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HomeMy WebLinkAbout080519 CITY OF PORT TOWNSEND MINUTES OF THE CITY COUNCIL BUSINESS MEETING OF AUGUST 5, 2019 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The Port Townsend City Council met in regular session on the 5th day of August 2019 in Council Chambers at 540 Water Street. Mayor Deborah Stinson called the meeting to order at 6:30 p.m. ROLL CALL Councilmembers present at roll call were Pamela Adams, David Faber, Amy Howard, Michelle Sandoval, Ariel Speser, and Deborah Stinson with Robert Gray excused. Staff members present were Interim City Manager Nora Mitchell, Development Services Director Lance Bailey, Public Works Director Greg Lanning, City Attorney Heidi Greenwood, Water Quality Manager Ian Jablonski, Senior Planner John McDonagh, and City Clerk Joanna Sanders. CHANGES TO THE AGENDA There were none. COMMENTS FROM THE PUBLIC Public comment Ed Robeau spoke about leash laws, his concern about the lack of citations issued, and his attempt at getting resident compliance. David Thielk spoke about climate concerns due to carbon emissions and made several recommendations. The following individuals spoke about concerns of the spraying of herbicides by Pope Resources: Barbara Foster read from a lawsuit Merrill v. Block and an excerpt from a book "A Bitter Fog." Alisha Douglas referenced a U.S. Geological study and spoke about her community of Port Ludlow being surrounded by Pope land. She called for a moratorium on aerial pesticides. Claude Bourdin spoke about keeping organic farms free from chemicals. Lee Falkenhagen, having children at Sunfield School, had concerns about the drifting of Pope's pesticides to surrounding areas and the need for oversight and recordkeeping. Elizabeth Merrill expressed concern for water safety and urged testing City water for the presence of RoundUp. City Council Business Meeting August 5, 2019 Page 1 of 6 Holly Gossett agreed with concerns expressed about the spraying of herbicides. Anna Rayes Potts, a Jefferson County resident and a Poulsbo business owner, noted Kitsap County spoke out against Pope's spraying. She urged jurisdictions to work together on their communications. Paul McCollum, area resident and Natural Resource Director of the Port Gamble S'Klallam Tribe, expressed concerns about Pope's backpacking application of herbicides in addition to aerial spraying. Robin Sharan owner of AnnaPurna Inn spoke about the associated health concerns. Doug Milholland distributed an invitation to an upcoming public event "Beginning of the End of Nuclear Weapons." Mike Loriz agreed with the issues of off leash dogs and asked for public information on the closing of Adams Street. He also asked about the standards used for the Jefferson Street Sidewalk. City staff response Ms. Mitchell recognized that further staff exploration is needed to be able to respond to Mr. Robeau's allegations. She reviewed the matters tasked to the Council Transportation Committee as they related to Mr. Thielk comments. Regarding the Jefferson Street Sidewalk, Public Works Director Greg Lanning said he would need to review with staff the sidewalk standards used. Public Works Director Greg Lanning addressed the jurisdictional and regulatory boundaries pertaining to Pope Resources property, the City's water system, filtration and testing at the water treatment facility. Watershed management by the City is in partnership with the forest service. City Lake and the land surrounding is controlled by the City and there is no spraying in or around the watershed or visible sheen on the lake. The state is involved in all permitting and individuals can be placed on the State's list of interested parties. Water Quality Manager Ian Jablonski noted that the water filtration system removes sediment and biological micro organisms but not necessarily chemical contaminants. There is periodic testing of water quality including glyphosate according to state requirements. CONSENT AGENDA Approval of Bills, Claims and Warrants Vouchers 163242 through 163403 in the amount of $600,233.30 Vouchers 592 through 594 in the amount of$1,074.50 Electronic Funds Transfer in the amount of $24,953.49 Approval of Minutes: June 10 and July 22, 2019 Resolution 19-068 Canceling the Planned Public Hearing for Local Improvement District 19-01 for the Purpose of Improving Thayer Street City Council Business Meeting August 5, 2019 Page 2 of 6 Resolution 19-069 Canceling the Planned Public Hearing for Local Improvement District 19-02 for the Purpose of Improving 7th Street Appointment of Interim City Manager and Mayor to meet with the partners of the YMCA proposal to explore the options for the terms in the proposed partnership agreement reviewed by the Finance & Budget Committee on July 30, 2019 Motion: Pamela Adams moved to approve the consent agenda as written. Ariel Speser seconded. Vote: motion carried unanimously, 6-0 by voice vote. PUBLIC HEARING Ordinance 3230 Adopting the City of Port Townsend 2019 Water System Plan and Establishing an Effective Date Mayor Stinson read the rules of procedure for the public hearing. There were no Council financial or property interests to disclose in connection with this matter. Mr. Lanning gave a briefing on the structure and development of the Water System Plan. Based on previous questions, he showed a map of properties on the edge of the water service area and pointed to the 16 properties recommended for inclusion as well as the other listed recommendations. Staff also described the functions of water filtration system and addressed questions related to the testing of synthetic organic chemicals. The current testing abides by state and federal requirements and jurisdictions can require additional testing. The public testimony portion was closed but the record was kept open for the submission of any additional materials. Motion: David Faber moved to approve first reading of Ordinance 3230 Adopting the City of Port Townsend 2019 Water System Plan and Establishing an Effective Date (with the record being kept open until August 19, 2019 at noon). Michelle Sandoval seconded. Vote: motion carried unanimously, 6-0 by voice vote. Ordinance 3232 Related to Development Regulations Within the Rainier Street Subarea, Amending the Zoning Map and Adding a New Chapter 17.31 "Rainier Street Upper Sims Way Subarea" to the Port Townsend Municipal Code Mayor Stinson reviewed the hearing procedures for the public hearing. There were no Council financial or property disclosures in connection with this matter. Planning Director Lance Bailey reviewed the previous comprehensive plan amendments for the Rainier Street subarea that laid the ground work for these amendments to the development code. In showing the map of the districts, he noted subarea narrative concepts and changes that would impact the existing zoning City Council Business Meeting August 5, 2019 Page 3 of 6 code. The use table was structured in general categories for the subarea that allows for the desired flexibility and is not intended to be an exhaustive list. At a future date, there could be amendments to other use tables to reflect these changes. In the table of permitted uses, he reviewed the Planning Commission proposed edits and noted interest by a neighboring property owner in increasing from 10,000 to 20,000 sf the retail tenant space maximum. He then discussed artisan production and additional manufacturing use categories. Staff recorded minor changes and responded to Council questions on situations meeting the criteria for design review. There was also a discussion of whether to require minimum two-story developments and an explanation of and scenarios related to the footnote on Page 12 for ground floor areas. Mayor Stinson closed the public testimony portion of the hearing. Several suggestions were discussed on how to proceed such as keeping the public hearing open, having a joint meeting with the Planning Commission, and holding a Council workshop. Considering there are potential property owners awaiting approval of the development regulations, there was Council support for inviting Planning Commissioners to attend the next meeting to respond to questions. Motion: David Faber moved to approve reopening public testimony and continuing the public hearing on Ordinance 3232 Related to Development Regulations Within the Rainier Street Subarea, Amending the Zoning Map and Adding a New Chapter 17.31 "Rainier Street Upper Sims Way Subarea" to the Port Townsend Municipal Code. Ariel Speser seconded. Vote: motion carried unanimously, 6-0 by voice vote. UNFINISHED BUSINESS - NONE NEW BUSINESS Resolution 19-070 Granting Final Approval to the Plat of Trail Crest, Division No. 1 Senior Planner John McDonagh gave the staff presentation, noting that a copy of preliminary plan was provided. He responded to questions regarding the responsibility to care for the open space until the creation of a homeowners association (HOA). Public Comment: Owen Rowe urged rejecting future such developments. Motion: Michelle Sandoval moved to approve Resolution 19-070 Granting Final Approval to the Plat of Trail Crest, Division No. 1 (as amended). David Faber seconded. Vote: motion carried unanimously, 6-0 by voice vote. Review of the Leadership Team Workplan July 2019 — June 2020 City Council Business Meeting August 5, 2019 Page 4 of 6 Ms. Mitchell reviewed work plan items completed and those Council Inbox items that have now been moved to the work plan. Not yet added are the Creative District and YMCA partnership discussions because they have not yet been tasked. She noted other undocumented projects and strains on limited staff resources as well as the work to start the new Council Transportation Committee. Review of the Inbox items received in 2019 Ms. Mitchell reviewed the 2019 InBox and additions to include a plastic straw ban, review of the noise ordinance, and a comprehensive review of Council Rules. Council discussion ensued on next steps and where the City has jurisdiction concerning the Glyphosate issue. Suggestions included passing a resolution, letters to encourage federal, state, county action including Department of Health, Ecology, Board of Health, Governor, County Commissioners, Attorney General, and Pope Resources asking for change in the current practice. There was interest in asking staff to explore options and cost of testing for Glyphosate. There was also some interest in the possibility of cost sharing for the testing with the Department of Health. Public Comment: Ellen O'Shea spoke with concerns of aerial spraying and referred to the list of herbicides on what Pope is spraying. She solicited. Andrew and Rachel Luss spoke about their concerns of aerial spray and the drift of the herbicide. They expressed concern about defoliage that is occurring and bigger concerns. Bernie Donanberg expressed concern and talked about a strategy for forcing cooperation and action for spraying to Pope Resources. They get to chunk the property into small pieces to avoid SEPA review. Sylvia Platt spoke about the concerns about the water soluble nature of the chemicals and cancer concerns. She urged holding a forum to allow the people to speak to the issue. Beau Brickelmeyer said there are seven states in the united where you can have control over pesticide use. County could control how pesticides are used. He urged passing a resolution supporting BOCC resolution (listen). He noted that Bainbridge Island is also considering a resolution. Ms. Mitchell noted that a letter from Mayor (with help from attorney), testing protocol., and urging county to hold a public forum. Motion: Michelle Sandoval moved to approve authorizing the Mayor(with the help from the City Attorney) to draft a letter for Council review in opposition to aerial spraying to be sent to the parties identified above, direct staff to look into a process for a protocol on water testing, and keep Council informed on the issue, including a Joint Resolution with the County or a joint public workshop on the issue. David Faber seconded. City Council Business Meeting August 5, 2019 Page 5 of 6 Vote: motion carried unanimously, 6-0 by voice vote. Regarding the straw ban, it was noted that students are still gathering signatures and Council would wait until the proposal is submitted. Regarding review of the noise ordinance for Propolis Brewing, it was suggested that Council postpone any review until next year. The review Council Rules could also can wait, but it was suggested that the Committee might continue to meet to finalize its communication procedures. PRESIDING OFFICER'S REPORT Mayor Stinson reported that unless there is objection she would follow up on a request for a letter of support for a house bill called Puget SOS to allocate $50 million in funding for the protection of Puget Sound. There was no objection to signing. CITY MANAGER'S REPORT Ms. Mitchell reported that on July 25 the City received an Ethics Complaint against Councilmember Faber. This is being processed according to ethics rules and the matter has been sent to Peter Eglick for review. COMMENTS FROM COUNCIL Pam Adams announced she would be attending the August 8 community meeting about the Jamestown S'Klallam proposed Medication-Assisted Treatment clinic in Sequim. There were questions about the status of the Thayer Street and 7th Street limited improvement districts. Ms. Mitchell gave a brief report on each project. ADJOURN There being no further business, the meeting adjourned at 9:32 p.m. Attest: Joanna Sanders, MMC City Clerk City Council Business Meeting August 5, 2019 Page 6 of 6