HomeMy WebLinkAbout080513CITY OF PORT TOWNSEND
MINUTES OF THE REGULAR SESSION OF AUGUST 5, 2013
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
The Port Townsend City Council met in regular session the 5th day of August
2013 in the City Council Chambers. Mayor David King called the meeting to
order at 6:30 p.m.
ROLL CALL
Councilmembers present at roll call were Robert Gray, David King, Kris Nelson,
Catharine Robinson, Michelle Sandoval, Deborah Stinson, and Mark Welch.
Staff members present were City Manager David Timmons, City Attorney John
Watts, Public Works Director Ken Clow, Public Services Director Rick Sepler,
Police Chief Conner Daily, and Deputy City Clerk Joanna Sanders.
CHANGES TO THE AGENDA
There were none.
COMMENTS FROM THE PUBLIC
Public comment
Patrick Moore spoke about travel expense reimbursements of employees.
Kurt Loe spoke about the marijuana ordinance.
City staff response
There was none.
CONSENT AGENDA
Bills, Claims and Warrants
Vouchers 121238 through 121335 in the amount of $265,241.36
Vouchers 121336 through 121344 in the amount of $226,078.17
Vouchers 121345 through 121346 in the amount of $290.71
Vouchers 121231 through 121237 in the amount of $2,692.46
Voucher 121089 in the amount of $721.41
Vouchers 121223 through 121230 in the amount of $98,907.89
City Council Business Meeting August 5, 2013 Page 1 of 7
Vouchers 121186 through 121204 in the amount of $4,128.69
Voucher 121090 through 121185 in the amount of $577.606.26
EFT in the amount of $159.70
Approval of Minutes: July 1, 2013 Minutes
Resolution 13 -021, authorizing the City Manager to sign an Interlocal
Cooperative Purchasing Agreement with the Port Townsend School
District #50.
Motion: Kris Nelson moved to approve the consent agenda. Mark Welch
seconded.
Vote: motion carried unanimously, 7 -0 by voice vote.
UNFINISHED BUSINESS
Ordinance 3093, Amending and Updating PTMC Chapter 16.04, Building
Code
City Attorney John Watts explained that the purpose of the proposed changes
to the Port Townsend Municipal Code Chapter 16.04 is to bring the City into
compliance with the various State building codes. At the first reading on July
15, Council agreed with Staffs recommendation to delay implementation of the
Washington State Energy Code to September 2013. Council's previous motion
approved this change to Ordinance 3093, Section 2.
There was no public comment.
Motion: Catharine Robinson moved to approve Ordinance 3093, 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, D 107, 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 (including Appendices A, B, 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. Kris Nelson seconded.
Vote: motion carried unanimously, 7 -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 reviewed that on July 15, Council approved first
reading of the ordinance providing standards for placing structures or signs on
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sidewalks. He reminded that the goal is to receive Council direction and
guidelines so staff can enforce the code and stressed that there is no desire to
limit free speech. He then reviewed the options for bringing court action in
order to obtain a judicial determination on time, place and manner restrictions.
This could be a condition to approving the ordinance. Mr. Watts noted that the
ordinances provide for adopting administrative regulations to address
situations as they arise.
Clarifying questions from Council were about the rationale for maximum width
of a sign being carried versus placed on the sidewalk and whether to add a
specific distance from an entrance similar to that from a bench. Council
reviewed photographs and discussed what would be out of compliance in
the particular situations. There were questions about the number of
complaints received and whether the City obtained a third party review.
Public Comment:
David Goldman spoke about his concerns for requiring that free speech activity
be 50 feet from public art and against staff having authority to adopt
administrative regulations without oversight by elected officials.
David Langum spoke against the ordinance as too restrictive in terms of the
public art distance and because it suppresses free speech.
Jim Todd commented that a 50 -foot buffer for the purpose of enjoying the art is
silly in that the public climbs all over artwork preventing people from enjoying it.
Steve Oakford urged investigating and specifying what free speech activity is
considered acceptable.
Jackie Aase spoke against the ordinance as a restriction on free speech.
Bob Jautz urged Councilmembers to talk directly with the gentleman about
their concerns.
Rick Jahnke spoke in favor of reducing the 50 -foot buffer around public art.
During deliberations, there was mention of the Special Projects
Committee discussion and the desire to focus on health and safety and be less
restrictive because the more specific the regulations, the more complicated it is
to craft an ordinance that covers all the possibilities. There was some
concern that as written the sidewalk ordinance would restrict busking and other
free speech activity on the sidewalks. A suggestion was to explore limiting the
free speech sign space similar to how businesses are restricted. There were
concerns about enforcement and about whether the City is in compliance
with Americans with Disabilities Act in all areas. There was some desire to
reduce the required number of feet signs needed to be from public art and to
consider providing space restrictions.
Motion: Kris Nelson moved to approve sending the concepts of free speech
and sidewalk/park use and the unintended consequences of an ordinance as
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discussed by Council to the Community Development and Land Use
Committee. Catharine Robinson seconded.
Vote: motion carried unanimously, 7 -0 by voice vote.
Mr. Watts noted that a temporary ordinance pertaining to sidewalk regulations
during the Wooden Boat Festival would come before Council on August 19.
At 8:06 p.m., the Mayor declared a recess for the purpose of a break.
At 8:13 p.m., the meeting was reconvened.
NEW BUSINESS
Ordinance 3094, Relating to Both Recreational and Medical Use of
Marijuana (Cannabis), Adopting a Moratorium on the Siting,
Establishment and Operation of any Structures or Uses Relating to
Marijuana Production, Marijuana Processing, or Marijuana Retailing,
Except Within Commercial Zoning Districts, Referring the Matter to the
Planning Commission for Hearing and Review, and Providing that the
Moratorium, Unless Extended, will Sunset within Six (6) Months of the
Date of Adoption; Establishing the Date of the Public Hearing on the
Moratorium.
City Attorney John Watts gave the staff report on the Ordinance providing
interim regulations that marijuana operations must be located in a commercial
zone of the City (much the same as any retail liquor outlet or medical office).
The ordinance would prohibit any retail and medical marijuana operations from
locating in residential zones. Staff is proposing the adoption of interim
regulations and then referring the matter to the Planning Commission for its
recommendation back to the City Council.
Public Services Director Rick Sepler noted that interim controls would not
affect commercial zoning. The Planning Commission would look at proposed
uses in residential zones.
During clarifying questions, Council discussed the map and proposed uses as
well as how much commercial area is available. Mr. Watts explained the laws
surrounding locating collective gardens (medical) versus retail marijuana
operations. If the ordinance is adopted, Council would hold a public hearing at
the next business meeting. It was suggested that there be a map with an
overlay of commercial zones. There was some discussion of recreational trails
(Larry Scott) versus parks and private versus public parks. Mr. Timmons noted
that if the Larry Scott were removed as a park, design standards could be
affected.
Public Comment: James Loe of Port Townsend spoke about his background
on this topic of starting a collective garden to help with providing highest quality
cannabis.
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Kurt Loe of Port Townsend spoke in support of allowing home occupation.
Grayson Hook of Port Hadlock spoke in support of the new medical
marijuana regulations and about the quality of life benefits he has seen in the
community among those who use cannabis.
Jean Ball of Chimacum spoke in support of being able to farm marijuana. She
offered to answer any questions.
Motion. Deborah Stinson moved to approve waiving Council rules and
approving Ordinance 3094, Relating to Both Recreational and Medical Use of
Marijuana (Cannabis), Adopting a Moratorium on the Siting, Establishment and
Operation of any Structures or Uses Relating to Marijuana Production,
Marijuana Processing, or Marijuana Retailing, Except Within Commercial
Zoning Districts, Referring the Matter to the Planning Commission for Hearing
and Review, and Providing that the Moratorium, Unless Extended, will Sunset
within Six (6) Months of the Date of Adoption, Establishing the Date of the
Public Hearing on the Moratorium and amending Exhibit A, Section 2 to read
as follows ..... the siting limitations for "marijuana producers, " "marijuana
processors" and "marijuana retailers" which apply to the Washington State
Liquor Control Board's issuance of such licenses for such.... Robert Gray
seconded.
Vote: motion carried unanimously, 7 -0 by voice vote.
Resolution 13 -022, authorizing the City Manager to award and sign all
Contracts for the Construction of the Sheridan Street Sidewalks I Project
City Manager David Timmons gave the staff report about the Sheridan Street
Sidewalk project.
Questions from Council were whether staff partnered with Jefferson Transit,
which Mr. Timmons confirmed. City Engineer Dave Peterson explained the
boundaries of the project.
There was no public comment.
Motion: Catharine Robinson moved to approve Resolution 13 -022, authorizing
the City Manager to award and sign all Contracts for the Construction of the
Sheridan Street Sidewalks l Project. Mark Welch seconded.
Vote: motion carried unanimously, 7 -0 by voice vote.
Resolution 13 -023, Authorizing the City Manager to Award and Sign All
Contracts for the Repair of the Walker Street from Lawrence Street to
Blaine Street
Public comment: none
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City Manager David Timmons and City Engineer David Peterson gave the staff
report on the pavement repair proposed on Walker Street.
Mr. Timmons reported that Jackson Street paving is to be done the week of
August 14. There was a brief discussion about public trying to cross at Sims
Way and Benedict Street. Public Works Director Ken Clow explained the
complexities of adding a crosswalk at this intersection.
Motion: Catharine Robinson moved to approve Resolution 13 -023, Authorizing
the City Manager to Award and Sign All Contracts for the Repair of Walker
Street from Lawrence Street to Blaine Street. Robert Gray seconded.
Vote: motion carried unanimously, 7 -0 by voice vote.
Police Vehicle Purchase
City Manager David Timmons gave the staff report explaining the need for
replacing three of the remaining 2003 police vehicles. The next cars to be
replaced are the 2007 models. He noted that this is a purchase versus a lease.
Public Comment:
Patrick Moore urged restricting police cars from driving to Discovery Bay to
park on the Washington State Department of Transportation site (resulting in
an additional 125 miles a week on each car).
Mr. Timmons noted that this has already been identified as a collective
bargaining issue to be dealt with in the next contract.
Motion: Deborah Stinson moved to approve authorizing the City Manager to
execute a purchase agreement for three 2014 Ford Police AWD Interceptor
Utility Vehicles and accessory equipment through Master Contract Usage
Agreement with State Department of Enterprise Services. Mark Welch
seconded.
Vote. motion carried unanimously, 7 -0 by voice vote.
PRESIDING OFFICER REPORT
Mr. King reported that he attended a State Parks open house on a draft lease
with the Fort Worden Public Development Authority.
CITY MANAGER REPORT
City Manager David Timmons reported on the following:
- Responded to Mr. Moore's comments about travel expense reimbursement and
fireworks.
- Suggested workshop topics for August 12.
- Requirements of the agreement with the Port on Kah Tai have been completed.
Some additional work is needed on 6f map restrictions.
- The Standard and Poors bond rating has been upgraded, improving the credit
rating for the utility fund.
City Council Business Meeting August 5, 2013 Page 6 of 7
SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING
AND /OR STUDY SESSION
COMMENTS FROM COUNCIL
EXECUTIVE SESSION
ADJOURN
There being no further business, the meeting was adjourned at 9:37 p.m.
Attest:
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Pamela Kolacy, MMC
City Clerk
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