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CITY OF PORT TOWNSEND
CITY COUNCIL
MINUTES OF THE SPECIAL BUSINESS SESSION OF JUNE 13, 2005
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
The City Council of the City of Port Townsend met in special session this thirteenth
day of June, 2005, at 7:55 p.m. in the Port Townsend temporary Council Chambers
in the Commons Area of Blue Heron Middle School, Mayor Catharine Robinson
presiding.
ROLL CALL
Council members present at roll call were Frank Benskin, Freida Fenn, Kees Kolff,
Geoff Masci, Laurie Medlicott, Catharine Robinson, and Michelle Sandoval.
Staff members present were City Manager David Timmons, City Attorney John
Watts, and City Clerk Pam Kolacy.
RESOLUTION 05-021
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND,
WASHINGTON, ADOPTING FINDINGS IN SUPPORT OF ORDINANCE 2896
REGULATING FORMULA RETAIL ESTABLISHMENTS
Mayor Robinson explained that the item before the Council is reconsideration of
Resolution 05-021, adoption of findings in support of Ordinance 2896 and stated that
the issue is not reconsideration of the ordinance itself. She added that public
comment should be directed for comments on the resolution adopting findings, not
on the ordinance.
Mr. Watts reviewed the packet information, noting that a motion to reconsider the
vote on the main motion (to adopt Resolution 05-021) was made at the June 6
meeting. That motion carried, which brought the original main motion back before
the Council. That motion was then postponed until June 13 (tonight's meeting) and
is therefore on the floor at this time.
Public comment
Mimi Rosenberg: stated she believes proper notice was not given to the public
because of misstatements in the newspaper.
Steve Shively: stated he is not prepared to speak on the findings.
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Paul Aniotzbenere: spoke in support
Susan Langlois: stated everyone is motivated by self-interest and there is
resistance to change; supports many ideas on the street proposals.
Scott Foster: spoke in support
Mary Foster: spoke in support
Homer Smith: stated competition helps businesses; regulations shouldn't affect who
can come to town and who can't.
Brade Mace: spoke in support
Shirley Rudolph: believes definition of retail is unclear.
Jim Todd: spoke in support.
Denise Kenny: spoke in support of the process.
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Mr. Kolff agreed that the media did not cover the meeting or report very accurately;
he stated that the City Attorney sent out an agenda bill which was quite clear, but
misunderstandings occurred because of a flurry of communications and e-mail
involving interpretations from others which was not part of the communication from
the City. He stated he is in support of the resolution because he does not want to
have any legal questions outstanding while the Planning Commission and Council
work through the ordinance.
Ms. Fenn noted that the interim ordinance is in effect for six months so the Planning
Commission can review with full public hearing and comment; then Council will
review again before the final version is adopted. She stated that the text of the
ordinance is on the City website.
Mr. Timmons noted that the first priority for the Planning Commission is currently the
Shoreline Master Program update so formula store ordinance would probably be
moved out to September before Planning Commission review. The agenda for
Planning Commission will be formalized soon.
Mr. Watts read the resolution into the record.
Mrs. Medlicott asked why the findings weren't adopted when the ordinance was
adopted.
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Mr. Watts stated that the ordinance as crafted contained many whereas clauses; the
first question was whether or not those constituted findings. To avoid any issues,
he recommended that the Council adopt the resolution under consideration. He
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added that it hindsight, it seems the original ordinance could have been more clear
in indicating that the whereas clauses were findings. The ordinary process is to
adopt the ordinance, then have a public hearing, and adopt findings; this is usually a
pro forma procedural matter but has turned into a convoluted process.
Mrs. Medlicott asked what happens if the majority does not pass the resolution. Mr.
Watts stated that the interim ordinance stays in effect for six months from April 18
unless the Council takes action on the ordinance at any time. If the resolution is not
adopted, there is a potential legal issue on the table that could put the interim
ordinance at some risk in case of a lawsuit. Adoption of Resolution 05-021 puts the
City in the best possible position to defend in case a lawsuit should be filed.
Mr. Benskin stated he would not support the ordinance since he does not think three
of the findings (3,4,5) are factual.
Vote: motion carried, 4-3, by voice vote, Benskin, Masci and Med/icott opposed.
ADJOURN
There being no further business, the meeting was adjourned at 8:45 p.m.
Attest:
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Pam Kolacy, CMC '
City Clerk
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