, 2005 June 6, 2005 Adoption of Ordinance 2900, vacating an alley ROW lying between Lots 3-9 and Lots 12-18, Block 49 of the Fowler's Park Addition to the City of Port Townsend; establishing conditions to the Street Vacation; and establishing an effective date. Approval of Resolution 05-025, setting a public hearing date of July 18, 2005, or as set by the Mayor, in consultation with city administration, in the event of an administrative appeal being filed preventing hearing on July 18, to consider the WidmerlGreat Western Street Vacation request. . Adoption of Ordinance 2876, amending PTMC Chapter 2.10, City Manager, Section 2.10.040 Relating to Powers and Duties of the City Manager, to provide authority to the City Manager to establish library rules and regulations, including fines for overdue library materials. City Council Meeting Page 2 June 20, 2005 . Authorization for the City Manager to execute a use agreement with Master Gardeners and WSU for the Dahlia Garden consistent with the key terms in the summary. Approve expenditure of funds in the amount of $22,385.60 for Self Contained Breathing Air Cascade Storage Systems (fire fighting equipment). Adoption of Ordinance 2901, extending a moratorium on the filing of applications for licenses, permits and approvals for adult businesses. Approval of letter supporting the Port's request for full-time customs agent. Task the Planning Commission as follows: In conjunction with the Planning Commission's review of the draft SMP amendments, prioritize and return a recommendation to Council as soon as practical (and in advance of the balance of the Planning Commission review of the draft SMP) regarding: (1) SMP policies concerning restaurants within M-II (B) zoning, and (2) M-II (B) zoning code amendments with regard to square footage requirements for restaurants. PUBLIC HEARINGS ORDINANCE 2898 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AMENDING CERTAIN SECTIONS OF TITLE 17 OF THE PORT TOWNSEND MUNICIPAL CODE, ZONING DEFINING DUPLEXES, TRIPLEXES, FOURPLEXES, TOWNHOUSES, AND ATTACHED SINGLE-FAMILY DWELLINGS; AND, ESTABLISHING STANDARDS FOR THE PLACEMENT OF MANUFACTURED HOSING INTENDED TO COMPLY WITH SENATE BILL 6593; AND, DECLARING AN EMERGENCY AND THE NEED TO AMEND THE PORT TOWNSEND COMPREHENSIVE PLAN OUTSIDE OF THE ANNUAL AMENDMENT CYCLE TO MODIFY POLICY 7.3 OF THE LAND USE ELEMENT TO PERMIT MANUFACTURED HOUSING IN ALL RESIDENTIAL ZONING DISTRICTS THROUGHOUT PORT TOWNSEND SUBJECT TO APPROPRIATE STANDARDS Mayor Robinson reviewed the rules for legislative public hearings and noted the rules will apply to all four public hearings on tonight's agenda. She asked if any Council members had any financial or property interests to disclose in connection with the matter. There were none. Long Range Planning Director Jeff Randall presented the staff report and provided a handout of his PowerPoint presentation. . Mr. Kolff asked in what ways are manufactured homes not consistent with the International Building Code. City Council Meeting Page 3 June 20, 2005 . Mr. Randall stated there is a separate set of manufacturing construction codes under Housing and Urban Development (HUD) specifically for manufactured housing. He stated he could not speak to any differences, as he is not an engineer. He added that the separate standards include a set of energy standards. In answer to another question, Mr. Randall stated that additions must be designed by an engineer or architect and this is not a common occurrence. Mr. Randall noted that a minority report is included in the materials, which expressed concerns over requirements in the ordinance that manufactured homes must be "double wide" dimensions and new, saying this limits the affordability of the housing option. Mr. Randall also noted that an addition to require a permanent foundation was added by staff after the Planning Commission's recommendation was completed, but during discussions this was clearly supported by the majority of Planning Commissioners. Public comment: . Vanessa Brower: stated that the South Seven participants do not oppose the ordinance as written. She said that some of the South Seven units are "stacked" with constructed ceilings and floors bolted together. She added that usually a manufactured home comes on a chassis with axels and a modular comes on a flatbed and is craned or skidded off. Mr. Randall said he had spoken with Ms. Brower regarding the South Seven walls and floor/ceiling assembly and that the intent was to include that sort of construction in the code to be allowed. Ms. Fenn asked if the Planning Commission discussed whether there were public safety issues or energy efficiency issues with homes that were not new - is there a date at which manufactured homes would have an equivalent rating even though they are not new? Mr. Randall stated the HUD has probably been slowly upgraded over the years; the City of Port Angeles appears to have adopted standards with state guidelines but they allow homes which have been produced within the last three years rather than specifying they must be new. Ms. Sandoval asked if there is a requirement in the code for title elimination so that a manufactured home becomes real property rather than personal property. Mr. Randall stated that is not part of the current proposal. . Ms. Sandoval asked about the requirements for owner occupancy. Mr. Randall stated there are currently no requirements for owner occupancy if density standards City Council Meeting Page 4 June 20, 2005 . are met; they would kick in when an ADU was built. The bonus density allowed with an ADU also requires the owner to live in one of the two dwellings. In answer to Mr. Masci's question, Mr. Randall stated that the 24 X 36 dimension is one of the few standards that may apply only to manufactured homes, not all single family units. In answer to Mr. Kolff, Mr. Randall stated that the intent of "nominal" 3: 12 roof pitch is to make that the minimum roof pitch. Mr. Masci asked if a green roof would be allowed with a manufactured home body; Mr. Randall said this could be done with a modular unit, but not a manufactured home. In answer to Mrs. Medlicott, Mr. Randall stated that roof pitch for a stick built home can be anything that complies with the code or that is stamped by an architect or engineer. Clarification in response to council questions: . Vanessa Brower stated the roof pitch standard for the South Seven Project is 6: 12 and constructed so they can be moved down the highway flat; she believes the intent was to have a minimum but many run 4 and 4.5; modulars can be whatever the architect chooses. Motion: Ms. Sandoval moved to approve first reading of Ordinance 2898. Ms. Fenn seconded. Amendment: Ms. Robinson noted the ordinance should be edited to say the public hearing was held on June 20, rather than June 6. There was no objection. Mr. Kolff stated his interest in the minority opinion regarding how the Camp Plan could be better upheld if single-wides were allowed as opposed to only double- wides, and if we were not so tight in mandating that the structures be new. Motion to Amend: Mr. Kolff moved to change the word "nominal" to "minimal" (before "3:12 roof pitch') on page 2, line 44. Mr. Masci seconded. Motion carried, 4-3, Benskin, Masci and Medlicott opposed. Motion to Amend: Mr. Benskin moved to remove the roof pitch requirement entirely in section 1 (b). Mr. Masci seconded. Mr. Masci spoke in support, noting that other structures are allowed flat roofs so this discriminates against someone who has chosen a less costly option. . Mr. Randall noted this is the definition that the state legislature offered; he stated he needs to research and determine whether a single option can be removed from the City Council Meeting Page 5 June 20, 2005 . requirements. He added that the rationale behind requiring roof pitch was that it makes the structure look more like a traditional house. Mr. Benskin stated that the City could make up its own standards as long as they are not discriminatory but they can't be called "terms" and use definitions as they are defined in the RCW. Vote on amendment failed, 3-4, Benskin, Masci and Medlicott in favor. Motion to amend: Mr. Masci moved to strike (a) of section 1 regarding minimum size. Mr. Kolff seconded. Mr. Benskin spoke in favor, stating that this affords the opportunity to have a variety of housing in Port Townsend, which would not otherwise be available if minimum size were 24 x 36. In answer to Mr. Kolff's question, Mr. Randall stated he did not know what an appropriate minimum dimension would be; he has never seen a manufactured home smaller than 14 X 36. He stated he would research the issue. In answer to Mrs. Medlicott, the current minimum regulation for housing units would be that for the "efficiency dwelling unit." . Ms. Sandoval noted that when you get what is beyond typical manufactured housing, it is difficult to get financing; if financing is not available, this would not help the units to be affordable housing. She stated that there is no financing available for manufactured homes built before 1979 and that banks do not lend on anything under 700 square feet. Motion carried, 4-3, Sandoval and Robinson opposed; Fenn abstaining. Motion to amend: Ms. Robinson moved to change references to "new" to "constructed (or manufactured) within the previous three years." [staff to determine appropriate wording] Ms. Fenn seconded. Clarification by Mr. Masci that previous ownership would not impact the definition of the three years. There was no disagreement. Vote: motion to amend carried, unanimously, 7-0, by voice vote. Motion to amend: Ms. Sandoval moved to amend the ordinance by adding a requirement for title elimination if the unit is placed on a lot, with the intent to make the unit real estate rather than personal property. Mrs. Medlicott seconded. Motion carried unanimously, 7-0, by voice vote. . Motion to amend: Mr. Benskin moved to redefine "foundation" to include permanent foundation with a space between the bottom of the unit and the ground of not more City Council Meeting Page 6 June 20, 2005 . than one foot. Mr. Masci seconded. The motion carried unanimously, 7-0, by voice vote. Mr. Randall will return with information requested during the discussion (including when HUD standards became equivalent to the Building Code; whether there is minimum size per HUD for individual dwelling unit to be stickered as a manufactured home; whether definitions can be changed for some of the state suggested requirements; whether there can be less than a 3: 12 pitch on a manufactured home.) Vote on main motion as amended (first reading of Ordinance 2898): motion carried unanimously, 7-0, by voice vote. RECESS Mayor Robinson called a recess at 8:22 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:35 p.m. RESOLUTION 05-026 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, APPROVING THE 2006-2011 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM AND AUTHORIZING THE CITY MANAGER TO SUBMIT THIS TO THE STATE Mayor Robinson stated that this public hearing was subject to the same rules of order as the previous public hearing. No council members had financial or property interests in the matter to disclose. Public Works Director Ken Claw reviewed the packet materials, noting that discussion had occurred at the last Council business meeting and highlighting the major changes from last year's Plan. Public comment: Nancy Dorgan: asked if the TIP has any specifics regarding traffic circles in Upper Sims Way. Mr. Claw stated that the specifics are still being developed although the overall project is first on the list; the TIP simply states that the segment is the City's top priority, not what it will look like. . City Council Meeting Page 7 June 20, 2005 . Motion: Mr. Masci moved for approval of Resolution 05-026. Mr. Kolff seconded. The motion carried unanimously, 7-0, by voice vote. ORDINANCE NO. 2899 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON ADOPTING CERTAIN AMENDMENTS TO THE NARRATIVE TEXT AND TABLES OF CHAPTER 19.05 OF THE PORT TOWNSEND MUNICIPAL CODE (PTMC), "ENVIRONMENTALLY SENSITIVE AREAS," IN ORDER TO INCLUDE THE BEST AVAILABLE SCIENCE AS REQUIRED UNDER RCW 36.70a.172, AND TO BE CONSISTENT WITH, AND IMPLEMENT THE GOAL AND POLICY DIRECTION CONTAINED IN THE PORT TOWNSEND COMPREHENSIVE PLAN; ALL IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF CHAPTER 20.04 PTMC AND THE GROWTH MANAGEMENT ACT OF 1990, AS AMENDED (CHAPTER 36.70A RCW). Mayor Robinson stated the previously read rules of procedure for public hearings would apply. No Council member disclosed a financial or property interest in the matter. . The staff presentation was done by Eric Toews of Cascadia Planning. He noted that this was put on a separate track because of its complexity and because of the work being done on the Shoreline Master Program; staff desired as much efficiency as possible in terms of development of the best available science for both documents. Mr. Toews stated that the code update is being done for many reasons which include: compliance with state statute requirements; better protection for the environment, life and property; reducing necessity for future clean up; and making the code easier to administer. He added that the Planning Commission memo dated June 9, 2005, describes the key components of the amendments to the ordinance. Critical key changes affect the following; 1) treatment of wetlands; 2) geologically hazardous areas; applicability and exemptions; reasonable use exceptions; and mitigation provisions. Public comment: . Nancy Dorgan: stated she has provided written comments for the public record regarding opposition to any net loss of sensitive areas and addressed the issue of the update of the City's stormwater manual and adoption of the Department of Ecology's update. She stated she wants to see stormwater protections in place before the growth boom. City Council Meeting Page 8 June 20, 2005 . Mr. Toews responded that the City Attorney will weigh in before the process is concluded; the "net loss" pertains within the shoreline jurisdiction, but the issue is less clear when talking about upland areas outside the shoreline jurisdiction. Regarding the stormwater issue, it was considered at length by Planning Commission and after much input, it was recognized that the real concern is confusion of process. Merely making reference to the stormwater manual within this ordinance does not have the effect of adoption. Currently the city has an Engineering Design Standards Manual with standards derived from the 1993 stormwater manual; it is within the City's CIP program to be addressed in the near term and the concern of the Public Works staff was to have requirements that are clear, are reflected in the Engineering Design Standards Manual and not adopt a code provision which is in conflict with the EDS manual while the update is under way. Mr. Kolff noted that page 69 (G) (1) (b) addresses the issue and asked ifthere would be a problem with specifying that this means no net loss. . Mr. Toews stated that "no net loss" is a language of art that imposes a higher standard. He said the goal since the very beginning was to avoid loss of these areas, and at the same time permitting development and conditioning it in a way to protect Port Townsend's critical areas. The mitigation regime throughout the code is intended to do just that, to avoid loss of wetlands. It is the terminology "no net loss" which is a concern for many in imposing a standard the city may not be able to meet, particularly in upland areas outside of shoreline jurisdiction. He added that certain small isolated wetlands are excluded, which probably couldn't happen if the language required "no net loss" - there is a mitigation regime which seeks to replace functions wherever possible, but in an urban area a "reasonable use" exception must be able to be made for property without resulting in taking without compensation. Ms. Sandoval asked how setback issues fold in to the Shoreline Master Program and how would conflicts be resolved. Mr. Toews replied that in the event of inconsistency, the SMP would apply and trump the critical areas ordinance. Audience clarification: None Motion: Ms. Fenn moved for first reading of Ordinance 2899. Ms. Sandoval seconded. The motion carried unanimously, 7-0, by voice vote. ORDINANCE 2897 . AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, AMENDING A SUBSECTION OF 17.08.040 I THROUGH M, DEFINITION OF "LOT AREA," AND AMENDING SECTION 17.16.030 BULK, DIMENSIONAL AND DENSITY REQUIREMENTS, OF TITLE 17 ZONING OF THE PORT TOWNSEND MUNICIPAL CODE, RELATING TO SETBACKS AND DEVELOPMENT City Council Meeting Page 9 June 20, 2005 . REGULATIONS OF LOTS AFFECTED BY STATUTORY VACATION, AND ADOPTING INTERIM REGULATIONS REGULATING LAND USE Mayor Robinson again noted that the rules of procedure for public hearings and asked if any Councilors had financial or property interests to disclose in connection with the matter. Mr. Watts reviewed the previous issues of disclosure, noting that Mrs. Medlicott owns property that could be affected by the statutory street vacation ordinance when the Council was considering interim use and zoning regulations; at that time he stated that this was a legislative matter and recusal might not be necessary but could put the City in a more favorable position in case of a legal challenge. Ms. Sandoval's participation has been challenged, but both MRSC and Attorney Steve DiJulio have rendered opinions which are consistent with the City's determination that Ms. Sandoval does not have a conflict of interest because she would received no direct benefit from the interim ordinance. Mr. Watts stated that from this point, if Mrs. Medlicott wishes to participate, the likelihood of challenge would be very small. Mrs. Medlicott stated she would recuse herself from consideration of the matter and left the meeting. Ms. Sandoval noted for the record she is co-owner of Windemere Real Estate and is a real estate agent in the city. . Mr. Watts then reviewed the packet material, noting that tonight's schedule fulfills the requirement to hold a public hearing within 60 days of the passage of an interim zoning regulation. He noted that explicit findings are contained in the ordinance so there is no need to adopt separate findings. He also noted that if no Council action is taken tonight, the interim ordinance will remain in place for six months from May 3, 2005. Public comment: Chris Jones: a member of Non-Motorized Transportation Advisory Board, speaking as an individual, spoke in favor of preserving existing rights of way and continuing the interim ordinance for more input on creative ways to preserve the network of trails and bike lanes which are included in the proposed street vacations. Mayor Robinson declared public testimony closed. Motion: Mr. Masci moved to repeal Ordinance 2897. Mr. Benskin seconded. The motion failed, 2-4, Benskin and Masci in favor. CITY MANAGER'S REPORT . Mr. Timmons reported on the following City Council Meeting Page 10 June 20, 2005 . S.A.F.E.R. grant to subsidize volunteer and career fire staff ALEA grant for Quincy Street waterfront improvements, including negotiations with Port of Port Townsend regarding quit claim deed. Rural Heritage Grant Skate Park will be rebid once more with opening on July 13 Live feed for televised Council meetings Two-week closure of 1 ih Street behind Henery's. Planning Commission has deferred action on Adult Entertainment ordinance. New hires within the City. Fire Hall progressing toward final completion in mid-July. City Hall progressing on schedule. Proposed meeting with Port Director re location of garbage/recycling bins. . COMMENTS FROM COUNCIL Motion: Mr. Kolff moved for approval of Ms. Sandoval's participation by telephone at the June 27 Council meeting. Mr. Benskin seconded. The motion carried unanimously, 6-0, by voice vote. ADJOURN There being no further business, the meeting was adjourned at 9:33 p.m. Attest: " --...L ;' (J(j/Yì-ì : -'-f-~) /-{~A-c.~x--- d Pam Kolacy, CMC City Clerk . City Council Meeting Page 11 June 20, 2005