In continuing months-long discussions, potential changes to city code again were discussed by the Montesano City Council. Changes have been proposed to the city’s code relating to the hearing examiner process, and for the code regarding campgrounds.

Hearing examiner

The council approved changing the city code for the hearing examiner to prohibit marijuana issues from going to the hearing examiner with a 4-3 vote. Councilmen Chris Hutchings, Tyler Trimble and Ian Cope all voted against the change.

Councilman Dan Wood brought the change forward.

Last year, the city sent a request for a variance to the hearing examiner. That request asked to have the buffer for a retail marijuana business reduced from 1,000 feet. Critics argued that the state allowed for a city to amend its code to allow for a variance on the marijuana buffer established by state law, and the hearing examiner did not have the authority to establish that variance without the amendment in place. Ultimately, the hearing examiner agreed with critics saying he didn’t have the authority to reduce the buffer.

Following the hearing, Councilman Wood led a charge to change the city’s code for the hearing examiner so that matters beyond the examiner’s authority could not be sent for a hearing. Additionally, Wood argued that the city should adjust the code to allow for cost recovery. During the recent hearing the cost of the application did not cover the costs the city incurred to hold the hearing.

Mayor Vini Samuel has said the city cannot turn away an applicant, and she said she feels the city clerks should not be required to make that decision.

While all of the council seemingly supported adjusting the code for cost recovery, the council was not unanimous that it needed to change the hearing examiner process.

As had been argued in the past, Hutchings noted that the hearing examiner process worked in the most recent scenario. The applicant’s request was denied because the hearing examiner recognized he didn’t have the authority.

“I’m not sure why we have to keep bringing all this back up and kicking this dead horse,” Hutchings said. “It’s been almost five years, and (retail marijuana) is still not here.”

The council had asked to send the cost recovery aspect to the finance committee to develop a policy.

Wood then pressed the council to amend the city code to keep that same marijuana issue from going to the hearing examiner, then and there.

Councilman Anthony Chung seconded Wood’s motion.

Following approval, as stated by the motion, “Matters limited by the action of the council related to the siting of a marijuana business shall not be referred to the hearing examiner.”

Campground/RVs

The council continued mulling potential ordinance changes for RVs and campgrounds within city limits.

Currently RVs operate under the campground provision of city code. That provision limits the duration of a stay to 30 days.

In Elma RVs can stay for 180 days. The Montesano City Council seems poised to pass an ordinance change to at least match that stay limit.

“The issue that has captured my attention is the competitive disadvantage we are sitting at right now compared to Elma,” Wood said.

Samuel suggested sending the RV ordinance to the public works committee. Additional issues were brought forward — should an RV ordinance be drafted, or should the campground definition change?

The additional questions were met with frustration from Councilman Wood.

“We have been talking about this since September, and every time this comes up, there’s some reason why we can’t deal with this,” Wood said. “The more we talk about it, the more reasons come up as to why we can’t act. We are moving at the speed of Congress on these things.”

Hutchings agreed that changing the duration should be the city’s primary concern.

“We should at least go ahead and change that while we work on the other aspects of it, because it could take a while,” Hutchings said.

Montesano CFO Doug Streeter cautioned the council against extending the stay to 180 days because an ordinance hadn’t yet been drafted for approval.

“I don’t know that you guys want to approve something without having it in front of you,” Streeter said.

Other council members noted that changing the campground ordinance would allow for tent camping for 180 days, regardless of sanitary services or other considerations.

“If we want people to stay for 180 days, we should develop an RV park ordinance where people can live safely,” Councilman Dave Skaramuca said.

The council ultimately agreed to move the matter to the Jan. 24 meeting to allow for an ordinance to be drafted and considered.