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HomeMy WebLinkAboutMinutes 12/05/2005 e CALL TO ORDER- SPECIAL MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: Farmers' Market CUP Appeals e 5762 CITY COUNCIL SPECIAL MEETING Port Angeles, Washington December 5, 2005 Mayor Headrick called the special meeting of the Port Angeles City Council to order at 6;00 p.m. Members Present: Mayor Headrick, Councilmembers' Braun, Erickson, Munro, Pittis, Rogers, and Williams. Members Absent: None. Staff Present: Manager Madsen, Attorney Bloor, Clerk Upton, S. Roberds, S. Johns, N. West, and J. Mahlum. Public Present: E. Chadd, M. & R. Gotham, M. Womack, J. Hoare, P. Vanderhoof, B. Jones, M. & R. Jones, J. Vanderhoof, C. Ritchie, K. Sandborn, E. Petersen, J. A. Hoare, K. Baymor, J. Jones, T. Ahlgren, K. Williamson, M. & M. Lesh, P. Walker, B. Wharton, E. Schafer, B. Lumens, J. Hendricks, J. Gardiner, D. Norman, K. Kown, C. Merrill, and D. Markley. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Williams. Farmers' Market CUP Appeals: Mayor Headrick opened the meeting by informing those present that the closed record Farmers' Market appeals hearing is a quasi-judicial proceeding that will be conducted with fairness and procedural due process. He posed specific questions to the Council as relates to appearance of fairness issues, and as to whether any member of the Council engaged in communication outside the hearing with opponents or proponents on the issue. Councilmember Braun indicated that, prior to the appeals, he spoke to business people on the subject. Councilmember Williams disclosed that he answered numerous questions about the situation, but none of the questions related to the substance of this evening's meeting, and he. believed he could sit in an impartial proceeding. Councilmember Munro noted that he has an office downtown. Councilmember Pittis disclosed that he was a member ofthe Planning Commission when the issue first arose, and he voted in favor of the Farmers' Market. Councilmember Erickson noted that the County is her employer, which may prove to be relevant depending on the outcome of the appeals. She indicated that the Farmers' Market was originally sited on County property, and it was conceivable that the Market could return to the County property. Mayor Headrick inquired as to whether anyone in the audience felt a Councilmember should be disqualified; there was no response. On the question of the Council's impartiality and the subsequent silence in the audience, Attorney Bloor presumed the silence was an answer in the affirmative, to which the Mayor agreed. The Mayor stated the purpose and ground rules of the hearing and further outlined the process that would - 1 - 5763 CITY COUNCIL SPECIAL MEETING December 5,2005 Farmers' Market CUP Appeals (Cont'd) be followed. Mayor Headrick read the rules of the quasi-judicial proceedings, confIrming that Attorney Craig Miller was representing all but one of the appellants. The Mayor noted there would be equal time for all involved, and there would be opportunity for rebuttal as well. e Craig Miller, 711 E. Front Street, addressed the Council on behalf of appellants J. Anthony Hoare; D. G. "Jerry" Hendricks; Diane Halsey; Robert McCrorie, Sr.; Edna Petersen; Bonita Melville; and Roy and Mary Gotham. Mr. Miller provided substantiation for the appeal that had been filed on the basis that CUP 03-06 had expired, and the Planning Commission was without legal authority or jurisdiction to extend the permit. Further, the hearing procedure adopted by the Chair of the Planning Commission violated due process rights, and the Planning Commission adopted an incorrect standard by which to judge whether to approve the permit. The appeal was also filed on the basis that the Planning Commission made no fmdings or conclusions in regard to whether the applicant's use was or could be made compatible with the uses of the adjoining property owners and tenants who objected to the proposed use. Additionally, it was felt that the Planning Commission failed to consider the effect of the existence of alternative locations on whether the adverse impacts of the proposal could be mitigated. Julie Gardiner, 109 E. 1st Street, owner of McLean's Shoes and appellant, provided testimony regarding her appeal that was filed on the basis that it was improper to process a request for an extension to an expired permit, that the environmental determination supporting the processing of the Conditional Use Permit was inadequate, and that the CUP was reviewed by staff as a new application; however, the Planning Commission granted an extension to an expired permit. Ms. Gardiner discussed transportation impacts that should have been included in the DNS. She felt that no Findings or Conclusions were made in regard to mitigation measures to address negative impacts resulting from the closure of Laurel Street regardless of specific testimony provided by adjacent merchants and landowners. Craig Ritchie, representing the Farmers' Market, distributed handouts of Chapter 17.96.070(E) of the Port Angeles Municipal Code regarding Extensions of Approved Conditional Use Permits. He argued that the Planning Commission had no choice in that there hadn't been any changes, the application for an extension was submitted on a timely basis, his clients were asked to place the Market downtown, and the Planning Commission decision was legally correct. Mr. Ritchie urged the Council to affirm the Planning Commission's decision. Brief discussion ensued, after which Mayor Headrick opened the floor for rebuttal. Mr. Miller, Ms. Gardiner, and Mr. Ritchie then addressed the Council, each providing further testimony to counter that provided by the opposing side. Break Mayor Headrick recessed the meeting fo~ a break at 7 :21 p.m. The meeting reconvened at 7:29 p.m. . The Council proceeded to deliberation, with the Councilmembers stating their position on the matter. Following lengthy discussioll, Councilmember Rogers moved to grant the appeal and de~y Jhe extensionQf tIle Conditional Use Permit, directing staff to prepare appropriate findings and conclusions. The motion was seconded by Councilmember Erickson. Councilmember Munro asked about the possibility of extending the Farmers' Market use of Laurel Street for a couple of weeks in order to provide them with sufficient time _ to locate elsewhere. Attorney Bloor indicated such a decision was within the Council's - legal authority. Councilmember Erickson called for the question, and the motion died for lack of a second. - 2- e e <".j<,,'t" '::.\:.'!.\-'.," ,,>,;~,":i:",~"""'.":.',': c'{"" ":'J,; 7:' CITY COUNCIL SPECIAL MEETING December 5, 2005 5764 Farmers' Market CUP Appeals (Cont'd) Councilmember Munro moved to amend the motion to extend the Farmers' Market one more Saturday through December 10th and to then deny the permit at that time. The motion was seconded by Councilmember Pittis. A vote was taken on the motion with Councilmember Munro voting in favor and the remaining Councilmembers voting in opposition. The motion, therefore, failed. A vote was taken on the main motion, which carried unanimously. Attorney Bloor advised the Council there is a Right-of-Way Use Permit for the use of Laurel Street by the Farmers' Market and, in consideration of the vote this evening, he asked that the Council consider authorizing staff to amend the permit to take out the Saturday portion of the permit. Councilmember Williams moved to direct staff to remove the Saturday portionofthe Right-of-Way Use Permit for Laurel Street. The motion was seconded by Councilmember Pittis and carried 6 - 1, with Councilmember Erickson voting in opposition. ADJOURNMENT: The meeting was adjourned at 8:08 p.m. lligl~ J Bec~J. Upro - 3 -