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HomeMy WebLinkAboutMinutes 07/02/1996 3311 CITY COUNCIL MEETING Port Angeles, Washington July 2, 1996 CALL TO ORDER - Mayor Ostrowski called the special meeting of the Port Angeles City Council to SPECIAL MEETING: order at 6:15 p,m. ROLL CALL: Members Present: Mayor Ostrowski, Councilmembers Braun, Campbell, Doyle, Hulett, and Wiggins. Members Absent: Councilmember McKeown. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, B. Becket, S. Brodhun, B. Collins, K. Godbey, S. Ilk, J: Pittis, B. Titus, and K. Ridout. Public Present: No one signed the roster. Community Memorial The purpose of the special meeting was to conduct a ceremony in honor of James Ceremony 'Jim" G. Caldwell, who was recently nominated and approved, posthumously, to have his name permanently placed on the City's Community Memorial. ADJOURN SPECIAL The special meeting was adjourned at 6:55 p.m. MEETING: CALL TO ORDER - Mayor Ostrowski called the regular meeting of the Port Angeles City Council to REGULAR MEETING: order at 7:00 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Ostrowski. ALLEGIANCE: APPROVAL OF Councilman Braun moved to approve the minutes of the regular meeting of June MINUTES: 18, 1996. Councilman Doyle seconded the motion, which carried unanimously. Councilman Campbell moved to approve the minutes of the special meeting of June 25, 1996. Councilman Wiggins seconded the motion, which carried by a majority vote, with Councilman Hulett abstaining due to his absence from the meeting. CEREMONIAL Yard of the Month Award for July, 1996 MATTERS/ PROCLAMATIONS: Yard of the Month Awards for July, 1996 were presented to: Leo and Wilma Poppe, 1120 West 15th Street; First Baptist Church, Sixth and Laurel Streets; and August Yard of the Month - and Lee Heldt, 612 East Ennis Street. July, 1996 FINANCE: None. CONSENT AGENDA: Councilman Doyle moved to accept the Consent Agenda, including: 1) Payroll - June 16, 1996 - $362,576.13 and 2) Voucher list - June 28, 1996 - $2,057,704.57. Councilman Campbell seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. ITEMS FROM THE Manager Pomeranz asked that Item D.4. regarding the BPA power sales contract be AUDIENCE/COUNCIL/ removed from the agenda so that a special meeting can be held prior to the meeting STAFF TO BE of July 16, 1996, in conjunction with the Utility Advisory Committee. Manger CONSIDERED OR Pomeranz informed the Council there was need for an Executive Session to discuss PLACED ON A an item of litigation for approximately 15 minutes. FUTURE AGENDA: Councilman Wiggins asked to report on a meeting with Senator Gorton, which was added as Item D.7. -1- 3312 CITY COUNCIL MEETING July 2, 1996 ITEMS FROM THE Manager Pomeranz asked to add Item D.8., the Franklin School Area Sidewalk AUDIENCE/COUNCIL/ Project. STAFF TO BE CONSIDERED OR Mayor Ostrowski announced that on Monday, July 8, 1996, the City will have an PLACED ON A official visit from Mayor Sugiyama, Mutsu City, Japan, the City's Sister City. He FUTURE AGENDA: asked Council members to be present at 3:45 p.m. for the official welcome at City (Cont'd) Hall. Mayor Ostrowski also reminded the Council that there will be an official July 4 celebration held at Lincoln and Third Streets; he encouraged Council to attend. PUBLIC HEARINGS: I. Appeal of Denial of Peddler's License - Norman Howard Appeal of Denial of Mayor Ostrowski opened the public hearing and invited Mr. Howard to address the Peddler's License - Council. Norman Howard Councilman Braun stated he had inadvertently discussed this matter with staff, and if Mr. Howard had a problem with his participation on the issue, he would disqualify himself from the proceedings. Mr. Howard stated he did not have a problem with Councilman Braun's participation. Norman Howard, 827 East Sixth Street, appealed the denial of his peddler's license. He stated he had been involved in door-to-door sales for many years and has never had any complaints on his behavior, despite his criminal record. He presented a letter of recommendation to the Council from a satisfied customer. Mr. Howard said. he was involved in drug use in the past, and this was the reason for his past problems. He is currently drug free and attends a local church. He read a list of references to the Council, and stated he had turned his life around. He requested that the Council grant his license. Mr. Howard claimed his parole officer, who felt he should be granted a license, had spoken to the Chief of Police and City Attorney and advised them of his support of Mr. Howard. He then responded to questions posed by the Council. Police Chief Ilk stated that he had never met Mr. Howard, nor had he spoken to Mr. Howard's parole officer. He explained the background checks conducted on applicants for peddler's licenses. Based on Mr. Howard's criminal record, Chief Ilk did not feel comfortable granting him a peddlers license, despite his claim to have changed his lifestyle. Mr. Howard explained his sales technique, stated he has never been accused of misconduct or misbehavior in anyone's home, and again offered to supply references. He again asked to be granted a license with the understanding it can be repealed for misconduct. Attorney Knutson stated that Mr. Howard's parole officer had not contacted him either, that staff had reviewed Mr. Howard's criminal record, he had researched State law and other legal precedents, and denial of the license is supported under these circumstances. Staff felt the criminal record of the last five years was most relevant to this proceeding and does directly relate to Council's decision. In rebuttal, Mr. Howard felt his criminal charges were unrelated to the requested license. The drug charge was for possession and not for burglary. He has no burglary charges on his record and did not feel his criminal record can be tied to his request for a peddler's license. Attorney Knutson stated that the findings for denial of the request are based on crimes that involve person-to-person contact, and it is the same type of conduct which could occur if he is allowed to go door-to-door. Gary Faulk, 823 Glass Road, asked if there was any other offense on Mr. Howard's record other than for drugs. If not, he did not see a logical link to obtaining a peddler's license. Chief Ilk then read the complete list of Mr. Howard's offenses. Mr. Howard again stated he had made mistakes due to drug use, and he had changed. There were extenuating circumstances on all the charges. He reiterated his request that a license be granted. There was no further public testimony, and Mayor Ostrowski closed the public hearing at 7:31 p.m. Discussion followed, and Councilman Campbell stated that Mr. Howard had only been out of prison for approximately three months, and it would take longer than this to regain the trust of the citizens regarding this type of activity. He felt granting this license to Mr. Howard would be a mistake at this time. Lengthy discussion 3313 July 2, 1996 PUBLIC HEARINGS: followed. (Cont'd) Clerk Upton informed the Council that Mr. Willis, Mr Howard's parole officer, had Appeal of Denial of called her, and l~e was ~ul~de~ the impression that the business license was being Peddler's License- denied so tha~ ~r. ~6~d ~ld nOt be gainfully employed. Clerk uPton assured Norman Howard him this was not the case. The City wished him well in finding gainful employment, (Cont'd) but did not want him conducting business with door-to-door sales. Further discussion ensued, and Council members presented their thoughts on the issue. After which, Councilman Campbell moved to sustain the denial, citing Findings of Fact 1 - 5, as set forth in Exhibit 'A" which is attached to and become a part of these minutes. Councilman Wiggins seconded the motion. After brief discussion, a vote was taken on the motion, which carried unanimously. Mayor Ostrowski advised Mr. Howard that he had the right to appeal the Council's decision to the Clallam County Superior Court within 30 days. Six-Year TIP - 2. Six-Year Transportation Plan Resolution No. 12-96 Mayor Ostrowski reviewed the information provided by the Public Works Department and requested that Public Works Director Pittis provide a brief review of the issue. Mayor Ostrowski opened the public hearing at 7:45 p.m., there was no public testimony, and the public hearing was closed. Mayor Ostrowski then read the Resolution by title, entitled RESOLUTION NO. 12-96 A RESOLUTION of the City Council of the City of Port Angeles, Washington, adopting the Six-Year Transpor- tation Improvement Plan. Councilman Wiggins moved to pass the Resolution as read by title. Councilman Braun seconded the motion. At Council's request, Director Pittis explained how projects are rolled into the next year, and he also explained the Peabody Street shoulder. A vote was taken on the motion, which carried unanimously. LEGISLATION: A. Ordinances not Requiring Public Hearings Agreement with Clallam 1. Agreement with Clallam County for Reimbursable Work County for Reimbursable Work - Mayor Ostrowski reviewed the information provided by the Department of Public Ordinance No. 2922 Works and read the Ordinance by title, entitled ORDINANCE NO. 2922 AN ORDINANCE of the City of Port Angeles, Washington, authorizing the execution of an agreement with Clallam County for the performance of work on City streets and repealing Ordinance No. 2435 Councilman Braun moved to adopt the Ordinance as read by title. Councilman Hulett seconded the motion. Ken Ridout, Deputy Director of Public Works, explained what type of work the County does for the City, and he indicated the agreement had been drawn up by both the City and the County attorneys. A vote was taken on the motion, which carried unanimously. Setting Public Hearing on B. Resolutions not Requiring Public Hearings Street Vacation - St. Andrew's Church - I. Street Vacation Petition - STV96(06)02 - St. Andrew's Episcopal Church, Resolution No. 13-96 Alley East of Peabody Street: A resolution setting a public hearing on a petition requesting vacation of the north/south alley abutting lots in Block 25, Grant's Addition to the Townsite of Port Angeles Mayor Ostrowski reviewed the information provided by the Planning Department and read the Resolution by title, entitled RESOLUTION NO. 13-96 A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a hearing date for a petition to vacate the alley abutting Lots 1 through 15 and 38 through 52, Block 25, Grant's Addition to the City of Port Angeles. -3- 3314 CITY COUNCIL MEETING July 2, 1996 LEGISLATION: Councilman Wiggins moved to pass the resolution as read by title. Councilman (Cont'd) Campbell seconded the motion. At Councilman Campbell's request, Planning Director Collins explained the purpOse of the vacation was to consolidate the land in Setting Public Hearing on order to achieve a buffer for the area. After further discussion, a vote was taken Street Vacation - on the motion, which carried unanimously. St. Andrew's Church - Resolution No. 13-96 (Cont'd) C. Planning Commission Minutes/Action Itetns None. D. Other Considerations Skateboard Proposal 1. Presentation of Skateboard Proposal by S.C.O.O.P. (Skate Club of the Olympic Peninsula) · Mayor Ostrowski invited the spokesperson for the Skate Club to address the Council on the matter of a Skateboard Proposal. Mr. Don Perry, 317 West Ninth Street, is a member of the Youth Task Force. Approximately three months ago, the Task Force supported a skate board park and held a public hearing which was attended by more than 70 persons. Meetings were held to discuss the possibilities of a skate board park, and S.C.O.O.P. was born. He introduced the officers of S.C.O.O.P. and stated the club was going to incorporate. The members have raised more than $800 thus far. The Lincoln Park tennis area is being looked at as a possible temporary skate park site. If the kids prove themselves, the park would then become permanent, and the Club would maintain the park and pay for ramps and jumps needed. Mr. Perry then introduced Andrea Larson, President of S.C.O.O.P. Andrea Larson stated the youth needed a safe place to skate. She stated it would give the teens something to do other than getting into trouble, and she felt it was a very important project. Mr. Perry thanked the Council for its time and offered to respond to questions. Discussion followed, and each Councilmember gave his opinion of the issue. It was the general consensus that a skate board park would be an asset to the City. Councilman Braun moved that the proposal for a skateboard park be forwarded to the Park Board and City Attorney for review and recommendation to the City Council. Councilman Wiggins seconded the motion. Councilman Wiggins expressed concern over the City being sued for liability in the event someone was injured at a City-owned skate board park. Attorney Knutson stated that he and the Assistant City Attorney have reviewed the legal opinions provided by S.C.O.O.P., and that the recreational immunity statute should provide the City with protection from liability. However, the City could still be sued, and there are several issues that require further review. After further discussion regarding the construction of the ramps and possible problems arising from competition between in-line skaters and skate boarders, a vote was taken on the motion, which carried unanimously. Request to Circulate 2. Request to Circulate att Annexation Petition for Approximately 14.92 acres Annexation Petition of property located east of the City limits east of Campbell Avenue Mayor Ostrowski reviewed the information provided by the Planning Department. As the request for annexation is slightly different than the recommendation of the Planning Commission and staff, Director Collins offered an explanation for the change and, using the overhead projector, displayed a map of the area under consideration, which included the additional acreage. Director Collins then responded to questions posed by the Council and explained that the annexation would also have to go before the Boundary Review Board. Councilman Campbell moved to allow an annexation petition be circulated for the approximately 16 acres which includes the property proposed by Mr. DeChantal and the four smaller pieces owned by the Melton, Lebius, Woolworth and Elienberger families, citing Findings 1 - 6 and Conclusions A - C, as set forth in Exhibit 'B', which is attached to and becomes a part of these minutes. Councilman Braun seconded the motion. Director Collins noted that the Planning Commission had made a word change to Condition C to state the 'annexation request is valid". The change was accepted by the maker and seconder of the motion. At Councilman Wiggins' request, Director Collins explained the next step in the ~umexation process. A vote was taken on the motion, which carried unanimously. -4- 3315 July 2, 1996 LEGISLATION: 3. Agreement with Clallam County for HousehoM Hazardous Waste Amnesty (Cont'd) Day Agreement with County Mayor Ostrow~ki reviewed the information provided by the Department of Public for Household Hazardous Works. ' '. ' :' ~ Waste Amnesty Day Councilman Braun moved to authorize the Mayor to execute the agreement with Ciallam County to provide a maximum of $8,000 toward the anticipated costs. Councilman Wiggins seconded the motion. After brief discussion, a vote was taken on the motion, which carried unanimously. BPA Power Sales 4. Discussion of BPA Power Sales Contract Option This item was removed from the agenda. Ediz Hook Sewer 5. Ediz Hook Sewer Easement Easement This item was removed from the agenda. PenCom Dispatch and 6. Agreement with Peninsula Communications Dispatch and Computer Records Computer Records Service Service Mayor Ostrowski reviewed the information provided by the Police Department. Manager Pomeranz pointed out that Peninsula Communications Center has been a success story for the various entities working together. Councilman Braun moved to enter into this interiocal agreement with Clallam County. Councilman Hulett seconded the motion. After brief discussion, a vote was taken on the motion, which carried unanimously. Meeting with 7. Report on Meeting With Senator Gorton Senator Gorton Councilman Wiggins reported on a meeting held with Senator Gorton's advisory committee regarding the request made by the City for its Multi-Modal project. Senator Gorton advised staff that there were 1200 requests received for funding, but the City is on the list. He understood the City's need in view of the timber and fishing decline in Port Angeles. Councilman Wiggins felt Senator Gorton will do what he can to support the City's request. Manager Pomeranz stated that staff is working closely with Congressman Dicks, but it was critical to make contact with the two Senators as well. This meeting with Senator Gorton was very helpful. Manager Pomeranz noted that Councilman ~(, ,~.~;{)]~-~//W4ggi~ had also delivered some information to Senator Murray when she was in 0~. ?4 Port Angeles recently. Franklin School 8. Franklin School Area Sidewalk Area Sidewalk Manager Pomeranz stated that a press release was going out in the morning regarding the City's receipt of a $100,000 grant from the Washington State Transportation Improvement Board for sidewalk and transportation improvements in the Franklin School area. This area has been in desperate need of sidewalks and improvements and to curb, gutters, and stormdrains. The City will match the funds with proceeds received from street vacations, and the School District will donate $20,000. Brief discussion followed, and Director of Public Works Pittis explained the scope of the project. Break Mayor Ostrowski recessed the meeting for a break at 8:50 p.m. The meeting reconvened at 9:05 p.m. ADJOURN TO The meeting adjourned to Executive Session at 9:05 p.m. to discuss a matter of EXECUTIVE litigation for approximately fifteen minutes. SESSION: RETURN TO The meeting returned to open session at 9:25 p.m. OPEN SESSION: ADJOURNMENT: The meeting was adj°um, ed at 9:2FP' m'~"~-"~"~ ~ 5 3316 THIS PAGE INTENTIONALLY LEFT BLANK 3317 Exhibit mA' FINDINGS OF FACT SUSTAINING DENIAL OF PEDDLERS BUSINESS LICENSE - NORMAN HOWARD: The City Council finds that 1. Peddling, or door-to-door solicitation, is an occupation that places the practitioner in close ~ contact with individual citizens, their homes, and their property in potentially isolated circumstances and requires qualities of trustworthiness and due regard for the safety and well-being of others. 2. The criminal record of the Peddler' s License applicant, Norman Howard, involves crimes of moral turpitude, such as assault, promoting prostitution, theft, drug manufacture and delivery, and unlawful solicitation/delivery of controlled substance, which indicate lack of trustworthiness and due regard for the safety and well-being of others and unfitness to practice peddling activity in the City. 3. The crimes in Mr. Howard's criminal record involve the kinds of contacts with other persons that are comparable to the opportunities for criminal activity that occur in connection with door-to-door solicitation. In other words, issuance of a Peddler's License could facilitate the commission of such crimes and would raise reasonable concerns that the community or neighborhoods where the peddling activity occurs would be at risk. 4. Mr. Howard's felony record directly relates to the business of selling door-to-door. 5. The issuance of a Peddler's Business License would be adverse to or unreasonably jeopardize the health, welfare and safety of the citizens of the City of Port Angeles. Adopted~il at its meeting of July 2, 1996. _ '"l~ro~((Js~r'o~v~ Becky J.'Ul~n, C~y Cl&k1 ~ 3318 Exhibit 'B FINDINGS AND CONCLUSIONS TO ALLOW CIRCULATION OF AN ANNEXATION PETITION - DeCHANTAL: Findings: 1. A letter of intent was received by Mr. and Mrs. Alain de Chantal on May 23, 1996, requesting annexation of approximately 14.92 acres of property under their ownership to the City of Port Angeles. 2. Annexation of the proposed property would be a logical extension of the City's boundaries if it encompassed the entire area recommended for annexation. 3. Washington State law requires that a request for annexation be signed by the owners of not less than ten percent of the property proposed for annexation. 4. Newly annexed properties shall assume a proportionate share of the City's indebtedness upon annexation. 5. Goal B, Policies 2, 4, 5, 6, 7, 8, 9, and 10, of the Growth Management Element of the City's Comprehensive Plan were reviewed relative to the proposal. 6. Four properties should be included with the original petition because they are adjacent to or surrounded by the proposed area and can be accessed and served by existing services in the area. Conclusions: A. As recommended, the proposal is in compliance with the City's Comprehensive Plan. B. As recommended, the annexation would be in the public interest. C. The annexation request is valid as it has been signed by one hundred percent of the property owners as presented. Adopted by the Port Angeles City Council at its meeting of July 2, 1996. I~cky/Ii U~on, (~ity Clerl~- - -