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HomeMy WebLinkAbout072108CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF JULY 21, 2008 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the twenty-first day of July 2008 at 6:30 p.m. in the Port Townsend City Council Chambers of City Hall, Mayor Michelle Sandoval presiding. ROLL CALL Council members present at roll call were Brent Butler, David King, Laurie Medlicott, Michelle Sandoval, George Randels, Catharine Robinson, and Mark Welch. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, Police Chief Conner Daily, Sergeant Ed Green, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mayor Sandoval stated that Mrs. Medlicott asked that New Business Item "C" (Ordinance 2981) be moved up to the first item under New Business so that it can be addressed before she has to leave the meeting at 9:30. There were no objections but it was also noted that some citizens would not expect the item to be addressed that early so if time allows, prior items may be dealt with in order to give those people more time to arrive at the meeting. COMMENTS FROM THE PUBLIC (consent and non-agenda items) Penny Varteresian commented on the need for signage directed at non-motorized vehicles. Todd Wexman commented on sidewalk design. CONSENT AGENDA Mr. Randels noted a correction on page 4 of the July 7, 2008, minutes: under last heading, change "SOUTH SIDE" to "NORTH SIDE" Motion: Mr. Welch moved for approval of the following items on the Consent Agenda (with correction to minutes). Mr King seconded. Motion carried unanimously, 7-0, by voice vote. Approval of Bills, Claims and Warrants: Vouchers 105319 through 105458 (plus EFTS) in the amount of $381, 868.43 City Council Business Meeting Page 1 July 21, 2008 Vouchers 105463 through 105468 in the amount of $27, 588.85 Approval of Minutes: July 7, 2008 Approval of Resolution 08-024, Granting Fina! Approval to the Plat of Wade Vaughn, Application LUP8-006 UNFINISHED BUSINESS RESOLUTION 08-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING SUBMISSION OF AN APPLICATION FOR A WASHINGTON FLOAT LOAN PROGRAM IN THE APPROXIMATE AMOUNT OF $5,000,000 Mrs. Medlicott stated she has been a personal friend of the Dudley family for over twenty years, as a matter of public disclosure. She added this would not influence her participation or decision as a Council member in the matter. Mr. Timmons reviewed the packet materials, and stated that public notice was provided in the newspaper so that citizens were aware the matter was before Council and open to public comment. Adoption of the resolution would authorize application on behalf of the City for a CDBG $5,000,000 float loan for the Hastings Building and Landing Project. He stated that submittal of the loan application ddes not mean endorsement of the project by the City unless and until all required permits and approvals have been obtained. Applicant Harry Dudley commented on the project and noted that several people in the audience were present to support the project. He asked them to stand and approximately 25 people indicated their presence in support. Mr. Dudley reiterated that he understands the City is under no obligation to provide any permits or approvals to the project subsequent to the loan application. Mr. Butler asked whether certain uses which would result in density bonuses have been considered. Mr. Dudley stated that several alternatives have been reviewed but the total cost of the project and the need to generate returns is beyond what certain uses can accomplish. He stated the float loan will allow the owners to do more in depth analysis of all options and they will consider every possibility. He added the drawings and schematics at this time are very conceptual. Mr. Timmons stated that the loan approval is clearly not an endorsement of the project, which will need very extensive review by not only the City, but by state and federal agencies as well. There was no public comment. City Council Business Meeting Page 2 July 21, 2008 Motion: Mrs. Medlicott moved for adoption of Resolution 08-025. Mr Randels seconded. The motion carried unanimously, 7-0, by voice vote. NEW BUSINESS INITIATION OF FEES FOR DISPOSAL OF YARD WASTE AT CITY BIOSOLIDS COMPOST FACILITY Public Works Director Ken Clow reviewed the packet material. He noted that a joint City/County position on charging fees for the disposal of yard waste has been formulated by a group including City and County elected and staff representatives. He stated the proposed fee schedule is essentially the same as presented to Council on August 6, 2007, with the exception that 5% of the gross revenues generated by the disposal fees be set aside for educating residents and businesses about on-site yard waste management to help reduce the amount of material brought to the facility. He noted that if the Council adopts the amendment to the contract, the County would then adopt an ordinance establishing the fees. Mr. Welch asked if this will result in more yard waste dumped in areas such as vacant lots or land; Mr. Clow replied that the fees are set at a very reasonable rate for the majority of home users ($5 for less than 200 pounds) and that large amounts of yard waste would be generated by developers who would be more easily monitored to prevent dumping of large amounts of material. He stated that Clallam County recently instituted a yard waste fee and they have not seen a noticeable problem with yard waste dumping. There was no public comment Motion: Mr Randels moved to approve the third amendment to the lnterlocal Government Agreement between the City and Jefferson County for the Biosolids Composting Facility authorizing the establishment of disposal fees for yard waste drop-off at the City Compost Facility. Mr. King seconded. Motion carried unanimously, 7-0, by voice vote. RESOLUTION 08-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AMENDING RESOLUTION 01-013 ESTABLISHING THE LIBRARY ADVISORY BOARD AS A CITIZENS ADVISORY BOARD Mr. Timmons reviewed the packet materials, noting that the Library Advisory Board has requested a change in term limit conditions for members of the Board. The Board desires to appoint Eileen Price to a second full five-year term on the Board; since she has already served more than two years of an unexpired term, according to the existing resolution she would be ineligible for reappointment. City Council Business Meeting Page 3 July 29, 2008 There was no public comment. Motion: Ms. Robinson moved for adoption of Resolution 08-026. Mr. Welch seconded. During the ensuing discussion, Council members brought up several questions regarding the establishing resolution, mostly related to its inconsistency with the establishing resolutions of other City advisory boards. These included: Library Advisory Board appointments are made by the City Manager rather than the Mayor with approval by Council; terms are five-year rather than three-year; term limits are imposed; the Library Advisory Board advises the City Manager rather than the City Council on various administrative matters. After further discussion, consensus was to vote on the resolution as proposed to enable the City Manager to reappoint Ms. Price and to direct staff to review the standards and requirements for all advisory boards for consistency and bring back recommendations to make the Library Advisory Board consistent with other advisory boards and to make all advisory boards consistent. Most debate referred to whether of not term limits should be set for members of advisory boards. Vote: Motion to adopt Resolution 08-026 carved unanimously, 7-0, by voice vote. Mr Randels moved to direct staff to review all constituting documents for city advisory groups and return to the Council with issues of consistency or inconsistency and to draft a new resolution for the Library Advisory Board making it consistent with other advisory boards. Ms. Robinson seconded. The motion carried unanimously, 7-0, by voice vote. RECESS Mayor Sandoval declared a recess at 7:42 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 7:56 p.m. ORDINANCE NO. 2981 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADDING TO THE MUNICIPAL CODE A NEW CHAPTER PROHIBITING WITH CERTAIN EXCEPTIONS OPERATION OF BICYCLES AND SKATEBOARDS AND OTHER VEHICLES ON SIDEWALKS, AND PROVIDING THAT ANYONE LEGALLY OPERATING A BICYCLE, SKATEBOARD OR OTHER VEHICLE ON A SIDEWALK, City Council Business Meeting Page 4 July 21, 2008 PATH OR TRAIL REDUCE SPEED AND ANNOUNCE HIS OR HER PRESENCE WHEN PASSING A PEDESTRIAN, AND AMENDING CHAPTERS 10.32 - BICYCLES, AND CHAPTER 1.40 SKATEBOARDS AND ROLLERSKATES, TO REPEAL INCONSISTENT SECTIONS AND TO PROVIDE CROSS-REFERENCE TO THESE REQUIREMENTS, AND PROVIDING PENALTIES City Attorney John Watts reviewed the packet materials. In response to Ms. Robinson's question, Mr. Watts noted that the intention of this ordinance is that any vehicle with wheels would be prohibited on any sidewalk within the city limits unless it falls within an exception. Public comment: Jim Todd spoke in support of the ordinance, citing several sections of the Comprehensive Plan and Non-Motorized Transportation Plan which he stated proved the need to protect pedestrians. He also referred the Council to his prior memos and rationale regarding the ordinance. Peter Lauritzen, member of Non-Motorized Transportation Advisory Board (NMTAB) but speaking as an individual, spoke in opposition to the ordinance and stated that the NMTAB has worked extensively on the issue and has made recommendations contrary to this. He provided written comments for the record. Marilyn Muller spoke in favor of the ordinance, and referred to a fatal accident in Minnesota caused by a bicycle hitting a pedestrian. Lynn Gressley, representing DASH (Disability Awareness Starts Here) asked that Council consider the position of DASH which proposed prohibition of bicycles and other non-motorized vehicles on sidewalks on a zoning basis rather than street by street and also prohibiting non-motorized vehicles on sidewalks where there are adjacent bicycle lanes. He suggested more effort be put into bicycle and pedestrian safety education. Pat Teal, member of both NMTAB and DASH, speaking as an individual, asked Council to look at the DASH recommendations which she characterized as a compromise. Andrew Reding, member of NMTAB, noted that the area around the Community Center has been proposed as part of the exclusion (of wheeled vehicles on sidewalks) zone. He added that NMTAB moved from the confusing street by street listing and suggested a zone where most non-motorized vehicles would be prohibited on sidewalks. He said that the issue necessitates a balancing act which takes all users into consideration. He added input from staff would be valuable and that consistency is important. He reviewed statistics from the Police Department which showed that the greatest threat to pedestrians is from automobiles and that City Council Business Meeting Page 5 July 21, 2008 not one accident involving a pedestrian and anon-motorized vehicle had been reported to the Police Department in the last few years. David McCulloch stated he is not strictly a bicycle advocate but has worked on behalf of pedestrians, bicycles and transit; he noted that he believes this ordinance applies far too broad a brush and will limit transportation opportunities for youth and others. He added that a state law is already in place which requires non-motorized vehicles to pass pedestrians at a safe speed. He also said the ordinance would be difficult to enforce as the Police must observe an infraction in order to issue a warning or ticket; he also believes the ordinance would create confusion and not decrease collisions. It would not apply to the Larry Scott trail, which has been often cited as the place where most bicycle/pedestrian accidents take place. He noted that pedestrians are as often at fault as bicyclists and that bicycles have no safe zone that no one else violates. Limiting sidewalk riding to children ten and under creates an arbitrary number. He also said that creating a zone in commercial districts which limits non-motorized use of sidewalks makes sense. Jason Green, Manager of the Boiler Room, stated he has a neutral stance; he suggested that skateboards as well as bicycles be registered with the Police Department and that during the registration process, pamphlets could be provided with rules of the road and City regulations regarding non-motorized vehicles. Owen Fairbank, member of NMTAB, speaking as an individual, stated he appreciates the efforts to get this issue resolved but that it is time to move on. He added there were different views on the NMTAB. He added this ordinance seems unenforceable; everyone has had experience with people who lack respect and consideration which is unfortunate but cannot be legislated. He expressed a desire to have all users work together for a solution. Mr. Butler stated he believes he is hearing the Council should look more carefully at the issue; he recommends that the ordinance be sent to NMTAB and they incorporate concerns expressed at this meeting. Mr. King stated that there is much mixed use of our rights of way and it is difficult to do a "rule based" approach. He believes this is a controversy that masks a consensus that the most vulnerable should have the right of way and their needs should take precedence. There is no disagreement that bicycles should yield to pedestrians but he is not convinced that the approach stated in the ordinance is the way to go. Mr. Welch stated he will not support first reading of the ordinance although he understands people feel vulnerable; he believes education is the most effective tool and commends NMTAB for their great work. He supports the NMTAB recommendation and does not believe there are problems that rise to the level where we need to criminalize the activities. City Council Business Meeting Page 6 July 21, 2008 Mr. Randels stated he believes there is consensus that we need to not only decrease the few collisions which occur but that we need to decrease the fear of collisions. He stated the issue must be kept alive until a compromise is found and this should be done quickly. Ms. Robinson noted her concern about congested areas; she recommends finding a way to consider the DASH recommendation, either by the Council as a whole, General Services Committee, or NMTAB. Ms. Sandoval stated her hope was that Council would provide direction rather than approve a first reading of the ordinance. She stated this ordinance will not solve the Larry Scott Trail issue. She likes the suggestions involving educating and licensing skateboarders and bicyclists. She noted that if it is true we want more youth in our community, she is very hesitant to criminalize the activities in which young people currently take part. Mrs. Medlicott agreed that education must be a large piece of the solution. She does not support sending it back to committee again; she suggested having a first reading and directing staff to work on the ordinance. Ms. Sandoval recommended crafting something that will address the issues in the commercial areas, looking at the DASH suggestions and incorporating those into a direction statement. Mr. Randels stated he also does not want this to drag on and would like to have a complete ordinance before the beginning of September for consideration. He stated this could be done either by committee review and recommendation or by the Council giving direction to staff to bring forward an ordinance that reflects the conversation this evening. Ms. Robinson agreed that a look at zoning areas which would preclude non- motorized vehicles on sidewalks would be a good beginning. Mr. King stated that it is important that restrictions be clear; he proposed asking staff for assistance. He stated that the basic unit of transportation for everyone is walking and that right should be accommodated, with exceptions clearly defined. Mr. Welch stated he hopes that NMTAB is kept in the loop to vet what comes forward, keeping the DASH recommendation in mind. He stated there are areas that exclude skateboards from any use at all and he believes they should be able to use streets if sidewalk use is prohibited. Mr. Butler stated he would like NMTAB to work with DASH and other ADA groups for guidance, also keeping aware of the needs of schools. City Council Business Meeting Page 7 Jury 21, 2008 Motion: Mr Randels moved to table the ordinance and direct staff to explore options with advisory committees, outside groups and other individuals as they see fit and to bring back a new proposal not as broad as this, one that reflects an attempt to seek a compromise and will reflect the Council's comments; an ordinance could be presented for first reading with opportunity for the Counci! to revise. Mr. Butler seconded. Ms. Sandoval stated a broader compromise would be her preference, which would include addressing commercial areas and allowing skateboards back on streets. In response to Mr. Randels, Mr. Timmons stated that staff could adhere to a time frame which would result in bringing forward a new ordinance at the August 18 business meeting. Motion carried, 5-2, by voice vote, Medlicott and Welch opposed. Mrs. Medlicott left the meeting at 9:18 p.m. PRESIDING OFFICER'S REPORT Mayor Sandoval stated that a City volunteer appreciation event is scheduled for July 31 at 4:30 at the Pope Marine Building. She noted that the Canoe Journey is in progress and that the canoes landed in Port Townsend today and the group will be staying overnight tonight. The mayor asked for a volunteer to replace Mrs. Medlicott, who will be resigning as Council representative to the Peninsula Development Association Board and the North Olympic Peninsula Rural and Community Development Council. CITY MANAGERS REPORT Mr. Timmons noted that work is underway on undergrounding utilities downtown; this has resulted in some tree removal. A replacement plan is in place for street trees. He reviewed the memo in the packet from the Noxious Weed Board regarding eradication of knotweed. Mr. Timmons summarized his memo dated July 17, 2008 and other materials in the packet including a memo from the City Attorney (May 28, 2008) and the Finance Director (May 29, 2008) regarding PUD taxing authority. In regard to the swimming pool, he stated the School District is facing more severe cutbacks in revenue and will be unable to continue the current level of maintenance at the pool. The City is seeking funding partners, including Jefferson Healthcare and the BOCC to keep the pool in operation. City Council Business Meeting Page 8 July 21, 2008 COMMENTS FROM COUNCIL Mr. Randels inquired about the PA system in the chambers. Mr. Welch stated that someone has played with the controls and staff is trying to reset them; also the Council needs to be educated on how to use the microphones to avoid feedback. Mr. King stated the that the City will receive a letter from Kaycee Cronkite of the Wooden Boat Foundation stating that many vendors and participants in the Wooden Boat Festival have cancelled participation because of the difficulties of getting through customs. ADJOURN There being no further business, the meeting was adjourned at 9:37 p. m. Attest: ~„-~-~ ~~ /~ Pamela Kolacy, MMC City Clerk City Council Business Meeting Page 9 July 21, 2008