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HomeMy WebLinkAbout072114CITY OF PORT TOWNSEND MINUTES OF THE CITY COUNCIL BUSINESS MEETING OF JULY 21, 2014 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The Port Townsend City Council met in regular session the 21st day of July 2014 in the Council Chambers at 540 Water Street. The meeting was called to order at 6:30 p.m. by Deputy Mayor Kris Nelson. ROLL CALL Councilmembers present at roll call were Pamela Adams, Robert Gray, Catharine Robinson, Kris Nelson, Michelle Sandoval, and Deborah Stinson with David King excused. Staff members present were City Attorney John Watts, Public Works Director Ken Clow, Community Services Director Rick Sepler, Finance Director Nora Mitchell, Senior Planner John McDonagh, and City Clerk Joanna Sanders . There were none. CHANGES TO THE AGENDA SPECIAL PRESENTATION Library Foundation Special Presentation Cameron McPherson of the Library Foundation gave a presentation speaking about the City and Library Foundation cooperative accomplishments and opportunities. COMMENTS FROM THE PUBLIC Public comment Jennifer Cohn spoke about her support of the City and the Foundation to ensure the library meets the needs of the community. Jim Todd said the Jefferson County fairgrounds area has been designated as a dog park. John Mericle spoke about the fairgrounds "on leash" and "off leash" areas. Ed Robeau spoke about the vagueness of the leash law. City Council Business Meeting July 21, 2014 Page 1 of 6 City staff response Ms. Adams said she understands there is an informal agreement with regular users of the fairground that have dogs, but not a designated dog park. CONSENT AGENDA Approval of Bills, Claims and Warrants Vouchers 123727 through 123749 and Electronic Funds Transfers in the amount of $103,229.17 Vouchers 123848 through 123990 and Electronic Funds Transfers in the amount of $511,113.60 Approval of Minutes: June 23, 2014; July 7, 2014 Regular Business Meeting; and July 7, 2014 Workshop Advisory Board Appointment - Jim Todd, Parks Recreation and Tree Advisory Board, Position 2, Term Expiring 5/1/17 Contract Approval - Memorandum of Understanding with JeffCom - Warrant Entry Service Motion: Catharine Robinson moved to approve the consent agenda. Deborah Stinson seconded. Vote: motion carried unanimously, 6-0 by voice vote. UNFINISHED BUSINESS Ordinance 3112 Adopting Zoning Regulations and Standards Relating to Both Medical and Recreational Marijuana, and Amending Port Townsend Municipal Code Chapter 17.08 Definitions, Chapter 17.16 Residential Zoning Districts, Chapter 17.18 Mixed Use Zoning Districts, Chapter 17.20 Commercial Zoning Districts, Chapter 17.22 Marine - Related and Manufacturing Zoning Districts, and Chapter 17.84 Conditional Uses. Senior Planner John McDonagh gave the staff report on the changes made since the first reading of the ordinance. He reviewed the list of issues and comments made by Council and staffs written explanation/response as outlined in the agenda bill. Public comment received related to carbon footprint and electricity use for indoor grow operations. Staffs recommendation for indoor -only cultivation was summarized in Staffs Response dated July 21 distributed this evening). City Council Business Meeting July 21, 2014 Page 2 of 6 Public Comment: Rick Jahnke talked about the importance of energy conservation and possibly keeping the County from moving from Tier 1 to Tier 2 rate thresholds. Mr. McDonagh and Mr. Sepler responded, noting the City would be watching and monitoring; they do not see this as a major contributor to energy use. Clarifying questions were about uses listed in Exhibit D, interim regulations on non-commercial collective gardens in residential areas, theft concern, power usage estimates, and 300 -foot buffer rule. During Council deliberation the following issues were discussed: grouping licensed daycares including senior care facilities into multi -family; outdoor growing if totally invisible might cause fewer break ins; concern over the 300 - foot buffer; a 6 -month phase-in period to allow outdoor growers to come into compliance; what would be involved in developing outdoor standards; and indoor or greenhouse operations could result in more consistent product and growing season. Other concerns regarding the indoor versus outdoor grow operations were the very strong odor from outdoor plants, consistency with home occupation in terms of car trips, and indoor/outdoor setbacks and screening, and whether civil liability doctrine might be applied where the property owner is liable. Mr. Watts explained only the courts can create attractive nuisance law. There was some support for focusing on 1-502 because medical marijuana might be eliminated in near future. Another concern was that outdoor structures for commercial grows are unattractive. There was additional discussion about allowing production and processing operations in the Port property and retail operations in the hospital C -II district. Deputy Mayor Kris Nelson summarized the areas of majority support, but not consensus. Staff would return on August 4 with a revised ordinance. Resolution 14-042 Establishing Finance and Budget Policy Guidelines Finance Director Nora Mitchell reviewed Council's commitment to update the financial policies. She highlighted the changes and additional revisions since Council's workshop. One additional noted change was to Exhibit A, Page 5 under Ending Fund Balance to instead say "sufficient to meet obligations." Council also asked for a review of areas where the City would not currently meet these ending fund balance guidelines (Library and Community Services). Ms. Mitchell suggested reviewing these again during the 2015 budget process. Ms. Mitchell then responded to questions noting much of the language was taken from GFOA best practice policies. She noted the two main reasons for moving forward are to update these policies and to add cost allocation. There was no public comment. City Council Business Meeting July 21, 2014 Page 3 of 6 During discussion, there were questions about the Library Services Fund expenditure detail and some confusion over the wording of total compensation under "Personnel" in Exhibit A, General Expenditures and Budget Policies. Council had the following suggestions: special revenue funds should have additional notation about the need to monitor revenue projections, but the list the specifics such as is shown on the draft; add specific RCW references, work toward a two-year budget with a five-year financial forecast; and have more in-depth discussion about aligning the strategic plan with the budget process. Ms. Mitchell recommended a review of these policies in a year when she is more familiar and more experienced to make alternate recommendations. Motion. Michelle Sandoval moved to approve Resolution 14-042 Establishing Finance and Budget Policy Guidelines (with the noted change on page 5 and removing the Library specifics on pages 10 and 21). Deborah Stinson seconded. Vote: motion carried unanimously, 6-0 by voice vote. NEW BUSINESS Resolution No. 14-043 Authorizing Submission of an Application for a Community Economic Revitalization Board Grant in the Approximate Amount of $65,000 for Howard Street Corridor Zoning and Stormwater Infrastructure Project Community Services Director Rick Sepler gave the staff presentation on this study and planning grant for an economic feasibility study focused on development and redevelopment in the Howard Street/Upper Sims Way corridor. There was no public comment. Motion: Michelle Sandoval moved to approve Resolution No. 14-043 Authorizing Submission of an Application for a Community Economic Revitalization Board Grant in the Approximate Amount of $65, 000 for Howard Street Corridor Zoning and Stormwater Infrastructure Project. Deborah Stinson seconded. Vote: motion carried unanimously, 6-0 by voice vote. At 9:13 p.m., the Council recessed for the purposes of a break. At 9:19 p.m., the Council reconvened the meeting. Ordinance 3114 Revising Port Townsend Municipal Code Chapter 5.32 Relating to Sales and Performances on Street and Sidewalks City Council Business Meeting July 21, 2014 Page 4 of 6 City Attorney John Watts explained the proposed ordinance to amend PTMC Chapter 5.32 allowing for "sales" on streets to include "performances" on streets and sidewalks. The administrative regulations (under Ordinance 309 1) allow for a person to apply for a permit for a variance for up to 100 square feet with the maximum number of four variances per year. During the review of the administrative rules, the Deputy Mayor suggested providing the opportunity for someone engaged in commercial or noncommercial performance activity to obtain a permit similar to a street vendor. Ordinance 3114 would provide for additional space consideration for an individual unable to confirm under Ordinance 3091. Public Comment: Anami (Zan Cloud) who runs the gypsy wagon spoke in support of the ordinance. She said the permit fee is cost prohibitive and she would appreciate the ability to sell merchandise. During Council deliberations, the following topics were discussed: question about lowering the $350 one-year permit fee; clarification of the needs for insurance, business license, and payment of applicable sales tax; alternatives to adding these regulations; support for buskers, yet some concern about the structure; the need for approval of adjacent business; the possibility of providing a designated area for such uses such as the Civic Plaza; and concern about the staff time to create an ordinance to address one need. Ms. Nelson explained her rationale for recommending allowing this use. Staff recorded in Attachment 2 several additional corrections and areas to provide further clarification. Motion: Michelle Sandoval moved to approve first reading of Ordinance 3114 Revising Port Townsend Municipal Code Chapter 5.32 Relating to Sales and Performances on Street and Sidewalks. Pamela Adams seconded. Vote: motion carried, 5-1 by voice vote, Catharine Robinson opposed. None. PRESIDING OFFICER'S REPORT CITY MANAGER'S REPORT Mr. Watts noted that the City Manager recommended sending leash law revisions to the Parks, Recreation and Tree Advisory Board. Motion: Michelle Sandoval moved to approve referring the topic of off -leash regulations to the Parks Recreation and Tree Advisory Board for discussion and review in general for consistency. Deborah Stinson seconded. Vote: motion carried unanimously, 6-0 by voice vote. SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION None. City Council Business Meeting July 21, 2014 Page 5 of 6 COMMENTS FROM COUNCIL Councilmembers recognized this as possibly the last Council meeting with City Attorney John Watts. ADJOURN There being no further business, the meeting adjourned at 9:57 p.m. Attest: Joanna Sanders, CMC City Clerk City Council Business Meeting July 21, 2014 Page 6 of 6