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HomeMy WebLinkAbout06111998 Min Ag · CITY OF PORT TOWNSEND PLANNING COMMISSION AGENDA Pope Marine Park Building, 7:00 PM Workshop Meeting I. ROLL CALL II. APPROV AL OF MINUTES: May 28, 1998 III. COMMUNICATIONS: Current mail IV. OLD BUSINESS A. Planning Commission Public Hearings Procedures Workshop 1. Staff Presentation (Tim McMahan) 2. Commission Discussion · V. NEW BUSINESS VI. ANNOUNCEMENTS: Next Scheduled Meetings June 25, 1998 July 9, 1998 July 30, 1998 VII. ADJOURN · June 11, 1998 c' -... · · · . ~1. ~. PLANNING COMMISSION MINUTES Workshop Meeting June 11, 1998 I. ROLL CALL The meeting was called to order at 7:00 p.m. in the Pope Marine Park Building by Chair Cindy Thayer. Other members in attendance were Lisa Enarson, Karen Erickson and Nik Worden. John Boles and Craig Johnson were excused. Lois Sherwood was unexcused. Staff members present were Bruce Freeland and Tim McMahan. II. APPROVAL OF MINUTES Motion to approve the minutes of May 28, 1998, as written and corrected was made by Mr. Worden and seconded by Ms. Enarson. All were in favor. III. COMMUNICATIONS: Current Mail-- There was nothing. IV. OLD BUSINESS A. Planning Commission Public Hearings Procedures Workshop 1. Staff Presentation (Tim McMahan) ~ Quasi-Judicial Public Hearings Procedures, Preliminary Discussion Draft 3 Mr. McMahan explained this draft incorporated changes requested by the Planning Commission. ~ Port Townsend Planning Commission Rules of Procedure 2. Commission Discussion ~ QUASI-JUDICIAL PUBLIC HEARINGS PROCEDURES, Preliminary Discussion Draft 3 Discussion -- 2.15 Ouestions and Cross-Examination by the Public. 1) To allow the public to cross examine each other through the Commission, rather than between those involved. Ms. Thayer indicated direction is provided in the paragraph where it says, "Where the chair believes that questions are irrelevant. . . " .' . . . . . Planning Commission Minutes June 11, 1998 Page 2 Mr. McMahan pointed out this is very important in defending actions by the City regarding scientific standards or criteria. He said anybody has the right to ask anybody questions, but the preferred way to allow cross-examining is through the Chair. 2) The right of proponents or opponents of permit applications to question testimony. Mr. McMahan suggested changing to say, "Proponents or opponents of permit applications may present questions . . . " Consensus: Clarify as suggested by Mr. McMahan 3) Q. Who has the right to testify? A. Anyone present. MOTION Erickson Approve this draft to be brought back to a regular meeting for final approval. SECOND VOTE Worden Unanimous - 4 in favor ~ PORT TOWNSEND PLANNING COMMISSION RULES OF PROCEDURE 1) 3.2 Election of officers -- Consensus: "shall take place once each year on the occasion of the last meeting in November of each calendar year. The term of each officer shall run from January 1 until December 31 of the following year." 2) 8. Absence of Members -- (Forwarding to the City Council) There was unanimity that this information should be forwarded to the Mayor, since the Mayor appoints and the City Council confirms appointments. Mr. McMahan to research. Mr. McMahan's recollection was that the Planning Commission statute requires that to provide protection that Planning Commissioners are not removed for political purposes, Council is to take the action. 3) 11.3 Acc~ptance of Agenda-- Consensus: Leave as is. 4) 12.2 Length of meeting -- Consensus: Change to, "No new business. .. after 9:30 p.m." 5) 12.6 All persons wishing to ~peak to the Commission at a public hearing-- Consensus: End sentence with "program agenda." Eliminate remainder of sentence. I .. . . . . . . Planning Commission Minutes June 11, 1998 Page 3 6) 12.9 Any Planning Commissioner may submit a minority report -- Consensus: Change to, ". . . any two or more Planning Commissioners may submit a minority report . . . " MOTION Enarson The Planning Commission Rules of Procedures discussed this evening be corrected by the City Attorney and brought back for final review. SECOND VOTE Erickson Unanimous, 4 in favor V. NEW BUSINESS County Comprehensive Plan Mr. Freeland gave a summary of the current status. He suggested inviting Al Scalf from the County to a briefing requested by the Planning Commission. Public participation in workshops Mr. McMahan indicated that when you have a workshop that is not a noticed public hearing and some people are allowed to testify and others are not, procedural due process rules are not as stringently applied. Discussion continued regarding concern that if you open a workshop for too much audience participation, the Commission does not get done what they are to do. The question was raised as how to weigh the public's right to input with the Commission's ability to function and get through a process. Type III - Hearing Examiner Review Mr. McMahan distributed and discussed a portion of an ordinance that is being presented to City Council next Monday. He stated that ordinance will affect public hearing procedures. Mr. McMahan explained that to empower an examiner to hear an issue as the final decisionmaker, by law they had to provide a code to do so. He referenced PTMC 20.01.045, Section 4, and said this portion expands the scope of the examiner to cover two things: ~ AI. "In the exclusive, discretionary judgment of the city council, the application may involve potential appearance of fairness concerns related to the participation of either the planning commission or the city council as decision makers; and/or" ~ A2 "In the exclusive, discretionary judgment of the city council, the application seeks permits for a property development project which will involve complex legal, factual and planning issues necessitating special expertise in the decision maker." ~ · · · "",.-. Planning Commission Minutes June 11, 1998 Page 4 Mr. McMahan said the Council was interested in having the ability on a case-by-case basis to refer these issues to a Hearing Examiner. Ms. Enarson requested the need and role of the Planning Commission be re-examined. Mr. Freeland noted the potential of moving quasi-judicial material to the hearing examiner, and Mr. McMahan pointed out that legislative work is clearly within in the province of the Planning Commission under the law, and the Planning Commission remains extremely important in that area. City Council Comprehensive Planing docket items hearing -- June 15, 1998 VI. ANNOUNCEMENTS: Next Scheduled Meetings June 25. 1998 July 9. 1998 July 30. 1998 VII. ADJOURN Motion to adjourn the meeting was made by Ms. Erickson and seconded by Ms. Enarson. All were in favor. The meeting adjourned at 8:10 p.m. J4t~ Sheila Avis, Minute Taker