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HomeMy WebLinkAbout011607 CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF JANUARY 16,2007 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the sixteenth day of January 2007, at 6:30 p.m. in the Port Townsend City Council Chambers of City Hall, Mayor Mark Welch presiding. ROLL CALL Council members present at roll call were Frank Benskin, Michelle Sandoval, Scott Walker and Mark Welch. Catharine Robinson and Laurie Medlicott arrived later. Geoff Masci was absent. Staff members present were City Manager David Timmons, City Attorney John Watts, Finance Director Michael Legarsky, Public Works Director Ken Clow, City Engineer Dave Peterson, DSD Director Leonard Yarberry, Planning Director Rick Sepler, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mayor Welch stated that the Council would conduct an executive session at the end of the meeting regarding personnel issues; the session would take about 20 minutes and no action was anticipated. INTRODUCTION Police Chief Conner Daily announced the upcoming promotions of Troy Surber and Michael Evans to the position of Police Sergeant PUBLIC COMMENT (Consent and non-agenda items) Allen Frank: called for oversight of the City Manager by the Council and asked the Council to request an independent audit of the City Manager's expenses. He also noted that he has information that an October 3 invoice from Jefferson County has not been paid and he would like to know why the City is holding back those funds. Staff Response Finance Director Michael Legarsky stated that the State Auditor's office does an annual independent audit of the City's finances and each year the Mayor and Council may bring up any specific issues they wish to the auditor. Regarding payment to the County, he noted that the City had already paid four quarterly City Council Business Meeting Page 1 January 16, 2007 installments before the receipt of the October invoice; five quarterly payments were not budgeted; in addition there have been issues regarding the billings that are waiting for resolution. Mr. Timmons noted this was disclosed to the Council during the budget process. CONSENT AGENDA Motion: Mr. Benskin moved for approval of the following items on the consent agenda. Mr. Walker seconded. The motion carried unanimously, by voice vote. Aooroval of Bills. Claims and Warrants: Vouchers 100205 through 100284 in the amount of $72,211.09 Vouchers 100297 through 100394 in the amount of $251,836.36 Vouchers 105071 through 105079 in the amount of $97,528.51 Vouchers 12150610 through 12150611 in the amount of $98.71 Approval of Minutes: December 27, 2006 Special Business January 2, 2007 Regular Business January 4, 2007 (Council/Planning Commission) January 4, 2007 Special Business January 8, 2007 Special Business Housing Action Plan Network Appointments Action: Move to accept the recommendation of the CD/LU Committee to appoint the 16 members listed in attachment A prepared December 13, 2006 and updated January 4, 2006, to the Housing Action Plan Network Committee with the following exception: for the Economic affiliation (No.2 on Attachment A), a member of the Economic Development Council be appointed to this position. If the County desires to retain Joe Breskin as a member of HAPN, he should be listed as "other." Further, staff should continue to solicit a representative "lender" for appointment to the committee. PUBLIC HEARING ORDINANCE 2939 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE IN REGARD TO CLARIFYING THE MEASUREMENT OF DEVELOPMENT DENSITY IN R-III AND R-IV ZONING DISTRICTS; ADOPTING A NEW METHOD FOR MEASURING BUILDING HEIGHTS TO LIMIT THE LATERATION OF SITES; ESTABLlSING AN OFF- STREET PARKING REQUIREMENTS FOR ACCESSORY DWELLING UNITS; UNIFORM METHOD OF COUNTING DAYS FOR LAND USE PROCESSES; PROVIDING CLARIFYING LANGUAGE REINFORCING THE PROHIBITION AGAINST ESTABLISHING TOURIST HOMES IN ACCESSORY BUILDINGS CONSTRUCTED BEFORE JUNE 1, 1989 TO TOURIST HOMES; CLARIFYING IN TABLE 17.16.020 PTMC THAT TRANSIENT USE OF SINGLE FAMILY City Council Business Meeting Page 2 January 16, 2007 RESIDENCES AND/OR ACCESSROY DWELLING UNITS IS PROHIBITED; AND ALLOWING THE CONTINUED CONFORMING USE OF CERTAIN PREVIOUSLY APPROVED TRANSIENT ACCOMODATIONS IN THE C-1I1 ZONING DISTRICT. Mayor Welch reviewed the rules of procedure for public hearings. Mrs. Medlicott disclosed that she was a neighbor for many years to at least one of the people who will be testifying regarding the ADU section of the ordinance. This was not considered to be a financial or property interest in the matter and no other Councilors presented any disclosures. Planning Director Rick Sepler reviewed the packet materials, noting the interim control will expire on February 21; he added that one issue currently in the interim controls that is not contained in this recommendation is regulations regarding parking in the uptown residential district. Recommendation on this issue is being delayed pending the outcome of next Tuesday's joint presentation to the Council and Planning Commission on the uptown streetscape plan. Mr. Sepler then reviewed the sections of the proposed ordinance in detail. Public comment Jennifer Blomgren: stated she has operated a transient accommodation from an ADU for many years and fears being shut down; she stated if she loses business, her livelihood will suffer and asked if she would need to eliminate the kitchen to comply. She stated that someone at the state told her there is no fire code in place for this sort of accommodation. She fears her license will be revoked. Mary Tietjen: stated that Council should support allowing properly licensed ADUs to rent as transient accommodation units. She stated that well managed transient lodging could impact a neighborhood less than long term rental. She stated that large numbers of visitors can be accommodated by these units and this helps bring tax revenue to the City. Carol Middleburg: requested that the Council not continue to restrict use of newer accessory buildings as transient accommodations as currently provided in PTMC 17.08.060. She stated that safety and structural integrity are not the issues; she and her husband can license a guest home in their house but not in their accessory building. She stated that the code, by allowing the uses established prior to June 1, 1989, is discriminatory. Barbara McColgan Pastore stated that the City is a tourist economy and asked what is the difference in renting a room under one roof as compared to renting a room in a separate attached building. She stated it is reasonable to regulate these tourist facilities to make sure they are built to code, are safe, and licensed but encouraged City Council Business Meeting Page 3 January 16. 2007 council to look at the possibility of permitting transient accommodations in properly licensed AD Us. Mary Tietjen asked how the presence or absence of a cookstove relates to neighborhood impact and asked where to find the fire code relating to transient accommodations. Dave Robison: stated that he had a hand in writing the original ordinance over ten years ago and that the legislative intent was to promote affordable housing; at that time it was the most permissive ordinance in the state. He noted that the tourist home was seen as promoting the tourist industry because bed and breakfasts were difficult to permit; the intent was to open up owner-occupied homes for tourists. Staff response Mr. Sepler stated that if a prior approval was granted (for example, for a transient accommodation) and if the approval was kept in effect and not in abeyance it would become a legal non-conforming use. Any individual situation would need to be researched by staff as to whether and what sort of approval is in effect. He noted that tourist homes require a Conditional Use permit to be established; they must be integral with the building itself whereas ADU approval allows many criteria to be waived, such as setbacks. Mr. Sepler stated that the provision for a cooking facility is to allow it as a residence; this is not the same as regulations for accommodations in a commercial zone. In regard to the cutoff date, Mr.Sepler stated that some members of the Planning Commission recalled the specific meeting regarding discussion; at issue was an outbuilding that was part of the James House. The regulatory intent was not to construct additional accessory tourist homes. Mr. Sepler added that there are currently a number of non-conforming uses but the code seeks to limit any expansion of that use. Regarding those who believe they have a licensed facility, Mr. Sepler noted that current practice is to forward business applications to DSD for review. Simply granting a business license per se does not mean it is necessarily specific to the business proposed or that a particular use is granted until the entire process is completed. DSD Director Leonard Yarberry clarified the revised method of measuring building height and definition of "average grade." Mr. Welch expressed concern about creating more impervious surface by requiring some off street parking for ADUs. Public Works Director Ken Clow stated that the City Council Business Meeting Page 4 January 16, 2007 balancing issue is whether the street is being degraded by having the parking on the existing street. Motion: Ms. Sandoval moved to approve first reading of Ordinance 2939. Mrs. Medlicott seconded. Ms. Sandoval noted that the ADU parking requirement including possible waiver if appropriate on-street parking is available is a good compromise. She stated she has concerns about Section 5, allowing ADUs in conjunction with multi-family uses; she does not believe the original intention of allowing ADUs with single family homes was to apply to multi-family zoning as well. Although the owner of a single-family home with ADU must be on premises there is no such restriction on multi-family units and this would bring up an enforcement issue. Mr. Benskin stated he would take exception with the part of Section 5 (3) prohibiting the main and accessory dwelling unit from being used as a transient accommodation. He also stated he would not support section 7 and 8 as he believes this needs to be broadened to accommodate other uses rather than just affordable housing; renting out an ADU as a transient accommodation may make living in the primary residence affordable for the owner. Mr. Welch stated that he shares concerns about section 5 and would like more clarity about the intent. He stated that he served on the Planning Commission when the ADU code was instituted and that it really was about affordable housing and an accommodation for aging parents and extended family; he also believes some transient accommodations are good neighbors with no adverse impact. He supports those currently operating legally to continue and would entertain consideration of this issue. Ms. Robinson stated she supports all parts of the proposed ordinance except Section 5; she would like to work out some way of accommodating those who have been operating businesses that are legal and licensed but she would not like to allow new ones at this point; she stated the issue can be revisited periodically over time. Mrs. Medlicott stated she could live with the ordinance as presented. She stated that although the code says it is not legal to do this, through misunderstandings and inadvertence, there are many who do operate illegally. The Lodging Tax Advisory Committee has worked with the City to sort through those who are operating without licenses and without collecting lodging tax. She stated she is willing to bring the issue back in the future but will again pay close attention to Planning Commission and LTAC recommendations. Motion: Ms. Robinson moved to amend the ordinance by striking Section 5 (Limitation on ADU Development for Single-family, Attached Housing, Section 17.16.020 PTMC). Mr. Walker seconded. City Council Business Meeting Page 5 January 16, 2007 After discussion, Mr. Sepler stated that other sections would not be affected by striking Section 5. Vote: motion to amend carried unanimously, 6-0, by voice vote. Mr. Walker stated he has reservations about sections 1 and 2 and believes that section 4 would create unnecessary additional impervious surface. Motion to amend: Mr. Walker moved to eliminate Section 4 of the ordinance. The motion died for lack of a second. Mr. Sepler noted that staff would pursue the status of currently operating transient accommodation units to determine which qualify as legal, pre-existing uses. Vote on motion to adopt first reading or Ordinance 2939 as amended to remove section 5 and insert new diagram showing ten foot setback for finished grade calculation carried, 4-2, by voice vote, Benskin and Walker opposed. RECESS Mayor Welch declared a recess at 8:45 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:59 p.m. UNFINISHED BUSINESS ORDINANCE 2937 AN ORDINANCE APPROPRIATINGTHE SUM OF $422,784 TO THE GENERAL FUND; $282,488 TO THE EMERGENCY SERVICES FUND; $5,500 TO THE STORMWATER FUND; $4,577 TO THE LODGING TAX FUND; $30,000 TO THE COMMUNITY SERVICES FUND; $30,000 TO THE LIBRARY FUND AND MAKING FINDINGS AND DECLARING AN EMERGENCY Finance Director Michael Legarsky introduced the ordinance, noting that there have been no changes since the first reading held after the public hearing on December 17, 2006. There was no public comment. Motion: Mr. Welch moved for adoption of Ordinance 2937. Mrs. Medlicott seconded. The motion carried, 5-1, by roll call vote, Benskin opposed. City Council Business Meeting Page 6 January 16, 2007 TAYLOR STREET/HALLER FOUNTAIN IMPROVEMENTS City Engineer Dave Peterson reviewed the packet material and noted that in response to questions from the last meeting, staff has done the following: met with property owners in the affected area; invited a representative from the Historic Preservation Committee to tonight's meeting; worked with Fire Department to confirm turning adequate turning radius required. Mr. Peterson stated that staff has discussed the project with Coila Sheard, David Hero and Sam Kyle, all building owners. He summarized Ms. Sheard's comments, noting she would not like any features that encourage people congregating on the sidewalks, playing music, or doing anything to disrupt business. Mr. Kyle would like another parking space, but staff does not believe this can be accommodated in the plan. An aerial photograph with the proposed changes overlaid was distributed. Roger Lizut, representing the HPC noted that the HPC met today and re-affirmed their original findings; he noted the plan has been discussed at three different meetings. He presented the HPC Certificate of Review to the Council and stated that the Committee wants to preserve the historic vista of Water Street. He stated many things besides the bulb outs were discussed and the HPC wants to stress that they would like to eliminate the brick planters along Taylor Street as soon as possible. Mr. Walker asked why the bulb out on Taylor was approved. Mr. Lizut stated the HPC also asked for removal of signs and trees; in this area the bulb out makes it more welcoming and would increase the pedestrian flow up that street so it would be a more open environment; the bulb out would remove some clutter. Public Comment Coila Sheard: stated she is in favor of most of the project but feels that priorities are out of order. She believes the street trees and sandwich boards should be removed as part of the project; she does not want another bench placed, as she cannot control musicians from using it. She stated she is just not sure that the funding for this project shouldn't be spent on something with a higher priority. Owen Fairbank: believes this is an exciting project and he is thrilled to honor Steve Corra with these improvements. He stated that bulb outs would make the sidewalk safer and a more comfortable environment for pedestrians. In reply to a question from Ms. Sandoval, Mr. Peterson stated that the planters could be removed next month if the contractors get the go ahead to start on the project. City Council Business Meeting Page 7 January 16, 2007 Motion: Mr. Walker moved to approve the plan for Water and Taylor Street based on the plan with bulb outs extending and curving into Water Street. The motion died for lack of a second. Mrs. Medlicott expressed concern about the procedure, discussing details prior to an approval of a plan for the entire corridor. Mr. Timmons noted that the overall plan discussion would be part of the downtown streetscape design process scheduled for February. Motion: Mr. Benskin moved to approve the plan (non-bulb out into Water Street) for Water and Taylor Street intersection, including removal of tree planters on Taylor, and authorize the City Manager to sign all contracts and construction documents necessary to complete this work. Ms. Robinson seconded. Mr. Walker stated he is disappointed that the bulb out plan is not being adopted. Mr. Benskin noted his motion did not include removal of trees on Water Street, as this will be addressed at a different time. Ms. Robinson stated that a bulb out would be much more important if this were not a signaled intersection. Mr. Timmons confirmed that the motion does not include approval of street furniture or replacement trees. There was no objection. Vote: motion carried unanimously, 6-0, by voice vote. NEW BUSINESS RESOLUTION 07-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO EXECUTE INTERLOCAL COOPERATIVE PURCHASING AGREEMENTS WITH LOCAL AGENCIES WITH THE PURPOSE OF CREATING SHARED VENDOR LIST, SMALL WORKS AND PROFESSIONAL SERVICES ROSTERS Mr. Timmons reviewed the packet materials. There was no public comment. Motion: Mr. Welch moved for approval of Resolution 07-006. Mr. Benskin seconded. The motion carried unanimously, 6-0, by voice vote. City Council Business Meeting Page 8 January 16, 2007 ORDINANCE 2940 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE, CHAPTER 5.90 AMBULANCES, SECTION 5.90.010 DEFINITIONS, DEFINING TERMS FOR PURPOSES OF CITY AMBULANCE SERVICE City Attorney John Watts stated that the ordinance is a housekeeping measure, which will conform the Port Townsend Municipal Code to reflect the recent interlocal agreement with the Fire District. There was no public comment. Motion: Mr. Welch moved for first reading of Ordinance 2940. Mr. Walker seconded. Motion to amend: Mr. Walker moved to amend the motion to waive council rules and adopt the ordinance. Mrs. Medlicott seconded. Amendment was unanimously accepted. Vote to waive Council rules and adopt Ordinance 2940 carried unanimously, 6-0, by roll call vote. PRESIDING OFFICER'S REPORT Mayor Welch reminded the Council of the AWC Legislative Action Conference coming up on February 14 and 15. CITY MANAGER'S REPORT Mr. Timmons reported that the meeting concerning Keystone Ferry service has been rescheduled for tomorrow. He and Council members have been attending forums and appearing on PTTV to answer questions about the February ballot issue. FUTURE AGENDAS A letter has been received requesting City sponsorship for Earth Day Everyday, including a fee waiver for Pope Marine Building. This will be addressed at the next regular business meeting. City Council Business Meeting Page 9 January 16, 2007 EXECUTIVE SESSION Mayor Welch announced that the Council would go into executive session at 10:02 p.m. to discuss personnel issues. He anticipated the session would take about 20 minutes and stated that no action would be taken following the session. RECONVENE The meeting was reconvened at 10:20. ADJOURN There being no further business, the meeting was adjourned at 10:21 p.m. Attest: (~-;'1 'h./ ' .'/1 /i) ',.,' ) Pamela Kolacy, CMC City Clerk L-C,/- (} City Council Business Meeting Page 10 January 16, 2007