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HomeMy WebLinkAbout03242003CITY OF PORT TOWNSEND MINUTES OF THE SPECIAL SESSION OF MARCH 24, 2003 The City Council of the City of Port Townsend met in special session this twenty-fourth day of March, 2003, at 6:30 p.m. in the Port Townsend High School Gymnasium, Mayor Kees Kolff presiding. ROLL CALL -- PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Freida Fenn, Kees Kolff, Geoff Masci, Catharine Robinson, Michelle Sandoval, and Alan Youse. Joe Finnie was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Police Chief Kristen Anderson and Legal Assistant Bobbie Usselman. PUBLIC COMMENT There was no public comment on items not on the agenda. RESOLUTION 03-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, SUPPORTING THE EFFORTS OF THE EAST JEFFERSON CHAPTER OF PUGET SOUND ANGLERS TO EXTEND THE CHINOOK SALMON SEASON AND PRESERVE THE BEACH FISHERY Motion: Ms. Robinson moved for reconsideration of Resolution No. 03-008. Ms. Sandoval seconded. The motion carried, 6-0, by voice vote. Public Comment: Gary Hulsey of Puget Sound Anglers gave a brief statement regarding the resolution and asked for the Council's support. He clarified that the effect would be on the season starting in April 2004. Mr. Youse noted he is a member of Puget Sound Anglers, the group promoting the action. City Attorney Watts stated that since this is a legislative matter and Mr. Youse has an association but does not expect financial gain due to passage of the resolution, he is not required to disqualify himself from participating in the matter. Motion: Mr. Masci moved for adoption of Resolution 03-008. Ms. Sandoval seconded. The motion carried unanimously, 6-0, by voice vote. City Council Special Business Meeting Page 1 March 24, 2003 PUBLIC HEARING ORDINANCE 2831 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE AMENDING TITLE 9, PEACE MORALS AND SAFETY, TO ADD A NEW CHAPTER 9.09, NOISE ORDINANCE 2832 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE TITLE 10, VEHICLES AND TRAFFIC, TO ADD A NEW CHAPTER 10.30 - COMPRESSION BRAKES Mayor Kolff opened the legislative public hearing and read the rules of order. He asked if any council members had any interests, financial or property, to disclose in connection with the matter. There were none. Staff Presentation City Attorney John Watts presented a detailed outline of the proposed noise ordinances and the Memorandum of Agreement with the Port of Port Townsend. The ordinance and MOA have been reviewed extensively by the Community Development/Land Use Committee and have received a great deal of public comment. Mr. Watts also presented additional written materials received after the council packet was put together from B. Poff, M and G. McDowell, J. Colbert, and M. Hewitt. Police Chief Kristen Anderson commented in support of the Ordinance and its impacts on the department. RECESS At 7:40, Mayor Kolff announced a brief recess for the purpose of a break. RECONVENE The meeting was reconvened at 7:50 p.m. The Mayor then called for public comment. Jim Todd spoke in favor of adoption, asking for clarification that the 1AM to 7AM noise prohibition is effective in the commercial historic district, not the residential historic district. Lee Rowe: expressed concern about the MOA, stating that she does not favor changes made since the first draft. She stated that the document has been trimmed back so that it no longer addresses some of the more direct effects to the residents who are in the immediate vicinity of the boatyard. City Council Special Business Meeting Page 2 March 24, 2003 Cindy Thayer spoke in support of the ordinance and MOA; recommended modifying MOA to prohibit sand blasting on holidays and Sundays. In general, she stated it is a good compromise between the Port and the neighborhood. The following spoke briefly in support of adoption: Linda Loar Don Marseille JoAnn Elliot George Elliot Forrest Daniel Helva Doug Mason: attorney speaking on behalf of clients who have been impacted by noise from heat pumps, asked for confirmation there is no exemption for heating and cooling devices and that there is no "grandfathering" under the regulations. David Pemberton stated he has received complaints from neighbors regarding his son's band and has always cooperated and tried to rectify the situation. Staff response: City Attorney Watts stated that the exemption for the Historic District does apply only to the Commercial Historic District. He recommended that there be no attempt at this time to revise the MOA but that we build on the work that went into the document and assess whether or not the management practices and other provisions alleviate the noise situation for the Port neighbors. Mr. Watts confirmed that there is no exemption under the ordinance for mechanical heating and cooling devices, that this would be an instance where decibel level would probably be measured; he added that existing situations are not grandfathered under the ordinance. Questions from Council members Ms. Sandoval clarified that the audiotape Ms. Thayer played was of sandblasting activity. In answer to Mr. Masci's question, Mr. Watts stated that the Ordinance adopts the state values for acceptable decibel levels. Mr. Masci suggested making this clearer in the legislation by stating that the WAC is adopted in its entirety. Mr. Masci spoke in support of having the fines conform to the existing fine schedule for animal noise disturbances. City Council Special Business Meeting Page 3 March 24, 2003 Ms. Robinson noted the MOA can only be terminated by Council action, she asked whether the Port can also give notice to terminate. Mr. Watts stated the key point is that the MOA can only be terminated by full Council action and not by administrative or committee action. In regard to the WAC state provisions, Mr. Watts stated certain portions, which are not adopted by the ordinance, don't apply to the city. Ms. Robinson asked how the ordinance applies to the Sims Way business district. Mr. Watts stated that outside the Historic Commercial District, there is another commercial district, which does not have the same exemption. There was agreement that the matrix should be adjusted for clarity. Mr. Youse asked what will happen if the MOA is terminated. Mr. Watts stated there is a provision for consultation at staff and elected official level to see if differences can be solved by an amendment process; if one entity were determined to terminate the MOA, then the provisions of the ordinance would apply within the Port. Clarifying responses from audience: Jim Todd reiterated a concern about low frequency sound. Doug Mason asked whether the city would invest in the equipment needed to enforce the ordinance. Mr. Timmons replied that this would be part of the cost of establishing the legislation. The mayor closed the public testimony portion of the hearing. Motion: Ms. Sandoval moved for first reading of Ordinance 2831. Ms. Robinson seconded. Motion to amend: Mr. Masci moved to add a subsection "d" to 9. 09. 020 (2.), which would reference the adoption of WAC 173.60. 040 in its entirety. Mr. Kolff seconded. Mr. Watts commented that he supports the intent of the amendment. He stated that he would research and propose language and placement prior to the next reading of the ordinance. Amendment by consensus: Ms. Robinson proposed a modification to the motion which would direct the City Attorney to supply language which would clarify the adoption of the decibel levels in the WAC. Vote on the motion as amended: motion carried unanimously, 6-0, by voice vote. Motion to amend: Mr. Masci then moved to amend 9. 09. 060 "Penalty" to reflect a fee scale of $66, $115, and $209 rather than $100, $200 and $300. Ms. Robinson seconded. City Council Special Business Meeting Page 4 March 24, 2003 Ms. Fenn spoke against the amendment, noting there are many methods of resolution built into the ordinance which do not involve fines but encourage discussion and agreement among parties; she added that money can be a motivator and deterrent. Mr. Kolff noted that in the case of teenagers or others driving a car with loud music, there would be no warning opportunity. He supported the reduction for the first year. Vote on amendment carried, 5-1, by voice vote, with Fenn opposed. There was discussion regarding the mechanics of tracking the number of warnings received, and what the cost of manpower and time to the Police force would be. Chief Anderson stated she believes the ultimate effect of the ordinance will be that the workload of the department will decrease and this will balance any costs involved with implementing the ordinance. Mayor Kolff noted he reviewed a few typographical corrections with the City Attorney and these will be corrected in the final ordinance. Vote to approve the first reading of Ordinance 2831 as amended carried, 5-1, by voice vote, with Youse opposed. Motion: Ms. Sandoval moved to authorize the City Manager to execute the draft City/Port Memorandum of Agreement relating to Port noise. Ms. Robinson seconded. The motion carried unanimously, 6-0, by voice vote. Motion: Ms. Robinson moved for first reading of Ordinance 2832. Miss Sandoval seconded Mr. Masci and Mr. Youse asked for more information on jake brakes, particularly regarding whether they are necessary in some situations to slow or stop a vehicle. Watts stated he would provide more information prior to the second reading. Mr. Vote: the motion carried 5-1, by voice vote, with Masci opposed ADJOURN There being no further business, the meeting was adjourned at 9:20 p.m.. Attest: Pam Kolacy, CMC v City Clerk City Council Special Business Meeting Page .5 March 24, 2003