[PTChamber] FW: Formula Stores - Council Special Business Meeting
June 13, 2005 8 PM
ptchamber
admin at ptchamber.org
Thu Jun 9 15:10:18 PDT 2005
Dear Chamber Members,
F.Y.I.
----------------------------------
>>
>> -----Original Message-----
>>From: John Watts
>>Sent: Wednesday, June 08, 2005 4:23 PM
>>To: City Council
>>Cc: David Timmons; Pam Kolacy
>>Subject: Formula Stores - Council Special
>>Business Meeting June 13, 2005 8 PM
>>
>>Councilors - The formula store matter (which is
>>- whether to approve Resolution 05-021) is
>>scheduled for a special Council business
>>meeting on June 13, at 8 PM, at the Blue Heron
>>Middle School. (The workshop meeting on street
>>improvements is scheduled for 6:30 PM at Blue
>>Heron.)
>>
>>The formula store matter before the Council is
>>whether to approve Resolution 05-021. It is
>>not a vote on Ordinance 2896 (passed April 18,
>>2005, and placing interim formula store
>>regulations). Resolution 05-021, if passed,
>>would approve findings in support of the
>>Ordinance 2896, and would remove any issue
>>concerning whether the "whereas clauses" in
>>Ord. 2896 constitute findings.
>>
>>The Council agenda bill for the June 13 meeting
>>provides additional information. Council
>>packets are in Councilor boxes at WK. For
>>Councilor's benefit (and to provide information
>>on this matter to Council as soon as possible),
>>copied below is the agenda bill for the June 13
>>meeting.
>>
>>Please call with any questions.
>>
>>John Watts
>>City Attorney - City of Port Townsend
>>Waterman & Katz Bldg., 181 Quincy St., #201
>>Port Townsend, WA 98368
>>Telephone: 360/379-5048 Fax: 360/385-4290
>>
>>
>>CITY OF PORT TOWNSEND Agenda Bill: AB05-090
>>
>>City Council Meeting Date: June 13, 2005
>>Agenda Item: III
>> ____ Regular Business Meeting
>> ____ Study Session
>>Date Submitted: June 7, 2005 _X__ Other:
>>Special Business Meeting
>>
>>Department: Legal
>>Contact: John Watts
>>Phone: #385-5991
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...>
>>SUBJECT: Reconsideration on Resolution 05-021,
>>continuing in effect the interim formula store
>>regulations.
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...>
>>CATEGORY: BUDGET IMPACT:
>>
>> ____ Consent __X_ Resolution
>>Amount Budgeted: $____________
>> ____ Ordinance ____ Staff Report
>>Expenditure Amt: $____________
>> _X__ Business ____ Proclamation
>>Contingency Req'd: $____________
>> ____ Contract Approval ____ FYI
>>Supplemental Req'd. ____________
>> ____ Other _____________________________
>> ____ Public Hearing (see note below)
>> ____ Legislative ____ Quasi-judicial closed record
>> ____ Quasi-judicial open record ____
>>Quasi-judicial closed record appeal
>>
>>NOTE: If the Public Hearing is quasi-judicial
>>in nature, then the appearance of fairness and
>>conflict on interest rules apply. Except at
>>the public hearing, communicating with other
>>councilmembers, and contact with proponents or
>>opponents must be avoided.
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...>
>>SUMMARY STATEMENT:
>>Matter Being Voted on Before Council. This
>>matter is before the Council to debate and vote
>>on Resolution 05-021, continuing in effect the
>>interim formula store regulations approved by
>>Ordinance 2896 (passed April 18, 2005).
>>Following debate, Council will vote on the
>>pending motion before the Council, which is a
>>motion to approve Resolution 05-021 (attached).
>>
>>Procedure. On May 16, 2005, following public
>>hearing, the Council voted on a motion to
>>approve Resolution 05-021. The motion failed
>>on a tie vote 3-3 (Masci, Benskin, Medlicott
>>voting No, Robinson absent). This motion is
>>referred to in this summary statement as the >
>>"> main motion.> ">
>>
>>On June 6, 2005, Mayor Robinson made a > ">
>>motion to reconsider> "> the vote on the main
>>motion. Mayor Robinson was absent from the
>>May 16, 2005 meeting. Council Rule 3.10 states:
>>> "> Reconsideration can be requested only by
>>motion of a member from the prevailing side of
>>the original motion or from a member who had an
>>excused absence the night of the vote.> ">
>>
>>Council approved the motion to reconsider on
>>June 6 by a 4-2 vote (Benskin and Medlicott
>>voting No, Masci absent). > "> The effect of
>>the adoption of the motion to Reconsider is
>>immediately to place before the assembly again
>>the question on which the vote is to be
>>reconsidered - in the exact position it
>>occupied the moment before it was voted on
>>originally.> "> Robert's Rules (Scott,
>>Foresman, 10th edition), at section 36 -
>>Reconsider, at page 313.
>>
>>On June 6, 2005, Council approved by a 4-2 vote
>>(Benskin and Medlicott voting No, Masci absent)
>>a motion to postpone the matter to a special
>>meeting to be held June 13, 2005.
>>
>>With the passage of the motion to reconsider,
>>and the motion to postpone, the main motion
>>(namely, the motion to approve Resolution
>>05-021, continuing in effect the interim
>>formula store regulations), is back before the
>>Council to vote again on the main motion.
>>
>>Debate. According to Robert> '> s Rules (p. 314):
>> > "> Reconsideration of a vote on a later
>>day. Every member's right to debate in the
>>reconsideration of a question begins over
>>again, regardless of speeches made previously,
>>if reconsideration takes place on a day other
>>than that on which the vote to be reconsidered
>>was taken.> ">
>>
>>Motion to Reconsider the motion to reconsider
>>not allowed. Also according to Robert> '> s
>>Rules (p. 306-307): > "> The motion to
>>Reconsider: > ...> 2. Can be applied to the
>>vote on any motion except: > ...> (e) a vote
>>on the motion to Reconsider; > ...> .> ">
>>This pertains to comments by Councilors at the
>>June 6 meeting asking whether Councilor Masci
>>(absent from the meeting) could move to
>>reconsider the motion to reconsider. According
>>to Robert> '> s Rules, the answer is No.
>>Councilor Masci, and all Councilors, can debate
>>the main motion (namely, the motion to approve
>>Resolution 05-021), but a motion to reconsider
>>the motion to reconsider is not allowed.
>>
>>Reconsideration allowed only once. Finally,
>>according to Robert> '> s Rules (p. 309): > ">
>>(N)o question can be reconsidered twice unless
>>it was materially amended during its first
>>reconsideration.> ">
>>
>>Status of Ordinance 2896. Ordinance 2896 was
>>adopted April 18, 2005. The ordinance provided
>>interim regulations concerning formula stores.
>>State law (RCW 36.70A.390, a portion of the
>>Growth Management Act, copy attached)
>>authorizes, as happened here, interim zoning
>>regulations to be adopted without a public
>>hearing. If the ordinance is adopted without a
>>hearing, then the Council must hold a public
>>hearing within 60 days of adoption. That
>>occurred here. If the ordinance is adopted
>>without findings, then the Council must adopt
>>findings immediately after the public hearing.
>>As stated at the Council meeting June 6, the >
>>"> whereas clauses> "> in Ordinance 2896 can
>>be construed as findings. However, to avoid
>>any question about this, it would be > "> best
>>practice> "> for the Council to separately
>>adopt findings, as proposed in Resolution
>>05-021.
>>
>>If the motion currently pending before Council
>>(the motion to adopt Resolution 05-021) fails,
>>then Ordinance 2896 remains in effect for 6
>>months (subject, however, to a legal challenge
>>that no required findings were adopted). >
>>
>>Council may amend, or terminate, Ordinance 2896
>>before or after a recommendation by Planning
>>Commission. Unless sooner revised or
>>terminated by Council, the ordinance remains in
>>place for 6 months.
>>
>>Planning Commission; Future Public Hearings.
>>City code provides proposed land use code
>>amendments are reviewed by the Planning
>>Commission. Ordinance 2896 triggers Planning
>>Commission review. Public hearings - with
>>opportunity for public comment - will occur
>>before the Planning Commission and City
>>Council. Final action whether to leave
>>Ordinance 2896 in place, or to revise it, or to
>>terminate it, will occur later this year
>>following Planning Commission recommendation.
>>
>>NOTE: The following paragraph is from the
>>Council agenda bill for the May 16, 2005
>>Council meeting.
>>
>>This matter is on before Council to hold a
>>public hearing for purposes of taking comment,
>>and then determining whether to extend the
>>current zoning and development regulations
>>pertaining to formula stores adopted in
>>Ordinance 2896 (passed April 18, 2005). To
>>continue the interim prohibition in effect
>>until Council acts on permanent regulations,
>>Council must hold a public hearing and adopt a
>>Resolution containing findings supporting the
>>interim regulation. The purpose of the hearing
>>is to give the public an opportunity to comment
>>on whether or not to continue the interim
>>prohibition. The attached resolution continues
>>the provisions of Ordinance 2896 in effect
>>pending Planning Commission review and Council
>>action. Ordinance 2896 is summarized below. A
>>copy is available at the City website, or from
>>the City .
>>
>>NOTE: The following paragraphs are from the
>>Council agenda bill for the April 18, 2005
>>Council meeting.
>>
>>A citizens group has proposed that the City
>>Council adopt an interim regulation that would
>>regulate > "> formula retail> ">
>>establishments. On April 11, Council postponed
>>action on the matter to the April 18 meeting.
>>City Attorney will provide under separate cover
>>comments and alternatives to draft ordinance.
>>
>>Key features of the citizen group proposed ordinance are:
>>
>>For formula retail and formula restaurant:
>>* Defines formula retail as retail or
>>restaurants which are required by contractual
>>(or other) arrangement to have any of the
>>following: standardized array of services or
>>merchandise, trademark, logo, symbol, décor,
>>layout, uniform
>>* May be located only in C-II zone (and not Historic Commercial district).
>>* Cannot have greater than 50 lineal
>>frontage. (Frontage limitation doesn> '> t
>>apply to grocery, banks, S&Ls, full service
>>restaurants, and theatres).
>>* Cannot occupy more than 2 stories
>>* Cannot exceed 3,000 square feet
>>* Must be compatible with existing
>>surrounding uses, design must be non-obtrusive,
>>proposed intensity of use must be appropriate
>>given other uses permitted on site and
>>adjoining sites; must contribute to appropriate
>>balance of local, regional, and national-based
>>businesses; must contribute to appropriate
>>balance of small, medium, and large-sized
>>businesses.
>>
>>For formula restaurants:
>>* Requires conditional use permit (CUP) for formula restaurant
>>* Limits number of formula restaurants
>>(number is left blank at para. 7 (D)(2).
>>* Formula restaurant could not be located on
>>same parcel, lot or tract as another formula
>>retail
>>* Must not exceed 3,000 SF
>>* Must be in a building that is shared with one non-formula business.
>>* No drive-throughs
>>* Must not increase intensity of use on the
>>site to a level that adversely affect land uses
>>in the area, pedestrian or motor vehicle
>>traffic, or the public welfare.
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...>
>>ATTACHMENTS: Resolution 05-021; Council
>>Minutes (May 16, 2005); RCW 36.70A.390
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...>
>>CITY COUNCIL COMMITTEE RECOMMENDATION: N/A
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...>
>>RECOMMENDED ACTION: > Move to approve
>>Resolution 05-021, continuing in effect the
>>interim formula store regulations.
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...>
>>ALTERNATIVES: Take no action. Refer to
>>committee or staff for further action. Postpone
>>action.
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...> ...> ...> ...> ...> ...> ...>
>>...> ...> ...>
>>
>> APPROVED FOR SUBMITTAL BY:
>>__________________________________________________
>>____________________________________________
>>Department Director or Name of Council
>>Committee & Date of Motion
>>____________________________________________
>>City Manager
>>____________________________________________
>>City Attorney CITY CLERK'S USE ONLY COUNCIL
>>ACTION TAKEN
>>__________________________________________________
>>Resolution No. ____________ Continued to
>>______________ Ordinance No. ____________
>>Referred to _______________ Approved
>>________________ Failed __________________
>>Other
>>_____________________________________________
>>__________________________________________________
>>DISTRIBUTION AFTER COUNCIL ACTION
>>
>>
--
__________________________________________
Port Townsend Chamber of Commerce
http://www.ptchamber.org
2437 East Sims Way, Port Townsend, WA 98368
360-385-7869
More information about the PTChamber
mailing list