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HomeMy WebLinkAbout072009CITY OF PORT TO'WNSEND MINUTES OF THE REGLJLAR SESSION OF JULY 20, 2009 C..ALL TO ORDER AND PIaEDGE OF ALLEGIANCE The City Cryouncil of the City of Port Townsend rnet in regular session the iwenthieth day of July 2009, at b:30 p.m. in the Port Townsend City Council Chambers of Ciiy Hall, Deputy Mayor George Randels presiding. RO:I.L CALL Council~ne~~bers 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 Tim~nons, City Attorney Jolui 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. 1'RI{;SI~~N7'ATI()N(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' 'Where was no public comment. CONSENT AGENDA Mntinn: David King moved to approve the.fnllnwing items on the can,sen! agenda with corr•ectinns to the minutes. Al~prnval of hills, claims and warrants: F,I'Ts in the arrtaunt of $38.92 City C:ouncill3arsiness Meeting !'age: I July 20, 2009 Vouchers 108429 through 108449 in the amount oj'$2, 714.64 Vouchers 108S7G through 108578 in the amount of $2,592.14 Vouchers 108450 through 108566 in the amount of $169,271.86 Vouchers 108567 (plus EFT.s) through 108575 in the amount ~f $103, 006.13 EFT in the amount of $12,30S.S9 Approval of minutes: June 8, 2009 (substitute Kris Nelson,for Brent Butler, correct two typogrcphical errors and Insert "inCOiYle"between "mixed" and "hOZlsing" in third paragraph above crdjaurnment). ,lime 2S, 2009 (add "he" between "to"and "completed" in,first paragraph, page 2, correct one typographical error) .Iunc 29, 2009 (.second paragraph• from bottom, pad;=e 3, in patens change bu.sines.s "operator" to "owner" and "business" to "building" owner, correct one typographical error) July 6 2009 (correct spelling in public comment to Michelle Grupe) Approval of Resolution 09-030 endorsing the 2009 Port I ownsend Film Festival and waiving rental_fee,fc~r the use oj'the Pope Marine Building. Ccxtharine Robinson seconded. Vole: motion carried unanimously, 6-0 by voice vote. PUBLIC HEARING(S) There were no public hearings scheduled. UNFINISHED [3t1S1NESS 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 .lobo 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 ordinance. 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 application can be made. (_'ity Cnuracil L3u.riness Meetln,~ Page 2 .Iul>> 20, 2009 Ms. Robinson asked whether the crime of larceny includes burglary or whether that has to be stated specifically. Mr. Watts will research prior to second reading of the ordinance. Mr. lZandels 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 I`elonies 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 attd wondered whether a fixed time in the evening i.s 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. ]tandcls questioned the exclusion of door to door solicitation for services as being exempt Isom registration, in contrast to casual sales of seasonal articles, etc., which are exempt. He noted this could affect non profit and youth organizations. Ile asked how we could rraake 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. 1Vledlicott stated she supports the 6 p.m. cutoff time because that is generally "faintly" tune when people should not be interrupted. Motion: David King moved to approve, first reading of Ordinance 3014, Regulating .S'nlicitors ofSales of (ponds and Services and Repealing Port Townsend Municipal Code C"haters 5.72 Door to Dnnr .S'ales License and 5.881'eddlers, Solicitors and Canva,s.ser,s. Kris Nelson seconded. ijale: motion carried unanimously, 6-0 by voice vote. NEW BUSINESS Contract Approval -Propane Tank on City Property Crly Gnuncil Business Meeting Page 3 July 20, 2009 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.. `1'he City has no policies, rules, or guidelines 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 wish 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 if there are asry other examples of uses that are free of fees. She also asked low 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 tl~e City to a cell tower company. fhcrc was no public comment. Tn response to Mrs. Medlicott, Mr. Watts stated that the fees for the cell tower lease can be set by looking at comparable 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 ita 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 lie agrees that the general issues should be referred to committee; he stated lie 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. 1~'or cxaxx~ple, 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. Catty (..'nuncil Business Meetivtg Page 4 ,luly 20, 2()t)9 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 ~aot an immediate urgency to creating the lease. ile added that another option would be to underground the tank but that would. probably still require some Ciiy 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. l:lc 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 ('ouncil agrees to allow the use, the applicant would need to go through all the permitting requirements, including fire code. Motion: Catharine l~obinsnn moved to refer the issr~e to Finance acrd Budget Cornmittec .for review and recommendation. Mark Welch secnrided. huff:: motion carried unanimously, ~-0hy 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 e-mail from DSHS supporting the new parking regulations. He reviewed the packet materials anal 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 1]epart~nent. [.'ity Council £3usines's Meeting Page S Jzrly 20, 2pQ9 Motion: Hark Welch moved to approve .fr.rs4 reading of Ordinance 3016, amending the Port I nwnsend .Hunicipal Code, C.'hapter 10.04, Parking, ~S'ectinn 10.04.190, Two-Hour Pctrking Limit, to prnvide,for additional two-hour sl~ace.s nn Sheridan Street between 9th and 10th ~S'treets and on 9th ,S'treet between Sheridan and Grant. Catharine Rohin,son secnndecl Vote: motion carried unanimously, 6-0 by voice vote. Mr. Randels stated if there are enforcement or other issues in the neighborhood t11c 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 edits were accepted without objection.. ~rcFSs Deputy Mayor Randels declared a recess at 7:53 p.rn. for the purpose of a break. The meeting was reconvened at 8:00 p.m. POIL7' TOWNSF..ND SCHOOL, UISTRI:CT -MOUNTAIN VIEW LFASE AGREhM.ENT Mr. Welch recused himself, stating although he has no persona] :(.financial interest i.n in the matter, he is an employee of tl~e 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 if the School Iistrict must approve all tenants in the Mow~tain View Building. Mr. Timmons confirmed. Public Comment Paul Richmond - spoke against the lease and objected. to housing the Police Departmerxt 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 dais is not the way the current version of the lease reads. Mrs. Robinson noted that the lease provides that the City Council L3usines's' Meeting Pcxge G July 20, ?009 School District can occupy the building for uses it deems appropriate and asked if this means ocher uses could be bumped after they were in place. Mr. 'I'iinmons stated it is the intent that the School District would give two years notice prior to occupying the building. Alter several more comments on the specifics of the draft lease, Mr. Timmons noted thal these issues are being addressed and it would be premature for the 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 a~ot an asset to tl~e community. Mr. Randels asked That "municipal purposes" be defined. and that staff clarify whether the the sub-leases n~.usi be for "municipal purposes" as well. lTe 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. 1~1±;Ql1EST FOR T.H.F.. C:[TY TO LEASE LAND IINDER'I"HE OLD "VISITORS INI+ORM:ATION CI~NTER (VIC) "hO THE CHAMI[iER OF (ryOMMERCR. Ms. Nelson stated she would recuse herself` from the discussion because she is an oflicer of` the Chamber of Commerce Board, although she has no personal financial interest in the matter. She lefi the meeting at 8:45 p.m. Mr. Timmons reviewed the packet materials; he stated that the question before Cowicil 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. Tn response to Ms. Robinson's question about the possibility of using tl~.e land for a ferry bolding area and use of the bathrooms in the current building, Nlr. Sepler stated that option leas 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. M.edlicott asked whether the City can own property which is leased for commercial pwposes. Mr. Timmons noted a short term lease is allowed if the City can show it is holding the property for firture public use. City Council Business Meeting Prx~e 7 July 2O, ?009 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 tern 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 comtnittnent and agreed more details treed to be presented. Mr. Randels siated that once the Chamber completes their :proposal, the Finance & Budget Committee can review. Motion: C7eor,~e Randels moved to request the Chamber Bresent the ~rono,sed use to the (.'ily Council once they know the Bronn.sed use can he permilter~ then the issue can be referred to the Finance & Budget Cnmmittee,for review and recommendation to the C'auncil. Mark Welch seconded. Vote: motion carried unanimously, 5-0 by voice voce. Ms. Nelson returned to the meeting at 8:59 p.m. ()RDINAIVCE 3017, CREATING A NEW CHAPTER 12.10 7"O THE POI2"[' TO"WNSF..ND 1V[UNICIPAL CODE REGIJLAT.[NG AND AI.aL()WINC„ CERTAIN USES ON STREETS AND S[ [)EWALKS IN r['[ IE COMMI{,RCIAL, HISrI'ORIC. COMMERCIAI~, 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."). 1Vlr. 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 disahled. 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, 1Vlr. Sepler siated 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. City Cozencil Business Meeting Page 8 July 20, 204 Mrs. Medlicoti asked if all sidewall~ uses like clothing racks, glass sculptures etc. would be subject to the ordinance. Mr. Scplcr stated they would. lay response to a comment i'rom Mr. Randels, Mr. Scpler stated. staff will clarify l~ulguage regarding the permittee's "ability to pay" to indicate that a perceived inabi.l.ity io pay would result in a higher performance bond. Mntinn: Catharine Robinson moved to apprnve.first reading ~f~t7rdinance 3f)17, L:rcaling cr new Chapter 12.10 to the Port Townsend Municipal Cade Rc~,=Mating and Allowing Certain uses on Streets and Sidewalks in the Commercial, Hisluric Commercial, Mixed 11se and Manufacturing Districts. Kris Nelson seconded Vote: motion carried unanimously, 6-0 by voice vote. PRESIDING OFFICER'S REPORT Volunteer Advisory Board Appointment Motion: Dczvid King moved to accept the Mayor's recommendation and confirm the appoinlrncnl of ~Crcrig Wier to the Housing Action Plan Network Cammittec. C'cztharine Robinson seconded. Vale: motion carried r~nanimnusly, F-0 by voice vote. CITY MANAGER'S REPORT Mr. 'Timmons reported on the following: .Lune revenues Monroe street traffic revision Sims Way bid. opening this Thursday Parks Manager STANDING COMMITTEE REPORTS Sl1GGESTI[)NS FO:R NEXT" Olt FUTURE A(;FNDA, REGULAR MrETI:NG AND/OR STUDY SESSION COMMENTS :FROM COUNCIL, EXI+~CLITIVE SESSION There was no executive session. City ('nuncil Business Meeting Page 9 July 20, 2009 Al)JOLI RN There being no further business, the meeting was adjourned. at 9:29 p.m. llttest: \~ ~ - ~~-- Pamela Kolacy, MMC City Clerk Cily (.'nuncil BaASiness N/e.~ling Page 10 July 20, 2009