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HomeMy WebLinkAboutMinutes 01/02/1990 1504 CITY COUNCIL MEETING Port Angeles, Washington January 2, 1990 I CALL TO ORDER Mayor Pro Tem Hallett called the regular meeting of the Port Angeles City Council to order at 7:02 P.M. II PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Manager Flodstrom. III SWEARING IN OF NEWLY ELECTED COUNCILMEMBERS Clerk Maike administered the oath of office to Jim Hallett, Richard Wight, Larry Nicholson, and Prosper Ostrowski, and thereafter Councilmen Hallett, Wight, Nicholson, and Ostrowski were seated with the Council. The Councilmen will serve the term ending December 31, 1993. IV ROLL CALL Members Present: Mayor Pro Tem Hallett, Councilmen Gabriel, Lemon, Nicholson, Ostrowski, Sargent, Wight. Members Absent: None. Staff Present: Manager Flodstrom, Assistant Attorney Dickson, ClerkMaike, S. Brodhun, L. Glenn, B. Collins, J. Pittis, D. Wolfe, B. Titus, W. Myers, B. Coons, G. Kenworthy, G. Beck. Public Present: R. French, G. Braun, P. Lauch, B. Philpott, L. Ross, K. & L. Rose, L. Beil, Mr. & Mrs. C. Alexander, F. Paynter, H. Berglund, R. Gruver, Mr. & Mrs. D. Brewer, M. Fischel, J. Cammack, M. Merrick, J. Michalzik, L. Schuett, J. & J. McLaughlin. V ELECTION OF MAYOR/SEATING OF THE MAYOR Councilman Nicholson requested, prior to the selection of the Mayor, that clarification be provided regarding the RCW pertaining to the role of the Mayor. He then requested the Council allow Councilman Wight to read a statement. Councilman Wight read from a letter which he had prepared for the Council- members. The letter stated it was fair to say that Councilmen Nicholson, Ostrowski, and himself had run for City Council for similar reasons, those being wanting to be on the Council and to be proactive in City government. They had collective and individual concerns regarding the running and functioning of the Council during the past year or so. In particular, they shared concerns regarding the duties of the Mayor and since that time hav. e spoken collectively about this issue. It was his hope, before the selection of the Mayor, that the Council could agree on precisely what some of the limits may be on the duties of the Mayor. He specifically noted some of the duties which are outlined in the RCW; the Mayor's duties being limited to the chairman of the City Council, ceremonial duties, appointment to various committees required under State statutes, and the traditional role of the Mayor as mediator/moderator of Council meetings. He understood that outside of emergency powers that may be enacted by local statutes, the Mayor has no other administrative duties. To that line, he hoped the Council would fashion an agreement among themselves that whoever should be elected Mayor would conduct the duties of the office within that framework; that the forum which the Council has will be fairly and equitably discharged among all seven members, and that the Council will strictly require that the Mayor adhere to those procedures in all meetings. Further, that the Council should have an agreement to submit to on-going discussion and suggestions with all Councilmembers on how to conduct the City's business and the delegation of some of the ceremonial and public contact duties that fall to the position of Mayor, so that the Mayoral position does not have to fall to the burden of all those requirements. Finally, he stated it was important for the Council to understand if the majority of the Councilmembers are not satisfied with the Mayor's performance, the Council should fashion an agreement which would require that the Mayor resign, if the majority of the Council so desires. '1- 1505 CITY COUNCIL MEETING January 2, 1990 Councilman Nicholson asked Attorney Dickson if there was any reason the Council could not propose a resolution or a motion before the election of the Mayor in accordance with the RCW. Attorney Dickson responded he did not know of any reason why the Council would not be permitted to do so. Councilman Nicholson moved that the Council enter into a firm agreement not to use the position of Mayor to exercise unfair or unequal use of the forum during debate and discussion; an agreement not to use the position to get in the last word and limit discussion or debate; an agreement not to use the position as a bully pulpit; a firm agreement to submit to on-going discussion and sugges- tions with all Councilmembers on how to conduct the duties of Mayor; stating the reason for that is some of the ceremonial and other public contact obliga- tions could and should be delegated from time to time to other Councilmembers; and finally, a firm agreement to resign the position on request of four or more fellow Councilmembers. Councilman Lemon seconded the motion. Councilman Gabriel commented that the RCWs state that rights and privileges cannot be taken away from the position of Mayor. There is the right to vote and further, he felt it was appropriate that the Mayor be able to make a comment on voting for or against and an explanation as to how or why he voted that way without getting into the debate. Mayor Pro Tem Hallett asked Attorney Dickson and Manager Flodstrom if they were comfortable with the motion. They both responded "Yes". The question was called and the motion carried unanimously. Councilman Nicholson asked whether the Council could elect a Mayor Pro Tem and a Deputy Mayor, as provided in the RCWs; was there any difference, or was it merely semantics. Attorney Dickson responded he felt it was merely semantics because the RCW does use the two terms interchangeably. Councilman Nicholson then moved that the Council elect a Deputy Mayor; the term to run concurrently with the Mayor-elect. Councilman Gabriel seconded the motion. Councilman Sargent asked what the duties of the Deputy Mayor would be. Councilman Nicholson stated they are prescribed in the RCWs, and again, he felt it was semantics as the duties of the Mayor Pro Tem, with the exception that this person be elected for a two-year term and not on an ad hoc basis. Attorney Dickson suggested the Council include in the motion the amendment of Section 6 of the Council's Rules and Procedures regarding the Chair of the Council. Councilmen Nicholson and Gabriel concurred to include in the motion the amendment of Section 6, Chair of the Council, in the Council's Rules and Procedures, and the motion carried unanimously. Mayor Pro Tem Hallett noted that the question before the Council was the method of selecting the Mayor, stating the RCW provides for two methods; the first for Councilmembers to nominate themselves or other members of the City Council for the chairman's position. Once all nominations are made, the Council votes by ballot for the nominees. The first nominee to receive a majority of the Council's vote (at least four votes) is seated as the Council's chairman and the City's Mayor. The other alternative is to place names of all Councilmembers on a ballot and each Councilmember votes for the member of his choice. The balloting continues until one member of the Council has received four votes. That member is then seated as the chairman and mayor. Councilman Lemon requested a clarification of the ballot process. Manager Flodstrom stated the ballot process, as prescribed by State statutes, calls for a public ballot, which is initiated by placing names of all members of the Council in nomination, or by individually placing themselves or another member of the Council in nomination. Once the nominations have been closed, -2- 1506 CITY COUNCIL MEETING January 2, 1990 the Council must ballot publicly. The balloting would continue until one member of the Council has received four or more votes. Councilman Nicholson moved that the Councilmembers nominate themselves or other members of the City Council for the Chairman position. Councilman Wight seconded the motion, which carried unanimously. Mayor Pro Tem Hallett announced that nominations for the position of Mayor were open. Councilman Ostrowski placed the name of Councilman Sargent as the Council Chairman/Mayor for the two-year term, as he felt Councilman Sargent, over the past two years, has reviewed the issues very objectively and impartially; and further, that this being a Centennial Year it would be appropriate that the City have a woman mayor. There being no further names placed in nomination, Mayor Pro Tem Hallett closed the nominations. Councilman Nicholson moved that the Council elect Councilman Sargent by acclamation. Councilman Lemon seconded the motion, which carried unanimously. Councilman Sargent was then seated as the Mayor of the City of Port Angeles, the term to run through December 31, 1991. Mayor Sargent thanked the Council for the confidence they had in her, which she hoped would not be misplaced, stating she would do her best to conduct the business of the City of Port Angeles. Councilman Gabriel nominated Councilman Hallett as Mayor Pro Tem. There being no further names place in nomination, Mayor Sargent closed the nominations. Councilman Nicholson moved that the Council elect Councilman Hallett as Mayor Pro Tem. Councilman Gabriel seconded the motion, which carried unanimously. VI APPROVAL OF MINUTES OF DECEMBER 19, 1989 Councilman Lemon moved to approve the minutes of the December 19, 1989, City Council meeting. Councilman Gabriel seconded the motion. Mayor Sargent noted a correction on page 9, Item 4, Request regarding the Recycling Program, last paragraph, to change the second sentence to read, "Councilman Sargent invited Ms. Leinhart to take part in the Committee meetings, voiced her appreciation to Ms. Leinhart and the others accompanying her, for bringing the issue before the Council." She felt the other people who had taken time to come before the Council also needed recognition. The motion was voted on and carried unanimously. VII FINANCE None. VIII CONSENT AGENDA Councilman Lemon moved to accept the items as presented on the Consent Agenda, including (1) Request permission to call for bids on Street and Water/Sewer Division materials; (2) Correspondence from Washington State Liquor Control Board; (3) Vouchers of $1,709,905.96; and (4) Payroll of 12-10-89 of $282,596.54 and Payroll of 12-24-89 of $248,285.99. Councilman Gabriel seconded the motion. Following a brief discussion of the items as presented, the motion carried unanimously. IX ITEMS FROM THE COUNCIL/AUDIENCE TO BE CONSIDERED/PLACED ON THE AGENDA Marvin Merrick, 615 West Eighth Street, requested the Council direct staff to change the batteries in the hearing devices. -3- 1507 CITY COUNCIL MEETING January 2, 1990 Mayor Sargent requested Clerk Maike to resolve the problem. Councilman Hallett questioned Manager Flodstrom on the position of the City regarding resolution of the noise generated by ITT Rayonier in the Harborcrest area. Manager Flodstrom stated at the previous meeting when this issue was discussed, staff had requested the Council authorize the contacting of equipment suppliers or consultants which do noise monitoring. A proposal has been received from a consultant who does this type of work. Manager Flodstrom stated he has reviewed the report and will be prepared to bring it before the Council at the January 16th meeting, with recommendations. This issue will require significant expenditure of funds and also has limitations on the equipment which is avail- able. Those limitations include if the equipment is placed in the field, it must be in a secure location and must be monitored 24-hours-a-day during operation. This would enable the reading of the monitor to ensure that the equipment is being triggered by noise caused by the Mill site and not by other causes, such as airplanes, etc. He stated complaints are still being received from the neighborhood; however, not as frequently as before. Councilman Hallett requested that this item be placed on the agenda for January 16, 1990, as the first item of legislation. X LEGISLATION 1. Continued from Planning Commission Minutes of 12-13-89 (approved 12-19-89) A. Shoreline Substantial Development Permit - SMA-89(ll)104 K-Ply: Request for a Shoreline Substantial Development Permit to allow improvement of a new log dump and retrieval system; 439 Marine Drive Mayor Sargent stated the 15-day waiting period has elapsed and it would be appropriate for the Council to act on the issue. Councilman Wight moved to concur with the recommendation of the Planning Commission to approve the Shoreline Substantial Development Permit, citing the following Findings and Conclusions: Findings: (1) The Urban Environment designation is defined as an area of high intensity land use, including industrial development; (2) The area is currently occupied as a water-dependent industrial use, and the proposal increases the level of activity, also as a water-dependent industrial use; (3) The property is zoned Heavy Industrial (M-2) which allows the manufacturing of wood products and accessory uses as a permitted use; (4) Notice of public hearing as required by the Shoreline Management Act and Port Angeles Municipal Code has been provided; (5) The City of Port Angeles SEPA Responsible Official has issued the proposal a Deter- mination of Non-Significance; Conclusions: (A) The proposal is consistent with the policies and regulations of the Port Angeles Shoreline Master Program; specifically, the proposal has been reviewed for consistency with the following sections of the Urban Environment: A, C.1, C.4, D.l.a, E.11.b, F.8.a, and F.8.f; (B) The proposal is consistent with the Port Angeles Comprehensive Plan and Zoning Code; (C) The City's responsibilities pursuant to the State Environ- mental Policy Act, Chapter 43.21C RGW, have been fulfilled. Councilman Ostrowski seconded the motion, which carried unanimously. 2. Rezone Request - REZ-89(07)5 DelHur, Inc. Request to set public hearing for January 16, 1990; awaiting January 10, 1990, Planning Commission hearing and recommendation (location: south of Highway 101 and east of DelGuzzi Drive) Councilman Lemon moved to set a public hearing for the January 16, 1990, City Council meeting on the rezone request, REZ-89(07)5, DelHur, Inc. Councilman Gabriel seconded the motion, which carried unanimously. The request for rezone is for approximately 36 acres of property from RS-9, Single-Family Residential, to RMF, Residential Multi-Family, located south of Highway 101, east on DelGuzzi Drive. -4- 1508 CITY COUNCIL MEETING January 2, 1990 3. Shoreline Substantial Development Permit Revision - SMA-89(07)100 - Daishowa America: Request for a Shoreline Substantial Development Permit revision to relocate two mooring dolphins. Location: Port Angeles Harbor, Marine Drive and "K" Street Councilman Ostrowski moved to approve the revised Shoreline Substantial Development Permit SMA-89(07)100, as proposed in the site plan, to be effective immediately. Councilman Gabriel seconded the motion. Councilman Ostrowski stated in regard to the motion, this is only a minor part of the overall Shoreline Permit as previously approved by the Council. The request is that the east dolphins be moved 170 feet and the west dolphin be moved 80 feet. Councilman Wight asked Planning Director Collins whether he thought there was any need for the revision to be acted on by the Planning Commission. Director Collins replied the procedure allows the City to revise the permit and to bring it before the Council without the need for a public hearing. This is not a substantial change from the original permit. The motion was voted on and carried unanimously. 4. Consideration of Resolution Supporting Legislation to Authorize the Destruction of Firearms Mayor Sargent explained this issue was brought before the Council at her request. During her attendance at a recent AWC conference, this resolution was endorsed by that body, and has been endorsed by a number of other cities and counties throughout the State of Washington. Basically, the resolution provides for confiscated and forfeited unclaimed firearms to be destroyed, rather than put up for auction and perhaps be returned to the hands of the same people from whom they were confiscated. She asked that Assistant Police Chief Myers respond to the issue. Assistant Police Chief Myers stated the Department felt this to be a good change which they supported. Councilman Wight commented that the resolution stimulates the modification of the RCW. Mayor Sargent stated that was correct. It is the Council's way of supporting legislation on this particular issue. Mayor Sargent then read the Resolution by title, entitled RESOLUTION NO. 1-90 A RESOLUTION of the City of Port Angeles relating to the destruction of firearms. Councilman Ostrowski moved to pass the Resolution as read by title. Councilman Nicholson seconded the motion. Councilman Wight noted that the Seattle Mayor initiated this resolution and is requesting municipal governments throughout the State of Washington to adopt similar resolutions which would result in a State-wide law which would give local governments more latitude and movement than is currently provided for in State law. He stated he was in support of the motion. Councilman Lemon stated the same effect could be made in the form of a letter and encouraged a letter of support, as opposed to the passage of the Resolution. Attorney Dickson provided the Council clarification as to the binding effects of the Resolution. He pointed out that the Resolution states the official position of the Council in support of legislation, but does not bind the Council in any way. Larry Leonard, 1030 Olympus, believed the Council would be signing a blank check in the passage of this Resolution, stating he did not feel this was a very viable option. -5- 1509 CITY COUNCIL MEETING January 2, 1990 Councilman Nicholson stressed that the Council would be supporting local options as opposed to State regulations. He spoke in support of the Resolution. Following further discussion, the question was called, and the motion carried with Councilman Gabriel voting "No". 5. Consideration of Council Committee Assignments Mayor Sargent stated previously it has been the Mayor's responsibility to assign Committee assignments to Councilmembers. This has been done by dividing the Committees up equally and assigning them to Councilmembers by allowing Council- members to choose their Committees, and by a rotational drawing of Committees. The best approach seems to be one which attempts to match Councilmember interest with related Committees and making sure the workload is evenly distributed. Councilman Lemon stated it has been his position for the past two years that the length of the Committee list is, in his opinion, ridiculous. Six years ago the Committee list was half the length it is now. Upon running for City Council, it was his determination to work for the City. He then stated the Committees on which he wished to serve: The Audit Committee, the Permit Process Review Committee, Real Estate Committee, Revolving Loan Fund Review Board, the Utility Advisory Committee, and remain as co-chair of the Harbor Management Plan Review Committee and step down from his position as City liaison on the Chamber of Commerce. Councilman Gabriel suggesteded the Council review the list of Committees and decide whether the Committee is necessary or directly related to City business, and then have the Committee assignments on a voluntary basis. Councilman Ostrowski suggested the list be referred to the Mayor and the Mayor appoint several Councilmembers to review the Committees, as it was his opinion there were too many Committees and they could be cut back. From the membership of a review committee of the Mayor and two Councilmembers, a recommendation could be brought back to the Council. Councilman Lemon stated he was in agreement with the suggestions made by Councilman Gabriel. Councilman Gabriel stated it is not a matter of time, but a matter of where the Councilmember wants to spend time. He felt the Councilmember's first priority should be to spend time on Committees which are directly related to City business, and any other Committees should be on a volunteer basis. Councilman Wight suggested the Council follow through on the suggestion made by Councilman Ostrowski regarding a Committee to review the list; and also that the Councilmembers provide a list to the City Manager's Office of those committees on which they would be willing to serve. Councilman Ostrowski moved that the Committee assignment list be referred to the Mayor and two Councilmen appointed by her to review the list and return to the Council with recommendations, and at that time, Councilmembers may choose their assignments. Councilman Nicholson seconded the motion. Gouncilman Hallett stated the Committee assignment list is public knowledge and has been around for many years. He pointed out that a large number of the Committees meet very infrequently. Furthermore, a commitment that he had made when running for the Council was the knowledge that the time to be spent was more than the first and third Tuesdays of the month. It was a policy matter of the Council to determine whether Committee assignments were a part of Councilmembers' duties. He felt the outside agency boards and committees were personally valuable, simply because they open horizons as to what is going on within the community, away from the Council. Additionally, many of the agencies are those for which the City provides discretionary funding, and to have some form of representation helps the Council understand those boards. If the Council chose to form a Committee to review the Committee assignment list, then it should also return with a policy recommending that the Committees be ranked in order and prioritized, and the balance will be discretionary. He offered that as a friendly amendment. Councilmen Nicholson and Ostrowski concurred. Councilman Gabriel stated he would not be in favor of the motion; that the Councilmembers should serve on Committees directly related to the City. -6- 1510 CITY COUNCIL MEETING January 2, 1990 Councilman Lemon concurred. The amended motion was voted on and carried with Councilmen Lemon and Gabriel voting "No". Mayor Sargent stated she felt the Committee should be made of one member who has served on the Council prior and one new member. Councilmembers Gabriel and Ostrowski volunteered to serve on the Committee. A meeting date was set for January 8, 1990, at noon in the City Council Chambers. The assignment of Councilmembers to the Utility Advisory Committee were Councilmen Lemon, Wight and Hallett. 6. Discussion of City Manager Selection Process Mayor Sargent noted that the issue before the Council is whether or not to advertise locally for the position of City Manager. A committee had been formed previously to discuss several methods of advertising the position, and chose not to utilize the local newspaper or the Seattle newspapers. She noted to date, the City has received approximately 100 applications and letters of interest, with very few applications or inquiries being received from Washington or Oregon applicants. Councilman Nicholson stated the selection process will be an awesome process for the Council and that applications have been received from all over the country. He requested the Council be very sure they do not overlook possi- bilities; that someone locally could have the qualifications that the Council would want to fill the position. It would be possible for the Council to do that if advertisement is restricted to certain advertising methods. Councilman Lemon spoke on behalf of the committee, stating they had looked at the cost factor involved and he felt the applicants from Washington and Oregon have the same access as other applicants across the country; that local adver- tising was unnecessary, as it was apparent the position is available because of the publicity it has received. However, he did not recall discussion of the Seattle newspapers. Manager Flodstrom responded to a question from Councilman Ostrowski regarding the deadline date, stating it would be appropriate for the Council to extend the closing date to January 31st and authorize advertisement in both local and Seattle papers. He spoke regarding the concern he had of not receiving appli- cations from within the State of Washington, as he felt this State has some very highly qualified people. Councilman Ostrowski moved to extend the deadline date for applications for the position of City Manager to January 31, 1990, and to advertise in other State and local newspapers. Councilman Gabriel seconded the motion. Councilman Gabriel commented that he was in favor of giving every opportunity that the Council could afford to see if applications from within the State could be received. Mayor Sargent asked where advertisement has taken place. Personnel Manager Coons responded the City has advertised in the AWC Job Bulletin, a magazine called "Governing", Jobs Available, which is published in the Western United States as well as the Eastern United States, and the ICMA Newsletter. Councilman Wight asked whether the job bulletins in Jobs Available advertising were generic. Personnel Manager Coons responded these are advertisements which are mainly sent to municipalities and other public agencies and would not be seen by the general public. Manager Flodstrom suggested that the Council authorize advertisement in the Seattle PI, the Tacoma News-Tribune, and the Spokane newspaper, as well as the Peninsula Daily News, and that advertisement be done twice. Councilman Ostrowski restated the motion that the Council extend the deadline from January 15th to January 31, 1990, and advertise in local newspapers and two or three larger city newspapers, the advertisement to be run twice in each paper. Councilman Gabriel concurred. The motion was voted on and carried, with Councilman Lemon voting "No". -7- 1511 CITY COUNCIL MEETING January 2, 1990 Mayor Sargent suggested that the Council also look at the method of processing applications, suggesting the use of executive search firms to help in the interview process. Councilman Lemon requested that Manager Flodstrom provide copies of the executive search firm information to the new City Councilmembers. Councilman Wight requested that this issue be brought back before the Council at the January 16th meeting. BREAK Mayor Sargent recessed the meeting for a break at 8:35 P.M. The meeting reconvened at 9:00 P.M. 7. Discussion of Goals and Objectives Work Session Councilman Lemon moved to set a work session for the City Council to be held on January 23, 1990, at 6:00 P.M. at the Port Angeles Fine Art Center for the discussion of Goals and Objectives. Councilman Wight seconded the motion, which carried unanimously. 8. Request for UAC (Utility Advisory Committee) Meeting (Utility rata revenues; Sewer and Solid Waste issues; City Light service area discussion, and others) The dates for the Utility Advisory Committee meetings were set for January 4, 1990, at 4:00 P.M. in the Public Works Conference Room, and January 12, 1990, at 5:00 P.M. in the Public Works Conference Room. XI CITY COUNCIL COMMITTEE REPORTS/LATE ITEMS Councilman Hallett requested that the Public Information Officer contract be placed on the meeting agenda for January 16, 1990. Mayor Sargent noted Item 4 on the Information Agenda, regarding the effec- tiveness of recycling for 1988, stating the Council's goal was 50% recycling and the amount the City recycled in 1989 was 6.2%. She asked that the Council address this issue in the current year. Manager Flodstrom brought the Council's attention to an issue regarding the Clallam County Drug Task Force requesting use of office space on the second floor of the City Light Building at Front and Cherry Streets, stating this use of the building has been discussed by the Council previously and the Council had indicated it was not interested in the sale of the building or lease or any other market use. However, this is, in essence, a City use of the facility and would greatly facilitate the needs of the Drug Task Force. He further stated it would and could be done in such a fashion that it would not compromise the current operation by City Light field crews. He requested Council give him the authority to work with the Drug Task Force on this issue. Councilman Hallett moved that the Council direct staff to bring to the Council at the January 16th meeting a proposal for use of the City Light Building for the Drug Task Force. Councilman Gabriel seconded the motion, which carried unanimously. Mayor Sargent stated she had been approached by George Pettit who had voiced his interest to the Council in forming a citizens' committee regarding other funding alternatives of the LIFT Home program. She requested suggestions from the Council on how to begin the formation of the committee. XII ADJOURN TO EXECUTIVE SESSION Mayor Sargent adjourned the meeting to executive session at 9:25 P.M. for discussion of three items of litigation. Approximate time, 15 minutes. XIII RETURN TO OPEN SESSION The meeting returned to open session at approximately 10:15 P.M. -8- 1512 CITY COUNCIL MEETING January 2, 1990 XIV ADJOURNMENT The meeting adjourned at 10:16 P.M. CC.124 -9-