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HomeMy WebLinkAboutMinutes 02/28/2006 e e CALL TO ORDER- SPECIAL MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: RESOLUTIONS: Initiative and Referendum Process 5825 CITY COUNCIL SPECIAL MEETING Port Angeles, Washington February 28, 2006 Mayor Rogers called the special meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Rogers, Deputy Mayor Williams, Councilmembers Braun, Erickson, and Wharton. Members Absent: Councilmember Munro and one seat vacant. Staff Present: Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler, S. Roberds, S. Johns, N. West, and P. Bartholick. Public Present: T. Jennings, P. Ripley, P. Lamoureux, V. Sproat, B. Pierce, C. Rector, L. Sproat, C. Kidd, M. Langley, and 1. Powell. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Erickson. Initiative and Referendum Process: Attorney Bloor distributed a memorandum to the City Council on the matter of an Initiative and Referendum resolution. He explained that the County Auditor had certified the initiative and referendum petition that was filed with the City as being sufficient... The Ci~ Council is, therefore, obligated to pass a resolution declaring an . iI!tent to adopt the P9we~~ of initiative and referendum. Attorney Bloor indicated that he had prepared'a draft resolution, a local representative of the petitioners had prepared a draft resolution, and the petition sponsor's legal counsel had prepared yet another resolutio~ to take before the Council. Attorney Bloor related that the language in the resolutions provided by the sponsor's attorney seeme:d to v~ry from State law in terms of how cities can act with the initiative and referendUin.p~ocess. It appeared that those draft resolutions asked the City to adopt expanded powers beyond those adopted by other Code cities. He said that no city is a sovereign government, and it is bound by State law. The City Council could not legally adopt powers outside those granted by State law, which holds true even if the City has a petition signed by many citizens. He felt it would be warranted to defer the matter to the ~arch 21, 2006,yitY C9uncil meeting, at which time further information and clarification could be provided to the Council. It was agreed that the group's legal counsel would be welcome to address the draft resolutions he provided for consideration. Councilmember Eric~on moved to schedule the City Council meeting of March 21, 2006, to consider informatio~ regarding the different resolutions on the initiative and referendum process. Councilmember Braun seconded the motion. Discussion en~ued, and Attorney Bloor provided further clarification and indicated he would be asking for independent views of the resolutions. He added that the other resolutions do not address exclusions from referendum and initiative applicable to Code cities, and they do not address exclusions established by the courts in case law. A vote was taken on the motion, which carried unanimously. - 1 - 5826 r Ii '~ { '~ CITY COUNCIL SPECIAL MEETING February 28,2006 OTHER CONSIDERATIONS: Campbell Avenue PRD Break Interviews/Appointments - Planning Commission, Civil Service Commission, and Utility Advisory Committee EXECUTIVE SESSION: RETURN TO OPEN SESSION: Interviews/Appointments - Planning Commission, Civil Service Commission, and Utility Advisory Committee (Cont'd) j!; 1. Campbell Avenue PRD: 'i1 ~ Mayor Rogers referenced a letter just received from Green Crow requesting a continuation of the consideration on the PRD and subdivision. I Manager Madsen indicated the issue had been continued from the last Council meeting because of two unresolveg issues. Because of schedule conflicts, the City and the developer were unable tohteet to further discuss the issues. He mdicated the matter is on the record and is subject to preliminary approval, which can proceed with modifications introduced through the process to [mal approval. Continuation of the matter would be at the pleasure of the City Council. e '" .<< fi Dennis Yakovich, Green Crow, noted the schedule conflicts and expressed the hope that he and his staff could meet with the CitY staff to discuss the issuesl,needing resolution. He indicated that Green Crow may need to consider a redesign for consideration at a later date. 'iJ 11 'I{; ~ Councilmember Erickson moved to continue the PRD / Subdivision to the March 21, 2006, City Council meeting. Councilmember Wharton seconded the motion. Following further discussion as to the issues needing resolution, a vote was taken on the motion, which carried unanimously. Mayor Rogers recessed the meeting for a break at 6:36 p.m. The meeting reconvened at 6:48 p'.m. 2. Interviews/Appointments - Planning Commission, Civil Service Commission, and Utility Advisory Committee: The City Council interviewed the following candidates for the Planning Commission: Peter Ripley, Stanley Harris, Werner Beier, Michael "Doc" Reiss, Randall McCoy, and Jack Powell. Upon completion of the interviews, the Councilmembers felt it would be helpful to adjourn to Executive Session to evaluate the qualifications of the candidates. I J\1ayorl~.Qgers adjqurned the Il).ee!ing to E)(~~utiveSession for approximately one-half . ." hoUr ~d~r.ihe ~utp.ority of RCW!'42.3Q.:(10(h). Tne Executive Session convened at .', '8':20'p.m.,L', ' i ~,j.p "l. ,~ ~ The Ex~cutiv~ Session conclud,ed at"8;'48 p.m., and the Council convened in r~gular open session. ' <," *-" Ii 2. Interviews/Appoin'tments - Planning Commission, Civil Service Commission, , and Cftility Advisory, Committee (Cont'd): "f 'I " p," At the request of~~ May()r, the Council deliberated on appointments to the Planning Commission. Clerk Uptbn conducted a roll call vote for the Planning Commission , appointments,)Vjth the Counc;ilrI!embers stating their first and second choices in order. , COullciliiiembefWhartonc:st'votes fot Randall MtCoy and Werner Beier; Mayor Rogers cast votes for Stanlh Harris and Werner Beier; Councilmember Williams cast v~tes for Stanley Hj!rris and "Doc" Reiss; Councilmember Braun cast votes for Stanley Harris and "Doc" R~iss; and Councilmember Erickson cast votes for Stanley Harris and Werner Beier. Stanley Harris received four votes, vi erner Beier received three votes, "Doc" Reiss received two votes, and Randall McCoy received one vote. Therefore, St~nley H;,arris was appointed to the Planning Commission for the un~xpired term ending February 29, 2008, and Weruer Beier was appointed for the term, March 1,2006 - February 28, 2010. e i1i '" . .~ - 2- e e Interviews/Appointments - Planning Commission, Civil Service Commission, and Utility Advisory Committee (Cont'd) ADJOURNMENT: CITY COUNCIL SPECIAL MEETING February 28, 2006 5827 The Council considered the vacancy on the Civil Service Commission. Councilmember Erickson moved to appoint Glenn Wiggins to the Civil Service Commission for the term, March 1, 2006 - February 28,2010. The Council then considered the vacancy on the Utility Advisory Committee. Originally, there were two applicants; however, one of the applicants withdrew his application earlier in the day. Councilmember Erickson moved to appoint Orville Campbell to the Utility Advisory Committee for the term, March 1, 2006 - February 28, 2010. The motion was seconded by Councilmember Braun and carried unanimously. The meeting was adjourned at 9:01 p.m. - 3 -