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Home My WebLink AboutMinutes 07/05/19881058 I CALL TO ORDER /ROLL CALL Mayor McPhee called the regular meeting of the City Council to order at 7:00 PM. ROLL CALL Members Present: Mayor McPhee, Councilmen Gabri:l. hallett, Hesla, Lemon, Sargent, Stamon. Members Absent: Staff Present: Public Present: II PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Ted Potter and Webelos Group, members Trever Lunderville, Pat Robinson, and Derrek Darling. III MINUTES None. CITY COUNCIL MEETING Port Angeles, Washington July 5, 1988 Manager Flodstrom, Attorney Knutson, Clerk Maike, P. Carr, M. Cleland, R. Orton, S. Brodhun, L. Jlenr, J. Pittis, D. Wolfe, K. Ridout, B. Coons, D. McGiiJ' P. Nikodym Willson, T. Hansen, R. Knutson, L. VanOss, L. Gruver, T. S. Losch, P. J. Reau,Lau, E. Colowpos, D. Marvin, E. Foster, M. Parrish, C. Atwell, E. French, H. Medley, H. Berglund, D. Redgrave, G. Lee, L. T. Beil, M. Cavett, V. Hirt, J. Ross, P. Brewer, T. A. S. Clayton, R. Mills. Councilman Sargent moved to accept and place on file the minutes of the June 21, 1988, regular City Council meeting. Councilman Hallett seconded. Councilman Stamon offered a correction to Register Page 1051, third paragraph, striking the word "opposed" and replacing it with disagreed; Register Page 1052, Item 11, paragraph 3, last sentence, striking the word "anything" and replacing it with everything, so that the sentence reads, "In closing, he stated he did not think our incident response plan is an answer to everything, but it addresses On call for the question, the motion carried unanimously. IV FINANCE 1. Consideration of Bids for Golf Course Road Construction Councilman Hallett moved to concur with the recommendation of the Public Works Department and award the bid to Lakeside industries in the amount of $407,409.53, and the contract be issued for the Golf Course Road Construc- tion Project and authorize the Mayor to sign the contract. Councilman Hesla seconded. On call for the question, the motion carried unanimously. 2. Consideration of Bids for Removal of Oak Street Building, Councilman Stamon moved to concur with the recommendation of the Public Works Department and award the bid to General Construction in the amount of $14,800 and a contract be issued for the removal of the City -owned building on the Oak Street dock. Councilman Sargent seconded and the motion carried unanimously. V CONSENT AGENDA Councilman Stamon moved to accept the items on the Consent Agenda, including (1) Request for vehicle for hire /taxi license Mills; (2) Vouchers of $1,188,257.63; and (3) Payroll of 7 -1 -88 of $253,389.38. Councilman Lemon seconded and the motion carried unanimously. ORDINANCE NO. 2495 AN ORDINANCE of the City of Port Angeles repealing Chapter 3 of Ordinance No. 2050 and Chapter 5.12 of the Port Angeles Municipal Code. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1. Chapter 3 of Ordi- nance No. 2050 and Chapter 5.12 of the Port Angeles Mu- nicipal Code are both hereby repealed. Section 2. This Ordinance shall take effect five (5) days after date of publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 21st day of June, 1988. Frank McPhee, MAYOR ATTEST: Michelle M. Maike City Clerk APPROVED AS TO FORM: Craig D. Knutson City Attorney Pub.: June 24. 1988. NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN Sealed proposals will be rec- eived by the City of Port An- geles, on or before 2:30 P.M., June 30, 1988 at its of- fices at 321 East 5th Street, Port Angeles, Washington 98362, at which time and place the Proposals will be publicly opened and read in the Light Department Con- ference Room. Proposals will cover the fur- nishing of the following: Install approximately 2,500 feet of three phase 4/0 AL, 15 KV, underground power cable in existing conduit; relocate approximately 400 feet of existing three phase 7,200/12,470 volt overhead powerline; removal of ap- proximately 1,400 feet of existing three phase over- head powerline and other related work. Project is located along Golf Course Road from Highway 101 to Melody Lane, at Port Angeles, Washington: Bids must be accompanied by a cashier's check, postal money order or surety bond for the sum of not less than five percent (5 of the Pro- posal, payable to the City of Port Angeles. Any exceptions to the spec- ifications, contract or gener- al conditions shall be noted by the Bidder. Exceptions deemed by the City to be material shall be grounds for resection of the bid. The Bid Documents, includ- ing the specifications, may be obtained from the office of the Electrical Engineer, Port Angeles Light Depart- ment at the above address or by calling (206) 457 -0411, ext. 192. Prior to obtaining Bid Documents the prospec- tive Bidder must complete an electrical contractor pre qualification questionaire and financial statement in accordance with RCW 35.92.350. The City Council reserves the right to waive any informali- ty in bids and to reject any or all bids. Pub.: June 17, 19, 22, 26, 29, 1988. i ORDINANCE NO. 2496 AN ORDINANCE of the City of Port Angeles establishing a pay plan for the employees represented by Teamsters Lo- cal #589 (Clerk /Dispatcher and Sworn Officer Units) for the period of January 1, 1988, through December 31, 1988, and providing for the payment thereof. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows: S (�lion 1. Effective January 1, 1988, through December 31, 1988, the wages for the classifications noted below are hereby adopted as follows: Monthly Ste g g Ji 1428 1499 1575 1653 1735 1822 Clerk /Dispatcher Office Communication Supervisor Animal Control Officer Parking Enforce- ment Officer 1321 1394 1476 1540 1610 1691 Police Officer 2011 2105 2200 2294 2389 Police Sergeant 2589 2676 Septjppn 2. The above wages shall be paid in bi- weekly installments per accounting procedures established by the City of Port Angeles, and shall be paid within five (5) working days after the end of the payroll period, or as soon thereafter, per procedures established by the City of Port Angeles. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 21st day of June, 1988. Frank McPhee, MAYOR ATTEST: Michelle Maike, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney Pub.: June 24. 1988. ORDINANCE NO. 2498 AN ORDINANCE of the City of Port Angeles amending the scope of the view ease- ment required by Ordinance No. 2441. WHEREAS, Ordinance No. 2441 vacated a portion of "F" Street abutting Lot 1, Block 119 to the west and Lot 7, Block 115 to the east, north of the 4/5 alley, contingent upon a view easement being dedicated over a 20 -foot strip of Block "A" of the James Sampson Claim north of the remaining 20 feet of "F" Street; and WHEREAS, the intent of the view easement was to re- strict construction over the portion of Brock "A" south of Marine Drive; and WHEREAS, the intent of said vacation can be accom- plished without detriment to the public interest by mod- ifying the scope of the view easement so that it does not apply to that portion of Block "A" of the James Sampson Claim north of Ma- rine Drive; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1. Section 1 of Ordi- nance 2441 is hereby amend- ed to read as follows: Subject to the terms and conditions of this Ordinance, the following described por- tion of a street is hereby vacated: That portion of "F" Street consisting of the west 5 feet and the east 45 feet thereof, aoutimg LOt 1, block 119, and Lot 7, Block 115, Town site of Port Angeles, lying north of the 4/5 alley; pro- vided that there shall be dedicated to the City and the public an easement pro- hibiting any view obstructing construction N 33 degrees 14'26" east of the remaining 20 feet of "F" Street, which easement shall attach to and be binding upon that portion of Block "A" of the James Sampson Claim, Volume 2, Page 61, Records of Clallam County, lying south of the abandoned Seattle, Port An- geles, and Lake Crescent Railroad right -of -way lying south of Marine Drive. Section 2. Effective Date. This Ordinance shall become effective five (5) days after publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 21st day of June, 1988. Frank McPhee, MAYOR ATTEST: Michelle M. Maike City Clerk APPROVED AS TO FORM: Craig D. Knutson City Attorney Pub.: June 24. 1988. 1836 1928 2025 2126 1530 1607 1687 1771 1859 1952 NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN Sealed proposals will be rec- eived by the City of Port An- geles, on or before 2:30 P.M., July 7, 1988 at its of- fices at 321 East 5th Street, Port Angeles, Washington 98362, at which time and glace the Proposals will be publicly opened and read in the Light Department Con- ference Room. Proposals will cover the fur- nishing of the following: Install approximately 2,500 fee: of three phase 4/0 AL, 15 KV, underground power cable in existing conduit; relocate approximately 400 feet of existing three phase 7,200/12,470 volt overhead powerline; removal of ap- proximately 1,400 feet of existing three phase over- head powerline and other related work. Project is located along Golf Course Road from Highway 101 to Melody Lane, at Port Angeles, Washington. Bids must be accompanied by a cashier's check, postal money order or surety bond for the sum of not less than five percent (5 of the Pro- posal, payable to the City of Port Angeles. Any exceptions to the spec- ifications, contract or gener- al conditions shall be noted by the Bidder. Exceptions deemed by the City to be material shall be grounds for rejection of the bid. The Bid Documents, includ- ing the specifications, may be obtained from the office of the Electrical Engineer, Port Angeles Light Depart- ment at the above address or by calling (206) 457 -0411, ext. 192. Prior to obtaining Bid Documents the prospec- tive Bidder must complete an electrical contractor pre qualification questionaire I and financial statement in accordance with RCW 35.92.350. The City Council reserves the right to waive any informali- ty in bids and to reject any or all bids. Pub.: June 17, 19, 22, 26, 29, 1988. the Planning Director. LOCATION: City -wide. LEGAL DESCRIPTION: N /A. APPLICANT: CITY OF PORT ANGELES. PROPERTY OWNER: N /A. STATE ENVIRONMENTAL PO- LICY ACT (SEPA): N /A. All interested parties may appear at the hearing and express their opinion on this proposal. DATE: June 20, 1988. Michelle Maike City Clerk Pub.: June 28. 1988. CITY OF PORT ANGELES ADVERTISEMENT FOR BIC FOR REMOVAL OF A CITY -OWNED BUILDING Sealed bids will be receivt by the office of the Ci Clerk, 321 East Fifth Stree P.O. Box 1150, Port Angele Washington 98362, until 3:C P.M., June 28, 1988, and n'; later, and will be open( publicly at that time. Bids wilh& taken for: Sale and removal of a Cit owned building located 201 West Railroad Avem and commonly known Pisces Seafoods, located c the Oak Street dock. Bid documents may be of tained from the Public WorF Department, City of Port Al geles, at the above addres. (206) 457 -0411, Ext. 120. All proposals or bids sha be submitted on the pre' cribed form and in the mar ner as indicated in the li structions to Bidders an conditions and said propo: als or bids shall be al companied by a certified c cashier's check or a bid bon in the amount of five pe cent (5 of the tot amount of the proposal c bid, said bid bond shall t. issued by a surety autl orized and licensed to issu said bonds in the State i Washington. The City of Port Angeles n serves the right to acceF the proposals or bids an award to responsible bidder which are in the best inter est of the City; to postpon the acceptance of proposal or bids and the award of th contracts for a period not t exceed thirty (30) days; or t reject any and all proposal or bids received and furthE advertise for bids. Jack N. Pittis, P.E Director of Public Work RESOLUTION N0. 10 -88 A RESOLUTION of the City of Port Angeles setting a hear- ing date for a petition to va- cate a portion of Caroline Street abutting Lots 9, 10, and 11, Block 32, Norman R. Smith's Subdivision to the Townsite of Port Angeles. WHEREAS, the owner of in- terest in Lots 9, 10, 11, Block 32, Norman R. Smith's Subdi- vision to the Townsite of Port Angeles, has filed a pe- tition with the City Clerk to make vacation of that por- tion of Caroline Street abut- ting Lots 9, 10, and 11, Block 32, N.R. Smith's Subdivision; and WHEREAS, said petition ap- pears to have been signed by owners of more than two thirds of the property abut- ting upon the rights -of -way sought to be vacated; NOW, THEREFORE, BE IT RE- SOLVED BY THE COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1. The petition to make such vacation shall be heard and determined by this Council on the 19th day of July, 1988, which is not more than sixty (60) days nor less than twenty (20) days hereafter. Section 2. The City Clerk is hereby directed to give twenty (20) days notice of the pendency of said petition according to the provisions of RCW 35.79.020. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 21st day of June, 1988. Frank McPhee, MAYOR ATTEST: Michelle M. Maike City Clerk APPROVED AS TO FORM: Craig D. Knutson City Attorney Pub.: June 24. 1988. ORDINANCE NO. 2497 AN ORDINANCE of the City of Port Angeles establishing a pay plan for the employees represented by IBEW Local #997 for the period of April 1, 1988, through March 31, 1989, and providing for the payment thereof. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows: ,pction 1. Effective April 1, 1988, through March 31, 1989, e wages and position classification and pay plan for the following designated positions are hereby adopted as follows: Classification Lineman Foreman- m/f Lineman- m/f Apprentice Lineman/ Meterman- m/f 1st step 2nd step 3rd step 4th step 5th step 6th step Equipment Operator Head Groundman- m/f Groundman- m/f Electric Inspector Senior Meterman- Journeyman- m/f teterman Warehouseman- m/f Mechanic Maintenance Technician Sr. Electrical Inspector Percent of Lineman Base Per Hour 112.5% $19.33 100% 17.18 A B Conservation Aide 1407 1450 1491 1541 1584 1630 Energy Analyst/ Inspector Elec.Engr.Aide 1774 1828 1881 1941 1998 2059 2119 Elec.Engr.Spec. 2059 2119 2183 2249 2316 2383 2446 Commercial Institutional Energy Analyst 2183 2249 2316 2383 2446 2515 2590 Power Analyst 2383 2446 2515 2590 2662 2741 2819 Section 2. The above wages shall be paid in bi- weekly installments per accounting procedures established by the City of Port Angeles, and shall be paid within five (5) working days after the end of the payroll period, or as soon thereafter, per procedures established by the City of Port Angeles. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 21st day of June, 1988. ATTEST: Michelle M. Maike, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney Pub.: June 24. 1988. 75% $12.89 7 8% $13.40 81% $13.92 84% $14.43 90 $15.46 95% $16.32 89.5% $15.38 82.5% $14.17 7 8% $13.40 100% $17.18 105% $18.04 100% $17.18 87% $14.95 81% $13.92 $100 $17.18 105% $18.04 C C E F G Frank McPhee, MAYOR VI ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA Robin Gabriel, 417 Eckard Avenue, spoke in regard to a newspaper article addressing a request to bring a counselor from Colorado for a fee of about $3,000 to advise the City Councilmembers. She suggested if Council felt the need for such an activity, that they look into the possibility of finding someone locally who could help deal with the issue of team negotiating. She stated she felt the old members of the City Council liked to spend money; however, the new members were voted in to put a lid on spending and she, personally, did not feel like paying $3,000 out of her community pocketbook to have the Council psychoanalyzed. VII LEGISLATION 1. Yard of the Month Awards Mayor McPhee presented Yard of the Month awards for the month of July to the following people: Tory and Shelly Clayton, 2116 West 16th Street; Jeff and Jeri Abram, 234 Fogerty; Paul and Joyce Reandeau, 316 West Fifth Street; Spencer and Barbara Thompsen, 1833 East Lauridsen Blvd.; and Daryl and Evelyn Schmitz, 607 East Whidby. The July Neighborhood of the Month was the 1300 Block of Samara Drive. Michael and Darcey Hoover, 1313 Samara Drive, David and Kathleen Hagiwara, 1317 Samara Drive; Peter and Rhonda Nesse, 1318 Samara Drive; Harold and Lois Soderquist, 1323 Samara Drive; Mr. and Mrs. Gary Ledbetter, 1324 Samara Drive; Mark and Cindy Atwell, 1329 Samara Drive; and Gregory and Marilyn Parrish, 1334 Samara Drive. 2. Recognition of Paramedic Dan McKeen for his Recent Appointment to the Governor's Panel on Standards for Emergency Care Mayor McPhee read a letter from Governor Booth Gardner appointing Paramedic Dan McKeen to the Trauma Care Steering Committee. His term of office will be effective immediately and will continue until June 30, 1992. Councilman Stamon then made a brief note that the award was another indication of the caliber of people that the City is fortunate to have working and it reflects the admiration that their peers throughout the State hold them in, in terms of their ability and professionalism. 3. Public Hearings A. Street Vacation STV- 88(6)5 City of Port Angeles /Groshong Councilman Hallett moved to continue the public hearing to the City Council meeting of July 19, 1988. Councilman Sargent seconded and the motion carried unanimously. B. Establishment of Non Resident User Fees for Medic I Service Mayor McPhee opened the public hearing at 7:22 P.M. Lorraine Ross, 418 East Front Street, questioned the Council as to the policy when there is a response to a 911 call and both the Medic I unit and the private ambulance service respond to the emergency; who and how is the patient billed for those services. Fire Chief Glenn responded that the Medic I unit responds to advanced life support calls and transports only in those types of situations; and in the event there is a basic life support call that does not require paramedic service to the hospital, then the private carrier is called and charges for that service. Bob Roebuck, 2111 West 16th Street, questioned how far the Medic I unit responds. Chief Glenn responded that in the event the private ambulance is not available to respond to Fire District #2, which surrounds the City, the Port Angeles Medic I has a mutual aid agreement that they will provide back -up services to the Fire District, to members of Gales Addition, and Dry Creek. CITY COUNCIL MEETING July 5, 1988 Joyce Reandeau, 316 West Fifth Street, asked in the event a person who does not have insurance is picked up by Medic I, what would the City's policy be -2- 1059 1060 CITY COUNCIL MEETING July 5, 1988 as far as pursuing the cost of services. Mayor McPhee commented that they had not looked into the details of that issue. Leonard Beil, 3721 Park Knoll Drive, a member of the Port Angeles Medic I Advisory Board, felt it was important to raise a few questions in regard to the Peninsula Daily article in the July 3rd edition, addressing the Council's proposed charges for non residents treated by City paramedics. He felt it was important to point out that when a call comes in on the 911 line the Port Angeles Medic I unit would respond, and the concern has been not on the response, but on the transport. He felt this may be confusing to some people; they may think they are going to be charged for the transport. He went over some of the concerns he has regarding the proposed ordinance. Councilman Hallett asked Mr. Beil about his feelings on the ordinance and whether he would like to see it enacted. Mr. Beil replied it was his hope to one day see Gale's Addition, Dry Creek and upper Old Mill Road incor- porated into the Medic I Program, where they would be paying their full share of the cost and the City would no longer have to deal with who was going to be paying for the services. Mayor McPhee closed the public hearing at 7:38 P.M. Councilman Stamon moved to remand the issue to the Medic I Advisory Board to have them consider further the information provided at the public hearing and come back to Council with their recommendations. Councilman Hallett seconded. Councilman Stamon, in speaking to her motion, stated Council needs to carefully weigh both sides of the issue. She pointed out the citizens of Port Angeles, when Medic I was instituted, voted to tax themselves on their utility bills to provide this service. She was concerned Council was trying to fix something that was not broken. She urged Council be extremely careful in looking at what it is Council wants to do, the message that Council is to give, and the perception that will be created. Councilman Lemon stated he felt this was a service that was voted in by the citizens of the City of Port Angeles for the City of Port Angeles, and this ordinance is about establishing fees for non resident users. Councilman Gabriel stated the main issue was whether or not money could be generated by billing insurance companies. Councilman Hallett, in speaking to Councilman Gabriel's comment, stated the idea of generating revenue was admirable; however, less than 50% of the population of any community has residents with any type of medical insurance which would cover transport by an ambulance service. He stated he was in favo n of the motion to refer the issue back to the Medic I Advisory Board Councilman Sargent spoke in support of the motion. Mayor McPhee commented there was no reason why the residents of the City of Port Angeles should support people who live outside the City of Port Angeles. He felt the time has come to tell the public, specifically the people of Port Angeles, that we are interested in reducing the cost of the City program and providing income for new equipment. He stated the Medic I Program was just another example of the citizens of the City of Port Angeles paying for a service for people outside the City. On call for the question, the motion carried, with Councilman Lemon and Mayor McPhee voting "No C. Consideration of Amendine City's Present Nuisance Ordinance Mayor McPhee opened the public hearing at 8:00 P.M. Harvey Medley, 810 West Fifth Street, spoke regarding a neighboring house at 814 West Fifth Street and his feelings on the junk stored at that residence. He gave Council a brief sequence of events regarding complaints made by him and action made by staff. Mr. Medley stated he was tired of the nuisance and wanted to see something done about it. -3- 1061 CITY COUNCIL MEETING July 5, 1988 Mayor McPhee asked Manager Flodstrom if there was a reason why no action had been taken on this incident. Manager Flodstrom stated there has been action taken and the City was getting close to the end of the 30 -day period which the Fire Marshal had given the resident for cleaning up his property. At that time, the property would be reinspected and if anything was not removed that had been instructed to be moved, the issue would come before the Council for initiation of the nuisance process. Attorney Knutson pointed out to Council one of the purposes of the new ordinance Council was considering was to regulate the keeping of junk on private property when it creates a condition which tends to reduce property values and interfere with the enjoyment of private property. In such a situation, two residents of the City, or more, who are impacted by the effect of the junk on the private property must file written complaint with the City before action can be taken. Further, the definition of "junk" does include the storage of old appliances when they are not being used for their intended purpose. Mr. Medley stated the requirement of two written complaints by residents of the neighborhood was a portion of the ordinance he was opposed to, and stated he would like to see that portion of the ordinance amended or deleted. Hattie Berglund, 1834 West Seventh Street, addressed the Council as to some confusion she was having on the public hearing itself, stating there had been no formal proposals as to what the changes to the current nuisance ordinance would be. Mayor McPhee stated his only concern was he felt the City was being over- zealous in its pursuit of violators. He stated he did not feel the rigorous following of the law on such a minor issue was necessary. Councilman Lemon stated in the framing of the nuisance ordinance, it de- fines what a nuisance is, and he had concerns with the vigilantes teams of people going out looking for such problems, and in looking at the property which has come before the Council in the past, he felt there was nothing involved, other than aesthetics. He felt the nuisance ordinance should deal (1) with rodents, junk, car bodies and that type of issue and then (2) a flavoring of aesthetics. The major thrust of a nuisance ordinance should be a nuisance. Councilman Hallett stated the ordinance, as it is written, is very clear -cut and concise and it is very simple and easy to read. Richard French, 319 West Seventh Street, stated he has delivered mail to Park Street for over 20 years and one lot which was declared a hazard was between 427 and 415 East Park. Every resident around the lot has changed since the houses were built there, and since the enactment of the nuisance ordinance, the new residents have filed the complaint that the lot needed to be cleared. He stated he did not understand and he felt this was an instance of over reacting to overgrown lots. Valerie Hilt, 1738 West Sixth Street, gave an exam'Qle of what this ordinance was made to enforce. She gave Council a brief description of a house across the street from her where the owner had built a garage and then brought in vehicles, consisting of about four car bodies in assorted states of demoli- tion, a boat blocking the driveway, and on the parking strip in front of the house is a pick -up truck and a car that is undriveable. She was concerned with the fire hazard, as the fence surrounding the yard is an old cedar fence, and given the number of car body parts in and around the yard, she felt the fire hazard was extremely high. Mrs. Hilt stated she had filed a complaint with the City and there had been some action taken; a truck had come to the residence and placed green stickers on the truck that was sitting on the road. She spoke in support of retaining the ordinance and was not in favor of any amendments or changes to said ordinance. Joyce Reandeau, 316 West Sixth Street, commented on aesthetics regarding a corner lot on Cherry Street which is completely empty and has grown to grass, with a few bushes towards the back. She stated to drive by it aesthetically would be unpleasing and in the event you wanted to walk by on the sidewalk, you could not because the grass was growing over the sidewalk. It had also become a catch -all for all the bottle throwers going past the -4- 1062 CITY COUNCIL MEETING July 5, 1988 lot, as well as multitudes of cans and broken bottles and various other things, which are a trap for children, dogs, and other animals. There is also a terrible rat problem in the area. She stated aesthetics on the surface are not always simple aesthetics. Ralph Stattler, 724 South Chambers Street, stated he is a new resident to Port Angeles and he has purchased a lot which is also over grown. However, he has been taking care of his lot. He stated he has, however, kept an area in his yard, about 5 feet by 10 feet with waist -high grass next to his garden area where snakes live as a rodent control area and questioned whether someone could come by and request he cut the grass. He felt there was a need in Port Angeles to address some of the situations of the nuisance ordinance and the lots brought forth; however, he cautioned Council to be careful when enforcing laws and the requirement of two written complaints was a good idea; that Council was opening itself up to a tremendous problem. Douglas Redgrave, 511 South Ennis Street, stated he was a single neighbor; there were no other residents in his neighborhood, but he does have a nuisance lot right next to him and asked Council what he should do for enforcement action. Manager Flodstrom stated if the City receives a complaint from any citizen about a nuisance or hazard, the City will investigate the nuisance and the hazard. The City will attempt to contact the property owner in order to abate the nuisance or hazard, and it is not unless the owner refuses to abate the problem that the formalization process comes into play. Mr. Redgrave stated he felt it was an unfair responsi- bility placed upon the citizens of Port Angeles that they should have to complain; but that it should be the responsibility of the authorities. Attorney Knutson stated there is only one type of nuisance which requires two written complaints: the existence of junk, litter, or refuse. There being no further public comment, Mayor McPhee closed the public hearing at 8:34 P.M. Councilman Hallett moved to direct staff to enforce the ordinance as written and continue to bring back those that are not in compliance with the published ordinance for future Council action. Councilman Hesla seconded. Councilman Sargent stated she was not opposed to the ordinance as written, and if a complaint is brought before the Council that she does not feel constitutes a nuisance, she would not have any problem with voting in opposition. Councilman Stamon, in speaking to the motion, stated she did not believe Council was in the business of telling everyone their yard needed to be neatly manicured, edge trimmed and watered. She believed the way the ordinance is written, and the fact that it comes back before the Council for final-review and authority, is probably acceptable. It is a new ordinance, it has not been on the books for very long, and she thought Council should be very careful in making sure they give it a chance to work. Furthermore, the public testimony to this point has overwheliingly been in support of enforcing the ordinance. She stated she would rather have a little error on the side of being too conservative and have someone come to Council and say they were in disagreement with the decision, rather than looking the other way and enforcine some and not all. Councilman Gabriel stated he was for continuation of monitoring the ordinance over the next several months. that the law in the State of Washington has not gone quite so far as some other states in court decisions which have said you can regulate strictly on the basis of aesthetics. The Supreme Court has come very close to that, however. This ordinance was drafted to try to point out conditions as nuisances when aesthetics alone was not the only criterion establishing the nuisance condition. He believed the testimony at the public hearing would be very valuable if the City was ever challenged in enforcing any of these types of nuisances. The testimony that over -grown lots can be breeding grounds for rats; that they contain broken bottles and other health hazardous conditions; and in looking at all the nuisance conditions in the ordinance, reasons can be brought up other than aesthetics that support the validity of enforcement actions. On call for the question, the motion carried unanimously. BREAK Mayor McPhee recessed the meeting for a 15- minute break at 9:00 P.M. 4. Plannine Commission Minutes of June 22. 1988, Councilman Sargent moved to set a public hearing for July 19, 1988, City Council meeting regarding Zoning Code Amendments extensions. Councilman Gabriel seconded and the motion carried unanimously. Councilman Hesla moved to accept and place on file the Planning Commission minutes of the June 22, 1988, meeting. Councilman Stamon seconded and the motion carried unanimously. 5. Resolution Setting Public Hearing Date Street Vacation STV- 88(8)6 Fitzpatrick Mayor McPhee read the Resolution by title, entitled RESOLUTION NO. 11 -88 A RESOLUTION of the City of Port Angeles setting a hearing date for petition to vacate a portion of Caroline /Victoria alley abutting Lots 14, 15, 3 and 4, Block 32, Norman R. Smith's Subdivision to the Townsite of Port Angeles. Councilman Gabriel moved to pass the Resolution as read by title, to set the public hearing date for the August 16, 1988, City Council meeting, to accept the petition. and to refer the issue to the Planning Commission. Councilman Sargent seconded and the motion carried unanimously. 6. Resolution Setting Public Hearing on Six -Year Transportation Improvement Program (TIP) K Mayor McPhee read the Resolution by title, entitled RESOLUTION NO. 12 -88 A RESOLUTION of the City of Port Angeles setting a public hearing date for the 1063 CITY COUNCIL MEETING July 5, 1988 1064 CITY COUNCIL MEETING July 5, 1988 costs to a maximum of $100 per month, which would include a hold harmless agreement, and provided the City be named on the Food Bank's insurance policy as being an additional insured. Councilman Stamon seconded. Councilman Hallett asked Manager Flodstrom from which funds the money would be budgeted. Manager Flodstrom stated there would be some minor repairs needed for the initial modification to come from the Current Expense reserves, and in terms of the utility subsidy, that would be a lost revenue to the utilities, rather than an actual payment. Councilman Sargent reminded the Council that the Food Bank is providing approximately 2,000 people a month with food. She felt this to be a wonderful service to our community and urged Council to support the request. Councilman Hesla added a friendly amendment to the motion thatin the event of the sale of the building, the City would give 30 days' notice. Council- man Sargent concurred and asked that it be included in the agreement also. Councilman Lemon suggested that the Food Bank monitor the customer flow to see what the actual percentage was of City versus County residents. Mayor McPhee stated it was a necessary function; however, he did not believe it to be City business and the County does have a department which deals with such situations. If the motion was to be passed, the Council would be increasing the budget again and he reminded Council some of them were not elected to increase the budget nor to take away County functions. He stated they had heard the majority of these people are City residents, but all City residents are County residents and it would be inefficient for this body to spend time on such questions when the County already has people who spend time on welfare issues. He questioned Manager Flodstrom as to whether the Food Bank had requested funding assistance from any other organizations. Manager Flodstrom stated he did not believe so, and perhaps the explanation of that was because this is the Port Angeles Food Bank and they are designated as the Food Bank to serve the City of Port Angeles. Mayor McPhee stated he really believed it is a question to be referred to the County Commissioners; that it should not be addressed by the Council; and questioned as to where does the City draw the line. Councilman Hallett asked if there had been any thought into building a permanent structure, as this was only a short -term solution to an on -going need. Manager Flodstrom replied the Food Bank Board of Directors had spoken about it; however, this was an entity which has no means by which to accomplish that end and they are not financially able to construct or to purchase a facility. Councilman Sargent commented she believed in spending City money wisely and believed this to be a wise way to spend. Councilman Stamon, following along with Councilman Sargent's comment, stated she believed it to be the City's business to provide a public service. K Councilman Sargent urged the public to search for a permanent building or even a service organization which would like to work on providing a building for the Food Bank. She felt that to be a very worthy cause, as the old City Hall would only be a temporary home for the Food Bank until something permanent is done with the building. 8. Consideration of Finalizing and Adopting the Policy and Procedures Manual Mayor McPhee read the Resolution by title, entitled RESOLUTION NO. 13 -88 A RESOLUTION of the City Council of the City of Port Angeles, Washington, adopting the City Personnel Policy and Procedures for City employees, and and repealing Resolution 11 -69. Councilman Stamon moved to pass the Resolution as read by title. Councilman f Sargent seconded and the motion carried unanimously, 1k C M to 4.."Im +4-0 -a 4 vt C c rivI i. r C fti' r =C,s i c t Cr 9. Consideration of Parkine Ticket Ordinance Revision Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2499 AN ORDINANCE of the City of Port Angeles, Washington, increasing penalties for unpaid parking tickets issued prior to July 5, 1987. 1065 CITY COUNCIL MEETING July 5, 1988 Councilman Sargent moved to adopt the Ordinance are read by title. Council- man Stamon seconded and the motion carried unanimously. 10. Consideration of Ordinance Correctine Technical Numberine Error in an Ordinance 2480 Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2500 AN ORDINANCE of the City of Port Angeles, Washington, correcting a technical numbering error in Ordinance No. 2480. Councilman Lemon moved to adopt the Ordinance as read by title. Councilman Stamon seconded and the motion carried. 11. Consideration of Establishine Procedures for Notifvina Public of Upcoming Hearings and Council Meeting Agendas Mayor McPhee read the Resolution by title, entitled RESOLUTION NO. 14 -88 K A RESOLUTION of the City Council of the City of Port Angeles establishing a procedure for notifying the public of upcoming hearings and Council meeting agendas. r—"--;1 1066 CITY COUNCIL MEETING July 5, 1988 13. Consideration of Extension of Olympic Disposal Contract for Recvclina at Landfill Councilman Stamon moved to authorize the Mayor to execute the extended contract agreement. Councilman Sargent seconded and the motion carried unanimously. 14. Consideration of Extension of R. W. Beck Agreement to Include Landfill, Desien Councilman Hallett moved to authorize the Public Works Department to negotiate a scope of work for the design and construction engineering services and fees with R. W. Beck and that such an agreement be returned to Council for final approval. Councilman Stamon seconded. Councilman Sargent offered a friendly amendment to emphasize the use of local contractors to the fullest extent possible. Councilman Hallett concurred. Councilman Gabriel questioned Attorney Knutson as to whether we were within our legal rights to go ahead and award the bid to firms that we presently have a list of on file. Attorney Knutson stated we are within the State laws of such requirements; that we are complying with that statute by selecting R. W. Beck because they are the most qualified firm to do the work. Whenever the City is dealing with engineering and architectural firms, the City has to select the most qualified firm. We cannot select someone just because they are local and we cannot force the most qualified to subcontract with a local firm. We can only encourage them to do so. Analogous to this is when a public works contract or any contract that requires us to go out for bid, we must select the lowest responsible bidder and not select the local firm. The only instance in which we could specifically select a local firm is when we do not have to follow any statutory requirements calling for a bid. Professional services other than architectural and engineering services fall into that category. Following further discussion by Council and staff, the question was called and the motion carried unanimously. It now being after 10:00 P.M., Councilman Sargent moved to continue the agenda. Councilman Lemon seconded and the motion carried unanimously. 15. Consideration of Ordinance Establishing Small Works Roster Procedure, for Contractor and Consultant Work on Small Pro4ects Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2501 AN ORDINANCE of the City of Port Angeles establishing a Small Works Roster,. pursuant to RCW 35.23.252(3). Councilman Hallett moved to adopt the Ordinance as read by title. Council- man Sargent seconded and the motion carried. Councilman Stamon moved to authorize staff to publish the summary of the Ordinance as provided by the City Attorney. Councilman Lemon seconded and 1067 CITY COUNCIL MEETING July 5, 1988 17. Request by Councilmembers Hesla. Hallett and Stamon Reffardine City Council Retreat Councilman Hallett requested Council set aside dates for such a retreat for the first part of August. He spoke in favor of the retreat to be facilitated by Mr. Sumek, a well- recognized facilitator who has been used by the City in the past. Councilman Hesla commented that this will teach the Council to give charge of leadership; that this is furthering that goal and he believed it to be money well spent. Councilman Stamon offered this as an "olive branch" in attempt to put to rest the concept of the "old" Council versus the "new" Council and to give Council the opportunity to find a common objective. Councilman Lemon, as a point of order, stated there was no motion on the floor at this time and offered as a motion to agree with the idea of having a retreat but to not utilize the services of Mr. Sumek. Councilman Gabriel seconded. Councilman Gabriel stated there was some merit to the idea of a retreat; however, he felt the money to be spent for that was unnecessary. Councilman Sargent stated she was willing and anxious to work in harmony, and also agreed the retreat is a good idea, but also not necessary to spend the public money. Mayor McPhee stated there was no need to go outside. The people elected the seven good people; that Council, working with common courtesy, should be able to work well with each other. Council discussed the issue at length. On call for the question, the motion carried, with Councilmen Stamon, Hallett, and Hesla voting "No Mayor McPhee and Councilmen Lemon, Gabriel and Sargent voted "Aye Councilman Stamon moved that Council schedule a retreat for Sunday, July 17, 1988, at 1:00 P.M. in the Council Chambers, and that as a part of that, each member of the Council spend some time reflecting upon his and her perception of the duties of the Council, individual Councilmembers, the Mayor, the City Manager, and City staff. They would then share with each other their individual perceptions, not to be discussed or criticized or agreed or disagreed with, but simply so that each member has a clear understanding of the other members. To then identify those duties which have common acceptance and reach a shared expectation. Councilman Hallett seconded. On call for the question, the motion carried. VIII ITEMS FROM THE AUDIENCE NOT ON THE AGENDA Ralph Stattler, 724 South Chambers Street, addressed the Council on some concerns he had regarding fireworks permitted-thrt?ughout the City. He was especially concerned with the safety hazard regarding "safe and sane" versus illegal firecrackers sold. He provided Council with a number of exploded fireworks that he had found in his yard and on the roof of his house. He believed this to be a very serious problem and recommended Council look into the issue. Movnr MnPkan rnn,,nctaA t-l-»t Mnnnocr Pl nActrnm nrnvi Ac lntinni l jai rh i nfnrmn 1068 CITY COUNCIL MEETING July 5, 1988 XI RETURN TO OPEN SESSION The meeting returned to open session at 11:45 P.M. XII ADJOURNMENT The meeting adjourned at 11:46 P.M. Clerk Mayor