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Home My WebLink About080309DRAFT CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF AUGUST 3, 2009 CALL TO ORDER AND PLEDGE OF ALLEGIANCE 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 Director Rick Sepler, Police Chief Conner Daily, Police Sergeant Ed Green, and City Clerk Pam Kolacy . CHANGES TO THE AGENDA No changes to the agenda were proposed. PRESENTATION(S) Department of Ecology Awards: Wastewater Treatment 8~ Compost Facilities Pat Bailey from 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. COMMENTS FROM THE PUBLIC There were no comments from the public CONSENT AGENDA Approval of Bills, Claims and Warrants Approval of Minutes: July 13, 2009 Resolution 09-029, establishing the Parks, Recreation and Tree Advisory Board and providing scope of work, membership composition, terms of office, and procedural rules. Motion: Catharine Robinson moved to approve the following items on the consent agenda with corrections to the July 13, 2009, minutes (change "individuals" to "entities" in second paragraph, second line Sign Code Departures; and add "outside the Historic District" after "commercial review" in third line of last paragraph on page 1) and correction of typographical error in Resolution 09-029 (strikefhrough City Council Business Meeting August 3, 2009 Page 1 of 8 DRAFT "and" in Section 2 (2) first line). Approval of Bills, Claims and Warrants Vouchers 108579 through 108598 in the amount of $12, 241.05 Vouchers 108687 through 108702 in the amount of $13,632.13 Approvat of minutes for July 13, 2009 as corrected Resolution 09-029, establishing the Parks, Recreation and Tree Advisory Board and providing scope of work membership composition, terms of office, and procedural rules. George Randels seconded. Vote: motion carried unanimously, 7-0 by voice vote. PUBLIC HEARING(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 Council members stated they had financial or property interests in the issue to disclose. Mayor Sandoval and Ms. Nelson both noted their businesses have existing sandwich boards on Water Street. John Watts reviewed the packet material. He noted the interim ordinance was adopted on July 6, 2009 and that the Growth Management Act requires that the City hold a public hearing within 60 days of adoption of an interim ordinance and, if the ordinance is extended, adopt findings in support of the ordinance. Public Testimony: There was no public testimony. Motion: George Randels moved to approve 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. David King seconded. Vote: motion carried unanimously, 7-0 by voice vote. UNFINISHED BUSINESS 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 City Council Business Meeting August 3, 2009 Page 2 of 8 DRAFT John Watts reviewed the packet materials, noting that first reading was passed by the Council on July 20, 2009. Public comment: There was no public comment Mr. Randels stated he is still concerned 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 are 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 Council. Public comment: There was no public comment Motion: David King moved to adopt Ordinance 3094, 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 with change in language on section 7 page 7 to add "if offered by minor individuals." Mark Welch seconded. Vote: motion carried unanimously, 7-0 by voice vote. Ordinance 3016, amending the Port Townsend Municipal Code, Chapter 10.04, Parking, Section 10.04.190, Two-Hour 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 wordsmithing 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. They would not be out chalking tires but self enforcement can be effective. There was no public comment City Council Business Meeting August 3, 2009 Page 3 of 8 DRAFT Motion: Laurie Medlicott moved to adopt Ordinance 3016, amending the Port Townsend Municipal Code, Chapter 10.04, Parking, Secfion 10.04.190, Two-Hour Parking Limit, to provide for additional fwo-hour spaces on Sheridan Street between 9th and 10th Streets and on 9th Street between Sheridan and Grant. Kris Nelson seconded. Vote: motion carried unanimously, 7-0 by voice vote. Ordinance 3017, Creating a new Chapter 12.10 to the Port 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. In response to Mr. Randels who questioned the rationale of exempting planter boxes from a renewal fee, Mr. Sepler 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 adminstrative process. Mr. Watts also noted that insurance cannot be cancelled without notice to the Gity 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. 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 DASH would be another interested entity that could help with training and education. Mr. Randels suggested adding DASH to the list of organizations in 12.10.080 (2). Mr. Welch noted that use of the public rights of way does 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. City Council Business Meeting August 3, 2009 Page 4 of 8 DRAFT Mr. Sepler stated that uses within two feet of a building frontage are already allowed; he also noted staff is working with 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. Mr. 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 of tables 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. Motion: Mark Welch moved to approve Ordinance 3017, Creating a new Chapter 12.10 fo the Port Townsend Municipal Code Regulating and Allowing Certain uses on Streets and Sidewalks in fhe Commercial, Historic Commercial, Mixed Use and Manufacturing Districts and adopt Reso/ufion 09-032, Fees for Street Uses with amendments: correction of typographical errors; addition of Chapter 5.32 Sales on Streefs and Sidewalks to 12.10.010 (5); add addition to base fee in Exhibit A Fee Schedule (C); add DASH to list of organizations in 12.10.080 (2). George Randels seconded. Vote: motion carried, 6-1 by voice vote, Laurie Medlicott opposed. RECESS Mayor Sandoval declared a recess at 8:18 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:34 p.m. Mayor Sandoval stated that the Council will go into Exectutive 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 -Propane Tank contract City Attorney John Watts reviewed the packet materials. He stated the matter was referred to the Finance and Budget Committee which met on July 23 and recommended charging rent for the use of City property for propane tanks. 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. City Council Business Meeting August 3, 2009 Page 5 of 8 DRAFT Public comment There was no public comment. Motion: George Randels moved to authorize the City Manager to execute a use agreement for location of propane tanks on city property consistent with Agenda Bill 09-098. David King seconded. Vote: motion carried unanimously, 7-0 by voice vote. PORT TOWNSEND SCHOOL DISTRICT -MOUNTAIN VIEW LEASE AGREEMENT Mr. Welch recused himself, noting he is an employee of the school district, and left the Chambers at 8:42 p.m. Mr. Timmons stated that the cap on liability will protect the City in case of a major system failure which results in an expenditure that would exceed $25,000. A failure would not relieve the City 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 authorize the City Manager to execute a lease with the School 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. Mr. Watts noted that the School Board will be voting on approval of the lease on August 10. Vote: motion carved, 5-7 by voice vote, Laurie Medlicott opposed. RESOLUTION 09-031, AUTHORIZING THE CITY MANAGER TO SIGN ALL NECESSARY DOCUMENTS AND CONTRACTS FOR THE CONSTRUCTION OF THE UPPER SIMS WAY IMPROVEMENT PROJECT Mr. Welch returned to the meeting at 8:55 p.m. Public Works Director Ken Clow reviewed the 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. Mr. Clow said that will be corrected in the documents. Motion: George Randels moved to approve Resolution 09-031, authorizing the City Manager to sign a!/necessary documents and contracts for the construction of the City Council Business Meeting August 3, 2009 Page 6 of 8 DRAFT Upper Sims Way Improvement Project, adding the County Infrastructure Fund as a listed source of revenue. Mark Welch seconded. Vote: motion carried unanimously, 7-0 by voice vote. PRESIDING OFFICER'S REPORT Mayor Sandoval noted that Senator Murray has been amenable to discussions about funding assistance for transportation and economic development issues. CITY MANAGER'S REPORT Mr. Timmons 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 the lack of rain. STANDING COMMITTEE REPORTS MINUTES 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. SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION COMMENTS FROM COUNCIL EXECUTIVE SESSION The Council retired to Executive session at 9:16 to discuss pending litigation involving the City. Staff attending were City Manager David Timmons, City Attorney John Watts and DSD 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. ADJOURN There being no further business, the meeting was adjourned at 10:01 p.m. City Council Business Meeting August 3, 2009 Page 7 of 8 DRAFT Attest: Pamela Kolacy, MMC City Clerk City Council Business Meeting August 3, 2009 Page 8 of 8