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HomeMy WebLinkAbout080414CITY OF PORT TOWNSEND MINUTES OF THE CITY COUNCIL BUSINESS MEETING OF AUGUST 4, 2014 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The Port Townsend City Council met in regular session on the 4th day of August 2014 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 Pamela Adams, Robert Gray, David King, Kris Nelson, Catharine Robinson, Michelle Sandoval, and Deborah Stinson. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, Senior Planner John McDonagh, Finance Director Nora Mitchell, Community Services Director Rick Sepler, and City Clerk Joanna Sanders . CHANGES TO THE AGENDA The addition of an Executive Session to consider two real estate matters pursuant to RCW 42.30.110(c) (to consider the minimum price at which real estate will be offered for sale or lease) with possible action on one item. New Business Item D. Climate Action Committee Appointments was moved to the consent agenda. Joint Service Agreement - Fort Worden Public Development Authority (this matter was postponed to a future meeting) SPECIAL PRESENTATION Waste Water Treatment Facility and Biosolids Awards Presentation with the Department of Ecology Pat Bailey and Rich Doenges of Washington State Department of Ecology presented Outstanding Performance awards to John Merchant for the Wastewater Treatment Plant and Bio -Solids Wastewater Treatment Plant. Community Vitality Index (CVI) Special Presentation Carla Caldwell of the Jefferson County Community Foundation gave a briefing on the results of a $6,750 grant to do research on how arts drive the local City Council Business Meeting August 4, 2014 Page 1 of 7 economy. She also reviewed results of a survey of local artists on the challenges and opportunities to grow this economy. Council questions were about whether a seasonal analysis and gap analysis might be beneficial. City Manager David Timmons urged recommended policies and goals for consideration. There were none. COMMENTS FROM THE PUBLIC CONSENT AGENDA Approval of Bills, Claims and Warrants Vouchers 123991 through 123999 and Electronic Funds Transfers in the amount of $32,681.11. Approval of Minutes: July 14, 2014 Climate Action Committee Appointments Appointments were Jack Pokorny (student), Kevin Scott (PT Mill), Samantha Thomas (Non -Motorized alternate); and Laura Tucker (County Health -Green Business). Motion: Deborah Stinson moved to approve the consent agenda as amended with the addition of Item D. Climate Action Committee Appointments that was moved from New Business. Catharine Robinson seconded. Vote: motion carried unanimously, 7-0 by voice vote. PUBLIC HEARING Ordinance 3115, Adopting the City of Port Townsend 2014 Water System Plan and Establishing an Effective Date Mayor King read the rules of procedure for the public hearing. No council members had any financial or property interests to disclose. Public Works Director Ken Clow gave the staff presentation, noting that changes from the State Department of Health were incorporated into the plan. Staffs recommendation was to waive rules and adopt the plan this evening in order to meet the State Department of Health timeline to be eligible for Drinking Water State Revolving Loan Funds. There was no public comment. City Council Business Meeting August 4, 2014 Page 2 of 7 The Mayor closed the public hearing. Motion: Catharine Robinson moved to approve waiving Council Rules and adopting Ordinance 3115 Adopting the City of Port Townsend 2014 Water System Plan and Establishing an Effective Date. Kris Nelson seconded. Vote: motion carried unanimously, 7-0 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 reported that the ordinance before Council addresses questions from the previous meeting as follows: allowing collective gardens in senior housing; expanding zones where recreational (1-502) marijuana uses are allowed; addressing energy and safety concerns with indoor versus outdoor growing; a 10 -month amortization period to bring nonconforming aspects of non-commercial collective gardens into compliance; and City review and potential modification of the standards depending on upcoming legislative action. There was no public comment. Council deliberation included concerns about energy use and cost to growers with a restriction to indoor growing; the possibility of limiting the number of members for noncommercial collectives to less than ten; revising item 8 in Exhibit A (outward residential character) to allow and address outdoor growing with certain setbacks; and suggestions to start conservatively and then review and consider expanding to outdoor growing in ten months. Staff said the City would be challenged to develop regulations based on subjective smell and sight concerns, but offered to monitor outdoor issues. Additional comments were that marijuana is not a benign substance and medical marijuana is still available to meet demand. Although voters have agreed to recreational marijuana, smaller more conservative steps would be prudent. There were questions about changing cannabis "cultivation" to cannabis "processing" throughout Exhibit A. Motion: Kris Nelson moved to approve 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 City Council Business Meeting August 4, 2014 Page 3 of 7 Use Zoning Districts, Chapter 17.20 Commercial Zoning Districts, Chapter 17.22 Marine -Related and Manufacturing Zoning Districts, and Chapter 17.84 Conditional Uses (with amendments to Exhibit A as follows.- change ollows.change references on pages 1 and 3 from "cultivation" to "processing, " number 10 should be eliminated, and revise item 4 to say adopting additional standards or amending different conditions. Deborah Stinson seconded. City Attorney John Watts noted that interim regulations expire tomorrow. A revised ordinance was distributed that would allow adoption on an emergency basis putting Ordinance 3112 into effect immediately. There was additional conversation about the need to address marijuana processing in this ordinance and support for the emergency clauses. Vote: motion carried, 5-2 by voice vote, Robert Gray, and Catharine Robinson opposed. Motion: Kris Nelson moved to approve directing staff to monitor enforcement and legislative issues and report back to Council no later than June 2015. Pamela Adams seconded. Vote: motion carried unanimously, 7-0 by voice vote. Ordinance 3114 Revising Port Townsend Municipal Code Chapter 5.32 Relating to Sales and Performances on Street and Sidewalks and Amending PTMC 3.36.070 on Fees, and Repealing Chapter 5.64 on Theatres and Shows City Attorney John Watts reviewed that there was some misinformation published that led to conclusions that this would further restrict free speech. It does the opposite by providing additional options to individuals who want to exercise free speech. Council approved first reading on July 21 and staff recommends adoption. Clarifying questions were about buskers not needing a permit, the permit fee structure, and about property owner notification. Artis spoke about his concerns on regulations that might limit busking. Pete Toyne said his main concern was restricting busking activities, but he is not concerned about these regulations. Charlie Bermant of the Peninsula Daily News apologized for misinformation printed in his story. Some discussion ensued about whether structures would be subject to historic review, about existing sign code regulations, and whether an option might be to specify a designated area for busking. Staff reviewed the different ways similar activities could be accommodated through a special City Council Business Meeting August 4, 2014 Page 4 of 7 event permit or even as a temporary activity associated with a festival. There was continued concern about structures and size of the structures being limited to 4x6 size similar to free speech. Motion: Michelle Sandoval moved to approve Ordinance 3114 Revising Port Townsend Municipal Code Chapter 5.32 Relating to Sales and Performances on Street and Sidewalks and Amending PTMC 3.36.070 on Fees, and Repealing Chapter 5.64 on Theatres and Shows (with amendments as discussed on pages 1 and 2 in Exhibit A and under exemptions in item D to include buskers). Kris Nelson seconded. Vote: motion carried, 5-2 by voice vote, Robert Gray, and Catharine Robinson opposed. NEW BUSINESS Resolution 14-044 Authorizing the City Manager to Sign Funding Documents with the United States Department of Agriculture (USDA) for a Rural Development Grant and Low -Interest Loan to Fund Critical Drinking Water Facilities City Manager David Timmons reviewed the mandate by the State Department of Health to add an additional level of filtration for water treatment. He talked about staffs extensive review of financing alternatives to a $14 million revenue bond at commercial rates. Alternatives included applying for a Public Works Trust Fund loan and this USDA combination loan and grant package of $11 million and $3 million respectively. Additional financing is being sought through the Drinking Water State Revolving Loan Fund. The City would also be required to implement a revenue bond and approval for the bond would be a separate Council action. Councilmember questions related to: opportunities such as sales of assets (timber sales) to reduce the loan obligation and interest in seeing trend data on utility shut off notices. Council recognized the amount of staff work involved in qualifying the City for a USDA loan. There was no public comment Motion: Catharine Robinson moved to approve Resolution 14-044 Authorizing the City Manager to Sign Funding Documents with the United States Department of Agriculture (USDA) for a Rural Development Grant and Low -Interest Loan to Fund Critical Drinking Water Facilities. Deborah Stinson seconded. Vote: motion carried unanimously, 7-0 by voice vote. 2014 Jefferson County Study Partnership Agreement with FEMA Community Services Director Rick Sepler gave the staff report on this multi - agency agreement to conduct a major study, named "RiskMAP" project, City Council Business Meeting August 4, 2014 Page 5 of 7 including updated flood insurance rate maps. Study results are expected to be beneficial to the City by providing up-to-date information on risk assessment and mitigation planning. There was no public comment. Motion: Kris Nelson moved to approve authorizing the City Manager to sign the 2014 Jefferson County Study Partnership Agreement with FEMA. Catharine Robinson seconded. Vote: motion carried unanimously, 7-0 by voice vote. Resolution 14-045, Extending the term of the Climate Action Committee Mr. Sepler reported on the importance of extending the term of the Climate Action Committee for purposes of facilitating action and launching a community outreach campaign. There was no public comment. Motion: Catharine Robinson moved to approve Resolution 14-045, Extending the term of the Climate Action Committee. Robert Gray seconded. Vote: motion carried unanimously, 7-0 by voice vote. PRESIDING OFFICER'S REPORT Mr. King reported attending: - the Carnegie Library reopening on Sunday, August 3 - an upcoming Jefferson County PUD meeting to speak in favor of an energy rebate. CITY MANAGER'S REPORT David Timmons reported on the following: - The State Auditor's financial audit has been completed. - Recognized John Watts' retirement and his many years of service and support to the City. SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION COMMENTS FROM COUNCIL EXECUTIVE SESSION At 9:25 p.m., City Council went into Executive Session for 30 minutes on two matters involving real estate (RCW 42.30.110(c)). At 9:43 p.m., the Council came back into open session. City Council Business Meeting August 4, 2014 Page 6 of 7 Motion: Catharine Robinson moved to approve authorizing the City Manager to sign agreements for the purchase of a 10' wide easement across 1258 Cedar Street for $9,442, and installation of a fence to allow for the completion of a non - motorized trail in the San Juan Valley between F Street to Fort Worden. Pamela Adams seconded. Vote: motion carried unanimously, 7-0 by voice vote. ADJOURN The meeting adjourned at 9:43 p.m. Attest: Joanna Sanders, CMC City Clerk City Council Business Meeting August 4, 2014 Page 7 of 7