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Council Member Ray
Harper Elected Mayor Pro Tem for Month of January
by Dixie A. Walter
December 14, 2003
The town council managed to get a good number
of issues taken care of during the December 8 meeting. Even with a heavy
agenda the council moved quickly enough to adjourn about 8:30 p.m. Council
member Ray Harper accepted the position of mayor pro tem for the month of
January. Council member Mike Gallagher was elected alternate mayor pro tem
for the month.
Sludge, sidewalks and codes were discussed and
the town government was nearly shut down by a tie vote. During the
study session preceding the regular meeting the following topics were
discussed:
A. Vacancies on AWC (Association of Washington Cities)
small cities advisory committee. The council decided to send a
representative to this committee after the new council is seated in
January.
B. Sludge. During a discussion of the sludge in
the "lagoon" Interim Public Works Director Greg Wilder pointed
out the very real potential of an expensive problem looming in the future
concerning "bio-solids disposal - bio-solids being the new vernacular
for the word 'sludge.'" Wilder explained, "As it ages and
concentrates heavier metals are concentrated in the sludge. You don't have
much industry here, so you've sort of saved the other concentrations of carcinogenic
materials.
"But in any case," he added,
"there's always the potential - depending on how long it's been there,
how concentrated the metals become - that you end up with hazardous
materials that are more costly to dispose of. I don't suggest that will be
the case here for some time, but there is a limited volume in the lagoon and
you will eventually have the responsibility to dispose of it. The town is
going to be faced with structural and operational mechanisms to deal with
it.
"I have talked with one of the better
consultants that deal with bio-solid disposal and system designs, and
they are preparing a brief proposal that we'll have before you, for you to
consider, at some future date. It's something you need to face in the next
few years in terms of decisions about how you're going to deal with, dispose
of and process the sludge." Wilder gave the council several options to
consider in disposing of the sludge.
Wilder further explained, "Again,
something that you need to consider. Handling of bio-solids isn't cheap,
three to five hundred thousand dollars bill facing you one day. Just
bringing it to your attention now so you'll be prepared to face an issue
which should have been faced in the planning and design."
Mayor pro tem Chelan Jarrett said
she believed the council should have some kind of "game plan," for
the day the town must face the sludge problem.
C. Strategic Plan
Committee for School Board. Council member Mike Gallagher
will represent the council on this committee
Mayor pro tem Jarrett excused herself from the table because of illness.
Alternate mayor pro tem Bob Schaub conducted the regular council
meeting. Public
Works Report -
Good News About Wells
Interim Public Works Director Wilder informed the council and audience that
he had received an update from a geohydrologist on
the well drilling project. Wilder said, "It's very good news on the
well drilling project. We have one new well now that's likely going to be in
production within the next few months. The screens have been designed...we
expect something on the order of between one and three hundred gallons per
minute. But we will not know until the well is developed.
This project is so far ahead of our anticipated
schedule we've actually slowed down the well rehabilitation project
anticipating that the new well would be online first, and then allow us that
safety, if you will, to rehabilitate the old well while this brand new well
is online and in production. The Department of Health [DOH] has agreed,
after considerable discussion, at least verbally at this point in time, to
allow the water produced from the new well to be included under the terms
and conditions of your prior bilateral agreement in our agreed order.
"In essence allowing us to use that water under
the same terms and conditions that we use water from our existing wells.
Which means we will have to disinfect, treat that water, and we'll have to
notify people that it's out of compliance because it's in continuity with
the Mashell River. But that's the way we do with our other wells in any case
and any new well, or any new production well would be subject to filtration
when that new facility is done about three years from now."
Wilder explained further, "So to me, that's all
good news. The second production well will probably be drilled in the
next few weeks. That will add additional capacity to the system, sort of
keeping in mind the effort to, at least, increase our water supply in
lock-step with demand for equivalent residential units
[ERUs] absorption by the community, and we
are doing just that."
Council member Pat Hamilton asked about the second
production well. Wilder explained, "They've done a six inch test
well and they will drill a production well next to it. And they feel that
they will get adequate supply out of it as well. It is an art, not a science
so we'll never know until that well's production testing is done. We won't
know until production testing is begun. They can estimate it, and they have
estimated it at between one hundred and up to three hundred gallons a
minute...That's the first well. The second one they anticipate will be a
little bit less, but still on the magnitude of one hundred to two hundred
gallons a minute. Keeping in mind that every fifty gallons a minute is equivalent
to between eighty and one hundred ERUs depending on your conservation,
consumption and the like."
Old
Business....
B. Motion waiving the
sidewalk construction requirements and accepting cash in lieu of
that requirement for 701 Center Street West.
There was quite a bit of dialogue concerning this motion. Richard Ames from
Erin Lane and also a member of the planning commission thanked the town
staff for their work during the big wind storm but asked that the town
sweeper "come up into my development." He said they did it every
once in a while but not very often. Ames also said the first two street
lights on Erin Lane needed to be repaired.
Ames said, "I don't know why you are
actually considering putting someone new on the planning commission, as
it appears that pretty soon the planning commission won't have anything to
do, if you are going to pass the ordinance that the planning commission no
longer will have any approval of plats, there's no preliminary plat approval
- I believe that's on your agenda to change that on your municipal code.
Also the fact that the sidewalk variance typically has been brought to the
planning commission, that's on your agenda tonight to grant that - it did
not come to the planning commission, went to the public works director and
he's made that determination.
"So I'm just curious as to what
exactly the role is going to be for the planning commission in this town.
Because it doesn't appear that it's going to continue as it is. We're
looking also from the public works director to get rid of the body as a
board of adjustment and to then get a hearing examiner in here. (Please see Board
of Adjustment Memo)
And so, again, points that I'm just curious about, since I am on the
planning commission, what our purpose will actually be if any. And the
relevance to us being here.
Also if you do pass that variance and you
collect monies for the sidewalk in lieu of the actual sidewalk being
here, I'd be curious as to where those funds are going to be. There's been
some discussion with the planning commission in the past when people come up
and want to have a sidewalk variance they've stated that monies were
collected from other builders in lieu of actually putting the sidewalk in
but nobody can ever find those funds. So if you're going to accept them I
hope that you would find some place to keep track of that. Actually use them
for sidewalks in town that definitely do need repair...
Wilder
Answers Ames' Concerns
Regarding the motion to waive sidewalk construction, Wilder stated,
"Regarding the process by which
this waiver is handled in this community:
Section 12.04.180 does not authorize the planning commission to discuss
these waivers. In fact, it says, 'the town council has the authority to
waive this requirement for hardship' and it goes on from there. Whether you
processed this through the planning commission in the past or not, if you
have, it is not keeping with your own code and ordinance. I'm just trying to
abide by the ordinance itself. Again, the ordinance reads under section 12.04.180
- "The applicant shall be required to
construct new sidewalks along all street frontages except alleys. The town
council has the authority to waive this requirement for hardship upon the
applicant filing an application setting forth the basis for request of the
waiver.
"In this particular case the applicant has not
requested the waiver; the town staff has requested the waiver because of
the length of the road, and for the applicant to construct the sidewalk, the
town would have to buy right-of-way from the applicant. If the town were to
relocate the road, would be spending between forty and sixty thousand
dollars for a short section to relocate, then the sidewalk could then be
constructed. In addition the sidewalk, the curbs and gutter significantly
add to a drainage problem that doesn't have any short term
remediation.
We would have to construct drainage facilities
to accommodate that. So it's the town staff that's requested the waiver,
and as part of that request the owner has agreed to deposit the estimated
sum of twelve thousand six hundred and eighty dollars, which we would
recommend being deposited in a non-lapsing fund and accumulated, along with
other sidewalk money, until such time as the road realignment could be
undertaken and additional sidewalks could be constructed. "Significant
Expense to the Town..."
"It's a significant expense to the town one way or another and
certainly a disruption on the part of the homeowner, because of our own
issues and problems which need to be addressed. Waivers are established by
code, often and everywhere, to deal with issues that demand and require
attention because of unusual circumstances. And this is certainly an unusual
circumstance."
Richard Ames, with code book in hand said, "That waiver
that's supposed to be applied, is applied for before a building permit
is issued. Otherwise you don't have that chance unless you go to somebody
and ask for a variance on that. So the waiver in this code is applied for
before a building permit is issued. That's in your code. I just think that's
a significant thing. Whatever the reason is, and it sounds like a
justifiable reason, I just want to clarify that. This is not something that
happens afterwards. Just three or four months ago we had a variance request
at the top of Dow Ridge at the end of Center Street. There's another home
under construction. He applied for a waiver to not have to put a sidewalk
in. That came before the planning commission and it was denied at that
time...I'm just pointing out that, yes, a waiver comes before the town
council, but that's before the building permit is issued.
"The building permit's been issued already, therefore
the waiver doesn't apply. Because you apply for that waiver before the
building permit, that's the code. Sounds like a good reason not to have a
sidewalk there, I'm not saying one way or another on that, and that's why
the issue has come before the planning commission.
Wilder responded, "The town has had a past
practice of issuing building permits without the sidewalk construction
actually happening. And in this particular case, which has happened in the
town before as well, the temporary occupancy license [TOL] was issued and
that TOL would remain in force until this matter is resolved. And again, the
owners themselves are not requesting the waiver. The waiver has, in fact,
been requested on the part of the town. And it's in the town's best interest
to consider that waiver. If it's an issue that you don't want to waive as
the code provides for you to do so, you're certainly within your rights not
to waive it. In which case we'll move ahead with having the owner construct
the sidewalk which he's willing to do. And we will then commence with
negotiations to acquire right-of-way, which he's willing to sell. In fact,
the right-of-way description has been written or we would commence to
realign the roadway...The third option is that by acquiring the right-of-way
to the sidewalk we may, in fact, begin encroaching on set back requirements
for the home. Then it becomes more complicated, then it does become a
planning commission matter. But at this point in time neither the town's
attorney nor myself felt that it was an item that needed addressing by the
planning commission." Gallagher
Questions Language of Waiver vs. Variance
Council member Mike Gallagher asked, "Couldn't we instruct the town
to ask for a variance instead of a waiver and it would go back to the
planning commission?" Wilder answered, "It's up to you, however
you want to handle it. I'm just telling you this is the way the town's
attorney felt was appropriate as well. And it solves the short term problem
on this one issue.
"The broad issue that I think you need to
address is how the requirement is written in the code. This is one
hardship issue, on the part of the town. There are a number of other issues
that I'm sure you are going to face over time with this piecemeal, hopscotch
construction requirement, when in fact you could establish a policy which
would allow a more unified approach to construction and maintain sidewalks.
Put this one in and fifteen years later you get one next to it and by the
time you put it in it's time to replace the old one.
"There are better ordinances and there are
better ways to do that, and I'm not prepared, and probably won't be
between now and the end of January, to present that to you. I'm just
concerned with resolving this one issue. And, again, it was staff that asked
this person not to construct it until we had time to discuss this matter
with the town council and get decision."
Gallagher [a former planning commissioner and
later, chair] said he still maintained there were two alternatives. One
to pass the motion, the other is to send it back to the planning commission
as a variance.
Ames asked the council if they had the municipal
code book and suggested "it might be a good thing to have with ya."
When mayor pro tem Jarrett left the council
meeting, four members remained. The motion to waive the sidewalk carried
three to four with Gallagher voting "No." Wilder additionally
pointed out, "It's also important to note that from a process
perspective the planning commission establishes the perimeters, guidelines
and findings of fact, solutions for preliminary plat, then it's a
bookkeeping measure to insure that the terms and condition of the
preliminary plat have been met in the final plat.
That's typical and customary in every city
in the state of Washington. You're an unusual exception.. So again, the
attorney's recommendations are presented here. If you don't act on it this
way, we have one final plat pending on the twenty second of this month that
will have to wait until that plat can proceed, the hearing before the
planning commission, and you'll still have an ordinance change. You will
just have to decide which way you want to change it. So all your plats that
are pending will be delayed, potentially significantly while this issue gets
resolved."
Wilder continued, "...[The statutes]
deal with the guidelines for filing a final plat. It is unquestionably
clear that the preliminary plat process is a hearings
examiner - which I've never suggested, nor promoted that the town have one -
or a planning commission to review the findings of fact and establish the
rules and recommendations...and when that plat is finished it's typically
heard or dealt with, sometimes at staff level, and never goes to the
council. And that's probably more the case than not... New
Business...
A. Award of Appreciation
for Stephan Litzenberger;
Alternate mayor pro tem Bob Schaub standing in for Mayor Harold Parnell gave
the young Eagle Scout the award.. See
photo below.
B. Motion for election of
mayor pro tem and alternate mayor pro tem for the term of one month
beginning January 1, 2004 and ending January 31, 2004;
Ray
Harper will be mayor pro tem during January and Mike Gallagher will be
alternate pro tem in January.
C. Ordinance 2003-13
amending section 2.32.070 of the Eatonville Municipal Code;
Passed
unanimously.
D. Ordinance 2003-14 to
compensate the mayor pro tem in the absence of the mayor;
Passed unanimously with an amendment stating the compensation would be for a
five-day business week.
*E.
Ordinance 2003-17 establishing a utility tax to provide revenue for
town services and capital requirements;
On the first reading there was a two "Yes" votes by Harper and
Gallagher and two "No" votes, by Schaub and Hamilton, which tied
the ordinance, and with Jarrett gone there was no one to break the tie.
Hamilton, who voted "No," initially, changed his vote to
"Yes" after being advised by Town Clerk Carrie Lynn
Loffelmacher, and Greg Wilder, that this tie vote would effectively close
down the town government for lack of a balanced budget. Schaub declined make
the vote unanimous.
F. Resolution 2003-XX
repealing any ordinances in conflict thereof and increasing the
regular levy for 2003 by 101 percent from the 2003 regular levy;
Passed
Unanimously.
G. Resolution 2003-YY
repealing any resolution in conflict thereof and increasing the
regular levy for 2004 by 101 percent from the 2003 regular levy;
Passed
unanimously.
H. Resolution 2003-ZZ of
the council to confirm the mayor's appointment of a new planning
commission member [Bob Walter];
Tabled
until the new council is seated in January.
I. Resolution 2003-AAA
authorizing the mayor to sign a contract agreement with Public
Safety Testing Inc.;
Passed unanimously.
J. Resolution 2003-BBB
authorizing the grant funds from I. A.C. [Interagency Committee] for
the skateboard park.
Passed by
three votes with Hamilton opposing. Council member Ray Harper, chair of the
skateboard park committee explained to the council that the applied for
funds - $75,000 is granted - would only be used on the skateboard portion of
the "family park."
Eagle Scout Receives Town Award
(photo by Bob Walter)
As
part of becoming an Eagle Scout, Stephan Litzenberger built a covered picnic
area at Smallwood Park last summer so picnickers could be shaded from
the sun and protected from the rain. For his efforts young Stephan was
awarded a plaque of appreciation from alternate mayor pro tem Bob Schaub at
the December 8 Eatonville Town Council meeting, as Town Treasurer Melode
Akervick looks on. Schaub was representing Mayor Harold Parnell who is
recovering from a stroke.
*Why
a Utility Tax Now?
Please see Utility
Tax for explanation...
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