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HomeMy WebLinkAbout012208CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF JANUARY 22, 2008 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the twenty- second day of January 2008 at 6:30 p.m. in the Port Townsend City Council Chambers of City Hall, Mayor Michelle Sandoval presiding. ROLL CALL Council members present at roll call were Brent Butler, David King, Laurie Medlicott, Catharine Robinson, George Randels, Michelle Sandoval and Mark Welch. Staff members present were City Manager David Timmons, City Attorney John Watts, Planning Director Rick Sepler, Public Works Director Ken Clow, Events Coordinator Carla Abrams, Police Chief Conner Daily, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mr. Butler suggested that some issues on the agenda be delayed to the next meeting to give the Council more time for review. Mayor Sandoval suggested that this be brought up when the items were introduced later in the meeting. She also suggested that the issue of lead-time for agenda packets be discussed under "Council Comments." Ms. Robinson asked that Item D (Statutory Street Vacations) be removed from the Consent Agenda. The item was added as "C" under "Unfinished Business." COMMENTS FROM THE PUBLIC {consent and non-agenda items) David McCulloch, member of the Port Townsend Bicycle Association, stated that the Upper Sims way striping project has compromised bicycle safety; he also noted that the Indian Point development project would impact intersections that are already dangerous for bicycles. He asked the Council to be vigilant in their awareness of bicycle lane issues on Sims Way. CONSENT AGENDA Motion. Ms. Medlicott moved for approval of the following items on the Consent Agenda. Mr. Butler seconded. The motion carried unanimously, 7-0, by voice vote. Approval of Bills, Claims and Warrants: City Council Business Meeting Page 1 January 21, 1008 Vouchers 103601 through 103756 in the amount of $499, 937.54 Vouchers 118081 through 118089 in the amount of $107, 029.96 Approval of Minutes: January 7, 2008 Resolution 08-002, authorizing the City Manager to execute a subscription agreement with eCityGov Alliance. AmeriCorps Library Reading Program Action: Move to authorize the City Manager to execute necessary documents (grant application and MOU) for an AmeriCorps position for the Library. UNFINISHED BUSINESS FERRY MITIGATION STRATEGIES Planning Director Rick Sepler reviewed the packet material, noting that the strategy was developed at the Council's January 13 retreat. Staff transcribed notes from the meeting and the document was presented to make sure Council is comfortable that all strategies have been correctly identified. Mr. King asked that the final document be a little less concise and more readable. He also asked the reference to the Hudson Point "ferry dock" be changed to the "long dock" at Hudson Point. Mr. Randels stated he had several minor changes; there was agreement that staff incorporate the list of non-substantive changes provided by Mr. Randels rather than dealing with each of them during the meeting. Mrs. Medlicott asked to incorporate a reference to the regional impact of the loss of ferry service. Consensus was that a sentence referring to regional impact could be added to the first paragraph. Public comment: David McCulloch asked that the Council include a request that the ferries be designed with bicycle-friendly features. He also noted that as a business owner, he is very concerned about having only one boat during the upcoming summer months. Staff was directed to post the ferry strategy document on the City web site when it is finalized. Motion: Mr Randels moved to revise the Ferry Mitigation Strategies consistent with guidance from the Council. Mr Welch seconded. Crty Council Business Meeting Page 2 January 22, 2008 In answer to a question from Mr. King, Mr. Sepler noted that the "baseline assumptions" document is adopted by reference and will be packaged with the ferry strategies document. Vote: the motion carried unanimously, 7-0, by voice vote. Mr. Timmons and Mrs. Medlicott will meet to discuss the Level of Service issue. ORDINANCE NO. 2952 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADOPTING A UNIFORM CODE ADMINISTRATION AND ENFORCEMENT CHAPTER FOR VIOLATIONS OF ORDINANCES AND CODES RELATING TO LAND USE; NUISANCE; BUSINESS LICENSE; PARKS; BUILDING CODE; AND SHORELINE MASTER PROGRAM AND ENGINEERING DESIGN STANDARDS, PROVIDING PENALTIES AND REMEDIES FOR FIRST VIOLATION, AND ADDING POLICY DIRECTION CONCERNING CODE ENFORCEMENT RESOLUTION 08-005 A RESOLUTION OF THE CITY COUNCIL OF PORT TOWNSEND, WASHINGTON, REPEALING RESOLUTION 01-049 City Attorney John Watts reviewed the packet material. He provided a handout with suggested "housekeeping" edits. He stated that the Council has discussed repealing Resolution 01-049 because it has created confusion among staff concerning code enforcement. He noted that suggested amendments had been received from a citizen, David Goldman. He stated that in his opinion the suggested changes are excessive and would create bad policy and extra work for staff, particularly the requirement that even de minimum violations be cited and then later reviewed and possibly retracted Mr. Timmons noted this is a complicated ordinance and that Council could schedule a workshop after the first reading if there are many questions outstanding after tonight's discussion. In answer to a question from Mr. Butler, Mr. Watts stated that the intention is that the Department Director with authority would be responsible for dealing with the violations subject to his/her department regulations. Mr. King noted that the definition of "repeat violator" should be clarified Public comment City Council Business Meeting Page 3 January 22, 2008 David Goldman thanked the CD/LU Committee for the opportunities for comment at their meetings. He reviewed his suggested changes to the ordinance. Joshua Bennun stated the regulations must be enforced if passed. Mr. Randels stated he has minor amendments to propose prior to consideration of adoption of the ordinance. Motion: Mr. Welch moved or first reading of Ordinance 2952, incorporating Mr. Watts's recommended housekeeping changes. Mrs. Medlicott seconded. Mr. King questioned whether the stop work order issuance should be discretionary, noting that is an instance where "shall" rather than "may" would be appropriate. Ms. Sandoval stated the City needs to look at rights of way uses in a global manner; the current ordinance is a tool but more work needs to be done on the bigger issues. Mr. Randels stated part of the thrust of the ordinance is to change the attitude in the community; if there is a code it should be enforced and enforcement of the code would be a deterrent to potential violators. He stated this sets the stage for staff to enforce fairly and rigorously. Mr. Butler stated that it would be wise to establish a baseline and he believes the proposed log of activities would be helpful in that respect. Mr. Welch stated this is a balanced ordinance, and supported the concept of the log. Ms. Robinson stated she believes the use of "shall" is appropriate for abatement restoration and stop work orders as these have the effect of preventing damage. She also believes "shall" is appropriate on the issuance of an emergency order. Mr. King stated he strongly supports the intent of the ordinance and feels we must concentrate on preventing damage. Vote: motion carried unanimously, 7-0, by voice vote. Motion: Ms. Robinson moved for adoption of Resolution 08-055. Mrs. Medlicott seconded. The motion carried unanimously, 7-0, by voice vote. RECESS Mayor Sandoval declared a recess at 8:00 p.m. for the purpose of a break. RECONVENE City Council Business Meelrng Page 4 January 22, 2008 The meeting was reconvened at 8:14 p.m. Concensus: Ordinance 2952 will be discussed in workshop session before proposed adoption. STATUTORY STREET VACATIONS: HUSSEY'S ADDITION AND MCKINLEY STREET (BETWEEN MADISON & QUINCY) Ms. Robinson requested that the Council divide action and take each issue separately. There were no objections. Mr. King disclosed that he is a friend of the Golts family and could abstain from voting on the McKinley Street vacation. Mrs. Medlicott disclosed that she is a friend of the Golts and has been an adjacent property owner to them. City Attorney Watts noted that these disclosures would not require either Councilor to recuse, and there were. no objections to them participating. City Attorney Watts reviewed the packet material regarding the McKinley vacation. Motion: Ms. Robinson moved to approve authorization for the City Manager to execute necessary documents to vacate the north one-half of McKinley subject to lot development being based on platted lines. Mr Randels seconded. There was no public comment. The motion carried, 6-7, Butler opposed. Motion: Mr Welch moved to approve authorization for the City Manager to execute necessary documents to vacate certain rights of way in Hussey's Addition consistent with the draft settlement. Mr Randels seconded. Ms. Robinson stated that her concern is the need for more north/south traffic corridors in the area as density and build-out increase. For this reason she believes it is premature to vacate these rights of way. Mr. Watts noted that the City has negotiated fora 60-foot right of way for 25th Street; if the City ended up in court to seek an easement right (if proposed vacations were not approved) the court might allow only an 18-foot right of way. In answer to Mr. King's questions, Mr. Watts stated that this settlement does not create a precedent. There was no public comment City Council Business Meeting Page 5 ./anuary 22, 2008 The motion carried, 6-7, by voice vote, Robinson opposed. NEW BUSINESS ORDINANCE 29&5 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PORT TOWNSEND MUNICIPAL CODE CHAPTER 3.37 POPE MARING BUILDING USE AND REGULATIONS AND CHARGES AND CHAPTER 3.38 CHETZEMOKA PARK FACILITY USE TO REMOVE FEES SECTIONS AND PROVIDE FOR FEES BY RESOLUTION, AND AMEND REGULATIONS Mr. Butler noted a general objection about the series of ordinances under new business. He stated he has not had time to read the Parks Functional Plan and has several general questions. Mr. King noted that the ordinances addressing fees require action that is simple and relatively uncomplicated. Ms. Robinson noted that the fee increases have been built into the 2008 budget. Mr. Timmons noted that the two ordinances regarding leash requirements and prohibition of camping have been brought forward as a result of discussions with staff based on looking at operations of the facilities as well as fees. Public Works Director Ken Clow reviewed the packet materials for Ordinance 2965 In response to Mr. King he noted that the results of the effects of the fee changes would be tracked to see how the higher fees affect the number of uses. Mr. Randels asked if there had been any effort to look at comparable rates. Mr. Clow noted that the market is probably higher in other areas. He noted that staff would like to save one day a weekend for the public to use Chetzemoka rather than crowding it with special events. Mr. Randels suggested this may have the effect of limiting supply and being able to charge more. Mr. Timmons stated this is also a conservation measure to reduce wear and tear on parks. Public comment: Barbara McColgan Pastore, Chair of the Park and Recreation Advisory Board, noted that the Board recommended fee increases in 2003. She supported establishing fees by resolution and added that it is still an excellent deal on rental rates but it is appropriate to keep the rates relatively low for the public. City Council Business Meeaing Page 6 January 72, 2008 Motion: Mr: Butler moved for first reading of Ordinance 2965. Mrs. Medlicott seconded. Ms. Robinson asked about the policies of other cities regarding serving alcohol in public venues. Mr. Watts stated he believes it is common to allow alcohol within certain parameters. Ms. Robinson noted her concern about how this policy might contribute to the overuse of alcohol and whether this is a good precedent to set in light of the substance abuse problems among the youth of the community. Mr. King noted that such a prohibition might have the opposite effect - if there are no opportunities for supervised drinking, it may lead to more clandestine opportunities forsubstance abuse. Motion for first reading carried unanimously, 7-0, by voice vote. ORDINANCE 2966 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING ORDINANCE 2902 ON POOL FEES, AND PROVIDING FOR FEES BY RESOLUTION Mr. Timmons reviewed the packet materials. Public comment Leslie Schumann, a member of the Swim Team Board of Directors, stated she agrees with a raise in fees but suggested if the fees will increase significantly, they be phased in. Mr. Clow noted there is an approximately 30% increase in the general entrance fee. For special groups such as swim teams, staff reviewed the cost of operating the pool on a "per hour" basis. The swim teams currently pay $8 per hour; it costs $25 per hour to have the doors open. He agreed that an incremental increase would be desirable. Mr. Timmons noted that he is currently planning to look at a gradual adjustment and will also consult with the Finance and Budget Committee prior to setting the rates for special groups. Mr. Randels asked for the rationale on the fee differential between residents and non-residents. Mr. Clow gave some history of the Council initiated action. Staff will provide more use data and provide the fee schedule for SARC (swimming and recreational facility in 5equim). City Council Business Meeting Page 7 January 22, 2008 Motion: Mr. Randels moved for first reading of Ordinance 2966. Mr King seconded. The motion carried unanimously, 7-0, by voice vote. ORDINANCE 2963 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PORT TOWNSEND MUNICIPAL CODE SECTION 8.04.160 -RUNNING AT LARGE PROHIBITED, TO PROVIDE A LEASH REQUIREMENT FOR ANIMALS AT CHETZEMOKA PARK City Manager Timmons reviewed the packet material. Public comment Jim Todd asked that the leash requirement be expanded to all City parks rather than being specific to Kah Tai. Barb McColgan Pastore, speaking as a private citizen noted that she believes the current ordinance is humane and enlightened and that the problem is that the current regulations are not being enforced; if park staff were able to give citations it would be helpful. She stated that this is a punitive rather than constructive ordinance and does not solve the problem of seeking compensation for damage. She encouraged the Council to try other avenues first, such as active enforcement of the current ordinance. A copy of her remarks was provided for the record. Brenda McMillan stated her grandson was badly bitten by a dog and is frightened of them; he is only taken to parks where dogs are prohibited. Motion: Mr. Welch moved for first reading of Ordinance 2963. Mr. King seconded. Mr. Butler noted it can be difficult to find a place to take a dog and let it run off leash; he asked if designating some parks as "off leash" has been considered. Mr. Timmons stated that the "off leash" concept was not incorporated into the Parks Functional Plan but that could be done in the update. Vote: the motion carried, 6-1, by voice vote, Butler opposed. ORDINANCE 2964 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE AND CREATING A NEW CHAPTER 11.02 PARKS CODE, AND NEW SECTIONS PROHIBITING CAMPING IN PARKS, AND PROVIDING DEFINITIONS AND PENALTY City Council Business A9eeting Page 8 January 22, 2008 City Manager Timmons reviewed the packet material Police Chief Conner Daily discussed the number of police calls to various parks, which result from people camping there. In answer to Mr. King's question, Mr. Timmons noted there are more spaces in homeless shelters now than the last time this ordinance was proposed; many of those who camp in the parks may not be willing to go to a shelter or might not be taken in for various reasons. Public comment Brenda McMillan stated that those in control come to the shelters; the people who camp in the parks are often veterans and mentally disturbed. She stated that arresting them won't help and that cleaning up the park is less expensive that jailing the campers. Ron Sikes spoke in support of the ordinance, noting there is a yearly increase in the number of camps in the parks. Rosemary Sikes spoke in support of the ordinance. Carol Yount stated that camping should not be allowed on any site that is not intended or prepared for camping. Barbara McColgan Pastore asked the Council to consider the idea of having parks closed at dusk or dark as an addition to the camping restriction. Rich Thomas stated he has been cleaning up Kah Tai park as a private citizen for 8 years and challenged all to come with him to see the inside of the park. Motion: Mr. Welch moved for first reading of Ordinance 2964. Mrs. Medlicott seconded. Mr. Randels spoke in favor of the ordinance, noting that the parks should be safe and attractive for citizens and families who want to visit them. Ms. Robinson noted that acting out of compassion in the moment does not always help the long-term problem; it may not be in their best interests of those sleeping in the parks to allow this situation to go on. Motion to amend: Mr. Butler moved to specify "Kah Tai" park rather than all City parks. Motion died for sack of a second. Vote on the main motion then carried, 6-1, Butler opposed City Council Business Meeting Page 9 January 33, 3008 Motion: Mr. Butler moved that the Council review records in the future to see if the ordinance has actually carried out its intended purpose. Ms. Sandoval seconded. Mr. King noted that the effects on both the people involved and the entire population should be included. Vote: motion carried, 6-7, Medlicott opposed. PRESIDING OFFICER'S REPORT Mayor Sandoval provided a list of assignments to outside boards and commissions with Council representatives. Mr. Randels moved to approve the following appointments subject to amendment at a later date. Mr. Welch seconded. The motion carried unanimously, 7-0, by voice vote. OUTSIDE BODIES WITH COUNCIL REPRESENTATIVES Lodging Tax Advisory Committee Peninsula Development Assoc. Board North Olympic RCDC Jeffco Board of Health Jeffco Dev. Disabilities Advisory Board Substance Abuse Advisory Board Jeffco Mental Health Tax Advisory Board Public Infrastructure Board WRIA 17 Planning Unit Clean Water District Funding Task Force Law & Justice Council Jeffco Community Network Jeffco/PT Regional Emergency Planning Committee Jeffco Ferry Advisory Board Jefferson Transit Peninsula Regional Trams[p Fort Worden Advisory Committee LEOFF Board Housing Action Plan Network Higher Education Coordination Joint Oversight Board (Fire Dept.) OIyCAP Board Climate Action Campaign Medlicott Medlicott Medlicott Sandoval Robinson Robinson Robinson Sandoval King Randels Medlicott Robinson Butler Sandoval Robinson, Randels Randels Randels Welch Butler Robinson, Welch Medlicott, Welch, King Randels Welch City Council Business Meeting Page 10 January 22, 2008 CITY MANAGER'S REPORT Mr. Timmons noted that home demolitions in the historic district have become a greater concern as some permits for demolishing structures are anticipated in the near future. He will prepare legislative options for the Council at a future meeting. COMMENTS FROM COUNCIL Mr. Butler suggested declaring a recognition month for volunteers. He also suggested that a discussion should be initiated about the timing of Council packets and when materials are provided to Councilors prior to the meetings. ADJOURN There being no further business, the meeting was adjourned at 10:49 p.m. Attest: ~~~ h~d~ Pam Kolacy, MMC City Clerk City Council Business Meeting Page 11 January 22, 2008