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HomeMy WebLinkAbout02252002CITY COUNCIL OF THE CITY OF PORT TOWNSEND MINUTES OF THE SPECIAL BUSINESS MEETING OF FEBRUARY 25, 2002 The City Council of the City of Port Townsend met in regular session this twenty-fifth day of February 2002, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Kees Kolff presiding. ROLL CALL Councilmembers present at roll call were Freida Fenn, Kees Kolff, Geoff Masci, Catharine Robinson, Michelle Sandoval and Alan Youse. Mr. Finnie was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, BCD Director Jeff Randall, and City Clerk Pam Kolacy. Mayor Kolff noted he was not feeling well and asked that Deputy Mayor Fenn act as presiding officer. CHANGESTOTHEAGENDA Ms. Fenn stated that an executive session would take place which would last approximately 30 minutes, that the session would be in regard to potential litigation, and that action was anticipated following the session. She then proposed reversing the order of the agenda to address Items V (Clearing and Grading) and VI (Planning Commission appointments) before the break and then addressing items III (Council Rules of Procedure) and IV (Legislative Work Plan/Reconcile Priorities) after the break. EXECUTIVE SESSION At 6:35, Deputy Mayor Fenn announced the Council would go into Executive Session regarding potential litigation, which would last approximately 30 minutes. Action may be taken after the session. At 7:05, Deputy Mayor Fenn returned to Chambers to state that the session would continue approximately 20 more minutes. RECONVENE The meeting was reconvened at 7:30 p.m. CLEARING AND GRADING City Council Special Business Mtg Page 1 February 25, 2002 ORDINANCE NO. 2799 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING INTERIM STANDARDS FOR TREE CLEARING AND PLANTING, PROVIDING FOR SEVERABILITY Mr. Kolff stated he would like to begin the process of establishing an ordinance that deals with clearing and grading and tree preservation. He suggested adoption of the interim ordinance to get the public process going. Because the interim ordinance would be effective for six months, a public hearing could be set within that time frame for public comment regarding the final legislation. Mr. Watts noted that because Planning Commission will be busy over the next four months with the Comprehensive Plan update, the Council may want to address this directly. He distributed a sample ordinance from Tukwila which he characterized as a good skeleton framework but a more complicated ordinance than would be needed for Port Townsend. Ms. Robinson clarified that the council could adopt an interim ordinance which could change when adopted permanently; and that the interim ordinance would not go through the Planning Commission and would be in effect for six months. She asked if the issue were addressed in the Comp Plan. Mr. Randall answered that he has not reviewed the Comprehensive Plan for specific policies on vegetation retention. Mr. Youse stated that he is opposed to interim ordinances and would prefer to get staff and public input to draft a permanent ordinance. Mr. Watts explained the primary points of the draft ordinance. Mr. Randall added some changes to make the ordinance consistent with the Port Townsend Code. Motion: Ms. Sandoval moved to waive council rules and make the first reading the second and the third by title only. Mr. Kolff seconded. Mr. Masci stated that the rules should be waived only when compelling or necessary. He stated this ordinance is premature and has had no public exposure. He asked that the citizens have a chance to see it before the council votes and will not support the motion. Vote: the motion to waive council rules carried 4-2, by voice vote, with Mr. Masci and Mr. Youse opposed. City Council Special Business Mtg Page 2 February 25, 2002 Motion: Ms. Sandoval moved to adopt interim Ordinance 2799 with change suggested by Mr. V~atts and Mr. Randall regarding diameter of trees and conformance with the Port Townsend Municipal code (i. e., reference to "shoreline impact environment"). Mr. Kolff seconded. Mr. Masci stated that the ordinance is "overkill" and stated it creates far too much bureaucracy and review. He listed several specific sections of the ordinance to illustrate his objections and urged the council to reject the ordinance for a more workable piece of legislation. Mr. Watts clarified that mandatory standards within the ordinance must be read in connection with the exemptions listed. Mr. Youse noted that it is apparent there is some confusion about what is in the ordinance. He added that he is against a quick judgment and urged that the issue be put before the public and possibly a committee so that the citizens have assurance that the city is not jumping to any quick action without complete information. Ms. Fenn stated that passing the interim ordinance gets the Council involved in a public process and that the ordinance can be refined within the six month interim period. Mr. Masci stated he sees no compelling need to rush through an interim ordinance when it can come through the normal process. Mr. Youse said he is not opposed to the ordinance, he thinks it is needed; however the council needs to convey to the public exactly what this is saying so people feel more comfortable with it. Ms. Robinson stated she supports the concept and would support this interim ordinance if she were sure that a public hearing would be held as soon as possible. Ms. Sandoval requested staff look at the Bainbridge Island ordinance and requested Mr. Masci's specific comments in writing. Mr. Youse noted he owns wooded property and asked it he would need to recuse himself from the discussion and decision. Mr. Kolff added that he also owns property containing significant trees within the city limits. Mr. Watts stated that in this legislative matter, councilors would not be required to recuse themselves. Consensus was to schedule a public hearing for Monday, March 25. Vote: the motion carried 4-2, by roll call vote, with Mr. Masci and Mr. Youse opposed. City Council Special Business Mtg Page 3 February 25, 2002 PLANNING COMMISSION APPOINTMENTS Mr. Kolff stated that one of the applicants, David Allen, has withdrawn his application for appointment to the Planning Commission. He presented his appointments to the council for confirmation and noted that the assignments to particular positions are essentially random; he noted that the issue of the one-year appointments has been discussed with the potential appointees, and that the one-year term does not necessarily mean they would not receive consideration for reappointment. Public comment None Motion: Ms. Robinson moved to confirm the following appointments to the Planning Commission. Mr. Sandoval seconded. Position 1 Alice King Term expires 12/31/05 Position 2 Richard Berg 12/31/05 Position 3 Cindy Thayer 12/31/02 Position 7 Michael Hyland 12/31/05 Position 8 Nancy Dorgan 12/31/02 Position 9 Frank Benskin 12/31/02 Motion: Mr. Masci moved to divide the question and vote on the appointments individually. Mr. Youse seconded The motion failed, 2-4, by voice vote, with Mr. Youse and Mr. Masci voting in favor. Vote on main motion: opposed motion carried, 4-2, by voice vote, with Mr. Masci and Mr. Youse BREAK Deputy Mayor Fenn called for a break in the meeting at 8:35 p.m. RECONVENE The meeting was reconvened at 8:45 p.m. Mayor Kolff left the meeting during the break. City Council Special Business Mtg Page 4 February 25, 2002 COUNCIL RULES OF PROCEDURE Deputy Mayor Fenn suggested that Councilors Kolff and Finnie have expressed an interest in participating in the discussion, that only the staff presentation and public comment be heard. Mr. Watts suggested the staff presentation also be deferred so it need not be repeated so the discussion can occur at the same meeting. Motion: Mr. Masci moved to postpone items III (Council Rules of Procedure) and IV (Legislative Work Plan~Reconcile Priorities) to the March 4 business meeting. Mr. Youse seconded Mr. Youse noted he may not be able to attend the March 4 meeting and asked for postponement to March 18. Mr. Masci suggested that if all councilors were not able to attend on March 4, the items could be continued to the following business meeting. Vote: the motion carried unanimously, 5-0, by voice vote. ADJOURN The meeting was adjourned at 8:55 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Special Business Mtg Page 5 February 25, 2002