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HomeMy WebLinkAbout012114CITY OF PORT TOWNSEND MINUTES OF THE BUSINESS MEETING OF JANUARY 21, 2014 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The Port Townsend City Council met in regular session on Tuesday, January 21 at 6;30 p.m. in the Council Chambers at 540 Water Street. The meeting was called to order by Mayor David King. ROLL CALL Council members present at roll call were Pamela Adams, Robert Gray, David King, Kris Nelson, Michelle Sandoval and Deborah Stinson with Catharine Robinson excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, Community Services Director Rick Sepler, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA There were no changes to the agenda. SPECIAL PRESENTATION Jefferson County Special Presentation - Clean Water District Mike Dawson, Jefferson County Public Health Water Quality Program, stated he is here at the request of the Board of Health. He reviewed a presentation regarding the first round of stormwater sampling (dry season and wet season) in Port Townsend and answered questions from Council members about the project. There was some concern about high bacterial levels at certain sites in the wet season. Possible causes of these levels are being studied and another round of sampling will be done this year. COMMENTS FROM THE PUBLIC Nelson Ludlow regarding his company, Mobilisa, and their activities in the past year. CONSENT AGENDA Approval of Bills, Claims and Warrants Electronic Fund Transfers in the amount of $21,973.44 Vouchers 122483 through 122542 in the amount of $200,738.90 Vouchers 122453 through 122549 in the amount of $9,346.28 Vouchers 122550 through 122571 in the amount of $2,716.68 Vouchers 122573 through 122622 in the amount of $472,043.38 Vouchers 122623 in the amount of $33,000.00 Vouchers 122624 through 122631 in the amount of $131,493.79 City Council Business Meeting January 21, 2014 Page 1 of 5 Approval of Minutes: January 6, 2014 and January 13, 2014 Resolution 14-003 Authorizing the City Manager to Execute Agreements with the Following Governmental, Nonprofits and Other Entities Consistent with Fiscal Year 2014 Approved Budget: Port Townsend Civic Trust -Main Street; Jefferson County Library - Cooperative Library Automated Network (Clan); CP Communications - Christina Pivarnik; Olympic Peninsula Tourism Council; Chamber of Commerce / Visitor Information Center Advisory Board Appointments as follows: 1. Parks, Recreation and Tree Advisory Board: Sarah Fairbank (Position 3, Unexpired Term ending May 1, 2015); 2. Planning Commission: Dwight Nicholson, reappointment (Position 6, Term expires December 31, 2016); Jack Range, reappointment (Position 1, Term expires December 31, 2016); Nan Evans, appointment (Position 5, Unexpired Term ending December 31, 2015); Douglas Frick, appointment (Position 7, Term expires December 31, 2016); 3. Historic Preservation Committee: Don Schussler, appointment (Position 1, Unexpired Term ending May 1, 2014); 4. Civil Service Commission: Gail Ryan, reappointment (Position 1, Term expires May 1, 2016); 5. Arts Commission: Dominica Lord -Wood, appointment (Position 5, Term expires May 1, 2016); Lisa Wentworth, appointment (Position 6, Term expires May 2, 2016); 6. Lodging Tax Advisory Committee: Xoe Huffman, appointment (Ex- officio/Nonvoting Main Street Position 12, Unexpired Term ending May 1, 2015). Motion: Deborah Stinson moved to approve the consent agenda. Kris Nelson seconded. Vote: motion carried unanimously, 6-0 by voice vote. UNFINISHED BUSINESS A. Ordinance 3103 Extending the Moratorium in Ordinance 3094 (August 5, 2013) on the Siting, Establishment and Operation of any Structures or Uses Relating to Marijuana Production, Marijuana Processing, or Marijuana Retailing, Except Within Certain Commercial Zoning Districts, with an Amendment to Allow Production and Processing in the MC (Mixed Commercial/Light Manufacturing) Zoning in Addition to Commercial Zoning; and Providing that City -Issued Business Licenses and Development Permits Relating to Cannabis Do Not Confer Any Vested Rights; and Establishing an Amortization Period for any Such Future Non -Conformation Cannabis -Related Uses Or Structures City Attorney John Watts reviewed the packet materials and noted that changes from the August 2013 ordinance have been incorporated to reflect recently adopted Liquor Control Board regulations that prohibit co -location of retail activity with either processing or production of marijuana. Based on this required separation and to require location of marijuana production and processing out of the Commercial zones, the recommendation is that production and processing activities would be limited to Mixed Use Commercial -Light Manufacturing zoning which is located in certain areas off upper Sims Way and would include the Port Townsend Business Park which is a planned unit development that allows for a mix of uses. The August interim regulations that require any medical marijuana "collective garden" to be sited only in Commercial zoning remains in place. A "collective garden" operation does not allow "grow" operations of medical marijuana. City Council Business Meeting January 21, 2014 Page 2 of 5 He added that the ordinance does not vest any marijuana -related business license or development permit that is later made non -conforming through the adoption of permanent zoning regulations but provides a six month amortization period in which to achieve zoning code compliance or cease operations. Mr. Watts referred to a recent State Attorney General opinion allowing a jurisdiction to prohibit retail marijuana businesses within their community. Some cities have elected that option although it is not proposed for Port Townsend. Staff recommends extending the ordinance by approving first reading, then moving it forward to the Planning Commission for public input, deliberation and recommendation. Community Services Director Rick Sepler noted that the current moratorium protects options in the future. He stated that the Planning Commission will begin their work on the ordinance this week and he will have a better idea of how long that process will take after that meeting; the recommendation could come forward in April. Ms. Sandoval stated she wished to disclose that she has family members who have applied for a processing license in Jefferson County (not in Port Townsend). City Attorney Watts recommended that she recuse herself on the basis of a potential financial interest. At this time, it was determined without objection from Councilors that she would participate in the discussion but not in the vote. Questions from the Council included: an update on the County's policy (they believe their existing zoning is sufficient and have agricultural land and less density); further explanation of the Light Industrial Mixed Use zone locations; challenges related to producing and processing in contrast to retail (security issues, potentially hazardous materials); definitions of producing (to grow) and processing (to turn into another product); number of retail operations allowed (one in Port Townsend, with several applicants). There was no public comment. Council discussion ensued regarding the potential for economic development, the fact that there are few sites within the City where a production facility could be sited, definition of a park for purposes of siting outside the 1000 foot buffer required (noted that this has now been defined as a park controlled and operated by a municipality so trails are not included); potential impacts to neighborhoods without thoughtful regulations; relationship between this issue and the lack of support networks in the County and City for victims of substance abuse (potential for Jefferson Healthcare to address); possible "splitting" of issues so that retail regulations might be addressed more quickly. It was added that a moratorium is necessary because it gives the City an opportunity to wait for the state to settle on regulations, to craft reasonable regulations for the community, and to prevent unregulated uses that are not currently addressed in the current code. Motion: Kris Nelson moved to approve first reading of Ordinance 3103 Extending the Moratorium in Ordinance 3094 (August 5, 2013) on the Siting, Establishment and Operation of any Structures or Uses Relating to Marijuana Production, Marijuana City Council Business Meeting January 21, 2014 Page 3 of 5 Processing, or Marijuana Retailing, Except Within Certain Commercial Zoning Districts, with an Amendment to Allow Production and Processing in the MC (Mixed Commercial/Light Manufacturing) Zoning in Addition to Commercial Zoning, and Providing that City -issued Business Licenses and Development Permits Relating to Cannabis Do Not Confer Any Vested Rights, and Establishing an Amortization Period for any Such Future Non -Conformation Cannabis -Related Uses Or Structures Robert Gray seconded. Vote: motion carried unanimously, 5-0 by voice vote. There was further discussion regarding rules governing recusal. Mr. Watts noted the difference between quasi-judicial and legislative matters. He will review tonight's situation and report back to Council. Parks, Recreation & Facilities Update Mayor King reviewed the sequence of events following the tabling of efforts to create a Metropolitan Park District in October. At that time discussions began around the recommendation of the Exploratory Regional Parks and Recreation Committee to jointly craft an alternative joint services model for provision of parks and recreation. He noted the City Manager has crafted a joint services model which includes a contractual agreement that would fund repairs of Mountain View, the Community Center and Memorial Field as well as addressing long term needs of future liability for ownership and use of these facilities. This plan has been rejected by the County and it appears that a comprehensive joint approach to sustaining parks and recreation in East Jefferson County is out of reach in the near future. The City plans to continue to transfer Proposition 1 funds to the County under the interlocal agreement. These funds are dedicated to providing recreational programs and continuing maintenance and operation of the Community Center and Memorial Field until the end the agreement (May 2015). Mr. Timmons reviewed his plan in depth and asked that the Council affirm that there is no further benefit to meetings with the County so we need to focus on a City solution. There is an urgency to dealing with the facility issues at Mountain View if that property is to continue to house the Police Department, pool, YMCA and other community services. There was no public comment. There was further Council discussion regarding the wording of the Mayor's proposed newsletter article and of a motion directing action on this matter. Motion: Michelle Sandoval moved to notify the County and the task force that the City is concluding our discussions about a joint plan; 2) let the County know that in light of this, we intend to review and update the interlocal to carry through May 2015 with a strong emphasis on continuing current programs in consultation with the City; 3) direct the City Manager to develop a strategy for Council review on how to address critical needs at Mountain View. Deborah Stinson seconded. Vote: motion carried unanimously, 6-0 by voice vote. NEW BUSINESS - NONE PRESIDING OFFICER'S REPORT City Council Business Meeting January 21, 2014 Page 4 of 5 Mayor King said he is working on committee assignments. Ms. Sandoval has agreed to serve on the Finance and Budget Committee. He will bring further proposals forward soon. He also reported on a discussion with the chair of the Library Advisory Board and the interview process for the Fort Worden PDA accommodations manager. CITY MANAGERS REPORT Mr. Timmons talked about progress on building Mountain View Partnerships, the second Council workshop on strategic planning in February, and the Association of Washington Cities legislative lobby day in Olympia next week. SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION COMMENTS FROM COUNCIL Councilors commented on the public hearing regarding Whidbey Naval Base growler program, PLAY meeting, and whether to go on record against captivity of whales. EXECUTIVE SESSION 01 1 01TI7 kJ There being no further business, the meeting was adjourned at 8:59 p.m. Attest: Pamela Kolacy, MMC City Clerk City Council Business Meeting January 21, 2014 Page 5 of 5