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HomeMy WebLinkAbout04072003 CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF APRIL 7, 2003 The City Council of the City of Port Townsend met in regular session this seventh day of April, 2003, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Kees Kolff presiding. CALL TO ORDER AND PLEDGE OF ALLEGIANCE The meeting was called to order at 6:30 by Mayor Kees Kolff. Council members present at roll call were Freida Fenn, Kees Kolff, Geoff Masci, Catharine Robinson, Michelle Sandoval, and Alan Youse. Joe Finnie was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, Water Quality Manager Bob LaCroix, Fire Chief Ed Edwards, Police Chief Kristen Anderson, Planner Jean Walat and City Clerk Pam Kolacy. CHANGES TO THE AGENDA There were no changes proposed to the agenda. PRESIDING OFFICER’S REPORT Motion: Mr. Masci moved to reappoint Catharine Robinson as the Council representative to the Solid Waste Advisory Committee. Motion carried unanimously, 6-0 by voice vote. Mayor Kolff read proclamations in honor of Earth Day and Disability Awareness Day. Lesa Barnes was present to accept the proclamation for Disability Awareness Day and made a brief statement. The mayor introduced Nelson Ludlow, a successful small business owner who gave a brief description of his company, Mobilisa. CITY MANAGER’S REPORT City Manager Timmons updated the Council on Upper Sims Way infrastructure, stating that the City is currently working on an analysis of fire flow conditions in that area. He anticipated also working with the contracted transportation planner to prioritize transportation elements for the area. He anticipated having a more detailed report in the next two months. City Council Meeting Page 1 April 7, 2003 He also noted that the proposed deal for electric vehicles did not go through and that the Police Department has received a donation of an automobile, which will be used for the Police volunteers. The Washington Street project is in progress. The city has had requests for the paved and curbed section on the bluff side to be designated as parking and as a bicycle lane. Staff will prepare an ordinance for council discussion regarding regulating that strip. The Sims Way pathway is going out to bid soon. The Bell Tower bid came in at $174,000, compared to the architect’s estimate of $186,000. GENERAL PUBLIC COMMENT Marilyn Muller: asked Council to direct staff to prepare a detailed accounting of the costs to the City related to the recent Ethics complaint. She believes if the costs were known, no one would come forward with frivolous charges. PUBLIC HEARING MURPHY STREET VACATION (LUP 02-049) Motion: Ms. Robinson moved to continue the public hearing to May 19. Ms. Sandoval seconded. Motion carried unanimously, 6-0, by voice vote. CONSENT AGENDA Motion: Ms. Sandoval moved to approve the following items on the Consent Agenda. The mayor asked if there were any objections, and hearing none, declared the items adopted by consensus. Approval of Bills, Claims and Warrants Vouchers 84594 through 84597 and 85376 through 85603in the amount of $436,923.02 Approval of Minutes Regular Session of March 17, 2003 Special Session of March 24, 2003 UNFINISHED BUSINESS ORDINANCE 2831 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE AMENDING TITLE 9, PEACE, MORALS, AND SAFETY, TO ADD A NEW CHAPTER 9.09, NOISE City Council Meeting Page 2 April 7, 2003 ORDINANCE 2832 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE AMENDING TITLE 10, VEHICLES AND TRAFFIC, TO ADD A NEW CHAPTER 10.30 – COMPRESSION BRAKES City Attorney Watts noted that both ordinances had been approved for first reading at the special meeting/public hearing on March 24. He went over the details of the amendments made at that time, and noted that extra information on “jake” brakes was included in the packet. He added that both ordinances must be reviewed by the State Department of Ecology and if that takes the full 90 days allowed, the ordinances will become effective some time in August. He added that the Memorandum of Understanding with the Port was approved at the March 24 meeting, contingent upon adoption of the ordinances under discussion. He added that the MOA provides for a one-year review, but the ordinances do not. Public Comment The following spoke in support of adoption of the ordinances: Forrest Daniel George Elliot Jim Todd Jerry Yahna Deborah Hammond Motion: Ms. Fenn moved for adoption of Ordinance 2831. Ms. Sandoval seconded. Mr. Masci expressed his appreciation for lowering the fine schedule. He then stated he believes that allowing the police to ticket cars without a warning might be discriminatory against young people. Motion to amend: Mr. Masci moved to amend the ordinance by adding a requirement that a written warning be issued prior to a citation for noise from a moving vehicle. Mr. Youse seconded. Ms. Robinson clarified that the ordinance does not require officers to issue a citation but it is an option in the case of a moving vehicle noise violation. Mr. Watts agreed that the officer has the discretion to give a verbal warning rather than issue a citation and as Chief Anderson has indicated, it is estimated most will be resolved with a verbal warning. Mr. Watts suggested a one-year review of the ordinance to determine whether there is a perception at that time that a certain group is singled out due to this provision. Chief Anderson noted that it is often difficult for the police to follow up on this sort of call because the vehicle may never be located by the time officers arrive; if a warning is required prior to a citation, the tracking and enforcement would be difficult. City Council Meeting Page 3 April 7, 2003 Vote on amendment: motion to amend failed, 2-5, with Masci and Youse in favor. Mr. Youse questioned the exemption for the historic commercial district, which is not available to businesses on upper Sims Way. Motion to amend: Mr. Youse moved to amend the ordinance by adding “and Upper Sims Way Commercial District” to 9.09.040 (3). Mr. Masci seconded. Ms. Sandoval stated this was discussed at the committee level and rejected because of economic development issues in the historic district and because upper Sims is not yet developed with those kinds of activity. Mr. Masci mentioned that the Highway 20 Road House, the new Mexican Restaurant, and the Hilltop Tavern are all located in the area and some are contiguous to residential development. Ms. Fenn noted this would not preclude music, would just regulate how late and at what decibel level it can be played. Mr. Watts noted there were no comments from any business owners on upper Sims Way regarding effect on their operations. He added that downtown businesses would be more difficult to retrofit; again recommended that if problems are created they can be addressed by future amendments to the ordinance. In answer to Ms. Robinson’s question, Mr. Watts stated that the historic exemption means that between 7 AM and 1AM in the historic commercial district, any music noise level is acceptable and would not be subject to enforcement. There is no exemption for upper Sims Way so at any time of day if a disturbance were created or allowable decibel levels exceeded; a noise complaint could be enforced. Vote on amendment: motion failed, 2-4, with Masci and Youse in favor. Vote on the main motion (adoption of Ordinance 2831): motion carried, 4-2, by roll call vote, with Masci and Youse opposed. [Note: later in the meeting, Mr. Masci asked to change his vote; there were no objections and the final vote was 5-1, with Youse opposed]. Motion: Ms. Sandoval moved for adoption of Ordinance 2832. Ms. Fenn seconded. There was no public comment. Vote: After brief discussion, the motion carried unanimously, 6-0, by roll call vote. City Council Meeting Page 4 April 7, 2003 Motion: Mr. Masci moved that the Council review the noise ordinance in one year with specific attention toward the enforcement issues surrounding moving vehicle noise violation and enforcement issues in the Upper Sims Way corridor. Ms. Robinson seconded. After brief discussion, the motion carried unanimously, 6-0, by voice vote. At this time Mr. Masci requested that his vote on Ordinance 2831 be changed from nay to yay. There was no objection. RECESS At 7:50, Mayor Kolff called for a recess for the purpose of a break. RECONVENE The meeting was reconvened at 7:55 p.m. RESOLUTION 03-009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND GRANTING FINAL PLANNED UNIT DEVELOPMENT (PUD) AND BINDING SITE PLAN (BSP) APPROVAL FOR NEIGHBORHOOD OF UMATILLA HILL PLANNED UNIT DEVELOPMENT, APPLICATION LUP03-030 Jean Walat, City Planner, introduced the matter, and described the project. She noted that all infrastructure required by the Hearing Examiner’s decision has been installed or secured through establishment of an escrow account. Prior to final recording of the plat, the applicant and City will sign a required Planned Unit Development Agreement and a th maintenance agreement for the stormwater pond located in 30 Street. Prior to development of the condominium parcel, the applicant must submit and receive approval of a Binding Site Plan. There was brief discussion concerning clarifications about the pond and access roads. Motion: Mr. Masci moved to approve Resolution 03-009. Ms. Sandoval seconded. The motion carried unanimously, 6-0, by voice vote. Applicant Rick Landis thanked the staff for their work during the process. RESOLUTION 03-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON DECLARING BRAUN NORTHWEST, INC. AS THE SOLE SUPPLIER OF A TYPE I MEDIC UNIT Mr. Timmons noted that Washington State law requires that materials and equipment purchases over the amount of $15,000 from a single supplier must be bid unless Council City Council Meeting Page 5 April 7, 2003 declares the supplier a sole source. The Fire Department has used North Star medic units in the past which have proven to be efficient and contain the features desired by the fire department’s volunteer and paid staff and it is most cost-effective to standardize the equipment and parts. Since Braun Northwest, Inc. is the only manufacturer for North Star; they are considered, for bidding purposes, a sole source. First touch occurred at the March 17 Council meeting where the issue was referred to General Government Committee for review and recommendation. The Committee was unable to meet in March and due to the time sensitive nature of the issue, the matter is back before Council. There was no public comment. Motion: Mr. Masci moved to adopt Resolution 03-006. Mr. Youse seconded. The motion carried unanimously, 6-0, by voice vote. NEW BUSINESS WATER RESOURCES INVENTORY AREA (WRIA) 17 VOTING RESPRESENTATION Mr. Timmons noted that in the past, the City’s voting representative has been a City Council member. It was requested that staff participate as voting representative two years ago while discussion was centering upon technical issues; also, meetings were held during the day and it was difficult for an elected official to attend. The Mayor has now indicated his desire to serve as the City’s representative. Staff would continue to provide technical support to the voting representative. There was no public comment. Motion: Ms. Sandoval moved that Kees Kolff be appointed as voting representative on WRIA 17. Ms. Fenn seconded. Motion carried unanimously, 6-0, by voice vote. STANDING COMMITTEE REPORTS COMMUNITY DEVELOMENT/LAND USE Recommendation regarding Master Park Plan Ordinance Mayor Kolff and Park & Recreation Advisory Board Chairperson Barbara Pastore were present to introduce the issue and answer questions. Ms. Pastore noted that the Master Plan outline is the checklist for each park’s plan and each will be fleshed out. There was no public comment. City Council Meeting Page 6 April 7, 2003 Motion: Ms. Robinson moved to adopt the recommendation of the CD/LU Committee to 1) adopt the Port Townsend Master Park Plan Outline; 2) task staff to review the plan; and 3) return the Plan to the Park and Recreation Advisory Board with a recommendation that they begin to use it as needed for a priority list for developing a list for parks, and develop a master plan for each park. Ms. Fenn seconded. The motion carried unanimously, 6-0, by voice vote. Metropolitan Park District Mr. Timmons noted that he has begun discussions with the Port Townsend School District, as they will be an important partner during the discussion of funding for parks and recreation in the City. Motion: Mr. Masci moved to adopt the recommendation of the Community Development/Land Use Committee for future exploration of a Metropolitan Park district with the County with the knowledge that we would not be doing a ballot initiative and not consider implementing anything in 2003. Mr. Youse seconded. There was no public comment Ms. Fenn noted the Committee is concerned about methods to maintain control over city parks. Vote: the motion carried unanimously, 6-0, by voice vote. TRANSPORTATION COMMITTEE Transportation Functional Plan Ms. Sandoval introduced the recommendation. There was no public comment. Motion: Ms. Sandoval moved to adopt the recommendation of the Transportation Committee and approve the Transportation Functional Plan draft purpose statement as modified (appearing in the Transportation Committee minutes of March 13, 2003) and commend the Transportation Advisory Board for its work on the project. Mr. Masci seconded. Motion carried unanimously, 6-0, by voice vote. FINANCE/BUDGET COMMITTEE Strategic Budget Model Ms. Robinson noted that the Committee had seen a demonstration of the strategic budget model with some of the possible variations of revenue and expenditures and their effect City Council Meeting Page 7 April 7, 2003