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HomeMy WebLinkAboutMinutes 02/17/2015 CITY COUNCIL MEETING Port Angeles, Washington February 17, 2015 CALL TO ORDER SPECIAL MEETING: Mayor Di Guilio called the special meeting of the Port Angeles City Council to order at 5:00 p.m. Councilmembers Present: Mayor Di Guilio, Deputy Mayor Downie, Councilmembers Bruch, Collins, Gase, Kidd and Whetham. Members Absent: None. Staff Present: City Manager McKeen,Attorney Bloor,Clerk Veneklasen,C.Fulton,N. West. EXECUTIVE SESSION: Based on input from Attorney Bloor, Mayor Di Guilio announced the need for an Executive Session, under the authority of RCW 42.30.110(1)(i) for the purpose of discussing potential litigation with legal counsel, for approximately 45 minutes. The Executive Session convened at 5:02 p.m. RETURN TO OPEN SESSION: The Executive Session concluded at 5:50 p.m.No action was taken. ADJOURNMENT: Mayor Di Guilio adjourned the Special Meeting at 5:51 p.m. CALL TO ORDER-REGULAR MEETING: Mayor Di Guilio called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. ROLL CALL: Members Present: Mayor Di Guilio, Deputy Mayor Downie, Councilmembers Bruch, Collins, Gase, Kidd and Whetham. Members Absent: None. Staff Present: City Manager McKeen, Attorney Bloor, Clerk Veneklasen, T. Nevaril, C. Fulton, N. West, T. Gallagher,K. Dubuc,and C.Delikat PLEDGE OF ALLEGIANCE: Mayor Di Guilio led the Pledge of Allegiance to the Flag PUBLIC COMMENT: None. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS as determined by City Manager or Councilmember - Council requested discussion regarding a summer water shortage be added to a future agenda. CONSENT AGENDA: At the request of Councilmember Whetham, the Combined Sewer Oneiflow ('CSO)Phase H, Project WWI]0-2008 Archaeological Monitoring Services item was pulled from the consent agenda. Council discussion followed. PORT ANGELES CITY COUNCIL MEETING—February 17, 2015 It was moved by Gase and seconded by Downie to approve the Consent Agenda to include: 1. City Council Minutes:February 3, 2015 2. Expenditure report : 112412015 to 2/6/2015 for$4,140,782.87 3. Olympic Peninsula Tourism Commission Annual Agreement 4. Urban Forestry Agreement with Department of Natural Resources Motion carried 7-0. Combined Sewer Overflow(CSO)Phase II,Project WW10-2008,Archaeological Monitoring Services. Council asked questions relating to this item. Discussion followed. It was moved by Whetham and seconded by Kidd to: Approve and authorize the Human Resources Manager to sign a contract with Express Personnel Services for a Temporary Archaeologist,for a total contract amount not to exceed$40,000. Motion carried 7-0. PUBLIC HEARINGS—OTHER: 1. Proposed Ordinance to Ban Fireworks Fire Chief Ken Dubuc informed Council that a group of concerned citizens has requested that the City Council enact a ban on the sale and discharge of fireworks within City limits. Per Council direction,staff drafted an ordinance banning the sale and discharge of fireworks within the City. Mayor Di Guilio opened the Public Hearing at 6:23 p.m. Suzanne Hadley, 603 Milwaukee Drive, spoke in favor of a fireworks ban. She said an ordinance to ban fireworks will only be as effective as enforcement and public education. She said city-wide celebrations are extremely important and provide a venue where professionals handle the fireworks and all citizens can come together to celebrate the birth of the nation. Cindy Turney, 530 West 8°i Street, spoke in favor of a ban and stated that the dry grass in her backyard was set on fire by fireworks last year. She said many veterans have PTSD and celebrating with fireworks dishonors them. Jan Butler, 1310 South I Street, spoke in favor of a ban. She said that research, education and finding a safe way to celebrate have been the goal of the Safer Fourth of July steering committee. She said fireworks use in Port Angeles is dangerously out of control and she urged Council to adopt an ordinance banning personal firework use. Lisa Jones, Spokane Fire Marshall, spoke about experiences from her jurisdiction which implemented a partial ban in 1992 and a full ban in 1993. Her presentation,"Refraining the Fourth of July,"provided information and statistics related to fireworks related fires, nuisances, injuries and enforcements. She spoke about education, the public display in Spokane,messaging, and community support for a ban. Sandy Royalty, 526 East 11°i Street, spoke in favor of ban, saying that fireworks set a small fire in her flower boxes every Fourth of July. She spoke about how her cat is adversely affected by fireworks,and said that she would feel so much better by celebrating with a fireworks show downtown rather than waiting for her property to be damaged. Pat Flood, 1124 East 4`h, spoke in favor of a ban. She said that for the past 7 years her family has had to flee their Port Angeles home to get their animals away from the noise and disturbance on Fourth of July. Ms. Flood said she is also a health care provider and treats veterans who suffer from their time in war zones and are negatively affected by fireworks in Port Angeles. She said she would love to celebrate with an event that embraces the entire community. Lori Kramer, 1124 East 0'Street, spoke in favor of a ban. She said fireworks of the past are not the same as they are now. She said she sees a once-loved tradition that now causes a lot of damage. She encouraged Council to support a complete ban in the City so that citizens can celebrate Fourth of July together in a way that is respectful of animals, the environment and veterans. Page 2 of 5 PORT ANGELES CITY COUNCIL MEETING—February 17, 2015 Eloise Kailin, representative of Hardwired for Safety, said that noise from fireworks is only part of the group's concern, and that over the last 2 years noisy military airplanes have greatly disturbed residents and terrorized pets. She said fireworks also evolving drastically, creating greater noise and explosive power that are no longer safe. She said her group supports a ban on the private use of fireworks in City limits. Carol Turner, 1609 West 11`h Street, spoke in favor of a ban. She said firework explosions and loud bangs on Fourth of July give her Greyhound dogs extreme anxiety and panic attacks. Karen Gower, 910 N. G Street, spoke in opposition to a ban. She has worked for 45 years with organizations that sell fireworks. She said fireworks are heavily regulated by the State and that some cities that have bans are rescinding them. She further said the ban in Tacoma is not working.Mrs. Gower told Council that bans do not work especially when there are so many Indian Reservations selling fireworks nearby. Ed Watson, 1470 Sunset Circle,Utah, spoke in opposition to a ban. He said he has worked in the fireworks industry for 38 years and is a U.S. Veteran. He enjoys fireworks because he likes to celebrate the birth of the nation and to honor his friends who didn't come home from the Vietnam War. He outlined ways that people can protect their animals on Fourth of July. He said that the 98%of citizens who use fireworks properly should not be punished for the actions of 1-2%of the population. Matt McCormick, 33020 Southwest, Federal Way, spoke in opposition to a ban. He said a ban would eliminate fundraisers for nonprofit organizations, and with Indian reservations nearby, money will simply leave Port Angeles and go to the reservations. He encouraged Council to increase enforcement of current laws and provide more public education. Tyson Watson, Providence, Utah, spoke against the ban and about the erosion of citizens' rights. He said young families enjoy lighting fireworks together and that fireworks are a great tourist attraction. He questioned why the Council would limit one group's rights to use fireworks in favor of another group's rights to have dogs. He said a ban will drive people out of the City and to the reservations to purchase fireworks. Jason Leffers, 817 Joshua, spoke in opposition to a ban. He said he sympathizes with people who have animals,but recommended more enforcement rather than a full ban. He advocated for education, neighborhood watch and other measures before an all-out ban. He said there are more serious problems in the community—like drugs—than noise on the Fourth of July. He asked Council to consider what the majority of the community wants. Kim Weimer, 130 West 13°i Street, spoke in favor of a ban. He pointed out that two of the people speaking against the ban work for TNT Fireworks and profit from firework sales. He said large fireworks manufacturers use nonprofits as a cover to sell their fireworks. Mr. Wiemer said there is a quiet majority around town that is fed up with fireworks,and he cited a Peninsula Daily News poll that favored a ban. Robert Briggs, 728 West 6`h Street, spoke in opposition to a ban. He said he does not approve the illegal use of fireworks, but that he believes in personal responsibility and common sense. He said that the reservations Port Angeles is bordered by are allowed to sell fireworks, making enforcement impossible. He pointed out that the Safer Fourth of July steering committee has not offered any alternatives outside of a ban. Tom Eshom, 1011 Grant Street, spoke against a ban. He said for the last 8 years his family has had a celebration with 100+ guests that includes a picnic, campout and responsible use of fireworks. He spoke in favor of more enforcement on illegal fireworks and said he would hate to see his celebration cancelled because of a ban. Malinda Angevine, 1817 East 4th Street, spoke in opposition to a ban. She said that the Port Angeles Football Booster Club has operated a fireworks stand for the past 2 years through TNT Fireworks. She said the money raised has helped provide 5 high school seniors with$1000 scholarships. Timothy B. Stone, 1020 South D Street, spoke against a ban. He encouraged more education, training and enforcement in relation to fireworks. Page 3 of 5 PORT ANGELES CITY COUNCIL MEETING—February 17, 2015 Robert Nevaril,909 South Laurel,spoke in favor of a ban. He said a lampost in his neighborhood exploded last year due to fireworks and that pieces of shrapnel landed near his front door. He showed Council a piece of the shrapnel. Phil Lumpker, 211 North Vine, spoke in opposition to a ban. He said fireworks are already regulated and that sales on tribal reservations can't be controlled. He favors enforcement of current laws, and said that fireworks bring in tourists and revenue to Port Angeles. Lynn Bedford, 410 South E Street, said her neighbors fire off more and more illegal fireworks each year. She said she spends the day before Fourth of July soaking down her cedar roof and deck to avoid fire. She has a rescue animal that is traumatized by noise even with a tranquilizer. Mrs. Beford runs a small bed and breakfast out of her home and said she can't take reservations on the profitable nights around Fourth of July. She asked why the City does not write tickets for violations. She urged Council to take action to protect citizen's safety and well being by enacting a ban. Jeremy Tomlinson, 709 East 9"' Street, spoke in favor of a ban. Mr. Tomlinson is a combat engineer and veteran with PTSD. He wrote a poem about his traumatic experiences each Fourth of July due to fireworks explosions and loud noise. Young Johnson, 711 East 5"' Street, spoke in favor of a ban. She said she is an American and has a family full of veterans, but that she doesn't believe that fireworks are an issue of rights because it is invasive on so much of the population. She said last Fourth of July she watched the City's display and went home to find her rescue parrots beating themselves up in their cages because of extreme noise. Mayor Di Guilio continued the Public Hearing to March 3,2015. Mayor Di Guilio conducted a first reading of the ordinance by title,entitled, ORDINANCE#3530 An ordinance of the city of Port Angeles, Washington, repealing Chapter 5.32 of Title 5 and adding a new Chapter 9.20 to Title 9 of the Port Angeles Municipal Code regarding the use of fireworks in City limits. CITY COUNCIL REPORTS: Councilmember Gase stated he was looking forward to a safe and sane drive to Olympia that evening to attend the Association of Washington Cities conference. Deputy Mayor Downie said Port Angeles' application to the League of American Bicyclists to designate Port Angeles as a Bicycle Friendly Community has been sent. He commended Craig Fulton, Director of Utilities and Public Works,for his work on the effort. Mayor Di Guilio asked if any Councilmember could attend a dedication of homes on Saturday at 11 a.m. He informed Council that the burner at Nippon is up and running and ORCAA, the Olympic Region Clean Air Authority, will be in Port Angeles to conduct a test of the particles coming out of the smoke stacks. He offered to send Council the PowerPoint presented in regards to the testing. Councilmember Bruch attended Farmer's Market Saturday with Councilmember Whetham. They handed out Garden Glory notebooks and had a citizen comment that she was appalled the City is still putting biosolids into its compost. Councilmember Bruch asked that Council look at a contingency plan for a community water shortage. Councilmember Collins said he serves on the AWC (Association of Washington Cities) Federal Committee, and if the Council would like, he offered to brief them on the committee's agenda and priorities at a future meeting. Councilmember Collins said he anticipates that the Clallam County Economic Development Council will make a presentation at an upcoming Council meeting. Page 4 of 5 PORT ANGELES CITY COUNCIL MEETING-February 17, 2015 No other reports were given. INFORMATION: 8`n Street Bridges Update— Verbal report Craig Fulton,Director of Utilities and Public Works, informed Council that he'd been in contact with staff from Peninsula Behavioral Health(PBH)who gave a presentation to Council a few months ago. He said City staff has been looking at creating signs for the Eighth Street Bridges that include a crisis phone number for people who might be considering suicide. He said the signs can be made in-house and City staff can work with PBH to come up with appropriate wording for the signs. Council agreed by consensus to direct staff to move forward with the signs. 2015 Legislative Agenda City Manager Dan McKeen said he and Council members Gase,Collins and Kidd will be leaving for Olympia directly after the Council meeting to attend the Legislative Conference with the Association of Washington Cities. Manager McKeen said they will meet with representatives while there. Included in the Council packet is the 2015 Legislative Agenda which highlights the City's number one priority—financial assistance for the Landfill Bluff Project. EXECUTIVE SESSION: It was determined there was no need for an executive session. ADJOURNMENT: Mayor Di Guilio adjourned the meeting at 8:32 p.m. Dan Di Guilio Mayor 4JenneiferVeneklasen,City CC erk j Page 5 of 5