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HomeMy WebLinkAbout11072005 . CITY OF P RT TOWNSEND CITY COUNCIL MINUTES OF THE REGULA SESSION OF NOVEMBER 7, 2005 ! CALL TO ORDER ANq PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this seventh day of November 2005, at 6:30 p.m. i~ the Port Townsend temporary Council Chambers in the Cedar Room of the I/Ifaterman & Katz Building, Deputy Mayor Michelle Sandoval presiding. RoLL CALL Council members present at roll call were Frank Benskin, Freida Fenn, Geoff Masci, Laurie Medlicott, and Michelle ~andoval. Catharine Robinson was excused. Kees Kolff arrived at 6:35 ~.m. Staff members present were City Manager David Timmons, City Attorney John Watts, Planner John McDonagh, Pub~ic Works Director Ken Clow, Police Chief Conner Daily, and City Clerk Pam Kol~cy. CHANGES to THE AGENDA . Mr. Benskin requested removal of the! October 12 minutes from the consent agenda to New Business. i PROqLAMATION Deputy Mayor Sandoval read a procl~mation in honor of Adult Literacy Week. Merrill Johnson and Evelyn Livingston were present to accept the proclamation. CONS~NT AGENDA Motion: Mr. Masci moved for adoPtl~n of the following items on the consent agenda. Ms. Fenn seconded. The otion carried unanimously, 6-0, by voice vote. ! i A roval of Bills Claims and Warrant Vouchers 95725 through 9563 in the amount of $2,702.02 Vouchers 95766 through 9600~ in the amount of $449,588.20 Vouchers 1020051 through 1 0?0059 in the amount of $91 ,056.39 Vouchers 1104051 through 11 p4059 in the amount of $92,275.54 Approval of Minutes: October 17, 2005 . City Council Business Meeting fage 1 November 7, 2005 . C. Resolution 05-043, fixing the ti e for hearing on a petition for a street vacation. Action: Motion to approve Re olution 05-043, fixing hearing date of December 19, 2005 for a stree vacation application proposal which would vacate a portion of 21st Street !between Hill and Jackman Streets. UNFINISJ1IED BUSINESS RESOLWTION 05-044 RESOLUTION OF THE CITY COUNlclL OF THE CITY OF PORT TOWNSEND GRANTING FINAL PLANNED UNIT DEVELOPMENT AND BINDING SITE PLAN APPROVAL FOR THE MOUNfrAIN WEST SENIOR HOUSING FACILITY Planner John McDonagh reviewed the packet materials, noting that the action before Council is to give final approv~1 to the Seaport Landing planned unit development (PUD) and to accept th$ proposed % acre park dedication. Public comment . Ande Grahn, Olympic Peninsula Plarining on behalf of applicant stated that the creation of a passive park with the d~dication of property creates a buffer between the neighborhood and the large building. The Parks and Recreation Advisory Committee felt the propertyldedication was consistent with the Parks Functional Plan and felt that area of ~own does not have much area dedicated to parks and so could benefit from this ~ed;cat;on. Ben Settacase, project manager, stated that the grand opening is scheduled for January or February. Mrs. Medlicott praised the project an\:! asked whether property donated to the City for a passive park would be rempved from the tax rolls. Mr. Timmons confirmed that it would. Mrs. Medlicott asked why the City wquld want to have another unfunded park when we can't pay for the parks we tjlave. She also questioned whether the City would then take on liability for the park. . Mr. Watts stated that the Council shliluld consider whether or not acceptance of the property is in the best interest of!the City. It would give the City full control to make sure it stays open space; if it r~mains a private conservation easement, the assessor will take that into account "yhen assessing the property; this would result in reduced value although it would remain on the tax rolls. Mr. Timmons stated that acceptancE! of the park would not mean the city pays more for their liability premium, but t~at the City would be liable for incidents that occurred on the property. City Council Business Meeting Page 2 November 7, 2005 . i , Mr. Masci asked for clarification on d~'tails of the trees (developer hired arborist to identify hazardous trees, which ha e been cut); detention pond (not part of the dedication and designed prior to the ity doing low impact development workshops); whether the City could eventually surplus the property (would not be consistent with Hearing Examiner's d,cision but City could turn over to Land Trust or other entity for maintenance.) Ms. Sandoval asked if the Council mClY accept the park with the conditions recommended by the Parks and Recr~ation (mulching and benches) as part of this process. Mr. Watts stated a separate motion could be proposed to direct staff to come back with a plan to fulf;l~ those recommendations. , I Ms. Sandoval asked whether the cou~cil could ask the developer to fund these improvements. Mr. Watts stated thatjunless they are prepared to accept those conditions tonight, the matter would nleed to be postponed. Motion: Mr. Masci moved for adoptiqn of Resolution 05-044 with the addition in item 3 of the recommendations of thei Parks and Recreation Advisory Board dated October 14 (mulching and chipping and addition of park benches.) Mr. Kolff seconded. . . Mr. Masci spoke in favor, stating the park will soften the effect of the largest building in town and will add a park tcj a neighborhood that needs one. Ms. Fenn spoke in favor, stating she ~ppreciates the integral nature of how the preserved land will function between the neighborhood and the building. She added that if the City can't afford to develop the park, at some point the neighbors may engage with the Park~ Committee to help this happen, perhaps through the Adopt A Park program. this may be one of few opportunities the City will have to cooperate with develppers in the West end for property dedications in an area where parks are needed. Mrs. Medlicott spoke in opposition, s~ting she can't in good faith justify not fixing the streets while taking a piece of lanp, however small, off the tax rolls. Ms. Sandoval spoke in favor, adding Ishe would like to ask whether the developers are willing to take on the (nulching and chipping and provide the benches recommended by the Parks! Committee. Mr. Masci stated that if the City choo~es not to take the offer at this time it is unlikely that the developer would be open to offering it again at a later date. Ms. Sandoval offered a friendly ame~dment for Council to ask whether or not the applicant is willing to undertake the n[1ulching. . City Council Business Meeting Page 3 November 7, 2005 . Mrs. Medlicott raised a point of order, noting it is not in order for the developer to speak at this point. I , Mr. Watts stated it is unusual but not il'mproper, if the applicant wishes to speak to the issue. , ! Mr. Settacase stated that the applicarlt has intended to remove the deadwood from the trees on the site and believe~ it would be a benefit to the property to chip and mulch and the developer will be willing to spread that through the trail. , Vote: motion carried, 5-1, by voice vpte, Med/icott opposed. Mrs. Medlicott stated her objection to lengaging the applicant during the second part of the process. ! Cell Phqne Legislation Mr. Watts reviewed the packet materilals, which contain two possible versions of a letter which the Council could apprqve to be sent to state and federal officials under the Mayor's signature. He not~d the Council has received recommendations from both the NoniMotorized Transportation Advisory Committee and the General Govern~ent Committee and these have been forwarded to the Council. ' . Mr. Masci stated that the consensus of the General Government Committee was to support the letter asking for a ban pn cell phone use (Letter 1). There was no public comment. Mr. Kolff asked whether there was di$cussion about hand held cell phones versus other types of cell phones. fvlr. Masci stated the discussion did take place and the concensus was that alii types of these devices are dangerous to use while operating a vehicle. Motion: Ms. Fenn moved to authori;'e the Mayor to send a letter to state and congressional representatives suppo ing cell phone legislation (Letter Version #1. ) Mr. Masci seconded. The moti n carried unanimously, 6-0, by voice vote. Mr. Benskin urged that the City start Its own process of designing legislation as quickly as possible. . Discussion ensued regarding Council current work plan and priorities versus perceived life-safety issue of banning cell phones while operating vehicles within the City limits. I Ms. Sandoval suggested contacting the County about County-wide legislation. City Council Business Meeting Page 4 November 7, 2005 . I Motion: Mr. Benskin moved to directfr. Watts to provide current state legislation language to the General G vernment Committee for review and recommendation on possible adoptio as a City ordinance. Mr. Masci seconded. The motion carried unanimously, 6-0, !by voice vote. RECESS Deputy Mayor Sandoval declared a r~cess at 7:40 p.m. for the purpose of a break. ' REcjONVENE The meeting was reconvened at 7:50 Ip.m. ORDINANCE 2906 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAU CODE REPEALING CHAPTER 10.32 BlfYCLES , Mr. Watts reviewed the packet materi~l, noting there are several options for the Council to consider in crafting potenti~llegislation. , . In response to Mr. Benskin, Mr. Watt~ stated that an "unscheduled infraction" is an infraction that is not part of the sta~e bail schedule and which would then be covered by the City's own schedule. 'Helmet violations are not covered by the state schedule. Public Comment: . Jane Whicher on behalf of the Non Mptorized Transportation Advisory Board, stated the NMTAB did not have the cLjrrent draft before them during their discussions. She stated the option of non-mandatory licenses was not considered because it was not an optipn presented, but she believes that, based on the discussion they did have, this ~ection would draw no objection from the Board. She noted that the Board rai~ed several questions about the enforcement provisions particularly a~ainst children. She stated that the City should encourage bicycling and this '^1ou1d have the opposite effect. She noted that the fines reviewed by the Board ~ere considerably higher than the level of fees presented tonight; this level is m~re reasonable but the Board believes Police encounters should not be punitive. She said the Board seriously questions how to enforce rules of the toad against children who are too young to know those rules in a reasonable wayi Regarding helmets, the Board supports wearing helmets individually and as a IBoard but all bicyclists will not wear helmets on every trip; they would like lo see the City undertake an educational effort before requiring helmets. She also referred to the City of Spokane's helmet I City Council Business Meeting I fage 5 I ! November 7, 2005 . law, noting that the law requires that ~ parent be with the child if the parent is to be cited for the child's infraction. Sh~ again encouraged the City and Police Department to have an education can[1paign, especially in the schools, for bicycle safety. . David McCulloch, stated he has beenla bicycle and pedestrian advocate for many years and urged care before pa~sing legislation without considering the unforeseen ramifications of that legisl~tion. He said that when Australia passed a helmet law, bicycle use went down. I He stated he wears a helmet all the time but unless the user really understand~ why they need a helmet or need to follow the rules, the rules are hollow. He w<l>uld like to see the City spend more time with education and more enforcemenl of bicycle infractions in the $27 range. He asked what is the intent of licensing bicycles, whether it is for recovery and assistance in returning bicycles. He ~sked what the cost would be to enforce this and noted that the currently issue~ decals peel off very easily. He stated a form should request information such ias frame numbers and that in most places bicycle licensing is a losing propositior financially. He also spoke in favor of intensive public education. . Owen Fairbank, member of NMTAB, Iconcurred with previous speakers and added that there may be many tourist~ on bicycles who are not aware of the regulations. He does not believe hel~ets should be mandated. . Lewis Stock stated this is a wonderfuli bicycle friendly town, with bike trails and lanes that are a great asset and courtl'lOUS drivers. He added that the state rules of the road already apply to bicycles ~nd additional regulations are not needed. He said a good percentage of riders vyear helmets but sometimes a person riding only two or three blocks will not wear ~ helmet and should not be criminalized. He also noted that many bicycle touri$ts may arrive by ferry and be greeted by I the police if they are not wearing helmets. In regard to licensing, administrative costs seem to exceed the fees and if fees are set that would cover administrative costs it might be prohibitive for a familY with many bicycles. He suggested a voluntary registration system so that ~ list can be maintained for the return of lost or stolen bicycles. Things seem to be working fine now and "if it ain't broke, don't fix it." Mr. Watts stated he believes the poliqe will be cautious about issuing citations immediately and will begin with issuinp warnings. They see the initial contact as educational rather than citational. I , Motion: Mr. Masci moved to approv~ first reading of Ordinance 2906, including Option 8 (policy section). Mr. Kolff s,conded. . Motion to amend: Ms. Fenn moved to add option 3, with optional licensing requirements with a minimum $5 lice~sing fee per individual or family. Mr. Kolff seconded. Motion carried unanimou~/y, 6-0, by voice vote. City Council Business Meeting I iPage 6 November 7, 2005 . I ! I ! Motion to amend: Mr. Benskin movefJ to adopt option 4, adding helmet requirement for bicycles only. Mr. Ma~ci seconded. I Ms. Fenn stated she would oppose b$cause she believes the requirement should include other recreation vehicles. ' Mr. Masci spoke in support of manda~ory helmet requirements. Mr. Kolff stated he agrees that helme~s should be worn but has concerns about making this mandatory before knowin~ how it will be enforced, what the penalties will be, and how the educational outrE1ach will be implemented. Mr. Masci stated mandatory legislatio~ gives the Police an opportunity to warn and educate. Mrs. Medlicott asked if there are currelntly pamphlets about bicycle safety available to the public. Mr. TimmonJ replied there are. Mrs. Medlicott spoke in support of mandatory helmets. I I , I Mr. Kolff noted there is already a cou~ty-wide free helmet program. . Ms. Sandoval stated she would rathe~ have implementation delayed until after educational efforts. Vote: motion carried, 5-1, by voice vote, Sandoval opposed. Motion to amend: Mr. Benskin movef;l to include option 5 (helmet requirements for bicycles and other recreational veMcles and horse riders.) Mrs. Medlicott seconded. . Vote: motion carried, 4-2, by voice vdte, Masci and Sandoval opposed. Motion to amend: Mrs. Medlicott moiled to delete horse riders from the mandatory helmet requirement. Mr. Masci seconded. Ms. Fenn noted there are businesseslwithin the City limits that teach riding and so there are more people riding hors~s within the City than might be immediately assumed. Vote: motion failed, 2-4, by voice votlil, Masci and Medlicott in favor. Motion to amend: Mr. Benskin movef;l to add option 7, penalty and enforcement section. Ms. Fenn seconded. MotiorJ carried unanimously, 6-0, by voice vote. . City Council Business Meeting , , I ~age 7 , November 7, 2005 . i Motion to amend: Ms. Fenn moved tL add option 6 (impound section). Mr. Kolff seconded. Motion carried unanimOur/y, 6-0, by voice vote. Motion to amend: Mr. Masci moved to add language stating that police and city staff shall develop an education progrpm in coordination with the schools. Mrs. Medlicott seconded. Motion carried, 6-0, by voice vote. Ms. Sandoval stated the City newsletter should be another means of education. Motion to amend: Mr. Masci moved ~hat fees collected other than court fees under this ordinance be allocated to the bicycle map program and other bicycle education programs of the City. MrSL Medlicott seconded. Motion to amend amendment: Mr. Kd,lff moved that the Non-Motorized Transportation Advisory Board direct ~se the money either for maps or some other educational effort. Ms. Fenn sftconded. Mr. Benskin stated he believes the mq>ney should stay with the City for allocation. Ms. Sandoval asked about how accoynting for the funds would be done. , Vote: (NMTAB uses funds for maps Jnd other programs) failed on 3-3 tie, Masci, Medlicott and Benskin opposed. . . Vote: (special fund for bicycle educatipn administered by City) carried unanimously, 6-0, by voice vote. Motion to amend: Ms. Fenn moved that enforcement of the helmet law begin on July 1, 2006. Mrs, Medlicott seconded. Mr. Benskin spoke in opposition, stati~g that the holidays would be a good time for children to receive helmets. Mr. Masci added that the enforcement is discretionary to police officers anyway. Motion withdrawn. Vote on main motion as amended carred unanimously, 6-0, by voice vote. October 12 Minutes Mr. Benskin requested that a more complete summary of the discussion concerning his and Mr. Masci's exit frqm the October 12 meeting be added to the October 12 minutes. A revised draft Will be considered at the next regular business meeting. . City Council Business Meeting I i i f'age 8 November 7, 2005 I CITY MAN GER'S REPORT . The General Government contract ha been approved by the membership and will come before Council in Decembe . Fire Union negotiations have stalled sp current City Fire employees will probably remain with the City through 2006. ' City Hall project is moving along well. I , Talks with County Administrator are s~heduled regarding joint services contracts. STANDING COtlllMITTEE REPORTS Transport..tion Committee Ms. Sandoval noted that the Committ~e has recommended that Council set a workshop to discuss the Upper Sims 'flay and Howard Street Transportation Improvement Project. Mr. Timmons ~uggested mid-January and added that a request from the Ferry Service has be~n received to begin discussions about overall traffic impacts on the Sims War Corridor. This can be incorporated into the workshop. , . General Govejrnment Committee i Motion: Mr. Benskin moved to appoW Laurie Medlicott as the Council's representative to JPREP. Mr. Masci ~econded. Motion carried unanimously, 6-0, by voice vote. Motion: Mr. Kolff moved that the Gen$ral Government Committee be tasked to explore ENS systems and to report bc),ck to Council subsequent to the community disaster forum. Mrs. Medlicott seconrlJed. Motion carried 6-0, by voice vote. , Ms. Sandoval noted that CDILU has discussed funding for a local artist to add an artistic element to the skate park. AD~OURN I There being no further business, the 1eeting was adjourned at 9:32 p.m. . O~7( Pam Kolacy, CM~ City Clerk City Council Business Meeting I I ~age 9 i ! November 7, 2005