Loading...
HomeMy WebLinkAbout050106 CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF MAY 1, 2006 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this first day of April, 2006, at 6:30 p.m. in the Port Townsend temporary Council Chambers in the Port Townsend Fire Station conference room, Mayor Mark Welch presiding. ROLL CALL Council members present at roll call were Geoff Masci, Laurie Medlicott, Scott Walker and Mark Welch. Michelle Sandoval arrived at 6:34 p.m. Catharine Robinson arrived at 7:40 p.m. Frank Benskin was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Planning Director Rick Sepler, Police Chief Conner Daily, Fire Chief Mike Mingee, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mr. Walker requested that a discussion of the Washington State Ferries presentation on May 9 be added; item was placed under New Business, Item C. Mrs. Medlicott requested clarification on Unfinished Business Item A, Ordinance 2921, Repealing the Bicycle Helmet requirement. She stated she thought this should come forward as a motion for reconsideration and thus it would not be appropriate under Roberts Rules. Mr. Watts stated that if a legislative action is to be reconsidered during the same term of the legislative body, it is then considered a motion for reconsideration and Roberts Rules apply. If the item is considered in a different legislative term from the one in which it was originally adopted, then nothing in state law or Council rules of procedure prohibits the item from being brought forward as a business item. Mr. Masci stated he objects to the item as presented, as he does not feel that full process has been exercised. PUBLIC COMMENT (Consent and non-agenda items) Mike Belinski commented on use of force by the Port Townsend Police Department. City Council Business Meeting Page 1 May 1, 2006 Mr. Timmons noted that Mr. Belinski has raised a number of questions and issues and that he and Chief Daily are preparing a response and also plan to meet with him. CONSENT AGENDA Motion: Mr. Masci moved to approve the following items on the Consent Agenda. Ms. Sandoval seconded. Mr. Walker requested that Item C be removed from the Consent Agenda. Agreement was to place Kaase, Morton & Mayshark Street Vacation Amending Findings as the last item under Unfinished Business. Approval of the following Bills, Claims and Warrants Vouchers 97587 through 97869 in the amount of $478,265.51 Vouchers 420061 through 420069 in the amount of $98,089.14 Approval of Minutes for April 17, 2006 and April 20, 2006 Motion carried unanimously, 5-0, by voice vote. UNFINISHED BUSINESS ORDINANCE 2921 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING ORDINANCE 2906 AND PORT TOWNSEND MUNICIPAL CODE, SECTIONS 10.32.010 (DEFINITIONS), .130 (HELMET REQUIRED) AND .140 (PENALTY AND ENFORCEMENT) City Attorney John Watts reviewed the packet material, noting that the Council voted to schedule revisiting the bicycle helmet requirement ordinance, at the "in box" workshop meeting on April 20. Public Comment Donald Haviland: spoke in support of repeal. Peter Lauritzen: referred to a memo he distributed to the council several days ago, spoke in support of repeal. Dorn Campbell: spoke in favor of retaining the ordinance. Phil Dinsmore: spoke in favor of repeal. Motion: Mr. Walker moved for first reading of Ordinance 2921. Ms. Sandoval seconded. City Council Business Meeting Page 2 May 1, 2006 Ms. Sandoval noted that in addition to adopting this ordinance, she would like to continue the discussion about educating and informing the public. Mr. Welch spoke in favor of repeal, but noted that bicycle safety is largely dependent on how bicycles interact with cars and what speed limits are in place. He also spoke in favor of a safety program and stated he would be willing to vote for reconsideration at some point if an effective safety plan and program emerge out of this discussion. Mrs. Medlicott commended the Police and Fire Departments for actively promoting bicycle safety, noting that this was the intent of the 18-month education period in the original ordinance prior to enforcement. Mr. Walker stated that what reduces injuries from bicycle riding is better roads and education for riders and drivers; he stated he would be willing to revisit an ordinance after the education safety program has been effective. Mr. Masci spoke against repeal, citing public heath issues and the seriousness of brain injury. Vote: motion carried, 3-2, Masci and Medlicott opposed. RESOLUTION 06-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, CONCERNING COUNCIL PRIORITIES City Manager Timmons reviewed the packet materials, and stated that adoption of the resolution would confirm Council priorities which have been assigned by the Council at a series of prior meetings. There was no public comment. Motion: Mr. Masci moved for adoption of Resolution 06-013. Mr. Walker seconded. The motion carried unanimously, 5-0, by voice vote. Catharine Robinson arrived at 7:40 p.m. Motion: Mr. Masci moved to task the CD/LU Committee to work on the following items, and when appropriate, working concurrently as necessary with the Planning Commission: impact fees, height and grade, sign code, tear downs in the Historic District, and village rezones. Ms. Sandoval seconded. The motion carried unanimously, 5-0, by voice vote. Discussion ensued about assigning prioritized tasks to Committees and to the Council as a whole. City Council Business Meeting Page 3 May 1, 2006 RECESS Mayor Welch declared a recess at 8:00 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:15. Motion: Mr. Masci moved the following as discussed previously: "2006 Commitments" to be assigned to the full Council; "2006 Start Ups: as follows: Police Station Relocation: Public Safety Sewer Expansion/Upper Sims Way: Public Works Discovery Road: Transportation Street Upgrades: Public Works Storm Water Upgrades: Public Works Water System Upgrades: Public Works Secondary Disinfection: Public works Downtown Streetscape Phase 2: CD/LU Uptown Streetscape: CD/LU Sewer upgrades: Public Works Library Renovation: CD/LU Public Works Relocation: PW "2005 Carryover" will be assigned to appropriate committees by the Council; "2006 Initiatives" as follows: Upper Sims Way to full Council; Annual Budget Development 2007 to Finance; Transportation Plan to Transportation; Housing Needs Assessment to CD/LU; Remaining Items in Exhibit "B" as follows: Infrastructure Policies: PW (in addition to CD/LU) Impact Fees: Finance (in addition to CD/LU) Height and Grade: PW (and CD/LU) WSF Terminal: Council Revenue Sharing: Finance SAMSHA Grant: Public Safety ROW Purchase re NMTAB: Transportation Public Recycling Facility: PW Village rezones: CD/LU Teardowns in Historic District: PW (and CD/LU) Parking Plan: Transp Woodstove Smoke Control: CD/LU City Council Business Meeting Page 4 May 1, 2006 School Support: Council Taylor Street Woonerf: Transportation and CD/LU Cottage Housing: CD/LU Motion: Mr. Welch moved for the following regarding initiatives already underway. Ms. Sandoval seconded. "Steve Corra" Park: CD/LU Bike Safety Education Program: Transportation Permit Tracking System: Administration Grant Opportunities: Administration IT and Communications Network: Administration Motion carried unanimously, 6-0, by voice vote. COMMUNITY DEVELOPMENT & LAND USE COMMITTEE RECOMMENDATION (CITIZEN/STAKEHOLDER COMMITTEE TO REVIEW SIGN CODE) Mr. Timmons reviewed the packet material, noting this is a recommendation from the CDILU Committee in response to assignment from the Council. There was no public comment. Motion: Mrs. Medlicott moved to approve the recommendation of the Community Development and Land use Committee and appoint a Sign Code Review Committee of five stakeholders, representing downtown, uptown, Fountain District, Upper Sims, and Kearney to Safeway/Boat Haven area, plus one representative each from HPC and Planning Commission, and two citizens at large. A CD/LU Committee member will sit in as ex-officio liaison (Sandoval) who will report to Mayor and Council. Mr. Masci seconded. The motion carried unanimously, 6-0, by voice vote. RESOLUTION 06-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO SELECT A QUALIFIED DESIGN CONSULTANT AND ENTER INTO A PROFESSIONAL SERVICES AGREEMENT FOR PHASE I UPPER SIMS WAY STRATEGY AND IMPLEMENTATION City Manager Timmons explained that the first phase of the project is to get someone on board for technical assistance. He explained the need to look at this as a policy initiative and determine what policies have already been set through the Comprehensive Plan and other governing documents. Planning Director Rick Sepler pointed out that the scope of work inadvertently refers to a review by the Transportation Committee and noted that this should indicate (as City Council Business Meeting Page 5 May 1, 2006 does the flow chart) that the review would be done by the entire Council. Ms. Robinson pointed out another change on page 2, (3.0) in the second line where the text refers to "park property" and should say, "subject properties." In response to questions, Mr. Sepler indicated that in terms of hiring an "ongoing" consulting firm rather than an employee, the City is looking for services which can be available "on call" and that it would be very difficult to find one person with the combination and level of expertise needed to successfully complete the project. There was no public comment. Mr. Masci proposed that an ad hoc committee of Council members be formed to assist the City Manager in the review of proposals and selection of the firm; the committee would offer advice but have no veto power of the Manager's choice. Ms. Robinson expressed concern that this might end up politicizing the process; she would prefer not to have Council involvement, even though it is advisory, for a task for which the City has hired administrators to do. She stated the Council can give guidelines and policy direction but is concerned about involvement in technicalities. Mr. Timmons asked that the involvement of Council members be contingent upon them putting their views about the applicants in writing for future reference. Motion: Ms. Sandoval moved for approval of Resolution 06-010 with changes to the scope of work (review by Council, not Transportation Committee and change from "parks property" to "subject properties" and to add that an ad hoc task force of Council members will be appointed to join the staff in the selection process. Mr. Welch seconded. The motion carried, 5-1, Robinson opposed. REVISION TO COUNCIL RULES ESTABLISHING COMMITTEE MISSION STATEMENTS City Manager Timmons reviewed the packet material, noting this accomplishes the "clean up" work to make Committee mission statements consistent, as requested by the Council. There was no public comment Mr. Walker suggested a change to the Public Works Committee Mission Statement, so the end of the sentence in the first paragraph reads, "issues tasked by the Council regarding utilities, Public Works planning and development guidelines, standards, regulations, and Publis Werl'.s policies. Motion: Mr. Masci moved to approve the amendments to "Exhibit E" of the City Council Rules of Procedure. Ms. Sandoval seconded. The motion carried unanimously, 6-0, by voice vote. City Council Business Meeting Page 6 May 1, 2006 KAASE, MORTON & MA YSHARK STREET VACATION - AMENDING FINDINGS (removed from Consent Agenda) Mr. Walker stated that he believes adopting the amended findings would result in a de facto gift to parties who are choosing not to purchase the vacated property. He suggested the land could be used for a pocket park, for example. Motion: Mrs. Medlicott moved to remand the findings back to administration for reconsideration and review. Mr. Masci seconded. The motion carried unanimously, 6-0, by voice vote. NEW BUSINESS RESOLUTION 06-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, CONFIRMING ITS INTENTION TO FURTHER JOINT FIRE SERVICE OPERATIONS WITH JEFFERSON COUNTY FIRE PROTECTION DISTRICT NO.1, AND DIRECTING THE CITY MANAGER, IN CONSULTATION WITH THE FIRE CHIEF, TO NEGOTIATE MUTUALLY AGREEABLE AGREEMENTS, FOR COUNCIL REVIEW AND APPROVAL, FOR FURTHER CONSOLIDATION Fire Chief Mike Mingee presented the Fire Department's annual report. He then reviewed the content of the resolution. There was no public comment. Ms. Sandoval expressed concern about the commitment of a portion of the 1 % property tax increase to the fire service, noting that the Council has not always been willing to raise the taxes within the legal limit. She asked what the City's liability would be if the district raised 1 % and the City did not. Motion: Mrs. Medlicott moved for approval of Resolution 06-011. Mr. Masci seconded. Ms. Sandoval stated she would agree to first touch on the matter, but will not support it without the information requested regarding the 1 % tax commitment. Chief Mingee stated he has the interlocal agreement in his office and offered to provide the information later in the evening. Motion: Mr. Masci moved to table the motion until the information is provided. Mr. Walker seconded. The motion carried unanimously, 6-0, by voice vote. USDA GRANT APPLICATIONS FOR POLICE EQUIPMENT City Council Business Meeting Page 7 May 1, 2006 City Manager Timmons reviewed the packet material regarding authorization of submission of two USDA Rural Development Grant applications (1) to purchase a new police car and (2) to equip the police car fleet with in-car video systems that record traffic stops or activity near a police vehicle. The grant requires authorization from the governing body prior to the grant request being submitted. If grants are awarded, the Council would be asked to approve acceptance at that time. Public comment: David Goldman spoke in favor of the grant applications but noted that the City should not depend on Federal grants given the state of the national government's finances. Motion: Mr. Masci moved to approve the recommendation of the Public Safety Committee to apply for USDA grants for police equipment. Mr. Welch seconded. In response to questions from Ms. Robinson, Mr. Timmons confirmed that the matching funds would be appropriated from the 2006 budget and the source of the supplemental budget funding would be the Equipment Rental Fund. Vote: the motion carried unanimously, 6-0, by voice vote. At this time, Chief Mingee returned and distributed copies of the relevant portion of the Interlocal Agreement regarding consolidation of fire services. Motion: Mr. Masci moved to remove the prior motion regarding the Fire Service Consolidation from the table. Mrs. Medlicott seconded. The motion carried unanimously, 6-0, by voice vote. Mr. Watts answered a series of questions, confirming that both the fire district and the city must approve a 1 % increase in property taxes in order for the City to have to contribute their pro-rated share; he also confirmed that if both entities raise the tax, the City is obligated to contribute their pro-rated share. Vote on adoption of Resolution 06-011 carried unanimously, 6-0, by voice vote. WASHINGTON STATE FERRIES PUBLIC FORUM Planning Director Sepler presented background and history on the planning process for Washington State Ferries. He noted that the WSF Traffic Discipline Team has been working with staff for six months and during that time staff's confidence in the model has increased. Another division, the Long Term Planning Group, will be holding an open house for the public on May 9 to present and discuss general long term ferry prospects. The Traffic team will be conducting a workshop with the Council, tentatively scheduled for Monday, May 22. Mr. Timmons noted it would be premature to present a position on behalf of the Council to WSF representatives until more facts have been gathered. City Council Business Meeting Page 8 May 1, 2006 Consensus to schedule workshop with WSF on May 22. PRESIDING OFFICER'S REPORT Advisory Board Appointments Motion: Mr. Masci moved to accept the Mayor's recommendation and confirm the following appointments. Ms. Sandoval seconded. The motion carried unanimously, 6-0, by voice vote. Arts Commission Nancy Newman (position 4, term expires May 1, 2009) Frank Vane (position 6, term expires May 1,2009) Historic Preservation Committee Richard Berg (position 5, term expires May 1,2009) Non-Motorized Transportation Advisory Board Jane Whicher (position 4, term expires May 1, 2009) Peter Lauritzen (position 5, term expires May 1, 2009) Chris Jones (position 8, term expires May 1, 2009) Transportation Advisory Board Tim Caldwell (position 1, term expires May 1, 2009) Tree Committee George Bush (position 3, term expires May 1,2009) Robert Schramek (position 4, term expires May 1, 2009) RESOLUTION 06-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AMENDING RESOLUTION 04-009, RELATING TO NONVOTING POSITIONS ON THE LODGING TAX ADVISORY COMMITTEE Motion: Mr. Masci moved for adoption of Resolution 06-012 and to accept the Mayor's recommendation and confirm the following appointments to the Lodging Tax Advisory Committee. Mrs. Medlicott seconded. Tim StoverNictorian Festival (Recipient- Position 5), Term expires May 1,2009 Sue Mcintire, Jeff. Co. Fair (Collector- Position 10), Term expires May 1, 2009 John Eissinger- (Collector- Position 11), Term expires May 1,2009 Main Street - (Nonvoting - Position 12), Term expires May 1, 2009 Chamber- (Nonvoting - Position 13), Term expires May 1,2008 There was no public comment. City Council Business Meeting Page 9 May 1, 2006 Vote: the motion carried unanimously, 6-0, by voice vote. CITY MANAGER'S REPORT Consensus: Move Transportation Plan Schedule to next meeting. Mr. Timmons also reported on stormwater manual review progress, Shoreline Plan, Rhody week and the Dream City Playground design charrette. ADJOURN There being no further business, the meeting was adjourned at 10:48 p.m. Attest: ~~.~~ City Clerk City Council Business Meeting Page 10 May 1, 2006