Loading...
HomeMy WebLinkAbout02102003CITY OF PORT TOWNSEND MINUTES OF THE SPECIAL SESSION OF FEBRUARY 10, 2003 The City Council of the City of Port Townsend met in special session this tenth day of February, 2003, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Kees Kolffpresiding. ROLL CALL -- PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Freida Fenn, Joe Finnie, Kees Kolff, Geoff Masci, Catharine Robinson, and Michelle Sandoval. Alan Youse was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, Building and Community Development Director Jeff Randall, and Legal Assistant Bobbie Usselman. There was no public comment on items not on the agenda. PUBLIC HEARING REGARDING ORDINANCE 2829 RE-ENACTING AND EXTENDING FOR 6 MONTHS ORDINANCE 2799, INTERIM STANDARDS FOR TREE CLEARING AND PLANTING Mayor Kolff declared the public hearing open, giving rules of order. None of the Councilors had any interest, financial or property, to disclose. BCD Director Jeff Randall indicated Council is considering a second extension to the interim tree ordinance. He stated on February 25, 2002 Council adopted an interim ordinance regulating the removal of trees on private property in Port Townsend. The purpose of the Ordinance was to maintain the status quo while the City developed a new tree protection ordinance. A public hearing was held April 1, 2002. At the close of the public hearing, a majority of the Council voted to continue to support the interim tree protection ordinance while a new ordinance was being drafted. A second public hearing was held August 19, 2002 to consider a six-month extension of the interim ordinance while the citizen advisory group continued the ordinance drafting process. A six-month extension of the interim ordinance was approved on August 22, 2002 and the interim ordinance is effective until February 28, 2003. The citizen advisory group has met seven times since the ordinance was extended in August and plans to meet one more time prior to forwarding the draft ordinance to the Planning Commission. BCD has completed the SEPA environmental review process for the draft ordinance, and has made contact with the Washington Departments of Ecology (DOE) and Natural Resources (DNR) regarding the proposed ordinance. DOE and DNR must approve the proposed ordinance before the transfer of jurisdiction over Forest Practice Act applications to the City can occur. City Council Special Business Meeting Page 1 February t0, 2003 A Planning Commission workshop is scheduled on the ordinance for February 27 and Council could consider the proposed comprehensive tree ordinance as soon as mid- March, once the sixty-day notice period to state agencies expires. He also indicated the advisory group will recommend Port Townsend to be included in the Tree City USA program. Public Comment: Forest Shomer spoke about the process stating the advisory group started with seven or eight citizens meeting with different views. After many meetings the group came to an agreement. It is hoped because it took a year to draft the ordinance that it will not need much amendment. Motion: Councilmember Sandoval moved to adopt Ordinance 2829, Re-enacting and Extending for Six Months Ordinance 2 799 Interim Standards for Tree Clearing and Planting; and directing staff to complete the advisory group review process and transmit the draft comprehensive tree ordinance to the Planning Commission for review. Councilmember Fenn seconded the motion. Motion to amend: Councilmember Masci moved Section 1 of the Ordinance be changed to read, "Ordinance 2799 adopted February 25, 2002 is hereby re-enacted and adopted by reference and extended for a period of six (6) months pom the date this Ordinance is passed, with the deletion of a reference to an application of the Ordinance to residential properties, provided that ..." He would like to see residential property exempted from the ordinance. Ms. Fenn asked Mr. Watts what were the consequences of changing Section 1 as Mr. Masci suggests. Mr. Watts stated it could be changed without altering the effect of Section 1. Ms. Fenn stated that it was not changed when it was re-enacted and she has not heard of reports of burdens to BCD. She prefers to pass it with the language as is. All Councilmembers thanked staff and citizens for their involvement in the long process. The motion to amend failed, 4-2, by voice vote. Yes: Mr. Finnie and Mr. Masci; No: Mr. Kolff, Ms. Fenn, Ms. Sandoval, and Ms. Robinson. Mr. Masci reiterated he cannot support the amendment as he has consistently felt that BCD should not be burdened with this. He supports Mr. Schomer's research that there are more trees in Port Townsend now than there were ten years ago, and will vote against this because it intrudes on private property. Ms. Fenn stated recently a citizen stopped her to tell her a mature tree had been cut out of a City right-of-way and that event stressed the neighborhood. An adjacent property owner was concerned a limb might fall and damage cars. When the residents found out the tree was not diseased, they were upset. She indicated it is a state requirement to City Council Special Business Meeting Page 2 February 10, 2003 develop a process of how to deal with forest issues within the City. She is glad we are looking at preservation and conservation as well. Mr. Finnie stated he would have been more amenable to compromise his views if we had spoken specifically to forest practices, but by adding the residential section, it was more than we needed to do. Vote on main motion without amendments carried, 4-2, by roll call vote. Yes: Mr. Kolff, Ms. Fenn, Ms. Sandoval, Ms. Robinson; No: Mr. Masci and Mr. Finnie. The public hearing ended at 7:15 p.m. SHORELINE MASTER PROGRAM FUNDING Mr. Kolff stated he was asked by Jerry Gorsline of the Washington Environmental Council to provide a letter supporting the Senate Bill 5551 relating to timelines and funding for implementation of guidelines for shoreline master programs. He consulted with Mr. Randall where the City stands with its Shoreline Master Program (SMP) and also consulted the Association of Washington Cities. He has provided a draft letter to Representative Romero for Council consideration. Mr. Randall indicated the City is currently in phase two of its plan and is drafting policies and implementation strategies. He stated that Port Townsend is ahead of most cities updating its SMP. Mr. Kolff consulted with AWC and Mr. Randall and suggests two changes to the draft letter: changing the reference line to read "Support for Shoreline Funding Legislation," and to entirely strike the second paragraph. There was no public comment. Mr. Masci stated he was distressed concerning how this item has appeared on the agenda and believes it is a violation of the Council's adopted process. He expressed concern that Mr. Kolff contacted a department head without having consulted Council about this subject, and then proceeded to bring it forward for Council action. He said he believed the Council had a commitment to follow procedures, and this action would be a violation of those procedures. Ms. Sandoval advised the issue came through the CD/LU Committee. There was further discussion among all Councilors concerning the proper protocol of issues being brought forward. Motion: Mr. Masci moved to endorse in concept SB 5551 and authorize the Mayor to send the letter with the changes suggested by the Mayor. Ms. Sandoval seconded. Ms. Fenn offered a friendly amendment to retain paragraph 2 of the letter. City Council Special Business Meeting Page 3 February 10, 2003 Mr. Randall stated he wanted to strike that paragraph because that part of the letter was drafted by Mr. Gorsline and staff was not comfortable about the facts. He is not sure what the facts are based on and he feels the purpose was to support funding the SMP and not the condition of Puget Sound. Motion to amend: Ms. Fenn offered an amendment to retain paragraph 2 of the letter. Ms. Sandoval seconded Vote: the motion to amend failed, 1-5, by voice vote: Yes - Fenn; No - Kol. ff, Sandoval, Robinson, Masci, Finnie. Vote: the main motion to endorse the letter with the change in the reference line and deletion of paragraph 2, carried unanimously, 6-0, by voice vote. Mr. Masci stated he would like to propose the Transportation Committee be tasked with NEV legislative proposals. Mr. Masci was advised this item could not be added to tonight's agenda because the meeting is a special business meeting and only items which have been previously published on the agenda may be acted upon. Mr. Timmons stated he will be out of town for the next week and Ken Clow will be acting City Manager in his absence. EXECUTIVE SESSION At 7:30 p.m., Mayor Kolff announced the Council would go into executive session to review performance of a public employee. He stated the session would last about thirty minutes and no action would be taken following the session. RECONVENE The meeting was reconvened at 8:29 p.m. ADJOURN There being no further business, the meeting was adjourned at 8:30 p.m. Minutes submitted by Bobbie Usselman, Legal Assistant Attest: Pamela Kolacy, CMC City Clerk City Council Special Business Meeting Page 4 February 10, 2003