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HomeMy WebLinkAboutMinutes 08/02/1988CITY COUNCIL MEETING Port Angeles, Washington August 2, 1988 1085 I CALL TO ORDER Mayor McPhee called the meeting to order at 7:00 P.M. II ROLL CALL Members Present: Mayor McPhee, Councilmen Gabriel, Hesla, Lemon, Sargent Stamon. Members Absent: Councilman Hallett. Staff Present: Manager Flodstrom, Acting Attorney Kelly, Clerk Maike, P. Carr, M. Cleland, R. Orton, J. Hicks, B. Becker, K. Ridout, D. Wolfe, A. Vernon, B. Beverford, J. Kaverly, T. Funston, R. Bemis, C. Kenworthy, D. Warner, B. Coons. Public Present: M. Wiktor, L. Fuller, T. Gray, M. Merrick, J. Jones, D. Brewer, E. Hansen, L. Beil, D. Jackson, Mr. Mrs. C. Alexander, F. Kautz, D. Schulz, C. Antolock, W. L. Adams, M. Hansen, R. L. Roebuck, L. Lee, V. French, E. G. Marrs, R. Gruver, P. Burson, K. Wright, V. Hilt, H. Goveditt, C. M. McDaniel, J. J. Chiarson, M. Cavett, R. French. III PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Darcy Allen's Fifth Grade Campfire Adventure Group TALOFF. Members, Trisha Allen, Tarynn Kreider, Sarah O'Sullivan, Cyndi Groshong. IV APPROVAL OF MINUTES OF SPECIAL MEETING OF JULY 17, 1988, AND REGULAR MEETING OF JULY 19, 1988 COunci] man Sargent moved to accept and place on file the minutes of the July 17, 1988, special City Council meeting. Councilman Gabriel seconded and the motion carried. Councilman Sargent moved to accept and place on file the minutes of the July 19, 1988, regular City Council meeting. Councilman Gabriel seconded. Councilman Lemon, offering a correction to page 14, Item 15, second paragraph, removing "Real Estate Committee" and replacing it with "City Council tapes" so the sentence would read: "Councilman Lemon requested the tapes of the City Council meeting be looked at regarding the conditions set forth on the street vacation." On call for the question, the motion carried. V FINANCE None. VI CONSENT AGENDA Or rir-i 1 man 1 mnn myna fn arrlprii- the items 1 i sted under the Consent Aaer da 1086 CITY COUNCIL MEETING August 2, 1988 told that the officer has not made a report. Also he has made an appoint- ment with the Chief of Police and the appointment was not placed on the Chief's calendar. He questioned why there was nothing done about com- plaints he has logged. Manager Flodstrom requested Mr. Fuller come to see him the next morning and provide him with dates, times and specifics, and he would work with Mr. Fuller on this issue. VIII LEGISLATION 1. Presentation to Olympic Junior Babe Ruth 15 -Year Old All -Star Team Mayor McPhee presented a Certificate of Recognition to the 15 -Year Old All Star Team, Olympic Junior Babe Ruth League, North Washington State champions for 1988. He commended the team as well as the coaches for their outstand- ing sportsmanship and extended, on behalf of the City Council and the citizens, an expression of our pride and appreciation for the accomplish- ment. The Certificate was given to coaches Dan Radich and Rick Dearinger, Manager Tom Gray and players Eric Phillips, Yung Potts, Carl Holden, Ryan Stevens, Josh Gardner, Rob Haggerty, Brett Doyle, Scott Sidwell, Gary Miller, Sean Moore, Robert Holman, Tim Gray, Paul Pemberton, Greg Massey and Tait Gray. 2. Presentation of the Yard of the Month Awards Mayor McPhee presented the awards for the August Yard of the Month to Floyd and Anita Kautz, Clarence and Wanda Bear, Miles and Maria Wiktor, Don and Phyllis Thompson, Gordon and Jane Matthews. 3. Public Hearings A. Fireworks Concerns Mayor McPhee opened the public hearing at 7:15 P.M. Rex Gerberding, 539 West 11th Street, briefly shared his views of fireworks. He felt fireworks were out of control. He stated the fire hazards were extreme, especially with high grass, as well as the mental distress which detracts from the Fourth of July holiday. He felt at the very least there should be a very strong effort to limit fireworks to the Fourth of July, stating his personal opinion would be to ban them within the City and to have a very good public display or designated area in which people could set off fireworks. Marvin Merrick, 615 West Eighth Street, stated he has been setting off safe and sane fireworks in his back yard for years, and in his opinion, he did not believe them to be safe. He felt the law which is currently in force, is very dangerous. Jack LaRue, 130 Viewcrest, stated he enjoys fireworks and this is one day a year in which he can declare his own independence.'He asked Acting Attorney Kelly what the current State laws are regarding fireworks. Attorney Kelly stated the present State law regulates the types of fire- works to be sold and used, yet limits the time and dates on which those can be sold and used, those dates being June 28th through July 6th, during the hours of 9 AM to 11 PM. State law does contemplate that local jurisdic- 1087 CITY COUNCIL MEETING August 2, 1988 responsible for youngsters being around fireworks stands or the setting off of fireworks. He also stated public education should be promoted. Beatrice Flateau, 901 Eckard Place, stated she believed in everyone having their enjoyment on holidays; however, she was concerned with this past year, when neighboring parties of people shot fireworks off well past midnight and she had to get up at 5:30 AM in order to report for work on time. Her main concern was fireworks which were going over into the National Park boundaries and the possibility of fires in the forest. Mr. Merrick again addressed the Council, suggesting Council put money into a public display, as he felt it would not cost the City any more to put money into a display than for firemen to respond to the fires during the Fourth of July holiday. He felt this would be cost effective to the City to provide the public with a display; therefore, the number of people setting off fireworks would decrease. Robert Roebuck, 2111 West 16th Street, felt it was a case of enforcement and he was in favor of a neighbor being able to turn in another neighbor if they are shooting fireworks which are endangering your property. Carl Alexander, 1712 West Fifth Street, stated he could take fireworks or leave them; however, he suggested designating certain areas of the City, such as Lincoln Park, Civic Field and Ediz Hook as areas where people could discharge fireworks legitimately, having the appropriate Department super- vise. He also suggested local organizations do other activities on the Fourth, such as community picnics, baseball games, etc., to give people alternatives to setting off fireworks. He liked the idea of donating money to the Chamber cause and suggested the City match funds raised by the Chamber for a public display. He was opposed to the City totally funding a public fireworks display. Erl Hansen, Director of the Chamber of Commerce, 121 East Railroad Avenue, pointed out to Council that the Chamber is in the process of raising funds for a public fireworks display and they are very confident that a display will occur. Further, they do not feel that matching funds are necessary, as they have several organizations as well as individuals, who have volun- teered to donate time and money. Marion Cavett, 810 South Eunice Street, complimented the marvelous people who shot off fireworks along the bluff. However, she stated when she was living in south Texas, fireworks were not allowed in Corpus Christi; that people had to go to the beach, which people did and enjoyed. She stated the City has a stretch of water and it should be used. Larry Leonard, 1030 Olympus Avenue, stated the problem with the ordinance is enforcement. He asked Chief Cleland how many officers were on patrol during the Fourth of July holiday. Chief Cleland responded there were four patrolmen on duty. Mr. Leonard stated Council could do whatever they wanted with an ordinance, but unless the enforcement was there, it would be in vain. He thought the idea of having designated areas held some merit, but some places may cause more problems than it solves. As far as restrict- ing the type of legal fireworks within the City limits, that issue was already addressed in the present ordinance; however, it does not stop people from going to the reservations to purchase those illegal fireworks. He stated education is the only thing which will help the problem. 71,,,,-o h,m4.,m ,n nnhlir rnmmPnt Mayor McPhee closed the public 1088 CITY COUNCIL MEETING August 2, 1988 Councilman Stamon stated the big issue seems to be enforcement. The State law already prohibits some types of fireworks and the problem, in part, is educating our fire and police personnel so they can look at a particular firework and be able to identify immediately whether it is legal or illegal, and if it is not legal, then they would have the power to confiscate the firework. She also suggested looking at a way to step up the enforcement abilities and capabilities, first of all through education of our police and firemen, and also funding for extra enforcement. She also spoke in support of Councilman Lemon's suggestions. Councilman Gabriel commented he would not be in favor of restricting any individual family or children from lighting whatever they chose to in front of their house, except for the aerial fireworks, which he felt was the main concern, as they endangered not only their own children but other people in the neighborhood. He felt if there were to be designated areas, they should be for aerial types of fireworks. Councilman Stamon replied the problem we would run into with designating areas for aerial fireworks is looking the other way with respect to State laws. If we designate areas for illegally discharging fireworks, we may be setting ourselves up for condoning an illegal act. She cautioned Council to think very carefully about that issue. Mayor McPhee, directing a question to the City Attorney, asked if it was illegal to possess certain types of fireworks. Attorney Kelly responded yes, it was. Mayor McPhee asked if it was possible to deputize people for a week. Attorney Kelly stated she was not comfortable with that idea. Mayor McPhee stated his understanding of our current law is that a commissioned officer must see an incident occur before the police can pursue it. Chief Cleland explained that the scenario usually starts with a call to the Police Department. A marked unit responds to the house, and once the people see the police officer approaching, the fireworks are no where to be found. The problem lies in developing probable cause to reach the point where the Department can go onto private property and start, in effect, searching for illegal fireworks. In addition to developing probable cause, there is the time constraints involved in investigating cases such as those. Mayor McPhee questioned Chief Cleland as to whether the Reserve Police Officers were used during the Fourth and if, for example, the Council decided to limit the length of time fireworks were permitted, could the Department use the Reserves productively as far as the policing of the activity. Chief Cleland responded the Department could use them; however, only time would tell as to how productive that would be. Councilman Sargent asked for clarification from Attorney Kelly regarding the State law, which states, in part, that any rules the Council adopts which are more restrictive than State laws as to the type of fireworks, can be effective no sooner than one year after adoption. Therefore, if Council was to legislate anything as far as the type of fireworks permitted, it would not go into effect for the 1989 Fourth of July. She asked if this was correct. Attorney Kelly stated it was. Councilman Sargent spoke in support of the public display, as she believed this would minimize the amount of activity in neighborhoods. She approved of the idea of designated areas, and the restriction of time. Mayor McPhee questioned Attorney Kelly whether children were allowed to use fireworks. Attorney Kelly responded she believed there was a restriction on Councilman Sargent added the arrangement of public transportation. Mayor McPhee opened the public hearing. 1089 CITY COUNCIL MEETING August 2, 1988 Mayor McPhee, on speaking to the issue of a controlled area, asked Council if they felt it was sufficient to designate Ediz Hook. Councilman Sargent replied she liked the idea of Ediz Hook but wondered whether there would be enough area to accommodate the people, stating there would be traffic problems. She felt anywhere along the waterfront would be a good idea, but hesitated with using the City parks. Fire Marshal Becker was not in favor of using parks, but rather, a secured area in which they could guarantee water would be surrounding the area. Councilman Stamon pointed out that another issue with designated areas is the problem of litter and who would be responsible for the clean -up. She suggested using the Transit System to transport people out to the Hook every 15 to 30 minutes, which would go a great way toward alleviating the traffic problems on the Hook. Councilman Stamon stated that instead of trying to pick out individual elements, the Council should look at the issue as a whole and to clearly define for staff what Council wants for consideration; i.e., a public display; use of the Hook as a designated area for the discharge of fire- works; education programs with respect to intelligence and common sense when using fireworks, not only for small children but also for adults; increasing the ability to enforce the already existing State laws; and narrowing the time frame for display of fireworks and sales. This was considered as informational only. F` r `f; /f r L B. Consideration of Resolution for Abatement of Overgrown Lots and Public Nuisances Mayor McPhee read the question for the public's information: Should certain properties within the City of Port Angeles with an accumulation of litter and /or overgrown be declared a public nuisance and abatement be ordered in accordance with Chapter 8.04 of the Port Angeles Municipal Code. Councilman Stamon, as a point of order, stated the question before the Council is specifically the lots that are provided in the exhibit and not all lots within the City. Leonard Fuller, 420 East 11th Street, stated he had received a letter declaring his yard a public nuisance. He stated he has been working on his yard and requested the Council and his neighbors give him time to finish what he has started. Mayor McPhee asked Acting Public Works Director Ridout if there was evidence there is no longer a fire hazard and a public nuisance at 420 East 11th Street. Director Ridout replied, as of the inspection done that day, there had been little or no change. Ruth Dorr, 416 East 11th Street, Mr. Fuller's neighbor, stated Mr. Fuller had been busy in the past several days, but it was not with cleaning up, but rather pulling more junk out into the yard. She spoke for the surrounding neighbors as well as herself, saying they are not able to do anything with their own properties because of Mr. Fuller's lot. She stated if he put one third of the energy into constructing instead of destructing, then he would have one of the nicest yards on the block. 1090 CITY COUNCIL MEETING August 2, 1988 RESOLUTION NO. 20 -88 A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring the existence of a public nuisance and requiring the elimination of such nuisance. Councilman Sargent moved to pass the Resolution as read by title. Coun- cilman Hesla seconded and the motion carried unanimously. 4. Planning Commission Minutes of July 27. 1988 Councilman Stamon moved to accept and place on file the Planning Commission minutes of July 27, 1988. Councilman Lemon seconded and the motion carried unanimously. 5. Designation of City Council Representative to PTBA to Review Composition of Governing Body of the PTBA Councilman Stamon moved to appoint Councilman Gabriel as Council's repre- sentative to the Public Transportation Benefit Area. Councilman Lemon seconded and the motion carried unanimously. 6. Request for Funds for Downtown Walking Tour Brochure from Port Angeles Downtown Association Councilman Gabriel stepped down in the appearance of fairness and left the room at 8:20 PM. Councilman Sargent moved that the City authorize the cost of printing 10,000 reprints of the walking tour brochure in the amount of $846.23. Councilman Stamon seconded. Councilman Sargent added to the motion, from the Hotel/ Motel Tax. Councilman Stamon concurred. Councilman Sargent stated this was a very fine brochure. Erl Hansen, Port Angeles Chamber of Commerce Director, stated the Chamber not only urges the Council to fund this, but thinks the Council would be making a mistake by authorizing reprints of only 10,000, and suggested printing 20,000. Margo Hansen, Port Angeles Downtown Association, gave Council the figure for 20,000 brochures. The total cost would be $1,378. Attorney Kelly suggested Council change the form of the motion to state the Council purchase the brochures and to have them available to be handed out to the offices of the organization, rather than being a gift of funds directly for that purpose, or that it be through the mechanism of a con- tract for the reprint of the brochure. Councilman Sargent then restated her motion, to authorize funds for the printing of 20,000 brochures in the amount Councilman Stamon seconded and the motion carried unanimously. /•f r rt /s z_.,,- c /7)c c 7. Reauest for UAC Meeting to Discuss Telecable Pole Rental Agreement and PCB Consultant Contract A meeting date for the UAC was set for August 11th at 4:30 PM in the Caucus 1091 CITY COUNCIL MEETING August 2, 1988 9. Consideration of Setting a Public Hearing to Receive Public Input Prior to Development of Preliminary Budget Councilman Sargent moved to set a public hearing for August 16, 1988. Councilman Stamon seconded and the motion carried. 10. Consideration of Acceptance of Letter of Resignation from Parks Board from Larry Frederick Councilman Stamon moved to regretfully accept the resignation of Mr. Frederick and instructed staff to prepare the appropriate letters for the Mayor's signature. Councilman Sargent seconded and the motion carried. Council then set a special meeting for August 16, 1988, at 6:45 PM for the purpose of interviewing an applicant for the Parks Board. 11. Proclamation Disabled American Veterans' Forget -Me -Not Week August 23rd through September 3. 1988 Mayor McPhee proclaimed the week of August 23rd through September 3, 1988, as Disabled American Veterans' Forget -Me -Not Week in Port Angeles and urged the support of all citizens and organizations for that week. 12. Consideration of Renewal of Fish Spawning Survey Contract Morse Creek Councilman Stamon moved to concur with the recommendation of the Light Department and to authorize the Mayor to sign the personal services contract attached for one year for the Morse Creek salmon and steelhead spawning surveys. Councilman Hesla seconded and the motion carried. BREAK Mayor McPhee recessed the meeting for a 15- minute break at 8:35 P.M. IX ITEMS FROM THE AUDIENCE Chris Antolock, 3317 McDougal, spoke in opposition to a proposed LID on McDougal Street. In his opinion, widening of the road at the bottom of McDougal will increase the traffic as well as the speed of that traffic, which, in turn, would cause an increase in the danger to children who must walk to the bottom of the road to catch the bus, or travel up and down the road on their bicycles. Councilman Stamon noted for Mr. Antolock that prior to the formation of an LID there will be a public hearing and at that time he will be more than welcome to come back and express his feelings, if and when that public hearing is held. X CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS Councilman Hesla regretfully and respectfully submitted his resignation to the Council and public, as he would be relocating northern California to be with both his and his wife's families. He stated he was very grateful to the citizens for allowing him to serve them and he has the most respect for the people of the City. Mayor McPhee stated he was sorry to see Councilman Hesla leave, and Councilmen Sargent and Gabriel wished him the best of luck. Councilman Sargent, in speaking in reference to Item 9 on the Information P.nnmmcnrlati nnc from tha P anvr.l i iiv rnmmi t_tPP 1092 CITY COUNCIL MEETING August 2, 1988 Councilman Lemon, in speaking to the letter sent to Paul Cronauer, Item 3 on the Information Agenda, regarding the retaining wall and hillside repair, requested a chronological order of memos, permits, etc., that have been issued on this project. Mayor McPhee reminded the Council that staff has requested them to be thinking about the final goals and purposes of the revolving loan program. Council and staff discussed the procedure to fill a vacancy on the Council. Mayor McPhee asked for a consensus to direct the City Manager to prepare an ad soliciting applications for a period of two weeks. Councilman Stamon was against setting a two -week period, as this is summer and people are apt to be away and perhaps Council should consider allowing a longer period of time. She wanted to ensure that no one would be removed from the ability to apply. Mayor McPhee felt comfortable with the two -week period, stating two weeks should be enough time for people to come forward and apply. He stated he would like to see the ads cut off two weeks from this date so Council would know at the August 16th Council meeting who the applicants are; that would ensure them enough time to do the interviews. Councilman Stamon offered a compromise, to run the ad through the 19th of August. Councilman Stamon moved to accept applications from August 3rd through August 19th. The motion died for lack of a second. Councilman Lemon moved to start advertising, have the applications put on the August 16th City Council meeting, and have that the final date for accepting applications. The motion died for lack of a second. Councilman Sargent moved to start advertising immediately, August 5th through August 19th. Councilman Stamon seconded. Following further discussion, the question was called and the motion carried with Councilmen Stamon, Sargent and Gabriel voting "Aye" and Councilman Lemon and Mayor McPhee voting "No Councilman Hesla abstained on an appearance of fairness. XI ADJOURN TO EXECUTIVE SESSION Mayor McPhee adjourned the meeting to executive session at 9:18 PM to discuss pending litigation, labor negotiations, and one item of personnel. XII RETURN TO OPEN SESSION The meeting returned to open session at 10:46 PM. XIII ADJOURNMENT The meeting adjourned at 10:47 PM. Mayor 1