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Home My WebLink About112116 CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF NOVEMBER 21, 2016 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The Port Townsend City Council met in regular session on the 21 st day of November 2016 in the 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, Robert Gray, Catharine Robinson, Michelle Sandoval, Deborah Stinson, and Amy Howard. Staff members present were City Manager David Timmons, City Attorney Steve Gross, Public Works Director Ken Clow, Finance Director Nora Mitchell, Police Chief Michael Evans, Senior Planner John McDonagh, Senior Planner Judy Surber, Finance Manager Sheila Danielson, City Clerk Joanna Sanders, and Operations Manager John Merchant. CHANGES TO THE AGENDA There were none. SPECIAL PRESENTATION -WASTEWATER TREATMENT PLANT OUTSTANDING PERFORMANCE AWARDS PRESENTATION WITH THE DEPARTMENT OF ECOLOGY Pat Bailey from the Department of Ecology presented the awards for 2015. Operations Manager John Merchant introduced staff represented at the meeting who are responsible for the Biosolids and Wastewater Treatment Plant operations. COMMENTS FROM THE PUBLIC Public comment Karma Tenzing Wangchuk spoke about homelessness and read a few poems about homelessness. Libby Palmer encouraged the City to join other sanctuary cities and institute a policy discouraging fear and harassment in the City to protect immigrants. Paul Rice endorsed the previous commenter's remarks and encouraged the City to take action against discrimination. CONSENT AGENDA Approval of Bills, Claims and Warrants City Council Business Meeting November 21, 2016 Page 1 of 6 DRAFT Vouchers 155422 through 155535 and Electronic Fund Transfers in the amount of $2,268,245.62. Approval of Minutes: October 17, October 27 and November 7, 2016 Resolution 16-047 Providing Continued Support of the Employee Wellness Program I Motion: Catharine Robinson moved to approve the consent agenda as written. Pamela Adams seconded. Vote. motion carried unanimously, 7-0 by voice vote. PUBLIC HEARING Ordinance 3162 Adopting the Budget for the City of Port Townsend, Washington, for the Fiscal Year Ending December 31, 2017 Finance Director Nora Mitchell reviewed that staff has been working to address Council questions as they arise. She provided an overview of the 2017 budget appropriations as written. City Manager David Timmons reminded that the budget is approved at a fund summary level. Concerning General Fund debt capacity, Mr. Gray inquired about the authorization of interfund loans and the upper limits of Councilmanic debt. Staff reviewed the relationship between debt and general fund revenues and listed projects to be funded by Councilmanic debt as well as projects with outside funding sources. Mr. Timmons noted that while projects are allocated in the budget, separate action is needed to approve financing of revenue bonds. It is expected that the bond refunding would come back to Council sometime in January. Mr. Timmons responded to questions about Lodging Tax budget recommendations and revenue distributions to the City and County. There was Council interest in receiving Lodging Tax Advisory Committee detailed budget information and minutes during the budget season. There was also interest in improving access to Public Development Authority minutes. Ms. Mitchell responded to questions about the property tax allocation used for affordable housing permit waivers. It was suggested that rather than declining waivers, that Council receive notice in order to authorize use of Council reserves for permit waivers up to $10,000 each year. It was noted that $6,500 versus $10,000 was budgeted this year. An explanation of system development charge deferrals was provided by staff. Staff agreed to return with more information about the number of house permit waivers and waiver of system development charges. Staff further explained debt financing and reminded that prior Council authorization of capital projects led to the City Manager's budget recommendations on future borrowing and bond refinancing to further those projects. Regarding the Visitor Center project, Mr. Gray suggested the possibility of breaking funding into smaller segments. Staff noted there would be certain fixed costs associated with bond refinancing. City Council Business Meeting November 21, 2016 Page 2 of 6 DRAFT Mayor Stinson noted the public hearing would remain open. Motion: Catharine Robinson moved to approve first reading of Ordinance 3162 Adopting the Budget for the City of Port Townsend, Washington, for the Fiscal Year Ending December 31, 2017. Michelle Sandoval seconded. Vote: motion carried unanimously, 7-0 by voice vote. UNFINISHED BUSINESS Ordinance 3158 Adopting Permanent 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, and Chapter 17.22 Marine-Related and Manufacturing Zoning Districts Senior Planner John McDonagh reviewed the ordinance adopting permanent zoning regulations that were formerly temporary related to integrating medical and recreational marijuana markets. Also under discussion are buffers related to production, processing and licensing. In response to a recommendation that family daycares in homes have a 100-foot buffer, Staff said while some are already in the 1,000 foot buffer, there would be some difficulty tracking these locations. Another question related to whether the existing buffer would apply if a new playground were developed in Town Point. There was additional discussion of the distinction between buffers for publicly- owned versus privately-owned playgrounds and impacts to and buffers for medical marijuana growers. Staff also referred to maps in the agenda packet showing family home daycare facilities for which they are aware. There was Council disagreement with adding additional regulations that would require map amendments each time a family home daycare center is sited and also concerns over reducing buffers as recommended. Motion: David Faber moved to approve Ordinance 3158 Adopting Permanent 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, and Chapter 17.22 Marine-Related and Manufacturing Zoning Districts. Pamela Adams seconded, Motion: Robert Gray moved to approve amending the main motion to include adding a 500-foot buffer around identified family home childcare centers and preschools. Catharine Robinson seconded. Vote: motion failed, 2-5 by voice vote, with Pamela Adams, David Faber, Michelle Sandoval, Deborah Stinson, and Amy Howard opposed. Motion. Catharine Robinson moved to approve amending the main motion to have a 500-foot buffer around public parks that do not have playground equipment in them. Robert Gray seconded. City Council Business Meeting November 21, 2016 Page 3 of 6 DRAFT During discussion of the amendment, there was concern about this eliminating the potential for locating businesses in downtown commercial areas. It was also noted that the City also currently has reached its limit of two stores. Vote: motion failed, 2-5 by voice vote, with Pamela Adams, David Faber, Michelle Sandoval, Deborah Stinson, and Amy Howard opposed. Vote on Main Motion: Vote: motion carried, 5-2 by voice vote, Robert Gray, and Catharine Robinson opposed. At 7:57 p.m., Council recessed for the purposes of a break. At 8:03 p.m., the meeting resumed. NEW BUSINESS Tasking staff and the Planning Commission in their 2017 work plan with further consideration of amendments to the City's marijuana regulations Mr. McDonagh gave the staff report explaining this item would task Planning Commission to explore further amendments related to marijuana. There were no clarifying questions from Council. Public Comment: Steve Workman spoke about concerns about marijuana use by youth in our community and encouraged getting additional input from other agencies and jurisdictions. Rick Jahnke noted that marijuana is still illegal federally. He urged going slow on loosening regulations because of the negative impact those actions can have to businesses and individuals in our community. During deliberations, staff responded to questions about licensing and zoning for outdoor production of recreational marijuana, current manufacturing zones, and conditional uses. There was discussion of allowable commercial zoning and state requirements for medical marijuana cooperatives and the social justice implications of requiring only indoor grow operations. Motion: David Faber moved to approve tasking staff to examine further marijuana code amendments that consider allowing outdoor production of recreational marijuana and allowing the operation of medical marijuana cooperatives within attached single- family and multi-family dwellings and take the proposed amendments to the Planning Commission during 2017 and bring the Planning Commission's recommendations back to the full Council. Pamela Adams seconded. Vote: motion carried, 6-1 by voice vote, Catharine Robinson opposed. City Council Business Meeting November 21, 2016 Page 4 of 6 DRAFT Resolution 16-049 Related to the 2017 Annual Update to the City's Comprehensive Land Use Plan Senior Planner Judy Surber reviewed the annual update process for suggested amendments. She asked for Council input on whether to focus instead on the Critical Areas Ordinance update and any site specific amendments, time sensitive, and amendments necessary to address deficiencies. There was no public comment. Motion: Michelle Sandoval moved to approve Resolution 16-049 Related to the 2017 t Annual Update to the City's Comprehensive Land Use Plan. Catharine Robinson seconded. Vote: motion carried unanimously, 7-0 by voice vote. PRESIDING OFFICER'S REPORT Approval of the City Manager's Evaluation Mayor Stinson reported on her recent visit to Whidbey Island Naval Air Station on the topic of their recent Environmental Impact Statement issued for public input on additional Growler aircraft. She noted a December 5 public meeting in Port Townsend. Although Council previously commented on this EIS, she noted Council might decide to provide additional comment following the December meeting. Motion. Catharine Robinson moved to approve the City Manager's evaluation for 2016. Robert Gray seconded. Vote: motion carried unanimously, 7-0 by voice vote. CITY MANAGER'S REPORT City Manager reported on the following: - Mountain View boilers are working - Water treatment plant progress and January open house - Housing opportunities and a successful homelessness forum - Downtown construction project activity pertaining to the Clapp Building and Surf Building demolition - Contracted plan review and inspection assistance - Status of Transportation Improvement Board applications for Discovery (Sheridan to Howard), and Visitor Center site work. Key Bank may be a partner in these improvements. SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION Mr. Faber suggested that in response to public comments and to assuage fears, Council consider reiterating the City's position that it does not actively enforce or investigate undocumented persons. Ms. Sandoval noted that although a sanctuary city resolution could jeopardize the City's eligibility for federal funding, a previous resolution provided guidance about how the City would interact with Border patrol. Staff agreed to return to Council with an affirmation and guidance on this matter. City Council Business Meeting November 21, 2016 Page 5 of 6 DRAFT Mr. Gray spoke about the homelessness forum. He urged joining Seattle, Bellingham, and Vancouver in considering a property tax increase to support addressing homelessness. He also noted HB2263 would allow for a small voted increase to address homelessness. He encouraged Council to receive a briefing on this house bill or discuss in work session. Ms. Sandoval asked when the short-term vacation rental recommendation would return. Staff noted the Planning Commission recommendation would come after the first of the year. ADJOURN There being no further business, the meeting adjourned at 8:41 p.m.. Attest: Joanna Sanders, CMC City Clerk City Council Business Meeting November 21, 2016 Page 6 of 6