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HomeMy WebLinkAbout071607 CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF JULY 16, 2007 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in special session the sixteenth day of July 16, 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, Geoff Masci, Laurie Medlicott, George Randels, Catharine Robinson, Michelle Sandoval, and Mark Welch. Staff members present were City Attorney John Watts, Public Works Director Ken Clow, DSD Director Leonard Yarberry, Senior Planner Judy Surber, Police Chief Conner Daily, Sergeant Ed Green, Fire Chief Mike Mingee, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA There were no changes proposed to the agenda. PUBLIC COMMENT David McCulloch reported on attending the League of American Bicyclists Bike Education conference in Austin, Texas and thanked the Council and the Port Townsend Bicycle Association for this opportunity. He also thanked the City for having Sergeant Troy Surber of the PT Police attend. CONSENT AGENDA Motion: Ms. Robinson moved for approval of the following items on the Consent Agenda. Mr. Randels seconded. The motion carried unanimously, 7-0, by voice vote. Aooroval of Bills. Claims and Warrants Vouchers 102060 through 102192 in the amount of $141,078.08 Aooroval of Minutes: No minutes Jefferson County Domestic Violence/Sexual Assault Services Transitional Living Center - request for hearing to consider City sponsorship of Community City Council Business Meeting Page 1 July 16, 2007 Development Block Grant (CDBG). Action: Move to proceed with notice of public hearing consistent with state requirements for submittal of a CDBG grant application. PUBLIC HEARING RECOMMENDED DOCKET FOR 2007 COMPREHENSIVE PLAN UPDATE Mayor Welch reviewed the procedure for quasi-judicial public hearings. He asked if any Council member had any financial or property interests in the matter or any disclosures to make. Ms. Sandoval stated that Matthew Shapiro has been a real estate client in the past, she works with Carol Wise in the real estate community, and that Terri Nomura works for her company. Mr. Randels stated that he was chair of the Planning Commission during this process and he did have occasion to form opinions on some of the issues. He added he believes he can be fair and impartial. City Attorney Watts noted that the involvement of Mr. Randels in Planning Commission deliberations and subsequent Council deliberations is covered by state rules. He asked Ms. Sandoval if she felt any of the disclosure affected her ability to be fair and impartial. She replied they did not. Mayor Welch asked if there were any objections from Councilor public to all Council members participating in the deliberations. There were none. Senior Planner Judy Surber reviewed the packet materials and reviewed each proposed item along with the Planning Commission's recommendations. Ms. Surber noted that Item #1 ShapirolWoods Rezone is a formal amendment and will automatically be placed on the docket; therefore no recommendation from the Council is needed. Ms. Surber then noted that regarding item #2 (Q4 Development Rezone), Planning Commission has recommended that an alternative amendment ("rezone vicinity of 30th and Gibbs") be docketed which would upzone other properties in the area of the requested amendment. She provided a new Exhibit (B-1) showing the properties affected. The reasoning of the Planning Commission was to expand the upzoning rather than creating an island of R-II zoning in the midst of R-I and R-1I1. Ms. Surber stated that because of this expanded scope, if Council wishes to consider the recommendation, she suggests that the hearing on this single item be continued to the business meeting of August 6 so staff can mail notice to additional property owners and provide additional public notice. City Council Business Meeting Page 2 July /6, 2007 The following amendments were then presented for Council's consideration: Item #3 Wise rezone. Planning Commission unanimously recommended docketing. Item #4 Nomura rezone. Planning Commission unanimously recommended docketing. Item #5 Rigby rezone: Planning Commission unanimously recommended not docketing the item at this time, pending the Jefferson General Hospital Master Plan. Item #6 Library rezone: Planning Commission unanimously recommended docketing. Item #7 Rezone and create overlay district for the Howard Street corridor: Planning Commission unanimously recommended docketing. Item #8 Minimum Density in R-III: Planning Commission unanimously recommended docketing. Item #9 Development standards for small wind energy systems. Planning Commission recommended the item not be docketed but that proponents work with the Citizen's Energy Advisory Committee to address the broader wind energy issues. Item #10 Residential setback adjustment process: Planning Commission recommended that the item not be docketed but that staff and Planning Commission incorporate it into the 2007 work plan as soon as feasible. Ms. Surber suggested that Council members keep packet items together or allow staff to hold them pending additions as the process moves forward. Mayor Welch asked if any proponents for any of the proposals wished to speak. There were none. Mayor Welch asked if there was anyone neutral or in opposition to any of the proposals who wished to speak. Andrew Reding: stated he is concerned with setting a minimum density for R-III zoning. He fears this will make it difficult to integrate different categories of housing and promote a mix in income levels and therefore lead to segregation. Ms. Surber replied that the housing group has also discussed integration of housing and the conclusion was that zoning in Port Townsend doesn't create segregation City Council Business Meeting Page 3 July 16, 2007 due to the small size of parcels which exist that have infrastructure to support higher densities and have access to transit and services. Mr. Masci asked for a "cheat sheet" with information about R II and R III zoning as the process moves along. Mr. Watts reminded the Council that the items would come through as a single proposed ordinance, not individual items. Ms. Robinson asked whether there was more information on item 2 specifically related to the stormwater constraints mentioned in the Planning Commission minutes. Ms. Surber stated that Basin 4 (a and b) was identified in 1996 to have soils that would create issues at a high density and so zoning was set at R I in basin 4; however, the zoning doesn't exactly follow the basin line. In addition, due to the goals of affordable housing and walkable communities, staff's thought was to give further consideration to whether stormwater issues could be overcome through infrastructure and provide further support for C/MU designation. This will be considered through the amendment process. Ms. Robinson asked for clarification at some point as to whether housing use is required or discretionary in C/MU zoning designation. Ms. Robinson asked if the Nomura property is a single tax parcel. Ms. Surber replied it is. Ms. Robinson asked if the whole parcel must be rezoned. Ms. Surber stated that typically the entire parcel would be rezoned; Mr. Watts added that if rezoning all was not desired, a process for dividing the property would have to be initiated and this could be done whether desired by the owner or not. He added that if that is the result and the owner did not wish to cooperate, the amendment would probably be pulled. Mrs. Medlicott asked how much commercial inventory would be lost by changing C-II zoning to C/MU. Ms. Surber referred to Table 4 of the Comprehensive Plan. Motion: Ms. Sandoval moved to accept the recommendations of the Planning Commission on docketing of items 3-10, and holding action on item 2 until the continued public hearing on that item August 6. Ms. Robinson seconded. The motion carried unanimously, 7-0, by voice vote. RECESS Mayor Welch declared a recess at 7:24 p.m. for the purpose of a break. RECONVENE City Council Business Meeting Page 4 July 16, 2007 The meeting was reconvened at 7:38 p.m. OLD BUSINESS PUBLIC PARKS DONATION POLICY City Attorney John Watts reviewed the packet material regarding the policy, which was proposed by the Park and Recreation Advisory Board and reviewed by the Community Development and Land Use Committee. Barb Pastore, Chair, stated that the Park and Recreation Advisory Board supports the policy as presented and hopes that adoption will avoid any future miscommunications in regard to donations for public parks. Scott Walker stated that he is not in favor of the stipulation that a donation must be accompanied by funding for long-term maintenance of the donated item. Ms. Pastore replied to Mr. Walker that the Board thought long and hard about this provision and recommend it due to the small funding level for parks; this is part of an effort to keep the system afloat. She added that the City Council has wide latitude to accept donations with specific conditions. Motion: Mr. Masci moved to approve the "Open Space Memorial and Donation Policy" as recommended by the Park and Recreation Advisory Board. Mr. Randels seconded. Mr. Masci noted that there are many ways to donate to the Parks system besides buying a bench, drinking fountain, etc. and he would like an emphasis in the presentation of the policy on the fact that anyone can donate any amount, including five or ten dollars to the parks. He would not like people mislead into thinking they cannot make smaller contributions. Ms. Sandoval spoke in support of the wisdom of considering where funding will come from for maintenance of donated additions to the parks. Vote: motion carried unanimously, 7-0, by voice vote. ORDINANCE 2948 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING ORDINANCE 2906 AND THE PORT TOWNSEND MUNICIPAL CODE, CHAPTER 10.32, BICYCLES, DELAYING THE EFFECTIVE DATE FOR HELMET REQUIREMENTS FOR BICYCLES AND "RECREATIONAL VEHICLES" City Council Business Meeting Page 5 July /6, 2007 City Attorney John Watts reviewed the packet materials, noting that the ordinance presented provides a delay of 12 months until July 2008 for enforcement of the helmet law. The ordinance is based on a recommendation from the Public Safety Committee which includes a stipulation that all other rules of the road be enforced immediately and Council encourage the community to participate in educat1on. He provided a strikeouUunderline version of the ordinance. Public comment Sharon Durga requested that Council repeal the helmet law. Scott Jaster (?): asked that police resources not be wasted on enforcing a helmet law when education is working so well. Scott Walker strongly encouraged the Council to revoke the law, noting the recommendation of the Non-Motorized Transportation Advisory Board and the amount of time the issue has already taken. Bill Fisher: encouraged the Council to delay the effective date. Jolly Wahlstrom: spoke against the helmet law and in favor of education. Bly Windstorm: stated the initial delay has given time to get the safety program up and running; said no interests will be served by delaying enforcement, encouraged Council to resolve the matter instead. Gil Whatley (?): favors education over helmet law. David McCulloch: emphasized the need to institutionalize educational efforts, this will be a more effective effort than helmet enforcement. Andrew Reding: asked Council to validate Non-Motorized Transportation Advisory Board's recommendation to repeal legislation; stated that traffic calming measures will be more effective than helmet legislation. Motion: Ms. Sandoval moved to repeal Section 10.32.130 (helmet requirement) of Ordinance 2906 and for implementation of a comprehensive bicycle education program including formation of a "Stakeholders" Education Committee; staff time to coordinate the meetings; implementing the City's grant; scheduling teacher trainings; and parlnering with other agencies such as the YMCA, PT School District, private schools and others and to waive Council rules and adopt immediately. Ms. Robinson seconded. Motion: Mr. Masci moved to divide the question and take a separate vote on waiving Council rules for two readings of the ordinance. Mr. Benskin seconded. City Council Business Meeting Page 6 July 16, 2007 Motion to waive rules failed, with Randels, Robinson, Sandoval and Welch in favor (super-majority of five votes needed to carry.) The motion remained on the floor as a first reading. Mrs. Medlicott stated her reason for not supporting the motion is not to put unnecessary restrictions on citizens, but for the safety of the public. Mr. Welch stated he first supported the helmet requirement as a means of getting an educational component started; in retrospect he feels it did more damage than good and will support repeal. Mr. Benskin spoke against the motion to repeal, stating that this is not an undue burden on the public and that the result of the helmet requirement has so far been positive, with many more people wearing helmets than before. He believes this is an essential regulation. Mr. Masci noted that as a physician he has had much experience with head injuries and that the intention of the helmet law was that there would be secondary enforcement, so that if someone were stopped for another infraction and was not wearing a helmet they might be cited. He stated that much has been accomplished since original passage in December of 2005 including the architecture for an education program and commitment of City funds. He does not support repeal. Ms. Sandoval stated that her motion does not mean she does not support people wearing helmets, but at this point she believes the educational component will have a greater impact. Ms. Robinson stated she was not in favor of the helmet requirements the first or second time it was introduced although she does encourage use of helmets; she stated that education is key, for bicyclists and skateboarders. She also believes the greatest danger to bicycles is automobile traffic and the speed limits in town which she would like to see reduced overall. Vote: motion for first reading of ordinance repealing PTMC 10.32.130 carried, 4-3, by roll call vote, Benskin, Masci and Medlicott opposed. Motion: Mr. Benskin moved to accept the recommendation of the Public Safety Committee and stipulate that all rules of the road be enforced immediately. Mr. Masci seconded. The motion carried unanimously, 7-0, by voice vote. NEW BUSINESS JAIL-FRIENDSHIP DIVERSION SERVICES City Council Business Meeting Page 7 July 16, 2007 Police Chief Conner Daily reviewed the packet materials. He noted that the return on housing long term prisoners at other facilities is not having as much positive impact on the budget this year as last. Friendship Diversion Services offers an alternative to housing prisoners in Jefferson or Chelan County while awaiting trial. This is done by monitoring individuals to ensure they are in court when they are scheduled rather than holding them at the jail facility. Participants pay for the program per a daily fee although the City will take responsibility for paying the fee for those deemed indigent. Chief Daily noted that had this program been in place the first half of 2007, a potential savings of $46,150. Executive Director Barbara Miller gave a presentation about the program and introduced local staff members and answered questions from the Council. There was no public comment. Motion: Mrs. Medlicott moved to authorize the City Manager to execute interlocal agreements with other agencies for housing/monitoring jail prisoners, including an agreement with Friendship Diversion Services. Mr. Randels seconded. The motion carried unanimously, 7-0, by voice vote. ORDINANCE NO. 2947 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING AND UPDATING CHAPTER 16.04, BUILDING CODE, OF THE PORT TOWNSEND MUNICIPAL CODE, TO INCORPORATE THE . 2006 INTERNATIONAL BUILDING CODE, WITH APPENDICES J AND M . 2006 INTERNATIONAL RESIDENTIAL CODE, WITH APPENDICES B, F, G, H, AND K . 2006 INTERNATIONAL MECHANICAL CODE, . 2006 INTERNATIONAL FIRE CODE, WITH APPENDICES B, C, D107, E AND F . 2006 UNIFORM PLUMBING CODE, . 2006 INTERNATIONAL EXISTING BUILDING CODE . INTERNATIONAL CODE COUNCIL PERFORMANCE CODE FOR BUILDINGS AND FACILITIES, INCLUDING APPENDICES A, B, C, D, AND E AND CURRENT CODES RELATING TO THE WASHINGTON STATE ENERGY CODE; VENTILATION AND INDOOR AIR QUALITY CODE; AND RELATED WASHINGTON ADMINISTRATIVE CODE CHANGES, WITH CHANGES AND EXCEPTIONS AS SET FORTH IN THIS ORDINANCE Development Services Director Leonard Yarberry reviewed the packet materials, noting that the proposed ordinance would adopt the statewide 2006 codes and City Council Business Meeting Page 8 July /6, 2007 appendices; adopt several new code and appendices; reformat PTMC 16.04, and approve a number of local amendments. Mr. Benskin asked why a local amendment was not proposed to keep the exemption for 200 square foot single story structures which are not habitable space. Mr. Yarberry stated that the City could adopt a local amendment increasing the 120 square foot exemption to 200 square feet. In answer to Mr. Randels' question, he noted that all the proposals contained in the ordinance were discussed internally but other jurisdictions were not contacted. There was no public comment. Mr. Randels noted that the sections in the ordinance are misnumbered; section 4 should be section 3. He asked about the desirability of a severability clause; Mr. Watts stated that this is standard practice and it preserves the integrity of the remainder of the ordinance if any section is declared invalid. A "savings" clause would mean that if what you are enacting is held unconstitutional, you revert back entirely to the prior regulations. Motion: Mr. Benskin moved to waive Council rules and adopt Ordinance 2947 with two changes: renumber the "Severability" Section as 3 rather than 4; add a local amendment to exempt from from permit requirements one-story detached accessory structures used as tool or storage sheds, playhouses and similar uses, provided the area does not exceed 200 square (instead of 120 square feet as provided in state building code). Mr. Masci seconded. In answer to Mr. Welch's questions, Mr. Yarberry stated that a 10 X 20 foot building can be fairly large and in his judgment is would be more fitting to require a permit for buildings over 120 square feet. Mr. Benskin noted a building still must be built to code whether it is permitted by the City or not. Mr. Randels stated that if a permit is required then the City is involved that may save neighbors from having to take on "enforcement" by reporting potentially illegal building projects. Mr. Masci moved to divide the question. Vote on motion to waive rules carried, 7-0, by voice vote. Vote on main motion carried 5-2, by roll call vote, Robinson and Sandoval opposed. PRESIDING OFFICER'S REPORT Mayor Welch reported that he observed YMCA Expedition Club activities during his trip to Thailand and that the program is an excellent example of worthy city funding. City Council Business Meeting Page 9 July 16,2007 STANDING COMMITTEE REPORTS Public Works Committee Motion: Mr. Masci moved to approve the recommendation of the Public Works Committee to adopt the Construction Traffic Policy dated June 21, 2007. Mr. Randels seconded. Ms. Sandoval asked how this policy would be implemented and enforced. Public Works Director Ken Clow noted that this has been the practice of the staff and that generally the issue is covered in the pre-conference meeting or even earlier in the permitting process. Vote: motion carried unanimously, 7-0, by voice vote. COMMENTS FROM COUNCIL Mrs. Medlicott apologized for any remarks she made at the Upper Sims Way meeting at the High School Auditorium that may have given public offense. ADJOURN There being no further business, the meeting was adjourned at 9:45 p.m. Attest: 9~~~ Pam Kolacy, CMC City Clerk City Council Business Meeting Page 10 July 16,2007