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HomeMy WebLinkAbout081808CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF AUGUST 18, 2008 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the eighteenth day of August 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, George Randels, Catharine Robinson, Michelle Sandoval and Mark Welch. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, DSD Director Leonard Yarberry, Police Sergeant Ed Green, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA There were no changes proposed to the agenda. SPECIAL PRESENTATION -MAIN STREET Susan Windle, President of Main Street, provided an update on Main Street activities to the Council. COMMENTS FROM THE PUBLIC (consent and non-agenda items) David McCulloch presented an update on the bicycle safety program. Bernie Arthur distributed written comments regarding land use issues associated with his property. James Fritz regarding prohibition of sandwich board signs and shopping locally. Susan Langlois read a poem by Jane Kenyon. CONSENT AGENDA Motion: Ms. Robinson moved to approve the following items on the Consent Agenda (note: Item B, August 4 minutes, were not provided and were removed from consent agenda). Mr Butler requested that Item E (Rocky Hill and Knowlton agreement) be removed for discussion; it was moved to New Business A at Mrs. Medlicott's request. Crty Council Meeting Page 1 August 18, 2008 Mr. King seconded. The motion carried unanimously, 7-0, by voice vote. Approval of8ills, Claims and Warrants Vouchers 105587 through 105706 in the amount of $630, 741.26 Authorizing City Manager to purchase compost mixer Authorizing contract with CH2M Hill for Condition Evaluation of the City of Port Townsend 5-MG Reservoir ($36,353) PUBLIC HEARINGS RESOLUTION 08-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, APPROVING EXECUTION OF FUNDNG AND LOAN DOCUMENTS AND AGREEMENTS IN CONNECTION WITH THE STATE OF WASHINGTON, DEPARTMENT OF COMMUNTY, TRADE AND ECONOMIC DEVELOMENT ON BEHALF OF THE CITY OF PORT TOWNSEND AND JEFFERSON COUNTY DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROGRAM DOVE HOUSE TRANSITIONAL HOUSING PROJECT Mayor Sandoval read the Rules of Procedure for public hearings and noted these wou{d apply to both scheduled public hearings. No Council members had any financial or property interests to disclose in regard to either matter. City Manager Timmons reviewed the packet materials. He noted that a public hearing was held on October 15, 2007; the application for funding has been approved in the amount of $425,000 and loan and grant agreements are ready to be executed. The hearing provides another opportunity for public comment. There was no public comment. Motion: Mrs. Medlicott moved for adoption of Resolution OS-029. Mr Butler seconded. Motion carved unanimously, 7-0, by voice vote. RESOLUTION 08-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING A LAND EXCHANGE WITH THE DEPARTMENT OF NATURAL RESOURCES EXCHANGING THE CTY'S INTEREST IN THE SNOW CREEK PROPERTY FOR THE DNR'S INTEREST IN 80 ACRES NEXT TO THE CITY Mr. Timmons reviewed the packet material regarding the exchange agreement with the Department of Natural Resources to exchange the City's interest in the "Snow Creek" property (approximately 160 acres) for the DNR's interest in 80 acres adjacent to the City. City Council Meeting Page 2 August 78, 2008 City Attorney John Watts noted that the matter is timely as the City has 90 days from the DNR review of the appraisal to complete the transaction. If Council takes action tonight, the DNR Board will review at their September meeting and the closing will take place shortly thereafter. Public Comment: Monica Fletcher spoke in support of the resolution and the property exchange. David Goldman asked if any agency has done any kind of environmental study on the property. (Mr. Watts replied that the City is unaware of any environmental assessments). Mr. Timmons noted that the exchange is a specific Comprehensive Plan goal so there is clear policy consistency in proceeding. Motion: Mr. Welch moved for adoption of Resolution 08-030. Mrs. Medlicott seconded. After brief discussion, motion carried unanimously, 7-0, by voice vote. UNFINISHED BUSINESS ORDINANCE NO 2981 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADDING TO THE MUNICIPAL CODE A NEW CHAPTER REGULATING THE OPERATION OF BICYCLES, SKATEBOARDS AND OTHER WHEELED VEHICLES, AND PROVIDING PROHIBITIONS ON THEIR USE ON CERTAIN SIDEWALKS, AND AMENDING CHAPTER 10.32 -BICYCLES, AND REPEALING CHAPTER 10.30 SKATEBOARDS AND ROLLER SKATES, TO REPEAL INCONSISTENT SECTIONS, AND PROVIDING PENALTIES City Attorney John Watts reviewed the packet materials He stated that he met with the Non Motorized Transportation Advisory Board and they recommended delaying enforcement of the ordinance until signage is in place. At this time, the Public Works Dept. is planning to post signs at the entrances to downtown and other strategic areas rather than use stencils on the sidewalks. Staff estimates it will take about two months to have the signage in place. Mr. Watts provided a handout with language from state law specific to riders of bicycles yielding the right of way to pedestrians on sidewalks. Public comment City Council Meeting Page 3 August 18, 2008 Lynn Gressley, representing DASH (Disability Awareness) stated that the east side of Washington Street along the bluff between Tyler and Harrison is a heavily pedestrian-traveled sidewalk and people are frequently getting in and out of cars there; DASH recommends that this sidewalk be included in the areas that preclude bicycles and other wheeled vehicles. He also noted that if a bikeway and sidewalk are adjacent, the sidewalk should be closed to vehicle traffic. He also expressed concern about areas adjacent to other public infrastructure areas such as the hospital, which should be bicycle free except for existing bikeways. Pat Teal stated she would like to ban bicycles on sidewalks in the hospital district and on Upper Sims way when there are bicycle lanes in place, possibly with an exception for children. She added that in light of the recent bicycle/pedestrian accident, language within the ordinance supporting bicycles slowing to walking speed would not be unreasonable. Peter Lauritzen, Chair of the Non Motorized Transportation Advisory Board, speaking as an individual, noted he is generally supportive of the ordinance but would like to remove the exception of allowing children under 10 to ride vehicles on prohibited sidewalks. He said allowing them to ride on congested sidewalks is a hazard to them and to the pedestrians and sends an unclear safety message. He believes sidewalks should be shared unless they are congested, in which case all bicycles and skateboards should be prohibited. He applauded combining the regulations on skateboards with other non-motorized users; the NMTAB interviewed many skateboarders who felt discriminated against by being specifically prohibited from riding on sidewalks and streets. David McCulloch stated this is better than the original ordinance and more in line with the original recommendations of NMTAB than the original ordinance. He expressed doubts about adding prohibitions for vehicles on sidewalks in front of other public buildings and also Union Wharf and City Dock. He noted that bicycles are on sidewalks primarily because cyclists are afraid of being hit by cars and because of inadequate shoulders and bike lanes. He stated that engineering, education, enforcement and encouragement are key and the City must build cooperation and understanding. He said that Bainbridge Island has been pro-active on safety and produced an excellent brochure. He also noted that signage is critical and will have an impact on successful implementation of the law. (Did not get name): expressed concern about prohibiting bicycles from sidewalks; proposed that adults be allowed to ride with children on sidewalks and that the age for children allowed on bicycles on sidewalks be raised from 10 to 12 because the school bicycle safety program does not begin until the fifth grade. Clyde Lovett stated that most changes he came to support from the first ordinance have been made in this version; he stated that law should support common sense, respect and safety for all parties. City Council Meefing Page 4 August 78, 2008 Mr. Randels spoke in support of the ordinance, stating this is a solid compromise on the issues. He voiced objections to the indication on the agenda bill that the police "will not use ordinance even after signage to issue tickets." Mr. Watts said this was not the intent and that section of the agenda bill will be corrected when the ordinance is presented for final reading. Several issues raised in the materials and by Councilors were discussed at length. Ms. Robinson read Jim Todd's a-mail comments received today into the record as he requested. She then asked for clarification on the issue raised by Mr. Todd regarding the relationship between this ordinance and the Comprehensive Plan goals. Mr. King stated he interprets the Comp Plan language as guidance for the future, so that eventually the City will work toward providing separated lanes for pedestrians and vehicles; however, this will be a lengthy process. Motion: Mr. Randels moved for first reading of Ordinance 2981. Mr. King seconded. In response to Ms. Sandoval's question regarding potential confiscation of bicycles or skateboard vehicles for repeated violations, Mr. Watts stated he will research and bring information back to the Council. Mayor Sandoval then called fora "straw vote" on the issues raised to provide guidance to staff in preparing the final draft of the ordinance. Results of the poll (yes or no based on majority vote of those present): "Vehicle" used in straw poll questions refers to vehicles as defined in Attachment A. Allow vehicles on downtown docks: Yes 2. Remove exemption for children 10 years old and under operating vehicles on sidewalks where vehicles are prohibited: Yes 3. Add state law language regarding bicycles yielding right of way to pedestrians on a sidewalk: Yes 4. Prohibit vehicles on sidewalks along Washington Street between Taylor and Harrison: Yes 5. Prohibit vehicles on sidewalks in areas where bicycle lanes may be placed in the future (hospital, upper Sims): No 6. Prohibit vehicles on sidewalks with adjacent bike paths: No 7. Add language that requires bicycles to slow to walking speed when approaching/passing pedestrians: No City Council Meeting Page 5 August 18, 2008 8. Effective date of ordinance: no change from current language 9. Signage (no poll -staff will review options) Vote on first reading of ordinance 2981 carried unanimously, 7-0, by voice vote. CONTRACT AUTHORIZATION -ROCKY HILL & KNOWLTON FOR BRIDGE CLOSURE MITIGATION Mr. Butler asked why the focus of the scope of work is so narrow and why there was no competitive bidding for the contract. Mr. Timmons stated there was a competitive process including issuance of a Request for Qualifications, and vetting by the Lodging Tax Advisory Committee. He added the scope of work listed on the agenda bill is the part of the proposal currently authorized by LTAC and that other deliverables have been identified which may be implemented in the future as approved. Mr. Randels stated that he does not believe some of the data in the report is valid (example: 25% of visitors to Port Townsend cross the Hood Canal Bridge). Mr. Timmons stated that the contractor has recognized that one of the issues to be addressed was collection of valid data. Motion: Mr Randels moved to authorize the City Manager to execute a professional services agreement with Rocky Nill & Knowlton not to exceed $30, 000. The motion carried unanimously, 7-0, by voice vote. RECESS Mayor Sandoval declared a recess at 8:56 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 9:08 p.m. Mrs. Medlicott left the meeting during the recess. ORDINANCE 2988 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNCIPAL CODE CHAPTER 1.20 CODE ADMINISTRATION AND ENFORCEMENT, ADDING DEFINITIONS OF VIOLATION AND PROVISIONS RELATING TO PERSONS RESPONSIBLE FOR VIOLATIONS, AND PENALTIES FOR DAMAGE TO SIGNIFICANT TREES City Council Meeting Page 6 August 18, 2008 Mr. Watts reviewed the packet materials, noting that three changes/clarifications to the code have been proposed. Mr. Randels took issue with the new section clarifying land owner responsibilities for violation by a tenant. He stated he is in favor of holding the landlord responsible for what happens on his/her property, including civil fines and penalties as well as abatement. In response to Ms. Robinson's concern, Mr. Watts will rework paragraph H (b) so language is clear (including removing "or" between "public" and "regulation." Public comment David Goldman stated the "violation" language as presented in the ordinance in response to his request is acceptable, with correction to the syntax in section H(b). Motion: Mr Rande/s moved for first reading of Ordinance 2988. Mr. Welch seconded. The motion carried unanimously, 6-0, by voice vote. RESOLUTION 08-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AMENDING RESOLUTION 04-008 REGARDING THE DESIGN REVIEW ADVISORY COMMITTEE RESOLUTION 08-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AMENDING RESOLUTION 01-014 AND RESOLUTION 04-009 RELATING TO THE LODGING TAX ADVISORY COMMITTEE RESOLUTION 08-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AMENDING RESOLUTION 01-013 AND RESOLUTION 08-026 RELATING TO THE LIBRARY ADVISORY BOARD ORDINANCE 2990 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PORT TOWNSEND MUNICIPAL CODE Chapter 2.32, and Section 2.32.020 RELATING TO PLANNING COMMISSION TERMS OF OFFICE City Council Meeting Page 7 Augusf 18, 2008 Mr. Watts reviewed the packet materials, noting that Council asked staff on July 21, 2008 to review advisory board establishing documents for consistency of provisions relating to advisory boards. Mr. Randels pointed out that the Library Advisory Board resolution is not consistent with other residency requirements. He also stated that in Section 2 (A) and (B) the Council wished to revise language so that it indicates Board will advise "City" rather than "City Manager". Ms. Sandoval stated that she is sometimes asked why people who do not live in Port Townsend are able to serve on city boards and commissions. It was noted that sometimes particular expertise is needed that is not available within the pool of city residents willing to serve and that many people who do not live within the city limits have a serious and legitimate interest in City matters. There was no public comment. Motion: Mr Randels moved for an omnibus action to waive Council Rules on two readings for ordinances and approve Resolution 08-031, Resolution 08-032, Resolution 08-033, and Ordinance 2990 with the following changes: 1) eliminate all residency requirements from establishing documents and default to the general board and commission residency requirements found in the Counci! Rules; 2) change the length of terms for Library Advisory Board to three years and strike `manager" from sections 2 (A) and (8); 3) Add residency requirement to Ordinance 2990 (Planning Commission). Mr. King seconded. Motion carried unanimously, 6-0, by voice vote. NEW BUSINESS AWC WORKER COMPENSATION RETROSPECTIVE RATING PROGRAM 2008 Mr. Timmons stated that membership was proposed a few years ago but not approved by Council at that time due to discussions regarding an alternative program. Had the City enrolled in 2005, estimated refunds to date would have been approximately $68,000. He noted that AWC (Association of Washington Cities) is aggressive about pursuing and managing claims. He also stated that membership would allow staff to focus on more productive programmatic issues rather than managing individual claims. There was no public comment. Motion: Ms. Robinson moved to approve membership in AWC Compensation Retrospective Rating Program and authorize the City Manager to sign the required agreement documents. Mr. Randels seconded. Motion carried unanimously, 6-0, by voice vote. City Council Meeting Page 8 August 18, 2008 ORDINANCE NO. 2989 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING ORDINANCE 2896 RELATING TO THE DEFINITION OF FLOOR AREA RATIO FOR BUILDING SIZE LIMITATIONS Mr. Watts reviewed the packet materials regarding staff's recommended change to interim ordinance 2896, which takes out "basement area" in calculating floor area ratio and addresses the DSD Director's role in interpreting the code and the relationship of the ad hoc committee in the process of issues relating to unusual site conditions. DSD Director Leonard Yarberry was present to answer questions. Public comment David Goldman stated this sounds like bad public policy and might allow a single permit a window of opportunity under an interim ordinance that would not be allowed to others if the final regulations differ from the amended interim rules. Mr. Randels stated that although some current permit applicants may be affected, we need to live with this for a few months while the process works itself out. He said it would not be wise to let the ad hoc committee comment on land use policy and it is risky to let one of our officials have substantial discretion to make exceptions to the interim ordinance. Mr. Welch stated he agrees with the change, and believes basements should be exempt from the floor area ratio calculation; he added he does not believe this will change the intent of the ordinance to keep new construction in scale with the neighborhood. Ms. Robinson stated she is uncomfortable with the process since an interim ordinance is intended to stop action and now we are tweaking it when the ad hoc committee has not met yet. She stated that this is not the process that was established with the interim ordinance even if the specifics have merit. Mr. Butler stated that allowing living space underground is a good energy saving measure and should be encouraged. Ms. Sandoval stated she is sorry applicants may be caught in between but the ordinance has already been tweaked once and the goal of an interim ordinance is to keep the status quo. She would prefer that the ordinance be looked at in total so that all consequences can be played out. Motion: Mr. Welch moved for first reading of Ordinance 2989. Mr. Butler seconded. Motion failed, 4-2, with Welch and Butter in favor. PRESIDING OFFICER'S REPORT City Council Meeting Page 9 August 78, 2008 Mayor Sandoval corrected a local newspaper story regarding bicycle lanes on San Juan, noting they have been postponed, not removed from the design. She asked Council members to be involved with the Association of Washington Cities. CITY MANAGER'S REPORT Mr. Timmons commented on the following: Association of Washington Cities regional meeting in Poulsbo. Ferry bids; city will be monitoring process to the final contract awards. City has committed to co-sponsor a town meeting with School District regarding the future of Port Townsend schools. Location of the Visitors Center at the Park and Ride has been adjusted. City is working with the Postal Service regarding preservation of the Post Office building. City will review Mr. Arthur's letter and reply. ADJOURN There being no further business, the meeting was adjourned at 10:42 p.m. Attest: Pamela Kolacy, MMC City Clerk City Council Meeting Page 10 August 18, 2008