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HomeMy WebLinkAbout080309CITY OF PORT TOWNSFND MINUTES OF THE REGi1LAR SESSION OF A[1(~UST 3, 2009 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the third day of August, 2009, at 6:30 p.m. in the Port Townse~id City Council Chambers of City I tall, Mayor Michelle Sandoval presiding. ROLL CALL Councilmembers present at roll call were David King, Laurie Medlicott, Kris Nelson, George Randels, Catharine Robinson., Michelle Sandoval, and Mark Welch.. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, DSD I)ircctor Rick Sepler, Police Chief Conner Daily, Police Sergeant Ed Green, and City Clerk Pam Kolacy . CHANGES TO THF. AGENDA No changes to the agenda were proposed. PRESENTATION(S) Department of Ecology Awards: Wastewater Treatment 8~ Compost Facilities Pat Bailey l:rom the Washington State Department of Ecology presented awards to the Port Townsend water treatment and biosolids staff. David Rodia and Bliss Morris accepted the awards. C~()MMEN'TS FI7OM'T'HE PUBLIC 'There were no cornrnents lrom the public CONSENT AGENDA Motion: Catharine Robinson nznved to arprnve the,fc~/lowing items on the cUnsent agenda with cnrr•ectinns to the July 13, 2(.109, minutes (change "individuals" to "entities" Cit)~ Cnuncit Business Meeting Page 1 Augz~,s't 3, 2009 in s•ecnnd paragraph, secvnil line Sign C'nde Departures; itnd add "outside the Historic District" after "commercial review" in third line of last paragraph nn page I) and correction nf~typi~graphical eri°or in Resolution 09-029 (strikethrnugh "and" in Sectann 2 (2),first line). Approval n f Bills, Clitims and Warranta• Vouchers 108579 through 108598 in the amount of ~12,2~t1.05 Vouchers .108687 through 108702 in the amount of $13, 632.13 Approval cif minutes,fnr July 13, 2009 us corrected Resolution 09-029., establishing the Parks', Recreation and Tree Advisory Board and providing scope of work membership composition, terms of of fic•e, and procedural rules. Uearge Randels seconded. Vote: motion carried unanimously, 7-v by voice vote. PUBLIC HEARIN(.x(S) Ordinance 3015, Adopting an Immediate Emergency Interim Regulation on the Acceptance of Applications for Certain Sandwich Board Signs in the City Historic District until the City Finishes the Process of Code Review and Amendment Relating to Sign Regulations. Mayor Sandoval read. the rules of procedure for public hearings. No C'outicil members stated they had financial or property interests in the issue to disclose. Mayor Sandoval anal Ms. Nelson both noted their businesses have existing sandwich boards on Water Street. John Watts reviewed the packet material. He Hated the interim ordinance wits adopted on .luly 6, 2009 and that th.e Growth Management Act requires that the City hold a public hearing within 60 days of adoption of an interim ordinance and., if the ordina~tce is extended, adopt findings in support of the ordinance. Public Testimony: There was no publ.i.c testimony. .Motion: George Randels moved to approve Ordinance 3015, Adopting ctn Immediate Emergency lnterirn Regulation nn the Acceptance of Applications, for C:crtain Sandwich City Council Business Meeting Page 2 Aug~rrf 3, 209 Beard Signs in the City Historic District until the City f~'inishes the Process of Code Review and Anzendmcnt Relating to Sign Regulations. David King seconded [ante: motion carried unanimously, 7-0 by voice vote. UNFINISHED IL~LTSINESS Ordinance 3014, Regulating Solicitors of Sales of Goods and Services and Repealing Port Townsend Municipal Code Chapters 5.72 Door to Door Sales License and 5.88 Peddlers, Solicitors and Canvassers John Watts reviewed the packet materials, noting that first reading was passed by the Council on July 2U, 2Q09. Public comment: There was no public comment Mr. Randels stated he is still concerlied about the discrepancy in the draft between regulating sale of goods and sale of services. Some sales of goods are exempted from registration or licensing while similar sales of services require licenses. He believes there should be some exemption for sales of services such as shoveling snow or mowing lawns by young people. Mr. King stated he is believes there is an opposing benefit of protection to people who arc offered services and then victimized although that means that kids would be subject to licensing. Mr. Watts suggested reinstating the stricken language starting at line 17 on page 7 of 7 and adding "by minor individuals" after the "services" clause. There were no objections by Cotmcil. Public comment: There was no public comment Mntinn: David King moved to adopt Ordinance 301 ~, Regulating"Snlicitnrs of Sales of Unnds and Services and Repealing Pnrt Townsend Municipal C.'ode C.'hapters 5. ~2 Door to I~nnr Sales License and 5.88 Peddlers, Solicitors and C'clnvas.sers with chcingc in language nn section 78age 7 to add "if offered by minor individuals. " Mcxrk Welch secondea! C/nte: molinn carried unanimously, 7-0 by voice vote. Ordinance 3t)16, amending the Port Townsend Municipal Code, Chapter City Council Business Meeling Pale 3 AuKust 3, 2009 10.04, Parking, Section 10.04,190, TwowHour Parking Limit, to provide for additional two-hour spaces on Sheridan Street between 9th and 10th Streets and on 9th Street between Sheridan and Grant. Public Works Director Ken Clow reviewed the packet materials Mr. Clow noted. there was some wordsmiihing by Council at the time of the first reading; regarding enforcement, Chief Daily has stated the Police Department is not adequately staffed to monitor all parking requirements in town but if a violation. is called in, they will respond. 't'hey would not be out chalking tires but self enforcement can be effective. There was no public comment Motion: Laurie Meillicntt moved to adopt Ordinance 301 b, amending the 1'nrt Townsend Municil~al (.'ode, (.'hapter .10.04, Parking, .S'ectinn 10.04.190, Two-Hour Parking Limit, to provide, for additional two-hnt[r .spaces on Sheridan .S'treet between 9th and 10th Streets and on 9th Street between Sheridan and CTrant. Kris Nelson .seconded. Vote: motion carried unanimously, 7-0 by voice vote. Ordinance 3017, Creating a new Chapter 12.10 to the Pork Townsend Municipal Code Regulating and Allowing Certain uses on Streets and Sidewalks in the Commercial, Historic Commercial, Mixed Use and Manufacturing Districts; Resolution 09-032, Establishing Fees for Certain Street Uses. Mr. Sepler reviewed the packet materials and. stated that the ordinance is proposed because there are currently no regulations specific to street uses and some street uses are deemed desirable for the City. David King suggested clarifying; the fee schedule by adding to the table "plus annual fee for space" and on page 2 of Exhibit A, add in C, "In addition to the base permit fee" an annual charge for square footage use applies. I-a response to Mr. Randels who questioned the rationale of exempting planter boxes from a renewal fee, Mr. Scplcr noted that planter boxes are less likely to be moved and so would not need monitoring. He added that insurance renewal is a fairly quick administrative process. Mr. Watts also noted that insurance cannot be cancelled without notice to the C~'ity once the initial policy is provided. Ms. Nelson asked why tables and chairs require permits but newspaper sales and parcel boxes do not. Mr. Sepler noted that newspapers are protected as free speech and the City can't prohibit their establishment. C,'ity Cnuracil Business Meeting Page 4 August 3, 2009 Ms. Sandoval expressed. concern about the City's ability to enforce the regulations. Public comment: Pat Teal thanked the Council and staff for being so responsive to her previously expressed concerned and noted. that DASI l would be another interested entity that could help with training and education. Mr. Randcls suggested adding I]ASII to the list of organizations in 12.10.080 (2). Mr. Welch noted that use of the public rights of way dots add vitality to the city and we should be careful about how much we regulate and keep in mind what we are trying to accomplish. Mr. Sepler stated that uses within. two feet of` a building frontage are already allowed; he also noted staff is working wish Main Street about a coordinated plan for benches and similar uses, and. there are many uses that would continue as part of a thoughtful process. 1Vlr. Watts noted that the legislation is proposed because there are no regulations on the books that give staff the regulatory authority to permit tables and chairs and some other uses currently. This will enable the City to respond to requests for those uses as well as to deal with the growing proliferation oFtables and chairs and make sure issues such as the ADA, liability, and insurance requirements can be enforced. Mr. Watts noted that some pertinent existing regulations are listed on Exhibit A and stated that "Sales on Streets and Sidewalks" should be added to that list. Mntinn: Mark Welch moved tv apprm~e Ordinance 3017, Creating a new Chapter 12..10 to the I'nrt Tnwn.send Municipal Cnde Regulating and Allowing [,'ertain uses on Streets and Sidewalks in the Commercial, Hi.stnric Commercial, Mixed l.I.se and Manufacturing Districts and adopt Resolution 0~-032, Fees,for Street Uses with amendments: correction of typographical errnr,s~; addition of Chapter 5.3~ ,Sales vn Streets cznd ,S'idewalks to 12. I0.01(1(S); add addition to hase,fee in ExhibitA F'ee .Schedule (C); crdd DASH to list a f ~arganizatinns in 12.10.080 (2). George Randels seconded. Vale: motion carried., 6-I by voice vole, Laurie Medlicntt opposed. RF,CISS Mayor Sandoval declared a recess at 8:18 p.m. for the purpose of a break. Rl/C:ONVF,NE The meeting was reconvened al 8:34 p.m. City Council Business Meeting Page 5 August 3, 2C)I)9 Mayor Sandoval stated that the Council will go into Executive Session at the end of the meeting. The session regards pending litigation, will take about 20 minutes and no action is anticipated after the meeting is reconvened. Contract Approval W Propane Tank contract City Attorney John Watts reviewed the packet materials. He stated the matter was referred to the 1{inance and Budget Committee which met on July 23 and reeommcn.ded charging rent for the use of City property for propane taiilcs. Ms. Nelson asked. whether the lease will be year to year; Mr. Watts replied that there is no defined long term use and. the lease would be year to year subject to cancellation by either party. Public comment '1'hcre was too public comment. Mntinn: CTeorge Izandels moved to uulhorizc the City Manager to execute a use a~:srcement.fnr location nf'propane tanks nn oily property con.sislenl with Agenda Dill 09- 098. David King seconded. Vote: motion carried unanimously, 7-0 by voice vote. PORT TO'WNSFND SCHOOL ll1STRICT - MOUNTr1IN VIEW LL~SF, A(URF.EIVIEN"I" Mr. Welch recused himself, noting b,e is an employee of the school district, and left the Chambers at 8:42 p.m. Mr. 'Timmons stated that the crap on liability will protect tl~e City in case of a anajor system failure which results in an expenditure that would exceed $25,000. A failure would not relieve the Ciiy of the responsibility of paying the annual fee for rental. He also noted that a detailed. operating budget is being developed. Motion: George Randels moved to aulhorize the ('ity Manager to execute a lease with the .S`chnol District consistent with the Lease Agreement in the agenda packet. Catharine Robinson seconded. Ms. Nelson expressed concerns about not having a clear operating budget in hand; she would appreciate having clarity about the City's financial responsibility prior to approving the lease. ('ity C'auncii Businer,s Meeting Page 6 August 3, ?(109 Mr. Watts ~.~oted that the School Board will be voting on approval of the lease on August 10. Vote: motion carried., 5-1 by voice vote, Laurie Medlicott opposed. itrSOLL1TION 09-031, A[JTIIORIZINt7 TIiI; CITY MANAGER T'O SICN ALL NECESSARY DOCUMENTS ANll CONTRAC'"Y`S FOR THE CONSTRLICTI()N OF THiJ iJPPFR SIN1S WAY iMPItOVEMF~NT PROJECT Mr. Welch returned to the meeting at S:SS p.m. Public Works Director Ken Clow reviewed tl-~e packet materials. He noted that bids have come in very favorably and below estimates. A local bidder has submitted the low bid on the two bids just awarded. Ms. Robinson stated that the County Infrastructure Fund should be listed as a finding source. NIr. C',low said that will be corrected in the documents. Motion: George Randels moved to approve Resolution U9-031, authorizing the City Manager to sign all nece.s.sary documents and contracts for the cnnstruc•tion of the IIppE:r ~S'ims Way Improvement Project, adding the County Infrastructure Fund a.s ca listed soup^ce of revenue. Murk Welch seconded Vole: motion carried unanimously, 7-0 by voice vote. !'RF.SI.DIN( OFFICER'S REPORT Mayor Sandoval noted that Senator Murray has been amenable to discussions about fundinb assistance for transportation and economic development issues. CITY MANAGER'S REPORT Mr. `t'ii~~mons reported. that counts are up at the new Visitors Information Center. Mr. Clow noted that the City is close to withdrawing water from Lords Lake in response the lack of rain. S"l ANDING COMIVIITTE.F., REPORTS 1VlINU'I'ES INCLUDED FROM THE FOLLOWING COMMITTEES: COMMUNITY DEVELOPMENT & LAND USE -JULY 9, 2009 Mr. Randels noted that the CD/LU Committee had another session to discuss the Public Development Authority and has finalized committee work, with remaining issues to be brought back to the Council for final decision. City C.'nuncil Business Meeting Page 7 August 3, 2009 SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION COMMFaNTS FROM CULJN(ryIL EXECUTIVE SESSIUN The Council retired to Executive session at 9:1 f~ to discuss pending litigation involving the City. Staff attending were City Manager David Timmons, City Attorney John Watts and llSD Director Rick Sepler. Mayor Sandoval stated the session would take approximately 20 minutes and no action was anticipated. At 9:40, Mr. Timmons returned to the Chambers and stated the Council would remain in executive session for 20 more minutes. The meeting was reconvened at 10:00. ADJOU1tN "hhere being no further business, the meeting was adjourned at 10:01 p.rn. Attest: 1\ ~ ~~, ~ ~ ,.,~-Q« Pamela Kolacy, MMC City Clerlc City Council Business Meeting Puge 8 August 3, 2009