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HomeMy WebLinkAbout031714CITY OF PORT TOWNSEND MINUTES OF THE CITY COUNCIL BUSINESS MEETING OF MARCH 17, 2014 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The Port Townsend City Council met in regular session on March 17, 2014 in the Council Chambers at 540 Water Street. Mayor David King called the meeting to order at 6:30 p.m. ROLL CALL Councilmembers present at roll call were Pamela Adams, Robert Gray, David King, Catharine Robinson, Michelle Sandoval, and Deborah Stinson with Kris Nelson excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, Community Services Director Rick Sepler, Finance Special Projects Director Bob Jean, Interim Library Director Bev Shelton, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA City Manager Timmons requested that action to amend the architect's contract for Library services be added to new business. The item was added as New Business, Item B. SPECIAL PRESENTATION Introduction of Michael Deighton of Fort Worden Public Development Authority PDA Board Member Scott Wilson introduced Mike Deighton, the new General Manager of the Fort Worden Public Development Authority. Library Collaboration Update Ann Healy -Raymond (School District Library Media Specialist), Jean Marie Tarascio (City Library Youth Services Director), and consultant Kris Mayer reviewed a presentation on the School District and City library collaboration project funded by a Paul Allen grant. COMMENTS FROM THE PUBLIC There was no general public comment. City Council Business Meeting March 1. 7, 2014 CONSENT AGENDA Approval of Bills, Claims and Warrants: Vouchers 122899 through 122908 in the amount of $224,881.92 Voucher 122909 in the amount of $600.00 Vouchers 122910 through 122927 in the amount of $8,681.31 Vouchers 122928 through 122931 in the amount of $82,260.19 Voucher 122934 in the amount of $13,527.97 Approval of Minutes: February 3, 2014 and March 3, 2014 Minutes of the February 3, 2014 meeting will be corrected to reflect Michelle Sandoval as absent, excused and correct the vote on Ordinance 3103 from 117-0" to "6-0." Contract authorization for Windridge Solutions (Digital Marketing) Motion: Michelle Sandoval moved to approve the consent agenda with corrections to minutes of February 3, 2014. Catharine Robinson seconded. Vote: motion carried unanimously, 6-0 by voice vote. PUBLIC HEARING 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; 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 -Conforming Cannabis -Related Uses Or Structures Mayor King asked if anyone wished to make public comment. After noting there was no one who intended to comment, he stated that after consultation with the City Attorney, he would waive reading the public hearing procedures and move directly to the staff report. City Attorney John Watts reviewed the staff report. He noted that after this public hearing, Council is asked to determine whether to extend, modify or terminate the interim land use rules that were unanimously adopted in Ordinance 3103 on February 3, 2014. Ordinance 3103 extended the interim marijuana zoning regulations adopted in August 2013 that required any "retail" recreational marijuana (under the 2012 1-502 initiative) and any medical marijuana "collective garden" to only locate in the City's commercial zoning district and also modified the August ordinance to require 1-502 recreational marijuana "processing" and "production" to only locate in MC (Mixed Commercial and Light Manufacturing) zoning. City Council Business Meeting March 17, 2014 He stated that the Planning Commission will hold a public hearing on the issue on March 27 and a recommendation from the Planning Commission will likely come to the Council in a few weeks. A change in circumstance since February is that it appears now that under state law, a facility operated by Jefferson Mental Health in the Business Park functions as a school that meets the Liquor Control Board definition of a school requiring a 1000 foot buffer. This would disallow recreational marijuana retail, processing or production within 1000 feet of the facility. A medical marijuana "collective garden" activity could be allowed in the Business Park as a planned unit development with C-2 commercial zoning. These changes do not change the recommendation that the interim ordinance remain in place while the Planning Commission works through the issue. Mr. Watts stated that the map in the packet was produced to aid the Planning Commission discussion and shows various buffer options. He added that cities may establish buffers around facilities that are not protected by the 1000 foot state required buffer. The buffers shown on the map are for planning purposes only at this time. The City can also establish buffers near private schools and around medical marijuana facilities. There was further discussion and explanation about the state definitions of public schools, private schools, and public parks. Public parks must be active parks to qualify for a buffer under the state law. The Council could establish buffers that are more restrictive than the state allows. There was discussion about various facilities in the City that might or might not fall within the buffer requirements. Further discussion included how vesting rights work. A business located legally under state law would be grandfathered if in existence prior to a park or school being built nearby and would not be required to relocate. A business that opens under current rules, however, would not be vested if regulations change. Exhibit A contains two references to vested rights ("vested rights doctrine" (page 4, A) and "vested rights and amortization" (page 5, section 9). Staff will review for consistency. Motion: Deborah Stinson moved adopt as findings the Recitals previously adopted in Ordinance 3103, thereby leaving in place the interim zoning rules pending Planning Commission recommendation and City Council action. Robert Gray seconded. Vote: motion carried unanimously, 6-0 by voice vote. UNFINISHED BUSINESS - NONE NEW BUSINESS Resolution 14-007, Updating And Providing For PublicWorks Department And Development Services Department Land Development Permit, Application And Appeal Fees City Council Business Meeting March 17, 2014 Move to Approve Resolution 14-007 Updating and Providing for Public Works Department and Development Services Department Land Development Permit, Application and Appeal Fees Community Services Director Rick Sepler, Public Works Director Ken Clow and City Engineer Dave Peterson reviewed proposed revisions to the fee schedules for Development Services and Public Works. The proposed fee schedules were reviewed by the Finance and Budget Committee with a recommendation to Council for adoption. The proposed increases in fees and charges would bring the City in line with the County and other area agency rates. The increase would also bring the City close to its cost recovery goal. It was noted that this proposal does not impact system development charges. There was further discussion and a suggestion to make minor formatting changes that will make the schedule easier to read. There was no public comment. Motion: Michelle Sandoval moved to approve Resolution 14-007 Updating and Providing for Public Works Department and Development Services Department Land Development Permit, Application and Appeal Fees Pamela Adams seconded. Vote: motion carried unanimously, 6-0 by voice vote. Amendment to Library Contract Public Works Director Clow discussed the Library's move back to the Carnegie Library building. Staff is requesting an amendment to the architect (Cardinal) contract to prepare final plans for electrical and building work necessary for the move. The work must be completed to meet the goal of moving back by June 1. Mr. Timmons stated that the Council will be informed of all aspects of the project. There was no public comment. Motion: Michelle Sandoval moved to authorize the City Manager to sign an amendment to the existing contract with Cardinal (Jim Cary) in an amount not to exceed $8, 000. Deborah Stinson seconded. Vote: motion carried unanimously, 6-0 by voice vote. PRESIDING OFFICER'S REPORT Mayor King reported on a meeting with representatives of Port Townsend Paper Company where various issues of common interest were discussed. He also attended the Olympic Consortium Employees Forum in Bremerton. He added that the State legislature's emergency session came to an end without any help for Cities. City Council Business Meeting March 17, 2014 CITY MANAGER'S REPORT Mountain View Action Plan Update Bob Jean, Interim Finance Special Projects Manager, noted he will be finishing his work at the end of the month in anticipation of a new Finance Director coming on board. Councilors complimented him for a job well done. Mr. Timmons said that a number of special Council meetings will be scheduled to focus on single topics such as the Library, Mountain View, water treatment project and succession plan. Mr. Timmons stated that the resolution of funding for Mountain View has a large impact on the City's five-year financial forecast. He, Mr. Jean and Mr. Sepler reviewed the executive summary and attached spreadsheet of alternatives for funding the facility and the forecast scenarios summary. More detailed back-up information will be made available to the Council soon and several opportunities for discussion will follow in the coming weeks. There was a brief discussion and question period. ADJOURN There being no further business, the meeting was adjourned at 9:09 p.m. Attest: Pamela Kolacy, MMC City Clerk City Council Business Meeting March 17, 2014