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HomeMy WebLinkAbout071513 CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF JULY 15, 2013 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The Port Townsend City Council met on the fifteenth day of July, 2013, in the Council Chambers at 540 Water Street. The meeting was called to order at 6:30 p.m. by Mayor David King. ROLL CALL Councilmembers present at roll call were Robert Gray, David King, Kris Nelson, Michelle Sandoval, Deborah Stinson, and Mark Welch with Catharine Robinson excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, City Engineer David Peterson, Police Chief Conner Daily, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mayor King noted that the Council will have an Executive Session at the end of the meeting to discuss a personnel issue. No action will be taken. COMMENTS FROM THE PUBLIC Public Comment: Rick Jahnke regarding the Library. O'Neill Louchard regarding "smart meters." Jim Todd regarding importance of publishing agendas and minutes of all boards and commissions on the internet. CONSENT AGENDA Bills, Claims and Warrants: Electronic Fund Transfers (EFTs) in the amount of$24.08 EFTs in the amount of $10,518.13 Vouchers 121079 through 121088 in the amount of$230,308.25 Vouchers 120986 through 121078 in the amount of $145,654.67 Voucher 120985 in the amount of$771.42 Approval of Minutes: June 10, 17, and 24, 2013 City Council Business Meeting July 15, 2013 Page 1 of 8 Motion: Deborah Stinson moved to approve the consent agenda. Kris Nelson seconded. Vote: motion carried unanimously, 6-0 by voice vote. PUBLIC HEARING Six-Year Transportation Improvement Program (TIP) Public Hearing and Resolution 13-020 approving the 2014-2019 Six-Year Transportation Improvement Program and Authorizing the City Manager to Submit this to the State Mayor King reviewed the procedure for public hearings. No Council members declared any financial or property interest in the matter. City Engineer David Peterson and Public Works Director Ken Clow provided the staff report. It was noted that the Council is required to adopt a 6-Year Transportation Program annually. The TIP includes only arterials and collector streets which are eligible for Federal Aid. The entire transportation plan for the City is contained in the Transportation Functional Plan and the Non-Motorized Plan. The projects are ranked in order according to prioritization criteria which is included in the materials. He noted minor corrections including a mis- numbering. Estimated costs are ballpark, to get a general idea of the magnitude of the project. Clarifying questions from the Council, included review of the Howard Street project, the priority of the Landes Street sidewalk, and a suggestion that bullets rather than numbers be used on the "Prioritization Criteria" (attachment 3). Staff will make that change. The Mayor then called for public comment. There was no public comment. Mr. Gray stated he would like more dialogue with the public, particularly input from those who live on the named streets. Motion: Mark Welch moved to approve Resolution 13-020, approving the 2014- 2019 Six-Year Transportation Improvement Program and authorizing the City Manager to submit this to the State of Washington. Michelle Sandoval seconded. Vote: motion carried, 5-1 by voice vote, Robert Gray opposed. UNFINISHED BUSINESS Authorization for the City Manager to award the bid and execute the contract for the purchase of Ultraviolet Disinfection (UV) System Equipment for the Water Treatment Facility. City Council Business Meeting July 15, 2013 Page 2 of 8 Mr. Peterson and Mr. Clow presented the staff report. Mr. Peterson noted that the UV equipment was bid separately so it could be purchased ahead of time. The bid came in under the engineer's estimate. The equipment also had to go through approval by the Department of Health. Once approved, shop drawings can be procured and design can proceed. All financial impacts appear to be on track to be under budget. Brief Council discussion ensued, with some clarifying questions about the bid process and Department of Health approval. It was confirmed that this is a standard model unit, not specially designed equipment. There was no public comment. Motion. Mark Welch moved to authorize the City Manager to award the bid and execute a contract with Xylem-WEDECO Products for the purchase of UV equipment for the Water Treatment Facility. Robert Gray seconded. Vote: motion carried unanimously, 6-0 by voice vote. NEW BUSINESS Ordinance 3093, Amending and Updating PTMC Chapter 16.04, Building Code City Attorney John Watts noted this is essentially a housekeeping matter which updates the Port Townsend Municipal Code to reflect 2012 amendments to the State Building Code. Mr. Watts stated that Building Official Mike Hoskins has requested to amend the ordinance to adopt the Energy Code but delay the date of implementation until September 1, 2013 to allow projects already in progress to be submitted and permitted without creating economic burden to contractors already bound by budget and contracts. He said this would be consistent with other jurisdictions on the Peninsula. There was a question of whether the date was 2014 or 2013 but Mr. Watts will clarify with staff. Council discussion ensued, including whether this causes undue hardship to builders, and the role of local amendments (cannot adopt anything less restrictive than State regulations). There was no public comment. Motion: Michelle Sandoval moved to approve first reading of Ordinance 3093 with amendment, Amending and Updating PTMC Chapter 16.04 to Incorporate the 2012 International Building Code (with Appendices J and M), 2012 International Residential Code (with Appendices B and K), 2012 International Mechanical Code, 2012 International Fire Code (with Appendices B, C, D107, E and F), 2012 Uniform Plumbing Code, 2012 International Energy Conservation Code, 2012 International Existing Building Code, 2012 International Code Council Performance Code for Buildings and Facilities City Council Business Meeting July 15, 2013 Page 3 of 8 (including Appendices A, 8, C, D, and E) and Current Codes Relating to the Washington State Energy Code; and Related Washington Administrative Code Changes, with Changes and Exceptions as set forth in this ordinance, as amended to make the Energy Code effective September of 2013. Mark Welch seconded. Vote: motion carried unanimously, 6-0 by voice vote. Free Speech and Sidewalk Regulations - Ordinance 3091 Providing for Regulations Concerning Sidewalks and Ordinance 3092 Providing for Regulations Concerning Parks City Attorney John Watts presented the staff report. He noted the issue before Council is the potential reasonable time,place and manner restrictions on free speech activity on City rights of way, which includes sidewalks. He stated this is not about abridging freedom of speech rights. The legal framework is clear that governments can place reasonable time, place and manner restrictions on the use of public space for first amendment activity. No one has the right to unlimited, unrestricted use of public spaces for their own purposes. He reviewed current case law on the subject. Mr. Watts noted that during the last Wooden Boat Festival, the City (on advice of insurance company) adopted some regulations to limit use of the rights of way during festivals. He noted the issue has been reviewed by the Special Projects Committee at two meeting and he reviewed their recommendations as listed on the agenda bill. Mr. Watts clarified that the definition of "use" prevents the ordinance from being over broad. It was suggested that 11.01.030 (4) reference the exact section regarding "use" as 11.01.020 (4) rather than "the Definition section above." Councilor Sandoval reviewed the Special Projects Committee discussions. Police Chief Daily noted that the individual currently using the space in Pope Marine Park has been cooperative but others may not be. Also the individual did not feel that he could reduce his footprint when approached about that prior to the last Boat Festival and that led to last year's festival regulation. Part of the rationale for signs being prohibited from placement in bulbout areas was that there could be a danger if a small person, such as a child, was behind a sign that blocked motorists view of them getting ready to cross the street. Public comment: Steve Oakford stated that it is problematic that some signs are double-deckers and create a large obstacle. He stated that if someone were to run into it, it may topple and cause an injury. He believes the signs should not be larger than those allowed for merchants. It was noted that the rules of conduct for persons carrying signs are included with the intent to prevent them from becoming weapons, missiles or damaging City Council Business Meeting July 15, 2013 Page 4 of 8 to the public. For more clarity, the ordinances could be amended to add "lightweight materials such as" before "cloth, paper, cardboard or plastic." There was considerable further discussion with several comments about various uses of the public space and how to determine how much space can be taken up - should it be a designated space or should it be stated as enough space left for people to walk around. It is also difficult to assign a time for being away from the display or sign. There was discussion about the balance between the rights of the individual to exercise free speech and the right of the government to control the right of way for the good of the public to use the right of way. It seems the City may need some guidelines to address citizen concerns because there are people who believe the display is taking away from their enjoyment of the park and the environment. This is not so much related to content as to size and scale of the display. The current display appears to be getting bigger both in terms of area and vertical area. In addition, the City is currently dealing with only one individual but in the future others may wish to have similar displays. It may be better to be proactive than reactive before new situations arise. Although feelings about free speech are strong, some felt attendance requirements to be important to prevent people from placing signs anywhere along the sidewalk and just leaving them (the "Burma Shave effect.") A large display may also be intimidating and cause people to worry about being approached if they walk by. The park is for families and some really are being intimidated from using it. It was suggested that the break period be allowed at 10 minutes rather than 5 minutes. A warning would be issued for a first offense. It is agreed that an ordinance should not be a reaction to this situation but should be crafted for all instances and the good of the community. It was asked whether there could be some requirement that free access to a public facility cannot be blocked. This is somewhat addressed in 11.01.080 (f); however it does get into the gray area of what is or isn't obstructing. There could be options such as "within 25 feet of the entrance to a public building. Mr. Timmons noted that the City's insurance company cautions that as much clarity as possible should be built in to the regulations. Generally there was agreement that some language about attendance should be included. Some expressed concern that this is going too far. Ms. Sandoval noted that these are the things that the committee was conflicted about and therefore were moved up to Council for discussion. City Council Business Meeting July 15, 2013 Page 5 of 8 Motion: Michelle Sandoval moved first reading of Ordinance 3091 (sidewalk rules) and 3092 (park rules) but with amendment to rework and simplify 11.01.070 (5) and 9.46.30 to add 'lightweight materials such as.."and revise #5 under Enforcement in both ordinances to add a warning for a first offense, and mitigate the cost of removal so it does not all fall on the offender, and to refer references to "use"to the specific reference in 9.24.020 (4), with all changes as well as rules for unattended signage, to be reviewed on second reading. Mark Welch seconded. Vote: motion carried, 5-1 by voice vote, Robert Gray opposed. Memorandum of Understanding (MOU) with Port Townsend School District establishing a framework for the long-term lease of Mountain View School City Manager Timmons presented the staff report. He stated that the School District and City are taking small steps and that approving the proposed Memorandum of Understanding does not obligate the Council to a long-term lease. Mr. Timmons said that the City needs to develop a detailed facility management plan for Mountain View for consideration by the Council. The plan would identify the specific costs and funding strategy for operations and maintenance for the lease term. The Memorandum of Understanding does not obligate either party but it does allow the City to proceed with preparation of a plan with a high level of assurance of what the parameters will be in a long term lease. Both the District and City want the property to continue as a community asset but we must find a way to make it work or, alternatively, create an exit strategy. Mr. King supported approval, noting that Mountain View has a significant budget impact and this will help the City address those during the budget process. There was no public comment. Concerns were expressed about the ability of the City to realize enough income if only non-profits can occupy the rental spaces at Mountain View. Mr. Timmons said that part of an exit strategy would be finding space for a Police station and that cost is our minimum baseline. Other factors include the Library moving out to create more available space and the potential for a Metropolitan Parks District to take over the pool and gymnasium. The waiver of rental fees by the School District is a big first step so the city can begin to narrow down business plan options. Motion: Michelle Sandoval moved to approve the Memorandum of Understanding between the City and Port Townsend School District#50 establishing a framework for the long-term lease of Mountain View School. Robert Gray seconded. City Council Business Meeting July 15, 2013 Page 6 of 8 Ms. Nelson stated she believes this is a bit premature or should acknowledge that there are other steps involved. Vote. motion carried, 5-1 by voice vote, Kris Nelson opposed. PRESIDING OFFICER REPORT Metropolitan Parks District Update Mayor King reported on the Metropolitan Parks District steering committee activities. The committee is grappling with issues of what should be in and out of the parks district so the City needs to start discussing what the City would like to have included in the district. Mr. Timmons noted that the County has received a windfall in Federal tax dollars and that could provide some short term relief. Mr. King stated it is a very complex issue and soon the Council will need to have a conversation about the MPD. Mayor King also said that the Northwest Marine Trades Association has inquired about the City joining the organization. He said that it could be assigned to the Special Projects Committee at some point in the future. CITY MANAGER REPORT Mr. Timmons noted that the transfer span on Quincy Street has been removed. He responded to public comment on the AMI system. He said the meters the City is considering are far less sophisticated than the ones mentioned by the speaker. The meters under consideration come on for 1 or 2 seconds twice a day and are simply sending per gallon readings. He has informed Honeywell that the meters will not be considered until the first of 2014. The final deeds for the Kah Tai property exchange have been recorded. It was suggested that a celebration be planned. He also reported that the Sheridan Street sidewalk design is being finalized. SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION Mr. Clow alerted the Council that the County Noxious Weed Board has requested to treat two sites in town, one near Kah Tai and the other near 49th Street. This will be hand applied, not a general spray. COMMENTS FROM COUNCIL EXECUTIVE SESSION City Council Business Meeting July 15, 2013 Page 7 of 8 At 9:15, the Mayor declared that after a five minute break, the Council would go into Executive Session to receive and evaluate complaints against a public employee. The session will last about 20 minutes and no action will be taken following. ADJOURN The meeting reconvened at 9:40 and, there being no further business, was adjourned. Attest: t.% Pamela Kolacy, MMC City Clerk City Council Business Meeting July 15, 2013 Page 8 of 8