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Home My WebLink About072009l DRAFT CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF JULY 20, 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, and Mark Welch with Michelle Sandoval excused. Staff members present were City Manager David Timmons, City Attorney John Watts, DSD Director Rick Sepler, Public Works Director Ken Clow, and City Clerk Pam Kolacy . CHANGES TO THE AGENDA There were no changes to the agenda. PRESENTATION(S) Public Art Selection Panel Process -Kris Morris Kris Morris outlined the Public Art Selection Panel process. Main Street Quarterly Update Susan Windle presented Main Street's quarterly update. COMMENTS FROM THE PUBLIC There was no public comment. CONSENT AGENDA Approval of Bills, Claims and Warrants Approval of Minutes: June 8, 2009 June 25, 2009 June 29, 2009 July 6, 2009 Resolution 09-030, endorsing the 2009 Port Townsend Film Festival and waiving rental fee for use of the Pope Marine Park Building. Motion: David King moved fo approve fhe following ifems on the consent agenda with con-ections to the minutes. City Council Business Meeting July 20, 2009 Page 1 of 9 DRAFT Approval of bills, claims and warrants: EFTs in the amount of $38.92 Vouchers 108429 through 108449 in the amount of $2, 714.64 Vouchers 108576 through 108578 in the amount of $2, 592.14 Vouchers 108450 through 108566 in the amount of $169,271.86 Vouchers 108567 (plus EFTs) through 108575 in the amount of $103,006.13 EFT in the amount of $12,305.59 Approval of minutes: June 8, 2009 (substitute Kris Nelson for Brent Butler, correct two typographical errors and insert "income"between "mixed"and "housing"in third paragraph above adjournment). June 25, 2009 (add "be"between "to"and "completed" in first paragraph, page 2, correct one typographical error) June 29, 2009 (second paragraph from bottom, page 3, in parens change business "operator" fo "owner" and "business" to "building" owner, correcf one typographical error) July 6 2009 (correct spelling in public comment to Michelle Grupe) Approval of Resolution 09-030 endorsing the 2009 Port Townsend Film Festival and waiving rental fee for the use of the Pope Marine Building. Cafharine Robinson seconded. Vote: motion carried unanimously, 6-0 by voice vote. PUBLIC HEARING(S) There were no public hearings scheduled. 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 Attorney Bohn Watts reviewed the packet materials. In response to Ms. Nelson, Mr. Watts stated that the material in bold letters is informational for the Council, not part of the proposed orclinance. In response to a question from Mr. Welch, Mr. Watts stated that the applicant would pay for the required police background check as part of the application fee and the time limit for the Police to complete the check is ten days. He also clarified that a license revocation is limited to five years before another app{ication can be made. Ms. Robinson asked whether the crime of larceny includes burglary or whether City Council Business Meeting July 20, 2009 Page 2 of 9 DRAFT that has to be stated specifically. Mr. Watts will research prior to second reading of the ordinance. Mr. Randels asked about how the felony must "relate" to the regulated business. Mr. Watts noted the state law provides that political subdivisions can't deny a license to a former felon unless the felony has some sort of relationship to the business being licensed. If the business activitity is selling door to door then the former conviction for assault could be a qualifying felony. The qualifying felonies listed in the ordinance are deemed to be related to the selling of goods door to door. Public Comment Paul Richmond noted that there are different classes of felonies which have different sentencing standards. Mr. Randels stated that he believes 9 a.m. is too early for door to door solicitors to begin knocking on doors and wondered whether a fixed time in the evening is appropriate as it is light much later in the summer and gets dark much earlier in the winter. Other Council members did not express concerns about the timeframe stated in the ordinance. Mr. Randels questioned the exclusion of door to door solicitation for services as being exempt from registration, in contrast to casual sales of seasonal articles, etc., which are exempt. He noted this could affect non profit and youth organizations. He asked how we could make this differentiation between products and services. Mr. Watts stated that the basis of the distinction is that there appear to be more abuses linked to sales of services than to sales of goods. He believes it is a reasonable provision and it would not pose the issue of a challenge. Mr. Randels stated he may revisit the issue on second reading. Mrs. Medlicott stated she supports the 6 p.m. cutoff time because that is generally "family" time when people should not be interrupted. Motion: David King moved to approve first reading of 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. Kris Nelson seconded. Vote: motion carried unanimously, 6-0 by voice vote. NEW BUSINESS Contract Approval -Propane Tank on City Property Mr. Watts reviewed the packet materials. He stated a request has come forward from property owners who wish to locate a second propane tank on City property where a tank is currently placed. The City has no policies, rules, or guidelines City Council Business Meeting July 20, 2009 Page 3 of 9 DRAFT from Council that would allow this and staff needs guidance for this particular situation as to whether the City Manager should be allowed to enter into a use agreement with property owners to allow the new tank and the existing tank and whether or not a fee should be charged for this type of use of City property. Ms. Nelson asked if there are any other examples of uses of this sort. She also asked if there is a difference between use of City property and City rights of way. She also asked 'rf there are any other examples of uses that are free of fees. She also asked how many tenants are served by the tanks. Mr. Watts stated he believes 5 tenants are served by the tank. He also confirmed that staff is distinguishing between use of City property and City rights of way. He stated that some rights of way have long standing uses for such things as garbage dumpsters. The only other example he could cite regarding private use of City property is property leased by the City to a cell tower company. There was no public comment. In response to Mrs. Medlicott, Mr. Watts stated that the fees for the cell tower lease can be set by looking at cromparable lease situations around the peninsula and the state. Mr. Welch stated he would encourage the Council to authorize a short term agreement and look at the long term impacts later so this isn't done in a piecemeal way. Ms. Robinson suggested that this item be referred to the Finance and Budget Committee to look at in a larger context. Mr. Randels asked about insurance and Mr. Watts stated that a lease agreement would require that there was insurance in place. Mr. Randels stated he agrees that the general issues should be referred to committee; he stated he does not see any substantive policy reason why rental fees can't be applied to both city property and city rights of way. Ms. Nelson stated that the City needs a larger policy. She asked if there are propane tanks on rights of way in town; Mr. Watts stated he believes there are. She agreed everything has a value but it is hard to tell where to draw the line. For example, trash receptacles vs. tables and chairs; and would this be applied retroactively or start with new uses. Mr. Watts stated that some businesses have no other area to place a trash receptacle. New construction does require that the building or property house the trash receptacle but in some historic situations it is not possible. In response to Mrs. Medlicott, Mr. Watts stated this is based primarily on business requirements and a recommendation from the propane company so there is not City Council Business Meeting July 20, 2009 Page 4 of 9 DRAFT an immediate urgency to creating the lease. He added that another option would be to underground the tank but that would probably still require some City property. Mrs. Medlicott stated this information should be given to the Finance & Budget Committee. Mr. King stated that he does favor a separation of uses in the right of way and uses on city property. He is concerned about liability insurance and fire safety issues. He also noted there can be orientation issues with propane tanks. Mr. Watts stated that if the Council agrees to allow the use, the applicant would need to go through all the permitting requirements, including fire code. Motion: Catharine Robinson moved to refer the issue to Finance and Budget Committee for review and recommendation. Mark Welch seconded. Vote: motion carried unanimously, 6-0 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 provided an a-mail from DSHS supporting the new parking regulations. He reviewed the packet materials and noted that building owner Jim McCarron is present. He stated the construction is completed and hospital staff will be moving in later this fall. The parking in question is adjacent to the building. Ms. Nelson asked who would patrol the area to enforce the two hour parking. Mr. Clow stated the local Police would do that although they would probably learn of infractions through reports by citizens; they would not be able to patrol and enforce as regularly as the downtown area. Public comment: Jim McCarron spoke in favor of the ordinance. Ms. Robinson stated she thought the apartment on Grant had parking for the residents and that the spaces facing grant were for guests. Mr. Clow stated that the code doesn't always cover all the parking needed for multiple unit dwellings but they probably would not use this parking. Ms. Nelson spoke in favor and reiterated that she is somewhat worried about whether enforcement would impact the Police Deparement. Motion: Mark Welch moved to approve frrst reading of 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 City Council Business Meeting July 20, 2009 Page 5 of 9 DRAFT Sheridan and Grant. Catharine Robinson seconded. Vote: motion carried unanimously, 6-0 by voice vote. Mr. Randels stated if there are enforcement or other issues in the neighborhood the issue can be revisited. Ms. Robinson noted two edits to the ordinance: on third WHEREAS last line, two hour parking to facilitiate "the their"- "the" should be removed; also on page 2, item "Q" should read "from Sheridan Street to Grant Street." The edfts were accepted without objection. RECESS Deputy Mayor Randels declared a recess at 7:53 p.m. for the purpose of a break. The meeting was reconvened at 8:00 p.m. PORT TOWNSEND SCHOOL DISTRICT -MOUNTAIN VIEW LEASE AGREEMENT Mr. Welch recused himself, stating although he has no personal financial interest in in the matter, he is an employee of the School District. Mr. Timmons reviewed the packet materials and stated that staff is still working out details and at this point is not requesting final action this evening. He said he would like consensus to continue in this direction and that a lease with more details worked out will be presented at the August 3 meeting. Ms. Nelson asked ff the School District must approve all tenants in the Mountain View Building? Mr. Timmons confirmed. Public Comment Paul Richmond - spoke against the lease and objected to housing the Police Department at the Mountain View building. He provided written comments for the record. Julie Jaman also spoke against the lease. Ms. Robinson asked about the responsibility for repairs. Mr. Timmons stated that the City does want to set some limits on repairs to the building and this is not the way the current version of the lease reads. Mrs. Robinson noted that the lease provides that the School District can occupy the building for uses it seems appropriate and asked if this means other uses could be bumped after they were in place. Mr. Timmons stated it is the intent that the School District would give two years notice prior to occupying the building. After several more comments on the specifics of the draft lease, Mr. Timmons noted that these issues are being addressed and it would be premature for the City Council Business Meeting July 20, 2009 Page 6 of 9 DRAFT Council to take action tonight. Comments were also made regarding the fact that the decision to close the building was made by the School District and that a building sitting vacant for several years is not an asset to the community. Mr. Randels asked that "municipal purposes" be defined and that staff clarify whether the the sub-leases must be for "municipal purposes" as well. He suggested adding the "approval shall not be withheld unreasonably" clause be added on page 13. Mr. Welch returned to the meeting at 8:44 p.m. REQUEST FOR THE CITY TO LEASE LAND UNDER THE OLD VISITORS INFORMATION CENTER (VIC) TO THE CHAMBER OF COMMERCE Ms. Nelson stated she would recuse herself from the discussion because she is an officer of the Chamber of Commerce Board, although she has no personal financial interest in the matter. She left the meeting at 8:45 p.m. Mr. Timmons reviewed the packet materials; he stated that the question before Council is whether they want to explore the option of leasing the land to the Chamber. Mr. King stated he would rather know the proposed use prior to discussing the lease issue. Mr. Welch agreed and stated he would be hesitant to tie up the property long term. In response to Ms. Robinson's question about the possibility of using the land for a ferry holding area and use of the bathrooms in the current building, Mr. Sepler stated that option has been deferred since Indian Point is not being developed; the holding area has adequate room for the foreseeable future. Public comment: There was no public comment. Mrs. Medlicott asked whether the City can own property which is leased for commercial purposes. Mr. Timmons noted a short term lease is allowed if the City can show it is holding the property for future public use. In response to Mr. Randels, Mr. Timmons noted that the Chamber's obligation to remove the building would remain at the end of the short term lease. Mr. Randels stated he believes any lease would have to be negotiated at a fair market rate and agreed that it is difficult to make an informed judgment without more information on the proposed use. Mr. Timmons noted he is concerned about making a premature commitment and City Council Business Meeting July 20, 2009 Page 7 of 9 DRAFT agreed more details need to be presented. Mr. Randels stated that once the Chamber completes their proposal, the Finance & Budget Committee can review. Motion: George Randels moved to request the Chamber present fhe proposed use to the City Council once they know the proposed use can be permitted, then fhe issue can be referred to the Finance & Budget Committee for review and recommendation to the Council. Mark Wetch seconded. Vote: motion carried unanimously, 5-0 by voice vote. Ms. Nelson returned to the meeting at 8:59 p.m. 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. Mr. Sepler reviewed the packet material and noted a typographical error on page 5 of 6 ("commercial grade not grad"). Mr. Sepler noted a fee resolution will accompany the ordinance at second reading. Public Comment: Pat Teal stated she is grateful there are several references to ADA and hopes the ordinance can go further to make sidewalk uses friendly and accommodating to the disabled. She stated that public education is an important component as well as enforcement of the ADA requirements. In response to Mr. King's question about citing specific dimensions, Mr. Sepler stated they are incorporated by reference; some sidewalk areas are more problematic and each will need a site visit and assessment. Ms. Robinson suggested enlisting the Chamber and Main Street to help with dissemination of information. She asked if the standards and guidelines referred to in the text would come back to Council; Mr. Sepler stated that when the Council has given staff the policy direction they will develop the rest. Mrs. Medlicott asked if all sidewalk uses like clothing racks, glass sculptures etc. would be subject to the ordinance. Mr. Sepler stated they would. In response to a comment from Mr. Randels, Mr. Sepler stated staff will clarify language regarding the permittee's "ability to pay" to indicate that a perceived inability to pay would result in a higher performance bond. Motion: Catharine Robinson moved to approve first reading of Ordinance 3097, Creating a new Chapter 92.90 to the Port Townsend Municipal Code Regulating and Allowing Certain uses on Streets and Sidewalks in the Commercial, Historic City Council Business Meeting July 20, 2009 Page 8 of 9 DRAFT Commercial, Mixed Use and Manufacturing Districts. Kris Nelson seconded. Vote: motion carried unanimously, 6-0 by voice vote. PRESIDING OFFICER'S REPORT Volunteer Advisory Board Appointment Motion: David King moved fo accept the Mayor's recommendation and confirm the appointment of Craig <Mer to the Housing Action Plan Network Committee. Catharine Robinson seconded. Vote: motion carried unanimously, 6-0 by voice vote. CITY MANAGER'S REPORT Mr. Timmons reported on the following: June revenues Monroe street traffic revision Sims Way bid opening this Thursday Parks Manager STANDING COMMITTEE REPORTS SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION COMMENTS FROM COUNCIL EXECUTIVE SESSION There was no executive session. ADJOURN There being no further business, the meeting was adjourned at 9:29 p.m. Attest: Pamela Kolacy, MMC City Clerk City Council Business Meeting July 20, 2009 Page 9 of 9