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Home My WebLink About090313 CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF SEPTEMBER 3, 2013 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The Port Townsend City Council met in regular session the 3rd day of September 2013 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 David King, Kris Nelson, Michelle Sandoval, Deborah Stinson, and Mark Welch with Robert Gray and Catharine Robinson excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Development Services Director Rick Sepler, Police Chief Conner Daily, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mayor King noted that Item IX. A Prothman Contract has been removed from the agenda and remanded to the Succession Planning Committee for further review. In addition, an executive session has been scheduled for this evening to discuss personnel issues. SPECIAL PRESENTATION State Department of Ecology Wastewater and Compost Facility Treatment Award Pat Bailey from the Department of Ecology was on hand to present awards to the wastewater and compost facility treatment plants. Jim Freitas, on behalf of the compost facility and John Merchant on behalf of the wastewater facility were present to accept. The wastewater treatment plant has received the 100% compliance award for 15 consecutive years. John Merchant introduced facility staff members in attendance. COMMENTS FROM THE PUBLIC Public comment There was no public comment. CONSENT AGENDA Bills, Claims and Warrants City Council Business Meeting September 3, 2013 Page 1 of 4 Electronic Funds Transfer in the amount of$95.30 Approval of Minutes: August 19, 2013 Motion: Mark Welch moved to approve the consent agenda. Deborah Stinson seconded. Vote: motion carried unanimously, 5-0 by voice vote. PUBLIC HEARING 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. After determining there would be little or no public testimony, Mayor King requested that City Attorney John Watts present the staff report. Mr. Watts explained that the public hearing is a procedural requirement by State law when an interim land use rule is adopted. Action tonight would be to adopt as findings the recitals previously adopted in Ordinance 3094, thereby leaving in place the interim zoning rules pending Planning Commission recommendation and City Council action. Mayor King briefly reviewed the rules of procedure for public hearings and opened the floor for public comment. Public Comment: Steve Oakford stated concerns about a lack of buffer near the church at Hastings and Hancock. Mr. Watts responded that the map supplied was a preliminary map showing only state requirements, not the complete proposed City buffers. Once the state rules come forward, the Planning Commission will make more specific recommendations to the Council on siting regulations. During Council discussion, Ms. Nelson noted a "cut and paste" error in Section 4 on page 3 of 4 of Ordinance 3094. Staff will correct references to historic structure demolition. Motion: Michelle Sandoval moved to adopt as findings the Recitals previously adopted in Ordinance 3094, thereby leaving in place the interim zoning rules pending Planning Commission recommendation and City Council action with changes as discussed, removing language regarding Historic Demolition from the Ordinance. Kris Nelson seconded. Vote: motion carried unanimously, 5-0 by voice vote. City Council Business Meeting September 3, 2013 Page 2 of 4 UNFINISHED BUSINESS Ordinance 3096, Amending Chapter 5.40 of the PTMC - Taxicabs to Update Regulations Relating to For Hire Business Operations City Attorney John Watts reviewed the packet materials and referred to an e-mail sent late this afternoon regarding ride sharing. The practice is currently exempt from state regulations. He noted that the current ordinance incorporates Council comments suggested on August 19 prior to approval of the first reading. He also stated the Ordinance includes options for Council to consider regarding local licensing requirements. Mr. Watts suggested that his recommendation that a Washington driver's license be required for a non-motorized for-hire vehicle be retained since carrying passengers using public streets should have some demonstrated knowledge of the rules of the road. Further, it was suggested that the use of the term "driver's license" when referring to a City-issued license should be changed to "driver's endorsement" so that the distinction is clear. Public comment Steve Oakford stated if a person is providing transportation services and charging a fee for it they should all come under similar regulations and insurance requirements. This would prevent complaints about unfair competition. If passengers are paying for a ride, the driver should be vetted and the playing field should be level for competing businesses. Council discussion included debate over whether different regulations should apply to pedi-cabs and motor vehicles, and potential changes in the language relating to felony convictions. Mr. Watts explained that state law provides for non-discrimination against felons unless the felony relates to the particular appointment which is being considered. It was generally agreed that in order to protect the City from liability, some across-the- board standard should be applied to determine whether the operator of any vehicle for hire has knowledge of rules of the road and the most logical standard is possession of a valid driver's license. Regarding felonies, the point was made that language might be changed to eliminate applicants who have recently been convicted of a felony (not convicted several years ago) and that a felony consisting of a crime "against a person" might be a reasonable requirement. There was agreement to eliminate the requirement in 5.40.040 B 2 (must have had a driver's license for at least three years) and add "crime against a person" and specify a time limit (i.e. "within the last five years") in B 3. City Council Business Meeting September 3, 2013 Page 3 of 4 Motion: Kris Nelson moved to approve Ordinance 3096, Amending Chapter 5.40 of the PTMC - Taxicabs to Update Regulations Relating to For Hire Business Operations with changes (change 'license"to "endorsement" when referring to City license, eliminate paragraph 5.40.040 B 2 and clarify language about a qualifying felony to make it a "crime against a person" within the last five years). Michelle Sandoval seconded. Vote: motion carried unanimously, 5-0 by voice vote. NEW BUSINESS Authorize City Manager to execute contract with Prothman for succession planning and recruitment services (note: this item was withdrawn from the agenda) PRESIDING OFFICER REPORT Mayor King reported on the ribbon cutting ceremony for the opening of the Esplanade. CITY MANAGER REPORT Mr. Timmons commented on the completion of the Esplanade, signs arriving for installation under the Wayfinding program, and strong August revenue figures. He also commented on Parkside Park funding and current staffing issues confronting the City. SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION COMMENTS FROM COUNCIL EXECUTIVE SESSION At 7:39 p.m., Mayor King declared a recess for a brief break and noted that Council would then convene in an executive session to review the performance of a public employee. He stated the session would last about 30 minutes, with no action anticipated. ADJOURN The Council reconvened at 8:05 p.m. There was no further business, so the meeting was adjourned at 8:06 p.m. Attest: r w Al, Pamela Kolacy, MMC City Clerk City Council Business Meeting September 3, 2013 Page 4 of 4