ORDINANCE 761 - SPECIAL COUNCIL SESSION May 25, 2001
(REVISED 5/24/01 - 1:30 p.m.)
[Note: I would like to clarify the reason I used Chris Schumacher's casual comment to me a "source" within this editorial. Mrs. Schumacher was simply trying to be helpful by reiterating to me what she had heard from others, and was a direct response to a question from me. This is the ONLY response I received from the city in response to my inquiry on this subject, which was an email sent Wed., 5/23 @ 10:00 a.m., which (like all communication to the mayor) was ignored and read as follows:
"Dear C. H., Fred, Connie and Craig:
I could not reach anyone this morning by phone, and could get no answers yesterday on this, so this will have to suffice.
In researching our UDC, I find no justification or legal basis for this "interim" zoning ordinance. This meeting seems quite irregular to me. Could someone please give me the section(s) in our code that authorize this action? When viewed in light of comments of concern made during last Thursday's town meeting by city personnel regarding previous code interpretation, I find this meeting disquieting, to say the least. I would appreciate any light you can shed on this subject for me."
It was addressed to all of those individuals, due to the confusion over current areas of responsibility within city hall.]
(Click here to link to the transcription of this meeting)
This "special" council meeting is highly irregular -- although not, unfortunately, unprecedented -- and seems to represent -- in microcosm -- precisely what's wrong with the leadership of this administration.
Based on information given by the City yesterday, this action is being implemented not only with the city attorney's counsel, but (apparently) with his/their concurrence as well. There is nothing in the code that either condones or authorizes this action.
First, If I'm reading our code correctly, it states that any revision to our code requires public input and Planning Commission review. Once presented to the council, they review it, and either accepts it or makes comments and recommendations and send it back to the Planning Commission for further work.
Second, our code does not even contain a definition for the word, "interim." There is, however, a definition for "emergency," and it follows: "Emergency means an unexpected situation that poses an immediate danger to life, health, or property and demands immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services [emphasis added]."
In speaking with the City yesterday, they indicated that this issue should have been discussed during the last council session, but was not. When I asked why this action was being performed in such a rush, Chris Schumacher responded that it was her understanding that the property owner's "window of opportunity" was closing with PUD, i.e., they have a chance to sell electricity to PUD through this power generation plant.
Third, if this is being done to "accommodate" a property owner's wishes or needs, I do not believe anyone -- not even the city attorney -- would argue on behalf of precipitate actions which might abuse the city code or, at the least, make hasty and potentially harmful long-term changes to our codes simply for the purposes of accommodation.
Fourth, even in this day of escalating power-generation problems and concerns, while this power generating plant may be a good thing long term, why is there such a "hurry up and rush" procedure being initiated?
Fifth, this code revision will substantially change our code. It will decrease the minimum lot size of 25 acres required for this land use action down to a single acre. This begs the question of why a minimum lot size of 25 acres -- a fairly large piece of land -- was originally mandated. Have those reasons changed so significantly since our last code revision just a few months ago?
Sixth, according to the RCW's, I believe the "notice" given by the City falls shy of what is required by state statute (see end of this editorial). To their benefit, the city did advise G.R.I.T., but we are only one of several "…newspaper of general circulation…local radio or television stations…" which would normally receive notification.
It will be interesting to attend the meeting and hear the City's justification for this rather hasty action.
RCW 42.30.080
Special meetings. A special meeting may be called at any time by the presiding officer of the governing body of a public agency or by a majority of the members of the governing body by delivering personally or by mail written
notice to each member of the governing body; and to each local newspaper of general circulation and to each local radio or television station which has on file with the governing body a written request to be notified of such special meeting or of all special meetings. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice.
RCW 35A.12.110
Council meetings. The city council and mayor shall meet regularly, at least
once a month, at a place and at such times as may be designated by the city
council. All final actions on resolutions and ordinances must take place
within the corporate limits of the city. Special meetings may be called by
the mayor or any three members of the council by written notice delivered to
each member of the council at least twenty-four hours before the time
specified for the proposed meeting…No ordinance or resolution shall be passed, or contract let or entered into, or bill for the payment of money allowed at any meeting not open to the public, nor at any public meeting the date of which is not fixed by ordinance, resolution, or rule, unless public notice of such meeting has been given by such notice to each local newspaper of general circulation and to each local radio or television station, as provided in RCW 42.30.080 as now or hereafter amended.