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HomeMy WebLinkAboutMinutes 10/18/2004 5442 CITY COUNCIL SPECIAL MEETING Port Angeles, Washington October 18, 2004 CALL TO ORDER - Mayor Headrick called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 4:00 p.m. ROLL CALL: Members Present: Mayor Headrick, Councilmembers Braun, Pittis, and Rogers. Members Absent: Councilmembers Erickson, Munro, and Williams. Staff Present: Manager Quinn, Attorney Bloor, Clerk Upton, B. Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, and C. Kochanek. Public Present: D. Cristina, P. Lamoureux, M. Schrader, D. Waknitz, L. Jardine, T. Ahlgren, A. Gilson, C. Schramm. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Headrick. ALLEGIANCE: PUBLIC CEREMONIES, None. PRESENTATIONS AND PROCLAMATIONS: WORK SESSION: None. LATE ITEMS TO BE Tyler Ahlgren, 708 Bouchier, distributed copies of a document to the Council, PLACED ON THIS OR responding to commentaries about funding for the transportation project he proposed FUTURE AGENDAS: at an earlier date. The document addressed instances of special appropriated pet projects at the Federal level, totaling $22.9 billion for the past year. Feeling it important to recognize that all states participate in pork, Mr. Ahlgren thought this information may serve as a starting point for funding opportunities. He indicated he has worked on similar projects in the past, one of which was funded by the government in the amount of $230 million. He suggested the initiative process may be a means by which the politicians would understand this is a project sought by the people. Mr. Ahlgren advocated community consensus on the proposal. Mark Schrader, 5534 Mt. Pleasant Road, advised the Council he is a Senior Adult Probation Counselor; he distributed documents to the Council on the matter of a proposal from the District Court to downsize the Probation Department. Mr. Schrader read a letter to the Council explaining the ramifications of such downsizing, urging the Council to initiate a resolution to the County Commissioners stating a position on the matter. Mr. Schrader felt that the City is a major consumer of probation services and, as such, he felt it appropriate for the City to become a collaborative partner in the area of probation supervision and rehabilitation. Mayor Headrick asked that the matter be referred to the Law & Justice Committee for consideration. Paul Lamoureux, 602 Whidby, noted the special Council meeting to be scheduled for -1- 5443 CITY COUNCIL SPECIAL MEETING October 18, 2004 LATE ITEMS TO BE October 28th; he asked the time of the meeting and whether it will be open to the public. PLACED ON THIS OR Finance Director Ziomkowski responded that the meeting will be held at 5:00 p.m., and FUTURE AGENDAS: it will be open to the public. (Cont'd) Mr. Lamoureux expressed appreciation to the Council for its willingness to consider revisions to City Council Agenda Item C. With regard to the public hearing to be scheduled on a Wastewater rate increase, Mr. Lamoureux indicated his neighborhood plans to present a survey of average water usage and to make a recommendation at the public heating. In conjunction with that survey, he asked that the individual Councilmembers review their records for water usage at their personal residences for this year and last year to determine average monthly usage. He felt that information would be relevant to the forthcoming recommendation. In addition, Mr. Lamoureux asked that the Council instruct staffto prepare a report as to water usage on the part of City facilities, a cost that is shared by all utility customers. He asked that the report contain information for the past three years, that it be provided to the Council prior to the public hearing, and that it be provided to Mr. Lamoureux so that it can be incorporated into the recommendation he will be presenting. FINANCE: None. CONSENT AGENDA: Councilmember Braun moved to accept the Consent Agenda, to include: 1 .) City Council Minutes of October 5, 2004; 2.) Expenditure Approval List- October 9, 2004 - $615,594.01 3.) Electronic Payment - October 9, 2004 - $2,185,964.00; 4.) Electric Rebuild"F" Street Substation, Project No. 01-28; 5.) Set Special Council meeting date for October 28, 2004, 5:00 p.m., to discuss the 2005 Preliminary Budget; 6.) Co- Composting Facility, Project 04-06. Councilmember Rogers seconded the motion, which carried unanimously. CITY COUNCIL None. COMMITTEE REPORTS: RESOLUTIONS: 1. Resolution Amending Council Rules of Procedure: Resolution Amending As a follow-up to the Council's discussion at its last meeting, Attorney Bloor prepared CouncilRulesofProcedure a Resolution mending the City Council Rules of Procedure, incorporating the Resolution No. 17-04 suggested changes relative to public comment and the placement of late items on the agenda. Following brief discussion, Councilmember Pittis moved to pass the Resolution as presented, the title of which was read by Mayor Headrick, as follows: RESOLUTION NO. 17-04 A RESOLUTION of the City Council of the City of Port Angeles, Washington, revising the Council's Rules of Procedure by changing Section 7 and 8 relating to the public comment period and the addition of late items to be placed on the agenda. Councilmember Rogers seconded the motion, which carried unanimously. ORDINANCES NOT 1. Presentation of Proposed New Animal Control Ordinance: REQUIRING PUBLIC HEARINGS: Police Chief Riepe introduced the proposed Animal Control Ordinance, noting that work on the Ordinance involved a great deal of community participation. Via news Presentation of Proposed releases, the public has been invited to provide input regarding the draft Ordinance. New Animal Control Chief Riepe introduced those present this evening who worked on the Ordinance: Dr. Ordinance Chuck Schramm and Dr. Dwight Waknitz, area Veterinarians; resident Ann Gilson; -2- CITY COLrNCIL SPECIAL MEETING 5444 October 18, 2004 ORDINANCES NOT Joe Girard, Chairman of the Law Enforcement Advisory Board; and Paula Creasey, REQUIRING PUBLIC Executive Director of the Humane Society. Chief Riepe noted the City's interest in HEARINGS: intergovernmental partnerships for economies of scale and, to that end, the City (Cont'd) attempted to write an Ordinance that is harmonious with the County's regulations. Presentation of Proposed The new Ordinance addresses hunting in the City, as well as inherently dangerous New Animal Control animals. In addition, ChiefRiepe indicated that Assistant City Attorney Dickson has Ordinance (Cont'd) spent a great deal of time prosecuting these cases as misdemeanors. The new Ordinance would commence action against offenders in the form of an infraction and would then work up to a misdemeanor crime. The new Ordinance would make the pet licensing process much smoother, and Chief Riepe indicated that one of the Councilmembers had suggested a lifetime license for a dog or cat, something that was incorporated into the Ordinance. Also, consideration had been given to an off-leash control area; however, it was agreed that issue should be addressed at a later date. The licensing of kennels and catteries will be moved to Business License regulations, and fees and penalties will be moved to Chapter 3.70 of the Port Angeles Municipal Code. Attorney Bloor indicated the Ordinance is in draft form in comparison to what will be presented to the Council for adoption. He felt it important to note there was a great deal of work and discussion as to the details. Councilmember Williams, who is currently out of town, had contacted Attorney Bloor with a number of questions, all of which serve as examples of those issues deserving further thought before adoption. Attorney Bloor cited the example of the definition of a leash in that it is a 6-foot tether, which would do away with the often used retractable spring loaded leashes. Attorney Bloor offered to provide Councilmember Williams' input in written form to the Council. He noted that Assistant Attorney Dickson spent many hours reviewing the Ordinance from a legal perspective, and the Legal Department is satisfied with the Ordinance. Brief discussion ensued, and Councilmember Braun noted the Ordinance had been reviewedby the Public Health and Safety Committee; he was pleased with the resulting Ordinance, as it will add a safety factor to the community. He thanked ChiefRiepe for his efforts. Dwight Waknitz, 222 W. 10th Street, urged the Council's positive consideration of the Ordinance. Sharing a story about his mother-in-law's concern with a potentially dangerous dog in her neighborhood, he felt that implementation of the Ordinance would make it easier to deal with such situations. Dr. Waknitz spoke in support of a City/County partnership in order to make animal control less expensive. Ann Gilson, 111 Olympus, and Chair of the County's Animal Issues Advisory Committee, assisted with the revisions to the Animal Control Ordinance. She felt it is timely for the City and County regulations to have congruence. Ms. Gilson noted that a great deal of effort went into the draft Ordinance, and she asked the Council to favorably consider adoption. Paula Creasey, 165 Howe Road, Executive Director of the Clallam County Humane Society, indicated the Humane Society has contracted with the County for animal control services. She indicated she would like to work with the City in the implementation of the Ordinance, and she felt it worthwhile for the City and County to adopt similar fees from a licensing perspective. Dr. Chuck Schramm, 290 E. 1st Street, provided a historical perspective of the efforts put into the new Ordinance, noting effortscommenced approximately five years ago. He commented on the importance of taking certain animal control issues out of the Zoning Code and appropriately placing them in the new Ordinance. Joe Girard, Chairman of the City's Law Enforcement Advisory Board, informed the -3- 5445 CITY COUNCIL SPECIAL MEETING October 18, 2004 ORDINANCES NOT Council that the Advisory Board started a review of the draft Ordinance approximately REQUIRING PUBLIC one year ago. The Board believes the Ordinance is important to the City and is HEARINGS: recommending the Council's adoption. (Cont'd) Discussion followed, and CouncilmemberRogers observed that the one-time licensing Presentation of Proposed fee for unspayed and non-neutered animals would not apply to those animals used for New Animal Control breeding purposes. She also noted that the lifetime license would only apply to those Ordinance (Cont'd) animals that have been microchipped. Councilmember Pittis asked if the City fees will be similar to the County's, and Chief Riepe responded the fees will be identical with the exception that the County has not offered a lifetime license. Mayor Headrick indicated the matter will be continued to the next Council meeting, and Chief Riepe indicated he would do another presentation for those Councilmembers unable to attend this evening's meeting. Presentation of Proposed 2. Presentation of Proposed New Motor Scooter Ordinance: New Motor Scooter Ordinance ChiefRiepe, in presenting the proposed Ordinance for regulating motorized scooters, indicated the public has been invited to provide input. The Ordinance was promulgated as a joint effort between the Police Department and the City Attorney's Office. Citing one day in Police Dispatch, ChiefRiepe summarized a number of calls received where motorized scooters were creating dangerous situations. He indicated the research shows that motorized scooters are an escalating phenomenon, and he read from a recent publication of the Municipal Research & Services Center, indicating an increase in the number of injuries sustained due to the scooters. Because many cities throughout Washington and other states are adopting similar Ordinances, Chief Riepe informed the Council that those Ordinances were reviewed during consideration of Ordinance language for Port Angeles. State law prohibits a requirement for licensing scooter operators, but it does allow the operation of scooters on City streets. However, the City is permitted to regulate the use of scooters. It is, therefore, recommended that operators be 16 years of age or older; that it be unlawful to operate a motorized foot scooter on any City street with a maximum speed limit above 25 miles per hour; that it be unlawfial to operate motorized foot scooters on a sidewalk, path, trail, or in a park; that operators must wear a helmet while riding on a City street; that motorized foot scooters must have mufflers in good working order; and that parents who knowingly permit a child or ward to violate the Ordinance may be subject to citation. Attorney Bloor indicated that the problem with motorized foot scooters seemed to arise this past summer, as many cities were suddenly inundated with complaints. Most cities are considering the regulation of such scooters, and what is being proposed is consistent with those already in place in other cities. This topic was discussed at a recent meeting of the Municipal Attorneys Conference, and the issue of enforcement was of particular interest at that time. Port Angeles decided to include a parental responsibility clause in the Ordinance, as confiscation of the scooters would involve a lot of auxiliary issues and an administrative burden would be placed on the Police Department. ChiefRiepe indicated the Police Department would like to have a positive interaction with the public, and a stem warning accompanied by public education can go a long way in addressing the matter. Discussion ensued, and Councilmember Braun questioned the ability of homeowner's insurance to provide coverage for damage incurred. In addition, Councilmember Rogers indicated that many of the complaints she has received focus on the noise created by the scooters. Responding to Mayor Headrick, Chief Riepe indicated the operators of the scooters are obligated to obey the roles of the road. In addition, Chief Riepe noted the difficulty in forfeiting the scooters in that officers would have to place the gasoline powered scooters in the trunk of the police vehicles. Storage would also create a problem. -4- CITY COUNCIL SPECIAL MEETING 5446 October 18, 2004 Presentation of Proposed Lisbeth Jardine, 401 E. 5th Street, #102, expressed appreciation that the Council is New Motor Scooter considering the regulation of the scooters. She indicated that, over a period of time, she Ordinance (Cont'd) has contacted Councilmembers and staff on the matter of bikers wearing dark colors and not wearing helmets. She was also concerned with the number of people in a group using the foot scooters. Ms. Jardine questioned the definition of a scooter in view of the different types being used; however, ChiefRiepe indicated the City's definition has been written in accordance with the RCWs. Ms. Jardine thanked Chief Riepe for responding to her concerns. Joe Girard, Chairman of the Law Enforcement Advisory Board, indicated the Board believes the motorized scooters are a rapidly developing issue with safety concerns worthy of the Council's consideration. The Board reviewed the proposed Ordinance and recommends the Council adopt the Ordinance as presented. Mayor Headrick indicated the matter will be continued to the next Council meeting. OTHER 1. Skate Park Final Design: CONSIDERATIONS: Parks Director Connelly, aided by PowerPoint slides, provided for the Council a review Skate Park Final Design of past efforts in seeing the Skate Park come to fruition. The northeast corner of Erickson Park was approved as the location, and it is anticipated that the Skate Park can open in May of 2005. The Parks Commission approved the design, which is now being forwarded to the Council for consideration. Steve Zenovic, Nor'wester Rotary, addressed the Council on the proposed design. Using PowerPoint slides, he described the design, noting the effort to make the Skate Park an integrated part of the community facilities. The design, a work product of Hank Gibson, was described in detail by Mr. Zenovic. It is hoped that work can commence as of April 1, 2005. Mr. Zenovic indicated there is $60,000 - $70,000 available now for the project, but $120,000 has been committed. Brief discussion ensued. Councilmember Rogers moved to approve the final design as presented. Councilmember Pittis seconded the motion, which carried unanimously. Director Connelly thanked all those involved in making this project a success. Responding to an inquiry from Councilmember Rogers, he indicated the desire to have the Skate Park serve as a family experience. A concession type of operation will be implemented to support the skaters, but also to have a presence while the park is open. Surplus Park Property 2. Surplus Park Property: Resolution No. 18-04 Aided by PowerPoint slides, Director Connelly summarized a review conducted by Council and staff of the Capital Facilities Plan, wherein it became evident that, throughout the Parks system, there are issues related to infrastructure needing repair, attention, and addition. It was realized that resources are limited to accomplish those improvements. Director Connelly indicated it has been quite some time since the entire Parks system has been reviewed to determine if it is meeting community needs. Following extensive review, it was concluded that there are only two parks at this time that fit the criteria and rationale for considering any properties for surplus: Georgiana Park and 7th & "D" Park. Director Connelly noted that a good example of a project in the CFP that needs resource funding is Shane Park, which is heavily utilized for children's activities, as well as tournaments. If these two parks can be surplused, then Director Connelly felt the majority of funding gained would enable the Shane Park facility to sustain those activities into the foreseeable future. He indicated that each neighborhood park has a service area that applies to the notion it should be within walking distance or within one-third of a mile. He noted there are presently nine neighborhood parks, plus larger community parks. Some of those community parks 5447 CITY COUNCIL SPECIAL MEETING October 18, 2004 Surplus Park Property provide the neighborhood level of service. He indicated that the research included a (Cont'd) review of Parks inventory, as well as an analysis of maintenance costs and any constraints in terms of deed restrictions on the properties. Director Connelly noted that some property may have been donated for an express purpose, or there may be some perceptive constraints ifa particular park property was named after an individual, thus making it difficult to consider the property for surplus. All of these issues factored into the consideration. Director Connelly discussed size and the need to make sure activities don't conflict with one another. This issue was reviewed by both the Parks & Recreation Commission, as well as the Real Estate Committee. Director Connelly showed a map depicting existing levels of service and the fact there are some possibilities for other parks in the west end. He felt that, if these two parks were taken out of service, there would virtually be no change, but the need for capital resources would be realized. Discussion followed, and Director Connelly responded to Councilmember Pittis in that Lincoln Park, Erickson Park, and Shane Park serve a larger geographical area and are considered neighborhood parks. Councilmember Rogers felt this would be a positive effort by serving the community from an enhanced position. Citing the additions of Francis Street Park and the extended Waterfront Trail, she felt this matter should be addressed positively with an assurance that parks are balanced throughout the City. Councilmember Rogers did not see a review by the Parks Commission, and Director Connelly indicated they reviewed it but did not forward a recommendation. Mayor Headrick read the Resolution by title, entitled RESOLUTION NO. 18-04 A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a hearing on November 1, 2004, to consider declaring surplus certain Parks & Recreation Department properties. Councilmember Braun moved to pass the Resolution as read by title. The motion was seconded by Councilmember Pittis and carried unanimously. Councilmember Pittis expressed interest in having a review conducted by the Parks Board members, with input to follow. Waste Water Rate Changes 3. Waste Water Rate Changes - Set Public Hearing, November 16 Set Rate: Resolution No. 19-04 Counciimember Pittis moved to pass the Resolution, the title of which is set forth below, setting a public hearing for November 1, 2004, to receive comments on the proposed rate increase for the Wastewater Utility. Councilmember Rogers seconded the motion. RESOLUTION NO. 19-04 A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a hearing on November 1, 2004, to consider the financial aspects of the Combined Sewer Overflow (CSO) Reduction Plan. A vote was taken on the motion, which carried unanimously. PUBLIC HEARINGS - None. QUASI-JUDICIAL: PUBLIC HEARINGS - None. OTHER: -6- CITY COUNCIL SPECIAL MEETING 5448 October 18, 2004 INFORMATION: Manager Quinn referenced the memorandum on the Roof Drain Disconnection Ordinance, noting that a report is being prepared by Brown & Caldwell. Preliminary conclusions are such that future programs may not be cost effective. He mentioned the CSO status report, as well as the report from the Humane Society. Brief discussion was conducted on the report from Public Works & Utilities as relates to the Landfill tonnage. EXECUTIVE SESSION: Mayor Headrick announced the need for an Executive Session for 45 minutes for one item subject to RCW 42.30.110(g): To review the performance of a public employee. The Executive Session convened at 5:35 p.m. in the City Council Caucus Room. RETURN TO OPEN The Executive Session concluded at 6:20 p.m., and the Council reconvened in regular SESSION: open session. ADJOURNMENT: The meeting was adjo,,umed at 6:20 p.m. C~ I) ~~~~ ~~R]chard A~N~~'~adrick,Mayor" - ' Be'~ky J. Upt~ ~ityC~le'rk I---- -7-