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HomeMy WebLinkAbout04042005 . CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE WORKSHOP SESSION OF APRIL 4, 2005 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in workshop session this fourth day of April, 2005, at 6:30 p.m. in the Waterman & Katz Cedar Room, Mayor Catharine Robinson presiding. ROLL CALL Council members present at roll call were Frank Benskin, Kees Kolff, Geoff Masci, Laurie Medlicott, Catharine Robinson, and Michelle Sandoval. Freida Fenn arrived at 6:37 p.m. Staff members present were City Manager David Timmons, City Attorney John Watts, and Pam Kolacy, City Clerk. IN BOX . The Council discussed process and agreed to place a 1 O-minute time limit for presentation and clarifying questions; then discuss all items in context of the total workplan at the end of the meeting. Mr. Masci suggested setting a cutoff date for submission of inbox items prior to each quarterly inbox session. Mayor Robinson stated that action item would be added to the April 11 agenda. INTERIM ORDINANCE AMENDING PTMC TITLE 17, CHAPTER 5, DEFINING AND REGULATING FORMULA RETAIL ESTABLISHMENTS City Attorney John Watts reviewed the packet materials. He noted that the issue had come up a few years ago and at that time the focus was on design review regulations, not based on ownership or chain store/franchise type issues. He said the citizen group has provided regulations from Bainbridge Island and Coronado California (Court of Appeals ruling). Bainbridge Island produces an allowance for formula stores in a limited geographic area and regulates fast food restaurants only. The California ordinance requires a conditional use permit and establishes frontage and height requirements. . He stated the proposed approach by the citizen group defines formula retail as a "standardized operation" - a definition of "formula restaurant" would also be needed. He added his opinion that very clear definitions would be needed. In Coronado, the code says the business must be "compatible" and "appropriate" City Council Workshop Page 1 April 4, 2005 . which is problematic language and would have to be tightened up. He added that the Court of Appeals opinion has great language; however it is not a published opinion and the effect is that the opinion cannot be cited as precedential authority. He stated there are some things in the proposed legislation that could supplement existing design review (size limits, frontage, etc.) Council is asked whether they would like to take another look at whether formula store regulations are something the City wants to adopt. Mr. Watts stated there have been no court cases since he talked with MRSC two years ago. He did talk with the City Attorney from Bainbridge Island regarding the differences between the approach that led to litigation for their City and the Coronado approach which may not survive federal challenges. Mr. Watts stated it may be useful to have Attorney David Bricklin attend a Council meeting to discuss Bainbridge Island's experience, as he represented the city when the City Attorney was conflicted out. DRUG COURT . Mr. Masci stated that the Drug Court, a program that has been in place for two years, is a successful program, but could benefit from a part-time coordinator. He said that the Law and Justice Council has identified that a total of $35,000 would be needed to pay a part-time coordinator and any financial support from the City would be appreciated. He stated without a coordinator, the program might have to be cut back. Ms. Sandoval asked what is the current price tag on our commitment to the County for shared services. Estimates for the total jail, municipal court, public defender, and communications center range from $400,000 to $600,000. Mr. Kolff asked if there is any documentation about how much money the County has saved by instituting this program. Mr. Masci said he would try to get some help and come up with ballpark numbers. Mrs. Medlicott received confirmation that the $35,000 for the coordinator would be in addition to the $65,000 currently being spent on the program. LIFE SKILLS TRAINING (LST) PROGRAM Mr. Benskin stated that the LST program could complement the current DARE program. He introduced Beth Wilmart, who was available to answer questions. . Mr. Benskin stated that $5,000 was reserved in the 2005 budget for spending at the Council's discretion as a result of not funding EDC. Ms. Sandoval asked if the total cost would be $5,000; Mr. Benskin replied that the amount could be up to $15,000. City Council Workshop Page 2 April 4, 2005 . Mr. Kolff stated he would like to know what could be accomplished with an investment of $5,000. Ms. Wilmart stated that the program is not currently active in Jefferson County and she isn't sure if there is anyone here who has had experience implementing the program. She added that Community Network researched the program as a matter of technical assistance to the City in answer to a question about a school based substance abuse program which is "evidence-based." Ms. Fenn asked if the school district has been contacted by Community Network as to whether they have an interest in the program. Ms. Wilmart replied they have not been contacted. Ms. Wilmart stated that the per unit cost of the program is $29 and the project benefits per student are $746. Ms. Fenn requested a copy of the report. CITING DRIVERS FOR STUDDED TIRES AFTER REQUIRED REMOVAL DATE . Mr. Timmons stated that Police Chief Anderson has forwarded a request from the parking enforcement officers to consider an addition to the City parking ordinance that would prohibit parking a vehicle on City streets with studded tires after the State's required removal date. He added this would be a simple process of amending the Code and could be implemented in a manner similar to a defective equipment citation, where if corrected within a certain period of time, the citation would be waived. In answer to Mr. Benskin, Mr. Watts stated the state bail schedule would apply to the offense so the charge would be based on that. HOME OCCUPATION/BUSINESS LICENSE CODE MODIFICATION Mr. Timmons reviewed the packet material regarding the issue of updating the home occupations ordinance to address concerns of businesses using inflammable materials in residential neighborhoods. In response to Mrs. Medlicott, Mr. Watts noted that certain situations bring to light questions about whether the code reflects regulation intent; certain retail businesses are allowed to be home occupations if the products are crafted on site but other standards must be met. Mr. Benskin suggested that in this instance the Fire Department did not review the application; he stated we may have the necessary tools but need to allow the appropriate people to do the review. . City Council Workshop Page 3 April 4, 2005 . Mr. Timmons stated information can be gathered administratively during the permit submission process. MONTHLY PAYMENT PLAN FOR WATER AND SEWER SERVICE Mr. Masci brought the issue forward. He stated that many homes on septic and wells will soon need to hook up to city utilities and may have difficulty in paying the full amount. He suggests instituting a monthly payment plan. He added that people building their own homes may be working within a different budget framework from contractors. Ms. Sandoval asked if the City could charge interest on these accounts. Mr. Timmons stated it could. He also noted that there were discussions about this as an option during the rate study talks. Mr. Kolff asked if this would only be for already built homes or also homes under construction. Mr. Masci stated it would be for already built homes and could be extended to owner builders who are not contractors. Mr. Timmons noted that in the case where an owner/builder builds and sells a series of houses, the city can impose a lien repayment requirement so the fee must be paid off on transfer of the property. . Ms. Robinson asked is this could be considered until the utility rate study this year. Mr. Timmons replied that it could. RECESS Mayor Robinson called for a recess at 7:54 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8: 1 0 p.m. SUSTAINABILITY TASK FORCE Mr. Timmons referred Councilors to the letter in the packet outlining the concept of a city-supported citizens task force on sustainability. PRIORITIES Mayor Robinson noted that Council committees were asked to submit their work plan items to staff prior to the Council retreat. Committees were then asked to prioritize these work plan items. It was agreed that each committee chair would present their work plan list. . City Council Workshop Page 4 April 4, 2005 . Community Development/Land Use Freida Fenn Regarding pool salaries, Mr. Timmons noted that collective bargaining contracts apply to some of the salaries; rather than taking place by committee review, administration can report to the council. Metropolitan Park District: it was noted that two representatives from the Park & Recreation Advisory Board have been attending the meetings. Ms. Sandoval stated that a Council representative should also be appointed. Ms. Robinson will bring to a business meeting. Pool Strategic Planning: Mr. Timmons stated that this is in the administration's work plan in terms of beginning to identify extent of repairs, etc. The new School District Superintendent will be involved in the discussion which will probably take place in the third or fourth quarter. Transportation: Michelle Sandoval Bicycle ordinance: explanation that this came up during the discussion of motorized foot scooters which was assigned to the committee; the review is completed and will update old references in the Code. . Streetscape: committee assumes there will be public process and planning will depend on success in securing funding. General Government: Geoff Masci Ms. Sandoval noted that there is a need to examine criteria for the public infrastructure fund. Mr. Timmons stated a special meeting may need to be set for these recommendations. Finance/Budget: Catharine Robinson Admissions tax Utility rate study Review of all fees Interfund loans/debt policy Mr. Timmons noted that the two-year budget cycle is already in the administrative work plan. . Mrs. Medlicott questioned whether collection of fees for transient accommodations would be addressed through finance or from an enforcement point of view. Mr. Timmons stated the City could start on the land use side since fees and licenses are already prescribed; the only real policy issue is whether the uses should be permitted and what should the rules be. City Council Workshop Page 5 April 4, 2005 . Mr. Masci stated this is an administrative matter - if violations occur, fines should be enforced and licensing required. Mr. Watts noted that at the administrative level, we are talking about the best way to approach the current situation where there are a number of unlicensed transient accommodations in violation of the code as written. Mr. Kolff noted it would be helpful to have time lines for these items; council would like estimates from staff as to when some of these issues will be completed. Mr. Timmons stated that there are 11 current staff vacancies and that will impact the timeline on many projects. Ms. Robinson stated the playground equipment plan is underway. Mr. Timmons stated the transient residence issue will be a partnership between Finance and DSD; it is possible that a third-party audit could be done with a finder's fee involved, much like our audit of sales tax payments. When violators are recognized, it becomes a code enforcement matter if not a permitted use. Then the issue of amending the code may come up, as we will be putting some of them out of business. . There was further discussion regarding the enforcement aspect of the issue. Mr. Randall described the current Code requirements. Mrs. Medlicott asked if the Council needs to direct staff to enforce this provision. Mr. Timmons stated it would be helpful, as the staff cannot police the entire City to make sure all municipal code requirements are being met; the standard scenario is that the City responds when made aware of a violation or someone makes a complaint. In this case, staff would be required to do pro-active enforcement and he stated that Council needs to make that a public policy statement. Mr. Masci asked why we couldn't have a regulation allowing someone to buy a home and make it a summer rental as this would result in income enhancement to the City. Ms. Sandoval suggested sending the issue to the CD/LU Committee because of the need for Code revisions; the City needs to get ahead of the game and establish regulations. Mr. Fenn suggested that each committee come back with timelines on their work plan items. . City Council Workshop Page 6 April 4, 2005 . Ms. Robinson stated that the Finance/Budget Committee items should be done by the end of the third quarter so they can be included in the 2006 budget. She suggested each committee set timelines at the April meetings. GENERAL DISCUSSION: IN BOX ITEMS Mr. Kolff asked Mr. Timmons for his suggestions regarding the items presented this evening. It was suggested that each Council member then go down the list with suggestions. Formula Stores: suggested being pro-active rather than reactive and suggested review by the Planning Commission including a discussion of tightening up design review. Drug Court: include in discussion with County Administrator as the City Manager has already been assigned to look at joint ventures and cooperation; if Council sees an immediate need, it would be possible to look separately at a supplemental budget process to see if there is partial year funding possible. Life Skills: similar to above. Studded Tires: a simple code amendment can go forward to administration. . Home occupation - suggested that Planning Commission look at existing regulations and determine whether or not we need to augment or adjust the Code. Monthly payment plan - could be reviewed in the context of the cost of service update in the work plan. Sustainability task force - concern is whether we could sustain a task force at this point in time. Ms. Fenn: Formula store ordinance: add to Planning Commission work plan Drug Court: include in City Manager/County Administrator shared services discussion. Life Skills: see above and discuss with school district and new superintendent. Studded tires: bring ordinance forward. Home Occupation - address administratively. Payment plan water/sewer - put in context of utility rate review. Sustainability task force: proposal too fuzzy, would rather see specifics before committing city support. . Mr. Benskin: City Council Workshop Page 7 April 4, 2005 . Formula store ordinance: should be looked at through Planning Commission or CD/LU. Drug Court: act on funding request. Life skills: act on funding request. Studded tires: act on ordinance. Home occupation: have sufficient laws on the books, need enforcement Monthly rates: implement before rate schedule review if possible. Task Force: not enough information, would be hard to staff at this point. Ms. Sandoval: Formula store: deal with through new ordinance or by addressing C-II design standards or alternate plan process. Drug Court: worthwhile discussion but needs to go through budget process and city/county consolidation process. Life Skills: noted that we are cutting back funding on programs (like Boiler Room) that we already support. Studded tires: go forward. Home occupation: address through code change, need council policy Monthly rates: make part of rate study. Task Force; citizens could come together on their own and bring a list of issues to the Council, can't staff at this time. . Mr. Masci: Formula stores: would rather have addressed by Planning Commission than CD/LU. Drug Court: recommend discussions between City Manager and County Administrator. Life Skills: spend the $5,000 for the program. Studded Tires: go forward. Home Occupation: amend the ordinance. Monthly payment: do administratively. Task Force: have citizens group come up with some practical suggestions. Mr. Kolff: Formula Stores: send to Planning Commission; discuss interim ordinance. Drug Court: take up with County and evaluate in balance with other funding arrangements we have in place. Life Skills Training: expend $5,000, talk with new Superintendent. Studded tires: go forward. Home Occupation: does need to be amended; there are enough vagaries in definitions and codes that need tightening up. Monthly payment plan: do administratively, provide some interest condition, don't defer to rate review. Task Force: agree with others; there is much Council could learn from a citizen's group. . City Council Workshop Page 8 April 4, 2005 . . . Mrs. Medlicott: Formula Stores: against legislating aesthetics, not in favor of interim ordinance but willing to look at the issue through Planning Commission. Drug Court: see how this fits into current city/county services integration. Life Skills: same as above. Home Occupation: little interest in re-doing the code, believe enforcement should be pro-active. Studded tires: go forward. Monthly payment: do administratively. Task Force: agree with others. Ms. Robinson: Formula stores: send to Planning Commission, then CD/LU. Currently uncomfortable with considering interim ordinance at this time, particularly the ordinance give for review; if interim ordinance is proposed, would like to see Planning Commission review with a time line. Drug Court: look at current agreements with County; electeds need to look at overall needs of both entities. Life Skills Training: interest in prevention-based programs but would want to have school district involved as well as DARE officer. Studded tires: go forward. Home occupation: look at application process administratively but consider there may be aspects for Planning Commission to review. Monthly payment plan: good if it can be dealt with administratively but must be aware this is not cost neutral. Task Force: would consider something from citizens more concrete and specific, which could be forwarded to Planning Commission. ADJOURN There being no further discussion, the meeting was adjourned at 9:18 p.m. Attest: (Jam CÞ< ~ Pam Kolacy, CMC City Clerk City Council Workshop Page 9 April 4, 2005