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HomeMy WebLinkAbout11212005 . CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGU R SESSION OF NOVEMBER 21, 2005 CALL TO ORDER ~ND PLEDGE OF ALLEGIANCE i The City Council of the City of Port ~ownsend met in regular session this twenty-first day of November 2005, at 6:30 p.m'iin the Port Townsend temporary Council Chambers in the Cedar Room of thel Waterman & Katz Building, Mayor Catharine Robinson presiding i R.OLL CALL i Council members present at roll call1were Frank Benskin, Freida Fenn, Kees Kolff, Geoff Masci, Laurie Medlicott, Cath~rine Robinson, and Michelle Sandoval. , Staff members present were City Mdnager David Timmons, City Attorney John Watts, Finance Director Michael Leglarsky, Long Range Planning Director Jeff Randall, Police Chief Conner Daily, 'fire Chief Mike Mingee, and City Clerk Pam Kolacy. : i i CHANG8S TO THE AGENDA i . i There were no changes proposed tol the agenda. PR~CLAMATION , i Consensus to delay reading of procltmation since Community Chorus members were arriving at 7:00 p.m. ! COMMENTS FROM THE P~BLlC (consent and non-agenda items) Public comment in opposition to the proposed requirement for bicyclists to wear helmets was made by the following rpembers of the public . Gloria Bram Marc Downing Bly Windstorm Matthew Dillon Matt Sircely Adam Blake Dennis McGuire Don Haviland Charles Espey City Council Business Meeting Page 1 November 21,2005 . Rita Mandole City Staff Response: Mayor Robinson noted, in response to Mr. McGuire's comments, that the City Attorney was not the initiator of the ~icycle ordinance, but that he was carrying out the council's direction to draft such ~n ordinance. She also added that the issue is schedule to come before the Council at the December 5 meeting. ! ! PRpCLAMATION , Mayor Robinson read a proclamatio~ proclaiming the week of November 28 through December 4 as Community Chorus F' eek in recognition of 30 years of continuous contribution and accomplishment of he members of the Port Townsend and East Jefferson County Community Choru . i , The proclamation was accepted by $erry Bergstrom and several members of the chorus. ' , CO~SENT AGENDA . , Motion: Ms. Fenn moved to approvfl the following items on the Consent Agenda. Mrs. Medlicott seconded. The moti~n carried unanimously, 7-0, by voice vote. (Ms. Robinson noted one correction ito minutes of Nov. 14 to show that the presiding officer was Deputy Mayor Sandoval.~ i A roval of Bills Claims and Warra 'ts Vouchers 96003 through 961 5 in the amount of $679,300.57 Vouchers 96136 through 961$6 in the amount of $2,624.74 Vouchers 96157 through 961159 in the amount of $13,082.51 i Approval of Minutes: October 12, 20b5 (revised);October 20,2005; 2005; November 14, 2005 I , I ! November 7, Approval of Resolutions: Resolution 05-048, fixing hearing date of December 19, 2005 for a street vacation application proposal which would va~ate a one-block segment of the 23'd Street right-of-way lying between San Juanl Avenue and the unopened McNeill Street right- of-way. i ! . Resolution 05-049, authorizing the Mayor to apply for the designation of the City of Port Townsend as a Preserve Amerilcan community. ! City Council Business Meeting Page 2 November 21,2005 . PU L1C HEARING ! OJ,INANCE 2916 AN ORDINANCE OF THE CITY F PORT TOWNSEND AMENDING TITLE 17, ZONING OF THE PORT TOWN END MUNICIPAL CODE, DEFINING AND REGULATING ADULT E TERTAINMENT ESTABLISHMENTS , , ORblNANCE 2917 AN ORDINANCE OF THE CITI OF PORT TOWNSEND, WASHINGTON, ADOPTING FINDINGS AND CON1' USIONS DEMONSTRATING THE NEED FOR REGULATION OF ADULT ENT RTAINMENT FACILITIES; ESTABLISHING REGULATIONS GOVERNING T E LICENSING AND OPERATION OF ADULT ENTERTAINMENT FACILITIES; A~DING A NEW CHAPTER 5.92 TO THE PORT TOWNSEND MUNICIPAL CODE; ND FIXING A TIME WHEN THE SAME SHALL BEC ME EFFECTIVE i Mayor Robinson reviewed the rules tnd procedure for public hearings. She asked if any Council members had any finan ial or property interests in the matter. There were none. ' . , City Attorney John Watts reviewed t~e packet material. He referred to the extensive Planning Commission process and rl:!Viewed the legal status of protected first amendment activities. I There was no public comment. i i i In answer to a question from Ms. Fe n, Mr. Watts stated that there is no fee schedule in the ordinance; fees coul be added or could be in a separate business license fee schedule; he agreed a fe schedule should be proposed prior to final adoption of an ordinance. He adde that fees were not discussed at the Planning Commission because the issue is 0 tside their purview; he also added that an arbitrarily high license fee cannot beiset. i Ms. Robinson stated that it appears rot all forms of expression in this domain are included in the ordinance. Mr. Watt~ stated that the original definition included a number of types of businesses such! as adult drive-ins and escort services, that the Planning Commission didn't feel ne~ded to be included in an ordinance. This does not mean they are prohibited but the~ are not prohibited under this ordinance. If such a business located in the City clnd caused problems, the City would be free to amend the licensing ordinance, as b~sinesses are not vested under licensing as they are under zoning regulations. i . , Ms. Robinson referred to the June 9iPlanning Commission meeting, where separate votes were taken on whether to estaplish restrictive zoning for various types of adult City Councif Business Meeting Page 3 November 21, 2005 . businesses. Mr. Watts noted that t e Planning Commission thought there were some types of businesses so unlikel to try and locate here that there was no need for special zoning. Long Range Planning Director Jeff andall recalled the exercise and that there was discussion of how likely some uses were to occur and whether or not they all have the same protected rights to free sp~ech. He noted that the City Attorney concluded some were less likely to hlave those constitutionally protected rights and could be effectively banned; for exarflple it would be moot to allow a drive-in business as that is not allowed undet current regulations. There are also some issues that would be more appropriately covered under the review of revisions to the sign code. , I , Ms. Robinson asked about the sepa~ation distance from residential, child care facilities and schools, which was 20q feet (residence) and 500 feet (others) originally, but now is only 150 feet fr~m school and there is no mention of residential or child care facilities. ' Mr. Watts stated that the Planning Cbmmission rejected the proposal on upper Sims Way that included those distance sp~cifications and then focused on locating a zone downtown. The thinking was that if ~I the subject facilities were the center of 150- foot circles, once the circles overlap ed there would be little area left for these businesses to locate and it would be difficult to defend the City against a charge that adult businesses were being effectiv Iy banned. The Planning Commission also felt that downtown has the greatest rrix of businesses and if an adult business locates downtown it will fit into the mix and be part of the historical character and the downtown living environment. i Ms. Robinson asked why the City CI~rk rather than the Finance Director would be in charge of this licensing. Mr. Watts ~eplied that the licensing is more complex and needs to be monitored carefully to njeet tight time frames; it was thought the City Clerk would be in a better position tq do this sort of tracking. , ! Ms. Sandoval said it seems unusuallthat construction of a business would be allowed prior to approval of a licens~. Mr. Watts answered that there have been many legal challenges regarding restraint of protected activity. The timelines worked out in these ordinances ass'fe that the approval of a license can't be dragged out indefinitely nor can the rrocess be arbitrary. In regard to Mr. Masci's question ab~ut the state "uniformity clause," Mr. Watts stated that the clause requires that i~ you create a class, you treat everyone in the class in a uniform manner - it does i:' ot prevent creation of multiple classes so long as there is a rational basis for distin uishing; he is aware of nothing that prohibits the creation of a special licensing class or adult businesses and in fact, one is required under due process. . . City Councif Business Meeting Page 4 November 21,2005 . Discussion ensued regarding the ex lanation of licensing requirements for entertainers, managers and employes and how the criminal background checks will work. Mr. Watts noted the Iicensin is set up so the City can make sure a person is entitled to a license and has not eng~ged in an activity that would disqualify them whether they are held out as an em loyee of the business or a contractor. He noted the City Clerk would work c10s Iy with the Police Department on this phase of the licensing. i Mr. Benskin asked if this would affeJt art class models; it was pointed out there are some specific exemptions from Iicenfing, included art studios. ! Staff will research fees which other qities consider to be fair and reasonable; he noted that the fee would be expecte to cover the cost involved in the background checks. Mr. Watts will also review tate legislation regarding when a criminal record may be used to deny employment. Mayor Robinson asked if anyone in he audience wished to speak to clarify any issues raised during the question period. There were no comments. i Mayor Robinson then closed the pu~lic testimony portion of the hearing , , . Motion: Ms. Fenn moved for first refding of Ordinance 2916. Mr. Kolff seconded. i Mr. Masci expressed concerns that ,dult businesses located in the downtown area are freely available to children due t the number of child-friendly recreational opportunities located there. He beli ves the zone should be in the upper Sims Way area. He also stated he would like 0 increase the distance allowed from schools from 150 to 200 feet and include "minor-oriented" parks such as Pope Marine and Memorial Field to the list as well as chools. I Ms. Sandoval noted that this is a ditiicult situation. She disagrees with locating in upper Sims because new projects in that area are targeting kid-friendly, user-friendly and pedestrian-friendly improvemen s. It is also the entry to town and could result in a negative impression if adult busin sses were located there. She cited citizen comment letters, noting that downto n is preferable because of the presence of the Police department, and eyes on the treet, as well as the fact it is the densest commercial area. I Mr. Benskin agreed there is no simple solution. He stated downtown Port Townsend is family oriented and ad~lt businesses seem out of context. He would support increasing the 150-foot dist~nce to 200 feet. Ms. Fenn supported adding Pope M~rine Park, Memorial Field, and the skateboard park, as well as schools to the distar)ce limitation. She asked staff to produce a map of downtown showing what areas w~uld be left with both a 150 foot and a 200 foot required distance from these parks <Is well as schools. . City Councif Business Meeting Page 5 November 21,2005 . I Ms. Fenn also supported being proa I tive by leaving motels, saunas, modeling agencies, etc. specifically in the reg~ations. She stated that regardless of personal feelings, the Council must plan for th~ future in regard to zoning issues. She added that there is more adult oriented living downtown than in the family neighborhoods uptown. I Mr. Masci asked about location in thf Boat Haven area. Mr. Watts stated that if you restrict the businesses to a property pwned by a single landlord (the Port, in this case) there is a possibility the landlord will not allow adult businesses and then you get into the issue of too-restrictive zqning. i Mrs. Medlicott stated there are man~ answers and clarifications she will need to consider prior to voting or supportin a first reading. She asked if the Council could take action to extend the moratoriu pending receipt of information, instead of voting on the ordinance. i ! Mr. Watts stated the Council may ad!opt an extension of the moratorium either tonight or on December 5. He add~d that a six-month extension would not put the City at undue risk in regard to prohibliting adult businesses. ! . Mr. Kolff stated the Council could support first reading this evening and then determine if more time is needed pripr to adoption. , ! Ms. Robinson stated she will support first reading, but agrees with Ms. Fenn that adult motels, escort service, etc. sh9uld be included in the ordinance prior to adoption. ' , Vote: motion for first reading of o,Jinance 2916 carried, 4-3, by voice vote, Benskin, Masci and Medlicott oppos~d. ! i Motion: Ms. Fenn moved for first re~ding of Ordinance 2917, with the provision that staff proposes a specific fee schedule prior to adoption. Mr. Kolff seconded. I Mr. Masci stated he would prefer an lextension of the moratorium. Mr. Watts stated that Ordinance 2917 would affect licrnsing and could be adopted so it is on the books in case the moratorium is stru!ck down. Licensing and zoning are separate . I Issues. i i Motion to amend: Ms, Robinson mdved that a perjury penalty clause be added to the licensing regulation. Mr. Kolff ;~conded. The motion carried, 6-1, Med/icott opposed ' , I , Mr. Timmons stated that, given the ~umber of items that need to be cleared prior to the end of the year, he encouraged the Council to consider extending the moratorium and give staff more tim~ to do the research and changes proposed . City Councif Business Meeting Page 6 November 21, 2005 . during tonight's discussion. He add d he requested the City Attorney to draft an ordinance extending the moratorium n case Council wished to take that action. Vote: motion to adopt first reading r Ordinance 2917 as amended carried, 4-3, by voice vote, Benskin, Masci and Medl cott opposed. I OR~INANCE 2919 AN ORDINANCE OF THE CI~OF PORT TOWNSEND, WASHINGTON, EXTENDING A MORATORIUM ON THE FILING OF APPLICATIONS FOR LICENSES, PERMIT AND A PROVALS FOR ADULT BUSINESSES , Motion: Mr. Masci moved to waive ~ouncil rules in order to adopt an ordinance extending the moratorium on adult bo/siness 120 days to allow staff time to pursue the information requested by Council. Motion carried unanimously, 7-0, by voice vote. Motion: Mr. Masci moved for adoptlpn of Ordinance 2919. Ms. Sandoval seconded. The motion carried una~imously, 7-0, by roll call vote. , . Mayor Robinson stated that the PUbll'c hearing on Ordinance 2916 and 2917 is closed. The Council deliberation will continue after the first of the year. i I I i ORDINANCE 2918 I AN ORDINANCE APPROPRIATI]G THE SUM OF $69,509 TO THE GENERAL FUND; $3,000 TO THE ST EET FUND; $70,000 TO THE CAPITAL IMPROVEMENT FUND; $55,000 0 THE 2003 BOND FUND; $442,759 TO THE EMERGENCY SERVICES FUND; 5,000 TO THE LODGING TAX FUND; $12,500 TO THE COMMUNITY SERVICESi FUND; $3,000 TO THE G.O. DEBT SERVICE FUND; $10,016 TO THE 2002 PUB~IC WORKS TRUST LOAN FUND; $10,016 TO THE UTILITY CONSTRUCTljON FUND; $31,250 TO THE CITY HALL ANNEX/RENOVATION CONSTaCTION FUND; $30,330 TO THE FIREMEN'S PENSION FUND; $1,500 TO TH MEMORIAL FUND AND MAKING FINDINGS AND DEC RING AN EMERGENCY ! Mayor Robinson stated the public h~aring rules and procedures previously read would be applicable to this item. N~ Council members declared any financial or property interests in the matter. ! i City Manager Timmons reviewed th$ packet materials. Public comment: none . City Council Business Meeting Page 7 November 21. 2005 . In answer to a question from Mr. Be skin, Mr. Timmons stated that funds allocated to capital improvement and bond co struction were corrections to the actual contract price for the fiscal period of 2005, n mbers that were not specifically available at the time of the 2005 budget adoption. Mayor Robinson noted that a "grandi' total is not presented as part of the ordinance because using the number would be misleading; the supplemental budget is adopted by fund totals. ! i Regarding the Fort Worden parking ~lIocation, Mr. Timmons stated this is not an increase from lodging tax funds, but la reconciliation of the account. Mr. Legarsky also stated, regarding the Fireman'slPension Fund, that the number can't be predicted as to number of claims th~ will be made against it. He stated another actuarial study would be done soon. I Mayor Robinson declared the publiclhearing closed. Motion: Ms. Fenn moved for first re~ding of Ordinance 2918. Ms. Sandoval seconded. Motion carried, 5-2, by ~oice vote, Masci and Medlicott opposed. . i UNFINISHED BUSINESS , ORblNANCE 2907 , I AN ORDINANCE OF THE CITY OR PORT TOWNSEND FIXING AND ADOPTING 2006 PROPERTY TAX LEVIES ~ITH AN INCREASE OF ONE PERCENT (1 %) City Manager Timmons stated that t~e 2006 Budget has been presented based on an assumption of 1 % increase in pr9perty and EMS tax levies. This followed Council's first reading on August 22, i2005. Public comment: None I Mr. Kolff asked how much banked c~pacity the City currently has and how much it is worth. Mr. Legarsky answered that rt is about 13% and approximately $180,000. Mr. Kolff asked if questions could bel posed about the proposed budget and whether or not there is adequate revenue. Iti was noted the budget is the next item on the agenda and if Council wishes to dis9uSS that first, the tax levy ordinance could be tabled until after that discussion. I i I Motion: Mr. Kolff moved to table Orfjinance 2907. Mrs. Medlicott seconded. The motion carried unanimously, 7-0, by voice vote. . City Council Business Meeting Page 8 I i I I I November 21,2005 . OR INANCE 2914 AN ORDINANCE ADOPTING HE BUDGET FOR THE CITY OF PORT TOWNSEND, WASHINGTON, FORi THE FISCAL YEAR ENDING DECEMBER 31, i 2006 Mr. Timmons stated that adoption of ~he budget tonight would serve to set spending limits by fund in 2006. He added th t the staff still needs policy direction from Council on some new positions and I vel of service changes, but that these discussions can take place before th end of the year. Passage of the budget as presented would help expedite gettin the final budget document prepared and released. Council would have the 0 portunity to specify change within the budgeted limits pending policy discussion. I Mr. Timmons referred to the new line! item budget pages distributed to the Council and to his memo outlining changes t~ the original document. Public comment: none . I ! Ms. Sandoval asked for clarification $garding the Fire and EMS budgets, specifically asking whether they are ~udget neutral, as it appears there is a $95,000 increase in funding. I Mr. Timmons stated that the issue h~s become more complicated with the delay of moving City career firefighters to the pistrict for another year. He also stated that some additional revenue sources hate been identified for delayed ambulance billings and fire inspection services tq the County. I Ms. Sandoval stated the full Council ~as never received a presentation which spelled out the financial implications but she was led to believe this was budget neutral or financially advantageous tq the City. Mr. Timmons stated that the budget ib basically neutral compared to the pre- consolidation budget. I Mr. Kolff commented that his underst~nding was not that the City was trying to save money through this effort. i I Fire Chief Mike Mingee stated that th~ proposed budget is below what the Department would have requested folr 2006 without the consolidation agreement in place. ! ! Mr. Timmons added that if annexatiop is proposed and is successful, whatever new levy is put in place would be a credit ~gainst the existing city EMS levy. It is anticipated that the consolidation agrj:lement will be in place at least three years. . City Council Business Meeting Page 9 November 21, 2005 . Mr. Masci noted that the General G vernment Committee has discussed these issues and the minutes will show se eral specific recommendations. . Regarding Mr. Benskin's question a out pending Federal funding for streetscape improvements, Mr. Timmons stated e believes the funding does not have a matching requirement but that it alsq cannot be used to supplant other funding by the City so would not "free up" any f~nds in the 2006 or 2007 budgets. In response to Ms. Sandoval's ques~ions, Mr. Timmons said that the City is committed to keeping the School Re~ource Officer position; there have been preliminary discussions with the Schpol District and County Sheriff regarding funding assistance for the program. The current issue is that the SRO is often called away due to the growing volume of calls tq the Police department. He also stated he is proposing that the SRO and County iPrevention Officer work closely together and that the SRO have a seat on the Suqstance Abuse Advisory Board. The policy discussion among Council will be in regard to whether to hire an additional Police officer in 2006. ' i Motion: Ms. Fenn moved for adoptibn of Ordinance 2914. Ms. Sandoval seconded. ! Mrs. Medlicott stated she would not ,upport adoption because she feels she has not had sufficient time to study the final ~roposed numbers. , Mr. Timmons noted there are only a handful of changes from the budget distributed in August and they have been outlin~d by staff with the latest distribution. , Ms. Fenn noted she can appreciate ~ome discomfort but that the Council has had the process outline for three months land has other pressing issues, like the Shoreline Master Plan, to deal with ~'efore the end of the year. She stated she is comfortable with the bottom line and the fact that the Council can continue to discuss policy matters and make ch nges within that parameter. Mr. Masci stated he believes the coJncil needs to reconcile policy issues before adopting the final numbers and that ~e does not feel the same sense of urgency regarding discussion and adoption o~ the Shoreline Master Plan. I Ms. Sandoval stated that in looking ~t the most recent budget information, she did not see many changes; her main iss~e regarded the Fire and EMS budget. She stated the issues Council must deal ~ith involve where to put the money we have, as there is a finite amount in the bUd~et. She said the limited amount of funding available to the City is what drives p licy considerations. The Council can move things around but the budget is statu: quo from last year with a few exceptions. Mr. Kolff stated the Council has had ~ long time to look over the budget and that there are few changes proposed in t~e newest version. He stated that if there are concerns about the need for more funding, the Council should consider the 13% i I I . City Council Business Meeting Page 10 November 21,2005 . banked capacity as an option. Talki g about allocating $5,000 here and there is not going to pave the streets. Mr. Timmons noted the budget is a Ii ing document and Council can always amend the budget plan; however protracted iscussion at this time will be difficult given the rest of the business schedule for the rear. He added that he knows there are different opinions and he has tried to !isolate those policy issues so they can be discussed at another time but that th$ funding limits adopted in the budget would not change. ' Ms. Robinson stated that she is com~ortable with the budget, noting that the projected fund balance is greater tha~ in the other version so the City has a larger cushion than was anticipated a mont~ or so ago. She suggests adoption of the budget tonight and scheduled policy ~iscussions in December, moving forward from the basic working document. i I Vote: motion carried, 4-3, by roll call vote, Benskin, Masci and Medlicott opposed. , , Motion: Ms. Fenn moved to bring Ofdinance 2907 back to the floor. Mr. Kolff seconded. The motion carried unanimously, 7-0, by voice vote. . , , Motion: Ms. Fenn moved for adoptior of Ordinance 2907. Ms. Sandoval seconded. Mr. Kolff asked if the County Assess<l>r's office has the flexibility to extend the time for adoption. Mr. Legarsky stated thCjt it does not, under current state law. Vote: motion carried, 4-3, by roll cal( vote, Benskin, Masci and Medlicott opposed. PRESIDINGI OFFICER'S REPORT ! I Mayor Robinson had no report; she 10ted she would be forwarding appointments to advisory boards to the Council soon. ! CITY MA~AGER'S REPORT . i Mr. Timmons noted that the Shorelin~ Master Program will be added to future agendas and will be the subject of a fpecial meeting on November 28. , I He stated that Senator Murray will b;' in town Monday and appear at 10:30 a.m. at the Pope Marine Building to make a rmal announcement regarding funding for streetscape improvements that has b e approved. , I STANDING dOMMITTEE REPORTS , , i General Gqvernment Committee I , i I City Council Business Meeting rage 11 November 21,2005 , ! . Mr. Masci stated that the General G vernment Committee has made some specific recommendations, but he will wait u til the minutes are available to bring the recommendations forward to Counci . f'\DJOURN i There being no further business, thelmeeting was adjourned at 10:20 p.m. Attest: 'J ' (All) "'/Y)t&to Pam Kolacy, CMC City Clerk . . City Council Business Meeting I i ! ! , i i ~age 12 I November 21, 2005