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HomeMy WebLinkAbout082106 CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF AUGUST 21, 2006 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this twenty-first day of August, 2006, at 6:30 p.m. in the Port Townsend temporary Council Chambers in the Port Townsend Fire Station conference room, Mayor Mark Welch presiding. ROLL CALL Council members present at roll call were Laurie Medlicott, Michelle Sandoval, Catharine Robinson, and Mark Welch. Frank Benskin and Scott Walker were excused. Geoff Masci was absent. Staff members present were City Attorney John Watts, Public Works Director Ken Clow, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mayor Welch stated that discussion of the final procedures for the Rosecrans appeal would be added to the agenda as item "F" under Unfinished Business. Ms. Sandoval requested that item "D" be removed from the Consent Agenda and placed as item "G" under Unfinished Business. PRESENTATION Kelly Suswind and Pat Daily of the Washington State Department of Ecology presented awards of excellence to the City for the Wastewater Treatment Plant - main treatment plant and biosolids facility. Operations Manager John Merchant accepted on behalf of the City. COMMENTS FROM THE PUBLIC (consent and non-agenda items) David McCulloch spoke in support of the Bicycle and Pedestrian Safety plan and urged staff and Council to flesh out the details; suggested a separate committee to research and advise on the details of the education plan. CONSENT AGENDA Motion: Ms. Robinson moved for approval of the following items on the Consent Agenda. Mrs. Medlicott seconded. The motion camed unanimously, 4-0, by voice vote. City Council Business Meeting Page 1 August 21, 2006 Approval of Bills. Claims and Warrants Voucher 98757 in the amount of $30,353.84 Vouchers 98768 through 98921 in the amount of 225,200.40 Voucher 98935 in the amount of $81.88 Voucher 804061 in the amount of $107,335.05 Approval of Minutes: July 25, 2006; August 7, 2006; August 14, 2006 Implementation of Pedestrian and Bicycle Safety Program Action: 1) authorize submission of recommended grants outlined in program binder; 2) task administration to implement elements recommended in the plan for Public Works, Non-Motorized Transportation Advisory Board, and other partners; 3) authorize administration to enter into a partnership agreement with the School District to carry out the education objectives via the School Resource Officer; 4) refer authorizing administration to proceed with hiring a Community Resource Officer to the Public Safety Committee for review and recommendation to the full Council. Implementation of Library Building Feasibility Study Action: Move to authorize the City Manager to enter into a contract with Cardwell Architects to conduct a PT Library facility feasibility study and draft the library expansion/improvement study document and direct staff to prepare a supplemental budget ordinance in an amount not to exceed $50,000 from the Madge Wallin estate settlement funds. Proposal to Purchase Integrated Permitting System Action: 1) Authorize the City Manager to enter into a contract with Interlocking Software to acquire and install the system, including remote database administration service and internet access portal; 2) Direct staff to prepare an ordinance establishing a new permitting fee to cover the cost of the system over time; 3) Direct staff to prepare a supplemental budget ordinance not to exceed $90,000 to purchase the system, with funding to be provided through an interfund loan from the Equipment Rental Fund to the General Fund. And which directs the Finance Director to develop a repayment schedule. UNFINISHED BUSINESS ORDINANCE NO 2928 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ESTABLISHING INTERIM STANDARDS AND AMENDING THE PORT TOWNSEND MUNICIPAL CODE IN REGARD TO MAXIMUM BUILDING HEIGHT IN THE COMMERCIAL PORTIONS OF THE UPTOWN NATIONAL LANDMARK HISTORIC DISTRICT; CLARIFYING THE MEASUREMENT OF DEVELOPMENT DENSITY IN R-1I1 AND R-IV ZONING DISTRICTS; ADOPTING A NEW METHOD FOR MEASURING BUILDING HEIGHTS TO LIMIT THE ALTERATION OF SITES; ESTABLISHING AN OFF-STREET PARKING REQUIRMENT FOR ACCESSORY DWELLING UNITS AND RESIDENTIAL USES IN City Council Business Meeting Page 2 August 21, 2006 THE UPTOWN COMMERCIAL DISTRICT; AND ESTABLISHING A UNIFORM METHOD OF COUNTING DAYS FOR LAND USE PROCESSES Planning Director Rick Sepler introduced the ordinance, noting it had been the subject of discussion at the Council's workshop on August 14. He noted that staff proposes these interim measures to allow time for the preparation of permanent, revised standards for certain code provisions that have been identified as warranting clarification andlor amendment. He noted that any current applications pending would not be subject to the interim standards. He noted that consistent with state law, the interim standards could be in place for six months although Council could choose a time frame. Ms. Sandoval stated she wished to disclose that she has had a previous relationship with Key City Players as she acted as the agent for their property purchase in the uptown area which is affected by suggested revision of building height limitations. Public Comment: Ian Keith: president of the Board of Key City Players stated that the group has purchased a site uptown zoned for their proposed use as a theatre; staff confirmed during a discussion that the building height limit was 50 feet, enough for the high ceiling needed for the use. He added that the major goal of a comprehensive plan is predictability for property owners. The process for amending the Comprehensive Plan is deliberately slow and the proposed change in allowable building height in the uptown commercial district from 50 to 35 feet would be a significant change to the zoning code and the goals of the Comprehensive Plan. Key City's plans for fundraising and their ability to produce a conceptual design will be significantly impacted by the proposed interim regulations. He urged the Council to honor the concept of the Comprehensive Plan and reject the change that would reduce the height allowance uptown. Albert Mendez also opposed the lowering of the height limit in the Uptown commercial district. Lee Wolodkewitsch supported Mr. Keith's statement opposing change in the Uptown building height limit. David Alvarez opposed change in height limitation, noting that the area is designated as urban commercial and 50-foot tall buildings already exist there; asked Council not to disregard Comprehensive Plan. Gwen Howard asked Council to look at the required off-street parking standards for businesses. Inge (not sure of last name, did not sign in): stated keeping height limit at 50 feet will ruin the neighborhood in the adjoining blocks. City Council Business Meeting Page 3 August 21, 2006 Doug Taylor spoke on behalf of the Key City Players and expanded on the need for the higher ceilings for bringing sets in and out. He stated that a theater in the Uptown area would be consistent with the Victorian era emphasis of the town and that rejecting the height standard change would help support culture and the performing arts. Denise Winter, artistic director for Key City Players supported Mr. Keith's statement. She stated that since Key City Players have a project pending they are put in a position of having to defend their project which is in compliance with current regulations. She stated that the City has a responsibility to keep the rules predictable. Joanne Tyler spoke in favor of the interim height ordinance, both content and process. She stated there are differences now from when the Comp Plan was adopted; supports the Uptown design charrette. Margaret Lee said she has a problem with such a complex ordinance having only one reading; she encouraged the Council not to waive rules and to insist there be at least two readings. City Attorney Watts responded to public comment. He noted that Council rules do provide for two readings for ordinances at two separate meetings and rules can only be waived with assent of a majority plus one (not possible with only four Councilors present.) He stated that the State Growth Management Act explicitly provides for the use of moratoriums and interim regulations as a legitimate planning technique; as part of the process state law requires an advertised public hearing be held within sixty days to help the Council decide whether the interim regulations should be kept in place, revised, or done away with following the public hearing. Council consensus was to discuss and vote on each section of the ordinance separately. Ms. Sandoval stated she strongly supports the Comprehensive Plan and the process that created it. She believes a charrette would be valuable to educate the public about the Comprehensive Plan and would not favor an interim limitation on building heights in the uptown district. Ms. Robinson stated that she believes the uptown district deserves its own planning process and that change mayor may not come from that process. She supports the Comprehensive Plan as a living document just as the community is a living entity. If we have the means to change the Compo Plan we should abide by that process. She added she believes 35 feet is too restrictive and that possibly an overall blanket height of 50 feet is too high. She would prefer to leave the status quo on this item and see what results from the community process. City Council Business Meeting Page 4 August 21, 2006 At Mrs. Medlicott's request, Mr. Sepler described the boundaries of the uptown commercial district, noting it is about four blocks or four acres in total area, with no vacant parcels but a number of underdeveloped properties. Motion: Ms. Sandoval moved to strike Section 1 from Ordinance 2928. Mrs. Medlicott seconded. Motion camed unanimously, 4-0, by voice vote. Motion: Ms. Sandoval moved to include Section 2 (Clarification on Density Requirements in R-1// an R-IV Zoning Districts). Ms. Robinson seconded. Motion carried unanimously, 4-0, by voice vote. Motion: Ms. Sandoval moved to include Section 3 (Establish a new method for measuring building height) in the ordinance. Mrs. Medlicott seconded. Motion carried unanimously, 4-0, by voice vote Ms. Robinson stated that she is concerned about the proposed change to the ADU parking requirements (Section 4). She noted this does not solve the problem of people parking on the edge of streets and may create another set of problems without solving the original problem. Mr. Welch stated he is concerned about the increase in impervious surface which would result from more required parking spaces; he agrees the overall issues should be examined. Ms. Sandoval stated she knows that ADUs do create an increased density of extra cars parking on the street. Mrs. Medlicott stated she would like Planning Commission to explore an alternative to paving for the required spaces but she does support requiring off-street parking. Motion: Ms. Robinson moved to strike Section 4 (Require off-street parking for Accessory Dwelling Units (ADU)). Mr. Welch seconded. Motion failed on a 2-2 tie, with Robinson and Welch in favor; Sandoval and Medlicott opposed. Motion: Ms. Robinson moved to include Section 5 (ADU development as an accessory use to single-family, attached development). Ms. Sandoval seconded. The motion carried unanimously, 4-0, by voice vote. Motion: Mrs. Medlicott move to include Section 6 (establish a uniform method for counting days in the PTMC). Mr. Welch seconded. The motion camed unanimously, 4-0, by voice vote. Motion: Ms. Sandoval moved to include Section 7 (Establish interim standards for required off-street parking in the Uptown Commercial District). Ms. Robinson seconded. City Council Business Meeting Page 5 August 21, 2006 Ms. Robinson stated she believes one reason for not requiring off-street parking was to encourage redevelopment and adaptive reuse. Vote: motion carried unanimously, 4-0, by voice vote. Motion: Ms. Robinson moved for first reading of Ordinance 2928, excluding Section 1 and all the companion "whereas" clauses. Mr. Welch seconded. The motion carried unanimously, 4-0, by voice vote. RECESS Mayor Welch declared a recess at 7:55 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:05 p.m. PLANNING PROCESS UPDATE AND DRAFT SCHEDULE Planning Director Rick Sepler reviewed the proposed planning process schedule for the last quarter of 2006. Motion: Mr. Welch moved to approve the draft schedule as presented. Ms. Robinson seconded. Motion carried unanimously, 4-0, by voice vote. RESOLUTION 06-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH MAKERS ARCHITECTURE AND URBAN DESIGN TO PROVIDE ASSISTANCE TO THE CITY OF PORT TOWNSEND TO DEVELOP THE SIME WAY/HOWARD STREET IMPLEMENTATION PLAN Planning Director Rick Sepler reviewed the agenda materials. Public comment: Susan Langlois spoke in support of approving the contract. Motion: Ms. Robinson moved for approval of Resolution 06-021. Mrs. Medlicott seconded. The motion carried unanimously, 4-0, by voice vote. City Council Business Meeting Page 6 August 21, 2006 RESOLUTION 06-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH MAKERS ARCHITECTURE AND URBAN DESIGN TO PROVIDE ASSISTANCE TO THE CITY OF PORT TOWNSEND AN DEVELOP THE NORTH DOWNTOWN HISTORIC STREETSCAPE DESIGN CONCEPT PLAN Planning Director Rick Sepler reviewed the agenda materials. Public comment: Frank Vane, member of the Arts Commission, spoke in favor of the resolution. Motion: Mrs. Medlicott moved for approval of Resolution 06-022. Ms. Sandoval seconded. Motion carried unanimously, 4-0, by voice vote. RESOLUTION 06-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH MAKERS ARCHITECTURE AND URBAN DESIGN TO PROVIDE ASSISTANCE TO THE CITY OF PORT TOWNSEND AND FACILITATE THE CHARETTE PROCESS FOR THE UPTOWN COMMERCIAL DISTRICT Planning Director Rick Sepler reviewed the agenda packet material. There was no public comment. Motion: Ms. Robinson moved for approval of Resolution 06-023. Mr. Welch seconded. The motion carried unanimously, 4-0, by voice vote. PROCEDURES FOR ROSECRANS APPEAL ON SEPTEMBER 7 Mayor Welch stated that some clarifications have been requested by the parties involved regarding the Council's adopted process for the September 7 appeal hearing and in response, Special Counsel Steve DiJulio has prepared a memo which has been provided to the Council. In answer to Ms. Robinson's question, Mr. Welch stated that if adopted, item 6 would preclude any materials from being handed out at the hearing, whether new or already in the record. Materials for distribution would be attached to the briefs. Public comment: City Council Business Meeting Page 7 August 21,2006 Joey Pipia noted that the time limitations were different from what Council originally proposed and asked if another five minutes for rebuttal could be added. Ms. Robinson stated she would not object to adding one five minutes rebuttal for each side for each appeal. Mrs. Medlicott stated she would prefer not to expand the amount of time allotted for arguments. Motion: Ms. Robinson moved to adopt the schedule and direction regarding the Rosecrans appeal hearing provided in italicized language from Attorney Steve DiJulio in the memo provided to the Council for this evening's meeting. Mr. Welch seconded. The motion carried unanimously, 4-0, by voice vote. Motion: Ms. Robinson moved to recognize and authorize the Mayor as presiding officer to make any other rulings, in consultation with Special Counsel, on any issues that may be raised prior to the hearing on September 7. Motion camed unanimously, 4-0, by voice vote. IMPLEMENTATION OF POLICE STATION RELOCATION AND REUSE PLAN Ms. Sandoval stated she requested this item be removed from the consent agenda as she had a question as to whether a site for the station has been chosen. Mr. Clow noted that decision has not been made although several sites have been evaluated. He added that Council would make the decision. Motion: Ms. Sandoval moved to authorize the City Manager to enter into a contract for evaluation of re-adaptation of the current Police Station and direct staff to prepare a supplemental budget ordinance which will allow expenditure of $20, 000 from L T A C funds and $2,900 from the National Historic Trust grant to implement the contract to evaluate re-adaptation and re-use of the facility. Mrs. Medlicott seconded. The motion camed unanimously, 4-0, by voice vote. STANDING COMMITTEE REPORTS Transportation Committee Motion: Ms. Sandoval moved to adopt the recommendation of the Transportation Committee that Council approve a trial back-in angle parking period at the Pope Marine Park location on Water Street. Mr. Welch seconded. In answer to questions from Ms. Robinson, Mr. Clow stated that the trial would start after festival season; prior to the trial, the area would need to be re-striped and curb blocks ordered. He also stated the trial period would be indefinite and the feedback loop would be through the citizen concern form, and other committees. City Council Business Meeting Page 8 August 21,2006 Motion to amend: Ms. Robinson moved to amend the motion to add a time limit to process feedback; with a report to Council no later than April 2007. Ms. Sandoval seconded. Motion carried, 3-1, by voice vote, Medlicott opposed. Vote on main motion as amended camed, 3-1, by voice vote, Medlicott opposed Finance/Budget Committee Motion: Ms. Sandoval moved to adopt the recommendation of the Finance/Budget Committee that the Council task administration to incorporate models addressing the impacts of alternatives for voter approved levy or annexation into the preliminary budget prior to the preliminary budget being presented to the Finance/Budget Committee. Mr. Welch seconded. The motion carried unanimously, 4-0, by voice vote. SUGGESTIONS FOR FUTURE AGENDAS Ms. Sandoval requested information from staff in regard to the potential for a public hearing on the effect that passage of 1-933 would have on the City. Motion: Ms. Robinson moved to task staff to forward to the Council information on Initiative 933 and its potential financial effects and information about how to hold a public hearing leading to a resolution and to place on the agenda for the September 5 meeting. Motion camed unanimously, 4-0, by voice vote. ADJOURN There being no further business, the meeting was adjourned at 8:54 p.m. Attest: QZmcK~y Pam Kolacy, CMC City Clerk City Council Business Meeting Page 9 August 21, 2006