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HomeMy WebLinkAbout020507 CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF FEBRUARY 5, 2007 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the fifth day of February, 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, Laurie Medlicott, Geoff Masci, Michelle Sandoval, Scott Walker and Mark Welch. Catharine Robinson was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, City Engineer Dave Peterson, Planning Director Rick Sepler, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA There were no changes proposed to the agenda. PUBLIC COMMENT (Consent and non-agenda items) Val Johnstone: thanked the Council for sponsoring Earth Day Every Day Stan Cummings: introduced himself as the new director of NW Maritime Center Bill LeMaster: stated there was not enough outreach to merchants on Taylor Street regarding the upcoming changes; said City should do all it can to remove automobiles from the streets. CONSENT AGENDA Motion: Mr. Masci moved for adoption of the foJ/owing items on the consent agenda. Mr. Walker seconded. The motion carried unanimously, 6-0, by voice vote. Approval of Bills, Claims and Warrants: Vouchers 100397 through 100631 in the amount of $753,251.11 Vouchers 100634 through 100646 in the amount of $42,898.73 Vouchers 119071 through 119079 in the amount of $92,738.24 Vouchers 122071 through 122072 in the amount of $52.67 Vouchers 205971 through 205079 in the amount of $91 ,673.93 Voucher 1190710 in the amount of $285.89 Approval of Minutes: January 16, 2007 City Council Business Meeting Page 1 February 5, 2007 January 23, 2007 January 29, 2007 Janitorial Services Contract for City Facilities - authorization Action: Move to authorize the City Manager to negotiate and execute a services contract with Community Business Maintenance (CBM) to provide janitorial services in city facilities consistent with the approved 2007 budget. Equipment Purchases Approved in 2007 Budget - authorization Action: Move to authorize the City Manager to sign the necessary documents and contracts to purchase equipment from the approved list of replacement city equipment consistent with the approved 2007 budget. Request for co-sponsorship and waiver of Pope Marine fees for EarthDayEveryDay! Celebration Action: Move to co-sponsor EarthDayEveryDay! Celebration and waive room rental fees for Pope Marine Bldg. PUBLIC HEARING ORDINANCE 2941 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE 17.30.160(A)(9) BY ADOPTING THE "EAST DOWNTOWN STREETSCAPE PLAN (JANUARY 29, 2007)" AS DESIGN STANDARDS FOR THE EAST PORTION OF HISTORIC COMMERCIAL DOWNTOWN; AND REPEALING INCONSISTENT STANDARDS Mayor Welch read the rules of procedure for the legislative public hearing. No Councilors indicated any financial or property interests in the matter. Planning Director Rick Sepler presented the staff report and introduced consultant John Owen of Makers who presented and provided copies of the plan, which has resulted from the public process to date. Mr. Owen noted that a meeting has been held recently with the Historic Preservation Committee; the plan has an emphasis on pedestrian and safety improvements. Designs are a light touch in keeping with existing historical character and city fixtures. Stephanie Lachey of Makers reviewed the slide presentation which included the design team, planning process, streetscape palette, lighting, street furniture, paving, curb bulbs, plantings, and public art. Mr. Sepler updated the Council on progress with the Jackson Bequest. The report from the structural engineer regarding the pilings has been received; staff will meet with the Arts Commission to review the report and then arrange another conversation with the artists. City Council Business Meeting Page 2 February 5, 2007 Public comment Nancy Stelow: asked for more consultation with the Tree Committee. Barbara Marseille: asked for clarification on street direction in front of Maritime Center. Frank Vane: expressed concern about Tidal Park and coming to resolution with the artists. Marilyn Staples: reviewed problems she has had with downtown trees invading sewer line. There being no further testimony, Mayor Welch closed the public hearing at 7: 1 0 p.m. Mr. Sepler noted that staff did meet with the Tree Committee and offered to distribute the minutes to the Council; he added that staff has made every effort to contact and involve all the appropriate citizen advisory groups. Discussion about curb bulbs ensued. Mr. Owen noted that the HPC has recommended that intersections be reviewed on a case-by-case basis for specific locations in consultation with the HPC. At Council's direction another meeting will be held to determine whether the HPC can make a more general recommendation on use of curb bulbs. Mr. Timmons stated staff would talk once more with the Tree Committee and with HPC to review curb bulb policy; he stated that timing is becoming critical as the City does have grant funding to move forward with the project, but we must have Council approval of the concept. Mr. Sepler summarized the Council's direction - to bring forward a recommendation that fuses a policy regarding engineering standards for curb bulbs and HPC's historic and aesthetic considerations. Motion: Ms. Sandoval moved for first reading of Ordinance 2941. Mr. Masci seconded. Mr. Walker suggested gaining parking and improving pedestrian safety by closing of the three access points to the parking lot behind the Bank of America and closing an access point to the restaurant at Madison and Washington. Mrs. Medlicott asked if there would be a public workshop on the plan. Mr. Sepler noted that two public open houses have been held, but staff could arrange another. Vote: motion carried unanimously, 6-0, by voice vote. City Council Business Meeting Page 3 February 5, 2007 RECESS Mayor Welch declared a recess at 8:10 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:20 p.m. UNFINISHED BUSINESS ORDINANCE 2939 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE IN REGARDS 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 ALTERATION OF SITES; ESTABLISHING AN OFF- STREET PARKING REQUIREMENT FOR ACCESSORY DWELLING UNITS WHEN ON-STREET FACILITIES ARE NOT PROVIDED; ESTABLISHING A UNIFORM METHOD OF COUNTING DAYS FOR LAND USE PROCESSES; PROVIDING CLARIFYING LANGUAGE REINFORCING THE PROHIBITION AGAINST ESTABLISHING TOURIST HOMES IN ACCESSORY BUILDINGS AND PREVENTING THE FUTURE CONVERSION OF ACCESSORY BUILDINGS CONSTRUCTED BEFORE JUNE 1, 1989 TO TOURIST HOMES; CLARIFYING IN TABLE 17.16.020 PTMC THAT TRANSIENT USE OF SINGLE FAMILY RESIDENCES AND/OR ACCESSORY DWELLING UNITS IS PROHIBITED; CLARIFYING LIMITATIONS ON ACCESSORY DWELLING UNITS; AND ALLOWING THE CONTINUED CONFORMING USE OF CERTAIN PREVIOUSLY APPROVED TRANSIENT ACCOMMODATIONS IN THE C-III ZONING DISTRICT City Attorney John Watts presented the staff report, reviewing the packet material and explaining suggested edits: 1) Section 4 amended to provide some general standards to guide the Public Works Director in deciding when on-site parking for ADU may be waived or met by existing or new street development; 2) New Section 5 adding to the Code on ADUs that they are limited to detached single-family residences (and not allowed with a duplex, triplex, or fourplex) consistent with the Council's action on Jan. 16,2007. He added that a minor revision to Table 17.16.030 for consistency is recommended by staff to change noted in February 2, 2007 memo from Rick Sepler (change "bedrooms" to "units" for minimum average housing density in R-IV Zone). Public Comment Bob Middleburg: stated he has been unable to get a license to operate a tourist accommodation but thanked Council for considering the issue; he would still like to pursue avenues to be able to be a licensed transient accommodation. City Council Business Meeting Page 4 February 5, 2007 David Goldman suggested that a time be specified in Section 6 (4) for the "end of business day." Motion: Ms. Sandoval moved for adoption of Ordinance 2939 with changes as presented by the City Attorney. Mr. Welch seconded. Amendment: Mrs. Medlicott suggested specifying "4 p.m." as the specific time for calculation of days for land use actions. There were no objections. Mr. Masci stated that he does not believe in "omnibus" legislation as it forces those who only object to one section to vote against the entire ordinance. He stated that the change from "bedrooms" to "units" reduces the amount of affordable housing available. He is also in favor of relaxing restrictions on transient accommodations. Ms. Sandoval stated she understands the desire to rent out at a nightly rate at a higher price than a monthly basis but she believes this should be confined to commercial zones and bed and breakfast licensees. She stated that in addition to affecting available affordable housing, the pervasive allowance of transient accommodations can suck the soul out of a community. She also noted the Council has discussed the ordinance section by section each time it has been considered. Regarding the use of bedrooms or units, she stated that staff has to interpret the regulations and they have indicated that using units will make what is allowed much more clearly and predictable. Mr. Benskin stated he does not like all the issues lumped together and will vote against the motion, as he cannot support all the changes proposed. He stated that transient accommodation units are necessary so that property owners can enhance their incomes. Vote: motion failed on a 3-3 tie, Sandoval, Welch and Medlicott in favor; Walker, Benskin and Masci opposed. Motion: Mr. Walker moved for adoption of Ordinance 2939 with the exception of Section 4, ADU Parking Requirements. Ms. Sandoval seconded. Motion failed on a 3-3 tie, Walker, Sandoval and Welch in favor; Benskin, Masci and Medlicott opposed. Motion: Mr. Masci moved for adoption of Ordinance 2939 with the exception of Section 7, "tourist home." Mr. Benskin seconded. Motion failed, 2-4, Benskin and Masci in favor. Motion: Mr. Walker moved to reconsider original motion for adoption of Ordinance 2939 with amendments in original motion. Ms. Sandoval seconded. There was no objection to reconsideration. Motion carried, 4-2, Benskin and Masci opposed. Council member Medlicott was excused at 8:53 pm City Council Business Meeting Page 5 February 5, 2007 ORDINANCE 2942 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PTMC SECTION 17.72.020 AND RE-ENACTING AND EXTENDING INTERIM PARKING REGULATIONS FOR RESIDENTIAL DEVELOPMENT IN THE UPTOWN C-1I1 COMMERCIAL DISTRICT ADOPTED BY ORDINANCE 2928 City Attorney John Watts presented the staff report relating to the extension of interim regulations providing that new residential (not commercial) development in the Uptown C-III zoning district are required to have one on-site, off-street parking space. If approved, this measure will extend the interim regulations while additional planning and public process takes place. Ms. Sandoval asked about the timing for the remaining process. Mr. Sepler noted the existing interim control will expire in twelve days; further process including uptown charrette, and review by ad hoc committees should result in the matter coming to Planning Commission within 90 days for a recommendation. Public comment: none Motion: Ms. Sandoval moved to waive Council rules and adopt Ordinance 2942. Mr. Welch seconded. The motion failed, 2-3, Sandoval and Welch in favor. Motion: Mr. Masci moved for first reading of Ordinance 2942. Mr. Welch seconded. The motion carried, 3-2, Benskin and Walker opposed. SCHOOL DISTRICT POOL LEASE Mayor Welch noted he is an employee of the school district but has no financial interest in this matter. Mr. Watts confirmed that this would not disqualify Mr. Welch from participating. Mr. Timmons presented the staff report and reviewed the pool lease terms contained in the agenda packet material. The lease will result in allocation of $12,000 for the year beyond the current budgeted amount. Public comment Bill LeMaster questioned who is ultimately responsible for maintenance and suggested that a new aquatic center might be part of a metropolitan park district package. Motion: Mr. Walker moved to approve the pool lease terms with a base amount of $5,000 per month and $1,000 escrow account for additional energy costs. Ms. Sandoval seconded. The motion carried unanimously, 5-0, by voice vote. City Council Business Meeting Page 6 February 5, 2007 NORTHWEST MARITIME CENTER - DOWNTOWN STREETSCAPE FUNDRAISING ACTIVITY Mr. Timmons reviewed the packet material regarding participation with the Northwest Maritime Center and the Port of Port Townsend in seeking federal funding assistance for grants and congressional appropriations for downtown streetscape planning and implementation, and marina reconstruction efforts in Point Hudson. Public comment: none Motion: Mr. Welch moved to authorize the City Manager to execute agreements with Northwest Maritime Center, Port of Port Townsend and Strategy 360 for fundraising activity for downtown streetscape and marina reconstruction efforts, at a cost to the City not to exceed $16,000, and for related City travel to Washington, D. C. Mr. Masci seconded. The motion carried unanimously, 5-0, by voice vote. HAZARD MITIGATION GRANT APPLICATION - SURF RESTAURANT Mr. Timmons presented the staff report regarding authorization of the City's application for a hazard mitigation grant that, if awarded and implemented, would result in demolition of the Surf Restaurant, City acquisition of the property for open space, and restoration and improvements to the bulkhead shoreward of the Surf as well as construction of a water walk. Public Safety Analyst Ken Horvath was on hand to answer questions. He noted that the cost of 2.1 million dollars was based on estimates of the costs for the building demolition, armoring the sea wall and the current value of the land. The amount is intended to include construction of that section of the water walk. Mr. Horvath noted that we needed to generate a realistic enough number for a cost analysis showing the cost is less than the benefit received from the expenditure. Motion: Mr. Walker moved to authorize the City Manager to apply for hazard mitigation grant funding for possible demolition of the Surf Restaurant; City acquisition of the property for open space; restoration and improvements to the bulkhead shoreward of the Surf; and construction of a water walk. Mr. Masci seconded. The motion carried, 4-1, by voice vote, Benskin opposed. COUNCIL PRIORITIES 2007 Ms. Sandoval noted a change to the list as presented. The revised list adds "Affordable Housing" to the top ten and moves "Meth Use" and "Council Roles" into a tie for 11 th and 12th place priorities. 1) Revisit Formula Store Ordinance - Planning Commission 2) Joint CitylCounty Meetings - staff to schedule 3) Strategic examination of Communications and IT - Mayor to form ad hoc committee 4) Sewer Plan -to Public Works Committee City Council Business Meeting Page 7 February 5, 2007 5) Lobbying efforts - underway 6) YMCA Contract - CDILU Committee 7) Arts Center - CD/LU 8) Rezone - mixed use commercial - Planning Commission 9) Affordable housing CDILU 10) Uptown parking - task force to be formed 11) Meth use - Public Safety Comm 12) Council Roles - Council as committee of the whole Public comment: The following commented on revisiting the formula store ordinance and urged sufficient public input and process: David Goldman Brad (Pace?) Bill LeMaster Ian Hinkle Motion: Mr. Benskin moved to affirm the top twelve Council priorities with actions and assignments as discussed. Mr. Walker seconded. The motion carried unanimously, 5-0, by voice vote. PRESIDING OFFICER'S REPORT Motion: Mr. Masci moved to accept the Mayors recommendation and confirm the appointment of Linda Davis Okazaki to the Arts Commission for position 2, term expiring May 1,2008. Mr. Benskin seconded. The motion carried unanimously, 5- 0, by voice vote. Mayor Welch noted he would be contacting individual Council members regarding 2007 Committee appointments in the coming week. CITY MANAGER'S REPORT Mr. Timmons reported on the following: Rise in billing from Jefferson County for voter registration costs from $4,000 in 2004 to $23,000 in 2006. Grant funding received by the Library. Tidal energy application; requested scheduling a meeting to discuss community energy issues. Need to schedule a workshop to present the cost of service study for utility rate analysis. City Council Business Meeting Page 8 February 5, 2007 Advertising for Building Official and Senior Planner positions. COMMENTS FROM COUNCIL Ms. Sandoval asked that the minutes from the last meeting of the group discussing the ferry system be distributed to Council. She noted that a reservation system pilot program would be started for the Port Townsend - Keystone route. Motion: Mr. Masci moved to assign Sims Way tree management and replacement plan to the Tree Committee. Mr. Welch seconded. Motion carried unanimously, 5- 0, by voice vote. Mr. Masci moved to assign the Tree Committee to come up with a recommendation for trees and a tree management plan for arterials streets and for the Tree Committee to work with HPC and Public works staff to refine their recommendations to the Council. Mr. Welch seconded. Motion carried unanimously, 5-0, by voice vote. Motion: Mr. Walker moved that staff be directed to create a check list for the agenda bill that lets Council know what citizen advisory boards have been consulted on issues. Mr. Masci seconded. Motion carried unanimously, 5-0, by voice vote. In answer to Mr. Walker's comment, Mr. Timmons stated that electricians would be working on the Chambers amplification system starting tomorrow. ADJOURN There being no further business, the meeting was adjourned at 10:16 p.m. Attest: CZ~~!r City Clerk City Council Business Meeting Page 9 February 5, 2007