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HomeMy WebLinkAboutMinutes 07/01/1986I CALL TO ORDER Mayor Whidden called the meeting to order at approximately 7:00 P.M. II ROLL CALL Members Present: Mayor Whidden, Councilmen Hallett, Hesla, McPhee, Schermer, Stamon. Members Absent: Councilman Quast attending the NWPPA Conference. Staff Present: CITY COUNCIL MEETING Port Angeles, Washington July 1, 1986 Manager Flodstrom, Attorney Knutson, Acting Clerk Anderson, P. Carr, S. Ilk, R. French, S. Brodhun, L. Glenn, J. Pittis, D. Wolfe. 559 Public Present: M. Greubel, E. J. Main, S. L. Ford, D. Quast, D. Rudolph, B. M. Brown, H. B. Shannon, D. Ferrie, C. Alexander, P. Feeley, J. Shefler, P. Schromen Wawrin, J. Klahn, J. Cozzette, D. 'Johnson. K. Wright, R. Belfield, L. McPhee. III MINUTES Councilman Schermer moved to accept and place on file the minutes of the regular City Council meeting of June 17, 1986, and the continued meeting of ,July 19, 1986, as presented. Councilman Hallett seconded. Councilman McPhee noted on Register Page 558, paragraph 6, his request that the public information letter include the question of a public vote on City Hall. Councilman Stamon had answered, "No. It's a decision that's been made. She stated it was the consensus of the Council that it would not be an item for consideration in the newsletter. On call for the question, the motion, with the amendment, carried. IV FINANCE 1. Request for Payment to Riddell, Williams of $1,653.68 for Legal Representation on WPPSS Issues Councilman Schermer moved to authorize payment to Riddell, Williams in the amount of $1,653.68 for ongoing legal representation on WPPSS litigation. Councilman Hesla seconded and the motion carried. V CONSENT AGENDA Councilman Hallett moved to accept the items under the Consent Agenda, including (1) vouchers of $314,609.96, and (2) payroll of June 15, 1986 of $225,597.91. Councilman Stamon seconded. Councilman McPhee inquired if the new Hewlett Packard equipment was budgeted. ā€˛Manager Flodstrom stated it was. Following brief discussion, on call for the question, the motion carried. VI ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA None. VII LEGISLATION 1. Award of Certificates for Yard of the Month Recognition Six Individual Awards, and One Neighborhood Award Mayor Whidden presented Yard of the Month Certificates to: Ladd and Bertha Byers, 921 South "A Larry and Marily Brown, 125 Vashon; Jerrine and Earnest Main, 537 West Sixth; DiAnn Johnson, 922 Eckard Place. Mayor Whidden then presented Certificates for Neighborhood Yard of the Month to: William and Marylynn Brown, Robert and Carol Philpott, Donald and Eunice Burwell, Mr. and Mrs. Dennis Ferrie, and Hugh and Billie Shannon, all residents of the Christman Place neighborhood. 560 CITY COUNCIL MEETING July 1, 1986 2. Public Hearings A. Street Vacation Request Joyce Herman SV- 86(6)4 (Eunice, North of Eighth) Councilman Schermer abstained in the appearance of fairness. Mayor Whidden opened the public hearing and asked for comments. Ken Schermer, 738 West Sixth Street, spoke for Joyce Herman who was not present, stating Mrs. Herman had no objection to the fee recommended by staff or purchasing the property at the stated price. Mayor Whidden asked for further comments. There were none; therefore, Mayor Whidden closed the public hearing. Mayor Whidden then read the Ordinance by title, entitled ORDINANCE NO. 2401 AN ORDINANCE of the City of Port Angeles vacating a portion of Eunice Street located north of the intersection of Eunice and East Eighth Streets. Following brief discussion, Councilman Stamon moved to adopt the Ordinance as read by title, inserting in Section 2, the dollar amount, $4,665.50. Councilman McPhee seconded and the motion carried, with Councilman Schermer abstaining. Councilman Schermer then resumed his Council seat. B. Amended Animal Control Ordinance Police Lieutenant Steve Ilk noted the new Ordinance incorporated a section on vicious dogs and outlined other amendments within the Ordinance. Fol- lowing a brief discussion, Mayor Whidden opened the public hearing. Steve Ford, 1234 West Fifth Street, a Pit Bull Terrier owner, spoke against the vicious animal provisions of the Ordinance. Jane Canter Shefler, 3717 Park Knoll Drive, spoke in opposition to cat licensing, stating it would be difficult to enforce. Marie Snow, 111 East Seventh Street, also opposed cat licensing, stating cat restraints would be impractical and difficult to enforce. Joyce Clauson, Forks, a member of the Rain Forest K -9 Club in Forks, South- west Washington'Pit Bull Club, and Northwest American Pit Bull Terrier Club spoke in opposition to the vicious animal section. Discussion followed. Jeannette Cozzette, 1038 West Sixth, pit bull owner, spoke briefly on the "nature" of her pit bull. Gerald Baker, Forks, pit bull owner, also spoke on the general nature of pit bulls, as well as other breeds of dogs. He felt there should be an ordinance regarding vicious dogs in general to prptect the public and to make all animal owners responsible, rather than focusing on one breed. Mayor Whidden asked for further comments. There were none. Mayor Whidden therefore closed the public hearing and read the Ordinance by title, entitled ORDINANCE NO. 2402 AN ORDINANCE of the City of Port Angeles amending the City's Animal Control Ordinance, providing for spaying or neutering of unclaimed animals, estab- lishing a cat license requirement and related fees, regulating vicious dogs, defining pit bulls as vicious dogs, amending Ordinances 1915 and 2282, and amending Chapter 7.02, 7.08, 7.12, 7.16 and 7.18 of the Port Angeles Municipal Code. Councilman Schermer moved to adopt the Ordinance as read by title. Coun- cilman Hallett seconded. Councilman McPhee stated he would like to see the $25 fee in Section 7.08.030, remain $15. In the same section, he felt the sentence, "Any succeeding impound of the animal within a three year period should be changed to a one -year period. In Section 7.12.030 Fees, Councilman McPhee stated the words "prior to" should be deleted. Council- men Schermer and Hallett concurred. Councilman McPhee then initiated a brief discussion on Section 7.16.070 Dogs, with reference to lengths of leashes and allowing dogs to be unleased in special events. He felt special consideration should be given to situations such as search and rescue. There was discussion at some length regarding other possible changes. In discussion of proposed changes, Councilman Hallett did not concur with the change to a one -year period in Section 7.08.030 and preferred to see the Ordinance kept as originally drafted. Councilman Stamon then moved to amend the Ordinance to include the changes in Section 7.08.030, imposing a fee of $25, changing the time period to one year; and in Section 7.16.070 adding the wording, "or participating in a special event with the prior approval of the Port Angeles Police Department or the Clallam County Sheriff's Office" to Section 7.16.070 Councilman Schermer seconded. Brief discussion followed. On call for the question, the motion to amend carried, with Councilman Hallett voting "No George Bower, Animal Control Officer for the Port Angeles Police Depart- ment, spoke on restraints for pit bulls and other dogs within the City. Councilman Hesla then moved to amend the Ordinance under Section 7.16.140 Vicious Dogs, Subsection A, to include "or adequately secured runner according to the weight of the dog." Attorney Knutson suggested one addition to the end of Subsection A could be, "or otherwise be able to contain the particular dog as determined by the Animal Control Officer." Additional discussion followed. The motion died for lack of a second. Councilman McPhee then moved to amend the Ordinance to have licensing for cats be voluntary for cat owners. Councilman Stamon spoke in support of maintaining the licensing of cats with the understanding that for cats which stay inside a majority of the time, cat owners could have possession of a license for the cat, providing it would be put on the animal should the animal go outside. Councilman McPhee's motion died for lack of a second. On call for the question, the original motion carried, with Councilman McPhee voting "No 3. Planning Commission Minutes of June 25, 1986 561 CITY COUNCIL MEETING July 1, 1986 Councilman Schermer moved to accept and place on file the Planning Commis- sion minutes of June 25, 1986. Councilman Stamon seconded, noting Item V Reports of Commissioners, which states, "There had been grey water dumping at Thunderbird Boathouse by individuals." She noted this was prohibited as a condition of their Conditional Use Permit by the Planning Commission. Planning Director Carr explained the circumstances of the dumping and stated the owners of Thunderbird Boathouse would be notified and advised. On call for the question, the motion carried. 4. Request from Port Angeles Symphony for Support for Its Performance At Expo in September Authorized Nico Snel, music director for the Port Angeles Symphony, spoke to Council members regarding the invitation the Symphony had received to perform at Expo '86 in Vancouver, B.C., on Saturday, September 13, 1986. He requested Council support in making the trip. Councilman Hallett noted the Symphony had received a grant from the Washington State Expo Commission and spoke in favor of a subsidy. Some discussion followed. Councilman McPhee moved to grant $1,000 to the Port Angeles Symphony to enable them to represent the City at Expo on September 13, 1986. Council- man Hallett Seconded. Councilman McPhee amended his motion to include the striking of a contract, as noted by the City Manager. Councilman Hallett concurred. On consensus, Councilmembers decided the distribution of literature promoting Port Angeles and the surrounding area would be sufficient services for the Symphony to provide in return for the $1,000. On call for the question, the motion carried. 562 CITY COUNCIL MEETING July 1, 1986 5. Request from Port Angeles 16 -Year Old Youth Baseball Program for Funding Assistance Approved Councilman Stamon moved to authorize payment in the sum of $1,500 to the Port Angeles Teams for participation in the Dizzy Dean World Series in Florida, and commended them for their initiative in volunteering to provide services to the Parks Department, including assistance in the installation of playground equipment at the Fifth and Oak Street Park. Councilman Schermer seconded and the motion carried. 6. Request From "Citizens for Responsible Government" to Present a Petition and Comments Relating to the City Hall Issue Carl Alexander, 1712 West Fifth Street, presented to Councilmembers a petition signed by 1,921 citizens of Port Angeles requesting a vote for the new City Hall. Keith Wright, 420 East Sixth Street, opposed not being allowed to vote on City Hall. Roxanna Belfield, 2432 Woodside Circle, encouraged Councilmembers to listen to the citizens of Port Angeles. Mayor Whidden and Councilman Hesla stated the majority of people they had talked to in their day -to -day life had spoken in support of the new City Hall. Councilman McPhee stated the Chamber of Commerce and the Port Angeles Business Association had asked for a vote on City Hall. He stated the majority of people he had spoken to wanted a vote. Councilman Schermer moved to accept the report from the "Citizens for Responsible Government" group, place it on file, and proceed with the next item on the agenda. Councilman Hallett seconded. Councilman Hallett complimented Mr. Alexander, Mr. Wright, and Ms. Belfield for a logical and well documented presentation, and stated his appreciation of their time and effort put in on the project. He stated, for himself, there had been a disagreement on philosophy as to how elected officials were to represent constituents and did not want his philosophy to be interpreted as not wanting to listen to 1,921 people. He said he did want to listen to 17,000, or however many were registered to vote, stating, "We are trying to do just that." He said he hoped citizens and the City Council would continue to work together for what's best. Councilman Stamon responded to Ms. Belfield's question if Councilmembers were willing to listen to the people, answering, "yes She emphasized Coun- cil was not listening strictly to staff. Councilman Stamon said the people who voted for her in last year's election knew her position on this particular issue, which was to proceed with construction of the new City Hall. She said she could not now, in good conscience, tell those people "No She also commended the group for their involvement in this issue. She felt personally she would not change her position and that the Council was doing the right thing for the City. She also stated the City Hall was something citizens had given Councilmembers the responsibility to do by electing them, and that it was clearly spelled out in State law that the City Council is authorized to make those decisions which do not necessitate an increase in taxes to pay for them. She cited toe Morse Creek and Falls Creek Hydroelectric projects funds. Councilman Schermer stated he firmly believed there was a need for a new City Hall. He stated it was beyond the possibilities to stop construction of City Hall. He also stated his appreciation for the concern of the people, but still felt that a decision had been made and it was the Coun- cil's responsibility as responsible officials to stick to that decision. Councilman McPhee felt the parallel regarding the hydro projects was not a good parallel in that the public was not assured they would have the oppor- tunity to give final approval on the hydro projects. Councilman Schermer stated it had been a matter for the people or the Council to decide and that was exactly what had happened. On call for the question, the motion carried. 7. Consideration of a Keg Registration Ordinance Mayor Whidden read the Ordinance by title, entitled ORDINANCE NO. 2403 AN ORDINANCE of the City of Port Angeles regulating the sale and distribution of malt liquor and establishing a new Chapter 9.36 of the Port Angeles Municipal Code. 563 CITY COUNCIL MEETING July 1, 1986 Councilman Hesla moved to adopt the Ordinance as read by title. Councilman Hallett seconded. In discussion, Councilman Stamon spoke in support of the Ordinance. Councilman Hesla said it would also clarify the responsibility of those purchasing kegs to monitor the parties. On call for the question, the motion carried. 8. Adoption of 1986 Human Services Contract With Clallam County Councilman Schermer moved to authorize Mayor Whidden to sign the Human Ser- vices Contract with Clallam County for 1986. Councilman Stamon seconded. Councilman Schermer inquired as to the late date for this consideration. Manager Flodstrom explained. Councilman Stamon noted the City was contrib- uting $133,560 this year to Human Services funding for the citizens of Port Angeles. Following discussion, on call for the question, the motion car- ried. 9. Information on Intent from Clallam County Human Services Coordinator to Request Proposals for 1987 Human Services Needs Following discussion with Carol Owens, Human Services Coordinator, Council- man Schermer suggested representatives from the Forks and Sequim City Coun- cils, County Commissioners, and Port Angeles City Council meet to discuss Human Services. Councilmembers agreed to have all the agencies meet. Carl Alexander, Sr., Port Angeles, asked why only three cities were men- tioned. Councilman Stamon noted everything in the unincorporated areas was provided by Clallam County. 10. Selection of Contractor to Provide a Public Information Program for the City There was discussion at some length. Councilman Schermer moved to proceed with selection of a consultant by written ballot. Attorney Knutson dis- couraged this method. Following brief discussion, Councilman Schermer withdrew his motion and moved to proceed with selection of a consultant for the Public Information Program and select Lisa Cochrun for the position. Councilman Stamon seconded, noting it was the firm of Cochrun Graphic Arts and Promotions. Councilman McPhee favored Dennis Bragg and Harold Giles. He felt in initiating such a program, there should be someone with more local experience. Councilman Hesla suggested taking a vote. Some discus- sion followed. Councilman Stamon then amended the motion to direct staff to develop a con- tract. Councilman Schermer concurred. Councilman Hallett concurred with Councilman McPhee's comments, stating his preference of hiring qualified candidates locally. Following discussion, on call for the question, the motion carried, with Councilmen Hesla, Stamon, Schermer and Mayor Whidden voting "Aye and Councilmen Hallett and McPhee voting "No Larry Leonard, 1030 Olympus, asked who was going to put the public informa- tion letter together. Mayor Whidden pointed out Lisa Cochrun would be coordinating with staff and Council. Manager Flodstrom stated information could also be solicited from the community to be coordinated in various newsletters. 11. Consideration of Abatement of Overgrown Lot Vegetation Councilman Stamon moved Council direct the Fire and Public Works Depart- ments to investigate and notify the 44 property owners that if the con- ditions described in Port Angeles Municipal Code Chapter 8.16 exist, they will proceed with the abatement of overgrown and hazardous lots. Council- man Hallett seconded. Councilman Schermer stated the area on Marine Drive, especially between Cherry and Valley Streets, was "appalling" with the 564 CITY COUNCIL MEETING July 1, 1986 overgrown weeds and vegetation, and felt that should be a high priority, noting that more people drive down Marine Drive than any other street in town. Following some discussion, Councilman Stamon amended the motion to include other lots that come to the attention of the public. She inquired if it would be worthwhile to advertise, informing the public they should contact the Public Works Department regarding problem lots. Attorney Knutson pointed out that within the terms of the Ordinance, the motion had to include a specific property. Councilman Stamon concurred. Councilman McPhee stated he would like to see staff address the problem before the weeds become four feet tall. Public Works Director Pittis explained the statute prevented action until it became a hazard. Some discussion fol- lowed. Marie Snow, 111 East Seventh, noted an overgrown lot on Peabody from Third to Fourth Streets. Councilman Stamon included by consensus, Ms. Snow's addition of Peabody from Third to Fourth Streets, to the list. Carl Alexander, 2212 West 13th, addressed the issue of tent caterpillers in conjunction with overgrown lots, asking if something could be done about them. Public Works Director Pittis said basically that the property owner would have to deal with the problem. Following some discussion, on call for the question, the motion carried. 12. Consideration of Ordinance Regarding "Minor in Possession Reflecting Recent Changes in the Law Mayor Whidden read the Ordinance by title, entitled ORDINANCE NO. 2404 AN ORDINANCE of the City of Port Angeles establishing the crime of Minor in Public Place After Having Consumed Liquor and adding a new section to Chapter 9.34 of the Port Angeles Municipal Code. Councilman Hallett moved to adopt the Ordinance as read by title. Council- man Hesla seconded. Councilman Stamon noted the Ordinance was coming out as a result of a recent Supreme Court decision which had ruled that convic- tion of intoxication of a minor in possession without actual evidence that they had the alcohol is no longer valid. Following discussion, on call for the question, the motion carried. 13. Modification to City Hall Architectural Agreement For Additional Design Services for Swimming Pool and Vern Burton Memorial Community Center Councilman Hallett moved to authorize Mayor Whidden to execute Amendment No. 1 to the architectural agreement. Councilman Stamon seconded. Coun- cilman McPhee stated he wondered if any of it was covered in the existing contract. Project Director Pittis explained in detail. Councilman McPhee then initiated discussion regarding the origin4,l contract and project costs. Following discussion at great length, on call for the question, the motion carried, with Councilman McPhee voting "No Councilman Hallett noted it was 10:00 P.M. and moved to continue with the remaining items on the agenda. Councilman Stamon seconded and the motion carried. 14. Consideration of a Resolution Authorizing Participation in State Investment Pool Mayor Whidden read the Resolution by title, entitled RESOLUTION NO. 19 -86 A RESOLUTION of the City of Port Angeles authorizing investment of City moneys in the Local Government Investment Pool. Councilman McPhee moved to pass the Resolution as read by title. Council- man Stamon seconded, noting it was a pool being formed by local governments AN ORDINANCE of the City of Port Angeles revising the insurance and hold harmless requirements for use of the Vern Burton Memorial Community Center, amending Section 12.08.050 of the Port Angeles Municipal Code and Section 1 of Ordinance 2398. VIII CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS 565 CITY COUNCIL MEETING July 1, 1986 Statewide as an opportunity for the City to invest at a higher interest rate small sums available to the City for short term, possibly overnight, investments, which would be an alternative to investing in repos. On call for the question, the motion carried. 15. Consideration of Amendment to WSEO (Washington State Energy Office) Contract Councilman Stamon moved to authorize Mayor Whidden to execute Amendment No. 1 to WSEO Contract No. 86- 25 -03, signature effective June 27, 1986. Coun- cilman Hallett seconded and the motion carried. 16. Consideration of Amendment to Vern Burton Memorial Community Center Ordinance Mayor Whidden read the Ordinance by title, entitled ORDINANCE NO. 2405 Councilman Stamon moved to adopt the Ordinance as read by title. Council- man Hallett seconded. Brief discussion followed. Lu McPhee, 911 East Eighth Street, asked where parking for the Community Center would be located. Project Director Pittis stated some would be on the east side and some next to City Hall. On call for the question, the motion carried. Councilman McPhee addressed the issue of traffic buttons, requesting if Councilmembers could receive a memo from the City's Risk Manager stating X/ that non removal of traffic buttons on City streets from 1987 to 1989 would not cause a problem to the City. He was concerned with lability. kct SJ Jtja oct- Councilman Schermer then addressed the Highway Fund Resolution. Councilman Schermer moved to send a Resolution, signed by the Mayor, to County Commis- sioner Lawrence-Gaydeski. Councilman Hallett seconded. Following a brief discussion, Councilman Schermer amended his motion to draft a Resolution. Some discussion followed. Councilman Stamon suggested Council direct staff to write a letter expressing Council's support for the concept, and have a Resolution prepared for consideration at the next meeting. Councilmen Schermer and Hallett concurred. On call for the question, the motion carried. Councilman Stamon suggested sending a letter to tiie Port Angeles 16 -Year Olds Baseball Team extending congratulations and best wishes on behalf of the City and Council in the Dizzy Dean Tournament in Florida. Councilman Stamon also made note of a letter received from Senator Gorton regarding the Coast Guard Cutter CONFIDENCE, which will be replaced by the cutter ACTIVE. She stated there was a request from Commander David J. West for the Council to welcome the ACTIVE into the community and she stated she would like to see the entire Council be involved in any ceremonies. Manager Flodstrom noted on August 8, 1986, there would be a change of command ceremony. The new commander will be Drew Hamlin. Councilman Stamon noted the SCADA (Systems Control and Data Acquisition) system should be up and running as of October 1, 1986. Councilman Hallett noted a letter from the Port Angeles High School thank- ing the Parks Department for another fine job at Civic Field. Councilman Hallett commended the Public Works Department for the fine job of monitor- ing the McDougal Street project since January 1st. He felt it was a classic example of City staff and the Council working hand -in -hand with residents. 566 CITY COUNCIL MEETING July 1, 1986 Councilman Hallett mentioned an article in an area newspaper in which Red Devil president Jerry Elrod stated: "Community fireworks displays are privately sponsored through chambers of commerce, service clubs, or business concerns. None is supported by public money." Councilman Hesla gave an update on the last Port Angeles Chamber of Com- merce Board meeting. Councilman Schermer noted his recent attendance at the latest City Hall Review Committee meeting and publically commended Project Director Pittis for his ability to handle disagreements. Councilman Stamon suggested that maybe the Chamber should consider having a fund drive for next year's Fourth of July. Mayor Whidden read a portion of the letter from U. S. Coast Guard Commander David West. Mayor Whidden felt it expressed how the Coast Guard viewed the City of Port Angeles. It reads: "We look forward to delivering a virtually new cutter ready to serve you for another 20 years. ACTIVE will join a long, illustrious list of Coast Guard Cutters serving the best 'home port' Port Angeles." Mayor Whidden noted and publically thanked Assistant City Attorney Deborah Snyder Kelly who initiated the new District Court probation fee schedule and for presenting the proposal to the District Court. He noted the pro- gram would result in significant revenue changes or gains for the City of Port Angeles. IX ADJOURNMENT Mayor Whidden adjourned the meeting at 10:21 P.M. There was no executive session. Acting City Clerk Prepared by Q.QJ).(a Q r Mayor c3;1142A.-1