Special Meeting

City of Chewelah

Planning Commission

May 3, 2007

A special meeting of the City of Chewelah Planning Commission was called to order at 7:08 PM.  Planning Commission members in attendance were Irv Schick, Bill Davies, Alice Crowley and Doug Sassman.  Daniel Voltz and Kevin Herda had excused absences.   Staff in attendance was Chaz Bates from Studio Cascade, Curt Kelling and Tracy Ferrell.

There were no additions, deletions and/or changes to the agenda.

The minutes of the April 5, 2007 meeting were presented.  It was noted that the format of the minutes was different from what has been previously presented.  There were no problems noted with the new format.   Irv Schick made a motion to approve the minutes as presented.   Doug Sassman seconded the motion.  The motion passed unanimously.

There was a call for Public Comments.   There were no public comments.

PUBLIC HEARING

There was a Public Hearing on a ministerial amendment to the procedural requirements of the long subdivision regulations that would change the public hearing body from the Chewelah City Council to the Chewelah Planning Commission. 

Staff Report was presented by Chaz Bates.  He noted that at the April 5, 2007 meeting a legislative markup format of the subdivision code was presented with items that were added and deleted.  The new format will change the process in which the public hearings are held from the City Council to the Planning Commission. 

Tracy Ferrell confirmed that the notification of this Public Hearing was posted in the designated posting areas. 

Mr. Bates presented the Staff findings in regards to the change.  They were as follows: 

• The proposed amendment is consistent with the intent and goals of the Chewelah and comprehensive plan and meets the requirements and intent of the Chewelah Municipal Code. 
• The proposed amendment is consistent with applicable federal and state laws and regulations. 

Mr. Bates further explained that through the new process of Public Hearing for Subdivision review, should the City Council not accept the recommendations as presented by the Planning Commission, the Council will need adopt their own findings in regards to the direction they have chosen. 

He then continued on with the Staff findings:

• The city and other responsible agencies and special zones will be able to supply the development resulting from the amended comprehensive plan or implementing ordinance with adequate roads and streets for access and circulation, water supply, storm drainage, sanitary sewage disposal, emergency services, and environmental protection. 
• The amendment adequately mitigates impacts identified through the SEPA review process, if applicable.  It is actually categorically exempt, since it is of procedural nature. 
• The amendment is beneficial to the public health, safety, and welfare and is in the public interest.  The change in the process will make it clearer to the public on when to participate and provide testimony.   It will involve some change, but is more in line and provides a greater sense of what the public can expect when they come to the Planning Commission to present testimony. 

There were no questions of staff in regards to the findings as presented. 

Mr. Bristol took an opportunity to question the Planning Commission in regards to the Appearance of Fairness.   There were no Planning Commission members that would be affected or benefit from the change in the Public Hearing procedure. 

Mr. Bates noted that the Washington State Office of Community Trade and Economic Development (CTED) had responded to his request for expedited review for the amendment.  He received confirmation that the changes in procedure have been accepted.

The floor was then open to public comment.  There was no public comment presented.   The public comment period in regards to the Amendment in Procedural requirements was closed. 

Irv Schick made a motion that - based on the findings presented by staff and the previous testimony from the City Administrator and the fact that this is referred to the Planning Commission by the City Council - the amendment to the procedural requirement of the long subdivision regulations, changing the public hearing body from the Chewelah City Council to the Chewelah Planning Commission be approved.    Doug Sassman seconded the motion.  Roll call was taken resulting in unanimous approval of the motion. 

Adoption of the Shoreline Master Program (SMP)

Mr. Bristol inquired about the Appearance of Fairness.  There were no comments or statements from the Planning Commission in regards to this. 

Mr. Bristol asked for the Staff Report.

Mr. Bates presented the Staff Report and noted that a final draft of the Shoreline Master Program (SMP) had been presented at the April 5, 2007 Planning Commission meeting.  The draft incorporated all comments heard at previous public hearings.  Mr. Bates also noted that the comments from Doug Pineo, Department of Ecology, had been provided to the Commission members.  These comments were received by Mr. Bates on or about April 21, 2007 and are substantially the same comments as presented by the Washington State Assistant Attorney General.   It was noted that based on these comments, changes have been made or explanations have been provided to Mr. Pineo. 

One major change is the fact that the SMP now has its own individual identity rather than being incorporated into the Comprehensive Plan.  It also has its own set of development and critical areas regulations. 

Another change noted was the removal of Thomason and Paye Creek from the SMP.   Designations, buffers and set backs have been changed on Chewelah Creek. 

Bill Davis asked if Thomason and Paye Creek had been added to the cities critical area zones.   Mr. Bates replied that the regulations for the critical area are currently listed.  Thomason and Paye Creek are included as areas that are frequently flooded in the Comprehensive Plan.   They are protected under regulations in the Comp Plan and in Chewelah’s existing Critical Area Ordinances.  Mr. Davis inquired about the set-back and usage restrictions for these two creeks.  It was explained that the regulations remain the same and there are no specific stream set-back corridors for Thomason and Paye Creek.    Mr. Davies pointed out that since the Department of Ecology has stated that they “may” reject the cities plan if Thomason and Paye Creek are included, he is not for the approval of the SMP as presented.  Mr. Bristol pointed out that Mr. Davies concerns are noted, however the understanding and actions of the Planning Commission are to move forward with the separation and not loose track of protection of Thomason and Paye Creek, including the addition of buffers wherever possible through the Critical Area Ordinance.  This may indicate a rewrite or update of the current Critical Area Ordinance.  A timeline for this to happen was discussed.   Mr. Bates shared that the Comprehensive Plan is currently being updated.   Mr. Davies expressed that he would like to see approval of the SMP withheld until the Critical Area Ordinances were updated. 

Curt Kelling provided an explanation of Washington State RCW’s and their effect on any possible litigation involving the creeks in question.  He noted that these two creeks should have never been added to the SMP due to the fact that they do not fall under the definition of what is authorized to be included.  He recommended that the Planning Commission finish working on the SMP and not include the Comp Plan updates to the Critical Area Ordinances at this time.  Protection for the two creeks is currently written in the RCW Code’s and it is the city’s responsibility to make sure they are enforced.  Problems that may have occurred in the past happened because the city staff had not been diligent in making sure that the codes were enforced.  To add the two creeks into the SMP would be superseding Washington State law.   Mr. Kelling also noted that Washington State is currently re-writing regulations in regards to the Critical Areas Ordinances to incorporate “best science practices” into that portion of the code. 

Mr. Davies inquired about what protection is currently offered for the Thomason and Paye Creek.  Mr. Kelling explained that they have the same protection they have always had through the City Code.  The SMP will improve the protection on Chewelah Creek only.

There was further discussion on the regulations imposed by the State Attorney General and the State Auditor.  Curt also explained that staff members are working to communicate better and this will help avoid any of the type of errors that have occurred in the past.

Tom Bristol reiterated that the intent of the Planning Commission in regards to the SMP was to protect the waterways that run through Chewelah.   If Thomason and Paye Creek could not be included in the SMP, then they need to be included into the Critical Areas Ordinance in a timely manner.  It would not be in the best interest of the City to have Chaz Bates rewrite the SMP again, with the possibility of it being rejected.   He expressed that the Commission is getting very close to getting much needed protection on Chewelah Creek.  Mr. Bristol expressed concern that the Critical Areas Ordinance be updated as soon as possible so that this issue does not fall behind other issues.

Mr. Kelling explained that there are many City Codes that need to be cleaned up.  He will be presenting multiple changes to the Planning Commission.  Many of these changes will need to be done prior to looking at the Critical Areas Ordinance. 

Mr. Bates noted that he has kept all documents in regards to Thomason and Paye Creek.  Mr. Bristol asked that a Memo of Understanding be provided to clarify how and when the issue with Thomason and Paye Creek issue will be addressed in the Critical Areas Ordinance. Mr. Bates agreed to provide the documentation.   

Mr. Bates continued with the Staff report, noting that permitting will remain the same.  He discussed the SMP in regards to the Comprehensive Plan Updates.  He has not received the final comment from the Department of Ecology.  Mr. Bristol inquired about when Mr. Bates last spoke to Doug Pineo.   Mr. Bates explained that the Assistant Attorney General had sent comments in December, 2006.  Changes, consistent with her comments, were made at that time.  Those comments were not made available to the Planning Commission, since they had been address to Mr. Pineo.   Mr. Pineo took the comments made by the Assistant Attorney General and rewrote them in a memo presented to Mr. Bates.   Mr. Bates then used the combination of comments to update the SMP.  Mr. Pineo has been presented with the final copy of the SMP, but is typically slow in responding. 

Mr. Bristol called for any questions of Staff.   Irv Schick asked if Mr. Bates felt that the SMP was now ready to be presented to the City Council.  Mr. Bates replied that it was absolutely ready to go to City Council for approval.  Mr. Davies asked if the City Council was to receive the document prior to approval by the Department of Ecology.   Again, the answer was absolutely yes.   Alice Crowley asked, if the Planning Commission should be ready to move the document to the City Council level, and Mr. Bates replied that it was absolutely ready. 

Mr. Bristol asked if there were any other comments or questions from staff.   There were none.  He asked if there were any communications or petitions to be presented.  Mrs. Ferrell replied that there were none.   Mr. Bristol opened the floor to Public Comments. 

Timothy Schwanz, 904 W. Clay Street, Chewelah, WA commented that he appreciated Commissioner Davies’ concerns, which he feels will be addressed.  He expressed that he thinks that the Commission needs to move forward with the Shoreline Master Plan and later deal with the Critical Ordinance Issues and the Comprehensive Plan.   He understands that there is time to address the things that need to be addressed with Paye Creek and Thomason Creek. 

There were no other Public Comments.  There were no other questions or comments from Staff or the Planning Commission.

Irv Schick made a motion -  based on the Staff’s recommendation, many hours of testimony from the public including changes that were incorporated and changes that were recommended and incorporated by the State Assistant Attorney General and Mr. Pineo from the Department of Ecology -  to accept the Shoreline Master Plan and forward it to the Chewelah City Council. Bill Davies seconded the motion, and added that he would like to receive the Memo of Understanding from Mr. Bates.   Roll Call was taken which resulted in a unanimous vote of yes. 

Mr. Bristol recommended that Planning Commission members attend the June City Council meeting in support of the Shoreline Master Plan.  

There were no communications or announcements to report.

There were no further reports from members.

There were no further reports from the City Administrator or Staff

There was no Old Business or New Business to report. 

Mr. Bristol asked Curt Kelling to lead the Transportation Open Mic Session.   Mr. Kelling began with a report on a recent visit with representatives from the Eastern Region of the Washington State Department of Transportation.  They did a drive around Chewelah and looked at many things.  Their main objective was to look at the alternative transportation routes through town beginning with the initial plan that was created and adopted into the Downtown Revitalization Plan in 1994 and was based on a couplet connecting to Second Street.    This plan would run adjacent to the Chewelah Creek so any funding for the project would not be possible.   Mr. Kelling also looked at a plan that would run on Third Street.  This planned route would run through City Hall.   Mr. Kelling is now looking at a combination of the route on Second Street and the route on Third Street.   This would include a redevelopment of the whole area affected including an extension of the City Park.   

The only other transportation projects Mr. Kelling is currently working on involve improvements on surface streets.   Improvements to existing city streets is being considered in order to provide alternatives to the highway for local residents.  Mr. Kelling noted that in looking at alternative truck routes, he questions why Chewelah is involved with routes that are outside of City Limits.   He and Mayor Bauman will be scheduling a meeting with the County Commissioners to discuss “freight mobility” at a Stevens County level.  

Mr. Kelling explained that the purpose of the “Open Mic Session” this evening would allow for the public to share ideas in regards to transportation issues with the Planning Commission and the City Administration office. 

Alice Crowley shared an idea for the deserted Magnesium Site.  She suggested that the building be leveled in order to provide room for a roundabout or some other venue for sorting traffic through Chewelah.  Mr. Kelling said that the site is a little out of City Limits, but would be a great thing to discuss with the County Commissioners. 

Tom Bristol suggested that the Dangerous Abatement Building Act could be used to move on the demolition of the building.  There was further discussion on ideas that would connect surrounding roads to that specific area. 

Steve Crisp, 148 Richmond Lane, Chewelah reminded all that he had made a comment at a meeting of the County Commissioners for the Counties Comprehensive Plan that one of the biggest issues for Chewelah is the way that the Railroad runs through the middle of town.   He suggests that a corridor be built outside of the city to reroute the railroad.   This would help to bring more continuity in Chewelah.  Mr. Bristol noted that the railroad is a huge asset for the area.   There was further discussion on the railroad and scheduled runs. 

Mr. Bristol asked if the representatives from WSDOT had looked at the pedestrian issue on Lincoln Avenue and Highway  395.   Mr. Kelling said that he has been talking with Gary Nussbaum, Street Department Manager,  about adding more sidewalks in that area.  There was much discussion in regards to the danger of the pedestrians crossing and WSDOT’s inability to notice the seriousness of this situation.  Mr. Kelling explained that WSDOT bases their findings on statistics, and that often smaller community’s statistics don’t warrant the same amount of attention as larger communities.  Mr. Kelling had pointed out to the WSDOT representatives that one accident in a small community is too many.  Mr. Bristol suggested that citizens and city administration put pressure on WSDOT by writing letters, etc.  Mr. Kelling pointed out that often it is simply a matter of getting the right person at the right level to view the situation.   He will have another engineer from the WSDOT Headquarters visiting soon.   There was discussion on traffic counts. Mr. Bristol pointed out that changes in staff at WSDOT and other agencies may present new opportunities.   It was determined that the issue on Lincoln needs to be a school and citizen priority.   Steve Crisp suggested creating a raised bridge that would span the highway to allow for pedestrian crossing.   There was also a suggestion that the bus barn be relocated.  

Dale Abbott, Pinebrook Drive, Chewelah, reminded the Commission that at the April 5, 2007 meeting he had asked Mr. Kelling about any WSDOT planned reviews.   Mr. Kelling had said that he was going to try to have them attend the next Planning Commission Meeting (tonight’s meeting).   Mr. Abbott expressed gratitude that at least the representatives visited the city.   He noted that there needs to be alternatives to getting around town.   The freight hauling trucks are not stopping in town, so should be routed around town to eliminate some of the traffic.  Mr. Davies pointed out that the City Council is not currently in favor of routing traffic outside of town.   There was discussion in regards to the effect of truck routes on communities.   It was consensus that a truck route would NOT have a negative impact on the city. 

Timothy Schwantz agreed that a truck by-pass is needed.  He feels it will help Chewelah grow.  He noted that economic feasibility affects any idea that is presented.   WSDOT is in no hurry for Chewelah.   He also thanked Denise Smith, Department Manger of Parks and Mapping, for attending tonight’s meeting.  He shared that Denise had taken time to show him some maps prior to the start of the meeting.  He expressed a desire to have other Department Heads attend these meetings occasionally.

There was further discussion on changing the speed limit at the Pinebrook turn off.   Curt will be pushing WSDOT harder in order to get the turn lane built as soon as possible. 

There was more discussion on the concept of a truck route and round-abouts. Location was discussed.  There was also discussion on debris from trucks.  Mr. Kelling pointed out that transportation has an effect on the Housing Element of the Comp Plan.  He also discussed the State’s emphasis on Healthier Communities and the creation of enhancements that encourage walking, biking, etc.   Alice Crowley reminded everyone that a four-lane Highway 395 will eventually reach Chewelah.  Grant opportunities for Planning were discussed. 

There was no further Public Comment.

Chaz Bates noted that he would do a Comp Plan update at the May 17, 2007 meeting. 

Mr. Kelling discussed the need for two monthly meetings.   It was tentatively decided to go to meeting once per month in July and August.   This will be further discussed at the next meeting.  

There being no further business, Bill Davies made a motion to adjourn the meeting.   Doug Sassman seconded the motion.   The motion passed unanimously.   Mr. Bristol adjourned the meeting at 8:37 P.M.

Respectfully Submitted,

__________________________________         ________________________________

Tracy Ferrell, Executive Secretary                                 Tom Bristol, Chairperson