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HomeMy WebLinkAbout090208CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF SEPTEMBER 2, 2008 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the second day of September 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, George Randels, Catharine Robinson, Michelle Sandoval and Mark Welch. Staff members present were City Manager David Timmons, City Attorney John Watts, City Engineer Dave Peterson, Finance Director Michael Legarsky, Police Chief Conner Daily, Police Sergeant Ed Green, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA City Manager David Timmons noted he had provided a corrected Resolution 08-034 for tonight's meeting. The item is on the consent agenda and the changes regard consistency of language rather than the substance of the resolution. Consensus was to accept this substituted Resolution as Consent Agenda Item C. PROCLAMATION Mayor Sandoval read a proclamation designating September 2008 as National Alcohol and Drug Addiction Recovery Month. Chief Daily accepted the proclamation on behalf of several agencies. COMMENTS FROM THE PUBLIC (consent and non-agenda items) Bernie Arthur spoke regarding the tree ordinance and follow-up on his public comment at the last meeting. CONSENT AGENDA Motion: Ms. Robinson moved fo approve fhe following items on the consent agenda (with substitute resolution). Mr. Welch seconded. Mr. Randets made the following corrections to the minutes: August 4: on page 5, second vote to read "Motion to waive rules and adopt Ordinance 2982 ......." City Council Business Meeting Page 1 September 2, 2008 August 4: page 9, third paragraph under Presiding Officer's Report should indicate that both Ms. Sandoval and Mr. Randels agreed fo serve as members of the Historic Preservation Task Force (not as member and alternate). August 18: page 4, comment from Clyde Lovett, correct typo in second line after semicolon change "the" to "he." Approval of Bills, Claims and Warrants Vouchers 105707 through 105838 plus EFTS in the amount of $598, 822.61 Approval of Minutes (as corrected) August 4, 2008 and August 18, 2008 Resolution 087-034, authorizing the City manager to sign the Public Infrastructure Fund (PIF) grant agreement with Jefferson County for the design and construction of the Downtown Historic Streetscape Project. Resolution 08-035, authorizing the Cify Manager to sign the Public Infrastructure Fund (P1F) grant agreement with Jefferson County for the design and construction of the Upper Sims Way (SR20) and Howard Street Improvements Project. Vote: motion including corrections to the minutes carried unanimously, 7-0, by voice vote. ORDINANCE 2981 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADDING TO THE MUNICIPAL CODE A NEW CHAPTER REGULATING THE OPERATION OF BICYCLES, SKATEBOARDS AND OTHER WHEELED VEHICLES, AND PROVIDING PROHIBITIONS ON THEIR USE ON CERTAIN SIDEWALKS, AND AMENDING CHAPTERS 10.32 -BICYCLES, AND REPEAL INCONSISTENT SECTIONS, AND PROVIDING PENALTIES City Attorney John Watts reviewed the packet material. He noted that the changes from the Council's straw poll on August 18 have been incorporated into the ordinance. Research regarding the ability of the Police to impound bicycles under certain circumstances was completed at Council's request and a section included in the ordinance for consideration. Public comment: Peter Lauritzen, chair of Non Motorized Transportation Advisory Committee, speaking as an individual, stated he believes this is a good compromise reflecting the concerns of many. He stated that recent accidents have occurred at night and would like to find a way to enforce the state law which requires that bicycles use lights when riding at night. City Council Business Meeting Page 2 September 2, 2008 David McCulloch stated he believes this ordinance is much better than the original ordinance; he urged the Council to carefully consider the signage issue for prohibited areas as that is a functional part of making the ordinance enforceable. He asked if the ability to impound bicycles is a critical issue. He also thanked the City for the recent Discovery Road work. In response to Ms. Sandoval, Mr. Watts stated that the question of when impoundment can occur was researched and several other cities have adopted regulations that allow impoundment so it was included in the ordinance as a placeholder. It would occur in some instances in response to repeated offences. He added it is another enforcement option for the Police that would be available if they encountered an egregious situation which warranted the action. Motion: Mr Randels moved for second reading and adoption of Ordinance 2981. Mr. King seconded. Motion to amend: Mr King moved to replace the second sentence in Section E (4) to read: "Subject to the exceptions cited in Section D above, motorized or motor assisted operation of a vehicle on a sidewalk is unlawful." Mr Butler seconded. Mr. King noted that it was his intention to go beyond the scope of state law in order to address the proliferation of vehicles which may not be named specifically in the ordinance. Mr. Welch expressed concern about potential unintended consequences Vote: motion carried, 6-1, by voice vote, Welch opposed. Chief Daily was asked to comment on the impoundment issue. He noted that he believed it would be a rare occurrence; impounding numerous bicycles would not be practical because of the lack of storage area; however, in the instance of someone who repeatedly refuses to obey the law it can be a beneficial option. He also noted that the impoundment would not be for the purpose of losing possession but for the duration of judicial proceedings. Chief Daily stated that the Police would adopt an internal policy with guidelines on how to apply the impoundment option. Further discussion ensued, with the Council agreeing that the stipulation will stay in the ordinance with assurance that the Police Chief will follow up with an internal policy to be adopted in a reasonable amount of time. Motion to amend.' Mr Welch moved to amend the ordinance by changing Attachment A, Section C (8 -Prohibition) to "Washington Street between Tyler City Council Business Meeting Page 3 September 2, 2008 #ar+iset~ and Monroe Streets (both sides). This is a reversion to the original draft language. Mr. Welch stated that there would not be much bicycle traffic on that section of the sidewalk anyway since it is a good hill; however the hill is a safety hazard for skateboarders and he would like them to be able to ride on the sidewalk in the section that does not front any businesses. Mr. Randels stated that this section of the ordinance, as written, incorporates the suggestion of the DASH (disability awareness) group. Mr. King stated there is little space on the sidewalk for skateboarders. Vote: motion failed, 2-5, by voice vote, with Butler and Welch in favor. It was agreed that addressing signage would not be appropriate as part of the ordinance, but part of policy direction to staff. Regarding lights on bicycles, Chief Daily stated it is state law and officers could take action if there were no lights on a bicycle at night; he also stated that it is difficult to enforce since the violation must witnessed by an officer. Mr. Watts stated that the state law is specific to bicycles as part of the rules of the road; however it would probably not be citable for a bicycle on a sidewalk. Council could add a section specifying that lights must be used by bicycles when riding on sidewalks, trails, etc., if they want to close that "loophole." Mr. Welch and Mr. Butler both stated that this might inhibit the use of bicycles and may affect children and others who find themselves riding in the dark unintentionally, particularly in the winter months. Mr. King stated that in the instance of the recent accident, failing to yield the right of way in itself was a clear violation by the bicyclist and would have been enough grounds for a citation. Mr. Welch agreed, and expressed concerns about adding another layer of regulation. Ms. Robinson stated that legislation is often trying to set the standards within a community regarding what we expect in our interactions with each other; having light is a safe practice for the operator and a courtesy for others. In response to Mr. Butler's question, Mr. Watts stated that reflective devices are not considered lights. Motion to amend: Mr Randels moved to amend the ordinance as follows: Add a section to Exhibit A, Section E, stating "the requirements of RCW 46.69.750 to 46.61.790 entitled Operation of Non-motorized Vehicles applies to their operation on sidewalks, paths and public trails." Ms. Robinson seconded. City Council Business Meeting Page 4 September 2, 2008 Ms. Sandoval stated she is not ready to support this amendment as it has come up after the fact. Vote: motion failed, 3-4, by voice vote, Medlicott, Randels and Robinson in favor. Mr. Randels noted a typo on page 3 (D)(1) change "for" to "or" at the end of the first line. Staff will correct. Vote on main motion (adoption of Ordinance 2981 as amended): motion carried, 7-0, by roll cal! vote. Motion: Mrs. Medlicott moved to refer the police administrative policy on impounding bicycles and discussion of signage and lighting for non-motorized vehicles on sidewalks, paths and trails to the General Services Committee. Ms. Robinson seconded. The motion carried unanimously, 7-0, by voice vote. ORDINANCE 2988 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE CHAPTER 1.20 CODE ADMINISTRATION AND ENFORCEMENT, ADDING DEFINITIONS OF VIOLATION AND PROVISIONS RELATING TO PERSONS RESPONSIBLE FOR VIOLATIONS, AND PENALTIES FOR DAMAGE TO SIGNIFICANT TREES Mr. Watts reviewed the packet materials, noting Council approved first reading on August 18, subject to minor language changes which are incorporated. Mr. Watts noted he had received an a-mail from David Goldman (who proposed some of the changes) supporting the language contained in the revised ordinance. There was no public comment. There was brief discussion regarding the definition of "significant" trees; however it was noted that definition was not part of the proposed changes to the code. Motion: Mr. Randels moved for second reading and adoption of Ordinance 2988. Mr. Welch seconded. The motion carried unanimously, 7-0, by roll cal! vote. NEW BUSINESS ORDINANCE NO 2991 AN ORDINANCE OF THE CITY OF PORT TOWNSEND FIXING AND ADOPTNG 2009 PROPERTY TAX LEVIES WITH AN INCREASE OF TWENTY SIX AND SEVEN TENTHS PERCENT (26.70%) FOR THE GENERAL LEVY AND AN City Council Business Meeting Page 5 September 2, 2008 INCREASE OF ONE PERCENT (1 %) FOR THE EMERGENCY MEDICAL SERVICES LEVY Mr. Timmons reviewed the packet material and explained that the tax levy will set the stage for the 2009 budget. The ordinance reflects the recent voter approved levy lid lift. It was noted that the EMS levy dollar amount remains the same, but the actual levy has eroded from fifty cents to thirty-four cents, with the difference made by the General Fund. An increase in the levy can only be established by voter approval. Finance Director Michael Legarsky stated that it is too early to establish firm numbers because the dollar amount for new construction will not be released until later in the year. There was no public comment. Motion: Mr Randels moved for first reading of Ordinance 2991. Ms. Robinson seconded. The motion carried unanimously, 7-0, by voice vote. PRESIDING OFFICER'S REPORT Mayor Sandoval thanked the public for supporting the library levy lid lift. Mayor Sandoval noted the town meeting sponsored by the School District and the City will be held on Thursday, September 18, at 6 p.m. at Blue Heron School. The mayor proposed that if there is time, the Council discuss the relationship among Council and advisory boards at the September 8 workshop. She stated members should review the list of committees and oversight roles in relation to advisory boards. She added that this is timely in response to the recent blanket resignations from the Tree Committee. CITY MANAGER'S REPORT Mr. Timmons complimented the supporters of the library levy lid lift on their successful efforts. Mr. Timmons also noted, in regard to Tree Committee resignations, that sometimes committees develop their own sense of priorities which are not necessarily in synch with the city's current priorities or budget capabilities. He added that the City is currently implementing many of the suggestion of the Tree Committee and that staff members were working with them but there were internal disagreements among committee members. Cify Council Business Meeting Page 6 September 2, 2008 Mr. Timmons noted he has received the resignation of the City's Senior Planner and there may be a resignation from the Police Department by the end of the month. ADJOURN There being no further business, the meeting was adjourned at 8:32 p.m. Attest: Pamela Kotacy, MMC City Clerk City Council Business Meeting Page 7 September 2, 2008