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HomeMy WebLinkAbout08012005 . CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF AUGUST 1,2005 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this first day of August, 2005, at 6:30 p.m. in the Port Townsend temporary Council Chambers in the Cedar Room of the Waterman & Katz Building, Mayor Catharine Robinson presiding. ROLL CALL Council members present at roll call were Frank Benskin, Kees Kolff, Geoff Masci, Laurie Medlicott, and Catharine Robinson. Michelle Sandoval and Freida Fenn were excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Fire Chief Mike Mingee, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA . Mr. Benskin requested that Item VI (F) Ordinance 2906, Bicycle Code Revision, be removed from the consent agenda. The item was placed under New Business. COMMENTS FROM THE PUBLIC (Consent and non-agenda items) There was no public comment. CONSENT AGENDA Motion: Mr. Kolff moved for adoption of the following items on the Consent Agenda. Mrs. Medlicott seconded. The motion carried unanimously, 5-0, by voice vote. Approval of Bills. Claims and Warrants Vouchers 720051 through 720058 in the amount of $78,635.27 Vouchers 94732 through 94778 in the amount of $48,972.69 Vouchers 94779 through 94803 in the amount of $3,053.28 Vouchers 94804 through 94828 in the amount of $3,975.40 Vouchers 94829 through 94949 in the amount of $352,002.91 Approval of Minutes: June 27, 2005; July 18, 2005; July 25, 2005 Resolution 05-030, authorizing City Manager to sign a grant agreement with the Washington State Transportation Improvement Board for the Discovery Road sidewalk, Sheridan Street to Sherman Street project, and to sign all necessary documents and contracts . for the design and construction of this project. City Council Business Meeting Page 1 August 1, 2005 . Ordinance 2905, amending Port Townsend Municipal Code Chapter 2.06, City Clerk to add Section 2.06.035 designating the City Clerk as Public Records Officer. Approval of proposed 2006 Fee Schedule for PTTV. Clarifying Cosgrove 1988 Street Vacation and authorizing City Manager to execute deed to full width of Cosgrove to Owners of Lots 5 and 6 (Mathias). Action to postpone Widmer/Great Western Street Vacation Hearing to August 22, 2005. PUBLIC HEARING ORDINANCE 2901 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, EXTENDING A MORATORIUM ON THE FILING OF APPLICATIONS FOR LICENSES, PERMITS AND APPROVALS FOR ADULT BUSINESSES Mayor Robinson reviewed the Council rules of procedure for public hearings. She asked if any Council members had any financial or property interest in the matter. There were none. . City Attorney John Watts reviewed the packet material. He explained that the Ordinance was adopted on June 20,2005 and prohibits applications for adult businesses pending Council action on regulations and zoning for adult businesses. State law requires Council to hold a public hearing within 60 days of Council adoption of an interim zoning regulation or moratorium. State law also requires Council to adopt findings in support of the moratorium unless findings have already been adopted; in this case the findings were adopted with passage of the ordinance. He explained that if the Council takes no action at this time, the result would be that the moratorium would continue in place until six months from June 20, 2005, unless Council adopts regulations earlier. Public comment . Amy Cordick stated that the closest adult retail stores on the Peninsula are in Silverdale or Port Angeles. She stated there seems to be a tendency for the public to panic that the town will turn into Sodom & Gomorrah if adult businesses are allowed. She stated that adult stores can be very subtle and cited the store in Port Angeles as an example. She said that regarding strip clubs, she believes that any businessperson looking at the marketplace would think it would not be viable and so those types of businesses would probably not be established even if they were allowed. Allowing adult businesses does not mean the town will be flooded with them. Port Townsend has a liberal nature and touts a liberal mentality so having a prohibition on adult businesses is hypocritical and people are getting a little too City Council Business Meeting Page 2 August 1, 2005 . excited about it. She asked that the Council end the moratorium and not pursue it indefinitely. She stated she knows many citizens who are in favor of allowing adult businesses and they would also bring revenue to the city. Mr. Watts explained that the Council has choices; establishing zoning regulations for adult businesses, not establishing zoning regulations, or zoning for some types which are not retail stores. These are the options that will be considered and he stated the issue should be decided within the next four months. He added that the Planning Commission has held two public hearings focusing on a potential location for the restricted zone; it is a legal principle that such businesses cannot be permanently banned. Due to other pressing issues, the Planning Commission will probably not have a recommendation back to the Council until October. Another public hearing will then take place before the City Council. Mrs. Medlicott asked for clarification that by not taking action, the Council is not extending the moratorium. Mr. Watts stated that is correct, the Council is simply complying with the legal requirement that a public hearing be held on the moratorium within a certain time frame. UNFINISHED BUSINESS ORDINANCE 2880 . AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADDING A NEW CHAPTER 10.46, MOTORIZED FOOT SCOOTERS TO THE PORT TOWNSEND MUNICIPAL CODE REGULATING THE OPERATION OF MOTORIZED FOOT SCOOTERS WITHIN THE CITY LIMITS, AND PROVIDING FOR ENFORCEMENT AUTHORITY AND PENALTIES City Attorney Watts reviewed the packet materials, noting that first reading on the ordinance took place November 1, 2004. The matter was referred to the Transportation Committee and Non-motorized Transportation Advisory Board. The version presented includes changes recommended by both groups. Mr. Kolff asked if bicycles are allowed on sidewalks other than those specified downtown streets. Mr. Watts stated that the ordinance prohibits operation on all sidewalks, and in that sense is broader than the bicycle ordinance. Mrs. Medlicott stated that she believes the regulations should be the same for all motorized foot scooters, whether they are electric, 4 stroke or 2 stroke. She stated since it is questionable whether any can be banned, she is not comfortable with differentiation. She added that it is ridiculous to allow a motorized bicycle in a bike lane but not a scooter. . City Council Business Meeting Page 3 August 1, 2005 . Mr. Kolff asked what other concerns were of the committee members. Mrs. Medlicott stated that noise was one factor. Mr. Watts noted that the letter from the Non-motorized Transportation Advisory Board provides some comment on the issue, basically that the noise and pollution from gas-powered vehicles are less compatible with bicycle lane uses. Mr. Masci stated the age limit should be lowered from age 16 to age 12. Ms. Robinson stated she believes that it is better to have non-motorized vehicles mixing with pedestrians on trails to avoid potential safety issues. Mr. Benskin suggested that bicycles should be banned as well. Motion: Mr. Benskin moved for adoption of Ordinance 2880 with an amendment to ban four stroke and two stroke motorized foot scooters within the city limits. Mr. Masci seconded. Mr. Kolff stated he would be concerned with an outright ban and suggested restricting them to streets with speed limits over 25 mph; he stated that removes them from residential streets but would stand up better under Constitutional scrutiny. Ms. Robinson asked how someone who lives on a street with a speed limit less than 25 mph would get to a street where they are allowed to ride. . Vote: motion failed, 3-2, by roll call vote, Kolff and Medlicott opposed [ordinance must have four votes to pass]. Motion: Mr. Kolff moved to refer the issue back to the Council Transportation Committee to see if they can suggest how to help protect users and others. Ms. Robinson seconded. Mrs. Medlicott stated the ordinance has already had enough scrutiny and that she will not change her mind on the issue because passing this ordinance would not be supportable in court because of the fact that some vehicles are banned from certain rights of way. Mr. Watts stated this was discussed extensively and that certain cities have banned gas-powered scooters is certain areas of their jurisdictions, which might be an option. Mr. Masci stated he might support remanding to committee if some of tonight's discussion can be taken into consideration; he stated there might be a legal way to segregate gas from electric-powered vehicle. Vote: motion carried, 3-2, by voice vote, Masci and Medlicott opposed. . City Council Business Meeting Page 4 August 1, 2005 NEW BUSINESS · CONSOLIDATED FIRE DEPARTMENT JOINT OPERATING BUDGET Chief Mike Mingee reviewed the packet materials, noting that the agreement discussions have expanded to reflect the proposed merger of Fire Districts #1 and #6. He stated that this consolidation would create two entities (District 1 and 6 and City) with similar size and budget. He stated that the proposed operating budget reflects all three entities; dealing with three budgets at one time is difficult both from an administrative and accounting perspective. The Joint Oversight Board has unanimously approved a joint operating fund, a concept that must ultimately be approved by the City Council. He added that the percentage of activity tracks with the percentage of funding per district. He stated that time is somewhat of the essence since District #1 is currently contracting with MEDIC 13, a duplication of what would be done in consolidation, but unless they are assured of the consolidation, they need to continue that contract to maintain an equal level of service. · Ms. Robinson asked if, in terms of the formula of participation by agencies, we were basing the percentage of money participation on the activity in each geographic area. Chief Mingee stated that it is actually based on revenues through levy; they took the growth of EMS levy in the City and increased the General Fund supplement based on that same growth and the forecast through the Assessor's office. Ms. Robinson stated that it appears that debt service remains with each individual existing geographic agency and asked about dedicated reserves. Chief Mingee stated that dedicated reserves aren't used in the joint operating fund, but remain separate until consolidation; all revenue created through levies is part of the joint operating fund. Ms. Robinson asked what portion of the levy from the two districts goes into the operating fund. Chief Mingee replied that it all went into the fund and some went out to maintain administrative operations. Ms. Robinson asked how, in the future, will allocations be determined - if one possible goal is an East Jefferson Fire District with its own levy without a General Fund subsidy; prior to that, what is the formula for participation based on. Chief Mingee noted that levies are set for EMS and Fire but the general fund supplement would fluctuate. He stated he took the growth forecast for the EMS levy at 3.4% and passed it on to last year's general fund supplement. · City Council Business Meeting Page 5 August 1, 2005 . Ms. Robinson stated this would mean that if things change in the Tri Area in terms of population, activity, etc., the general fund contribution would still be related to the EMS levy. She asked who would be in charge of accounting. Chief Mingee stated that one suggestion is a joint oversight board, possibly set up so that a majority of electeds would vote on expenditures over a certain level. Mr. Kolff asked when this might come back to the Council for adoption; Chief Mingee stated they would work with the City budget process. Mr. Timmons stated a set of reciprocal agreements need to be configured - so we are probably looking at a September/October time frame with districts looking at a vote in November. Chief Mingee stated that District #1 has to give notice to MEDIC 13 by October 1 as to whether they will dissolve the contract or continue on so it would be good to know before then. Mr. Timmons stated the staff could bring forward a resolution of intent. Motion: Mr. Masci moved to direct administrative staff to draft a resolution of intent to move forward with interlocal agreements which would establish an operational consolidation of Fire Districts 1 and 6 and the City of Port Townsend, with the establishment of a joint operating fund and joint budget oversight board. Mr. Kolff seconded. The motion carried unanimously, 5-0, by voice vote. . ORDINANCE 2906 AN ORDINANCE OF CITY OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE REPEALING, CHAPTER 10.32, BICYCLES, TO REPEAL SECTIONS 10.32.020, LICENSE - REQUIRED - TAG; 10.32.030, LICENSE -ISSUANCE - FEE - TERM; 10.32.040, LICENSE- TRANSFER; 10.32.080, LICENSE - ALTERATION OR DESTRUCTION PROHIBITED; 10.32.100, POSSESSION BY OTHER THAN LICENSED POSSESSOR; 10.32.110, POLICE DEPARTMENT DUTIES; AND 10.32.120, COLLECTED MONEYS DISPOSITION; AMENDING OTHER SECTIONS AND PROVIDING PENALTIES Mr. Benskin stated he does not want to discontinue licensing bicycles, as this is a great means of revenue to the City. He suggested raising the license fee to $5 each and to expand the ordinance to have language that regulates bicycles by the PTMC to conform to the same traffic laws as automobiles and provides that helmets are required and that there are fines and fees for violating traffic laws. He would not support passage. . Mr. Masci objected to the ordinance being on the consent agenda; he stated that since this came to the Council via Committee, the council should weigh in and return to the City Attorney. City Council Business Meeting Page 6 August 1, 2005 · Public comment None Mr. Kolff stated it would be appropriate to have the Non-Motorized Transportation Advisory Board look at the ordinance. Mr. Masci suggested changes to 10.32.60 (not referencing 46.64, but rewriting for special penalties for bicycles; fines are too high and should be half as much); 10.32.20, leave the licensing requirement; 10.32.30, change to $5 per license; 10.32.40 do not strike, the license shouldn't be transferable; change content of 10.32.80 to require helmets; in .090 leave "may" rather than changing to "shall"; do not strike .100 or we will encourage bicycle theft; do not strike .110; do not strike .120, and designate the money to fund the bicycle maps; remove entire penalty section. · Mr. Kolff said he agreed with most of Mr. Masci's recommendations, but also believes the Police Department should weigh in regarding the process, and how it would affect their workload. He added that he hated to see the funds earmarked, as they may be needed to pay for the cost of implementing the program. He is particularly supportive of the helmet requirement. He stated that 10.32.03 is outmoded and bicycles should not be allowed on any sidewalks in the downtown or commercial uptown areas; perhaps the Non-Motorized Transportation Advisory Board could define the area. Ms. Robinson asked if, regarding 32.020, there is any accountability such as a test demonstrating knowledge of the rules of the road - if so, we may need to produce a booklet with money from licenses for that and other education. Mrs. Medlicott stated that it was concluded in Committee that at the stipulated fees, it costs far more to administer the program than the revenue gained. She advocated making only laws that can be enforced. Mr. Masci suggested license renewals could be at a lower cost ($1 or $2.50) after the original license is purchase for $5.00. Mr. Kolff stated that the administration could look at other methods of getting the licensing accomplished that would not be so burdensome on the Police staff. Mr. Timmons stated that we need to decide whether the license requirement is based on residency. Council's consensus was that it would be based on City residency. · Motion: Mr. Masci moved to refer Ordinance 2906 to the Non-Motorized Transportation Advisory Board. Mr. Kolff seconded. The motion carried unanimously, 5-0, by voice vote. City Council Business Meeting Page 7 August 1, 2005 . . . CITY MANAGER'S REPORT Mr. Timmons reported on status of Skate Park, Fire Station, DSD Director search, Events Coordinator hire, and staff budget retreat. COMMENTS FROM COUNCIL Mrs. Medlicott stated she is not comfortable when ordinances appear on the agenda which have not been discussed previously by the Council. ADJOURN There being no further business, the meeting was adjourned at 8: 17 p.m. Attest: ~ CÞ{~ Pam Kolacy, CMC City Clerk City Council Business Meeting Page 8 August 1, 2005