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HomeMy WebLinkAbout06.22.2000 (2)COUNCIL WORK SESSION June 22, 2000 9:30 a.m. Council Chambers Members present: Mayor Rooff, Anders, Krizek, Gronen, Getty, Berry. Members absent: Jordan, Murphy. Moved by Getty, seconded by Gronen that the Agenda, as proposed, be approved. Ayes: Five. Absent: Jordan, Murphy. Motion carried. Mayor Rooff stated that the work session was scheduled to discuss enforcement of parking on the parking. Police Chief Bernal Koehrsen received calls from a neighborhood association and enforced the ordinance. Mayor Rooff stated that some citizens were ticketed for parking in their driveway, which is actually city right-of-way. Police Chief Koehrsen stated that we are talking about the curb and the sidewalk, and that cars are 16 to 17 feet long and most parking on the parking is not. If the vehicle extends into the street or over the sidewalk, that is illegal, and the ordinance is written that you cannot park there. Chief Koehrsen stated that the ordinance could be changed that it would be legal if the vehicle fits between the curb and the sidewalk. The current ordinance allows businesses to petition the council for a variance to allow their customers to park on the parking, and the ordinance could be changed to allow citizens to petition the council for a variance to the ordinance. Mayor Rooff commented that tickets are not written if there are no sidewalks. Councilperson Anders stated that he and Councilperson Getty had asked that two businesses be ticketed for violations of the ordinance and no tickets were issued, and now there is a change and the Police Department is writing tickets. Mayor Rooff stated that the change is we are talking about people parking in the driveway. Councilperson Getty stated that on Washington there are three or four houses without driveways and the occupants have parked there for years. Councilperson Krizek stated that the same thing is happening on Mullan Avenue. Some have no driveways or the driveways are so narrow the average vehicle won't fit, and they have done this for a long time. Councilperson Gronen stated that the police should use good judgment. If the vehicle is over the sidewalk or extended into the street, that is illegal. Chief Koehrsen stated that the neighborhood association was concerned with appearance and safety because some of the vehicles obstruct the view. Councilperson Krizek stated that a lot of the houses were converted to apartments and at that time they did not have to provide off-street parking, and now the only way parking could be provided is if some of the buildings were torn down. Councilperson Anders stated that he objected to the fact that a neighborhood association wanted the ordinance enforced. Chief Koehrsen stated that it was members of a neighborhood association calling individually. The Police Department enforces this ordinance city-wide. Chief Koehrsen stated that this is clearly city -owned property and is a utility easement for water, electrical and signs, etc. Mayor Rooff stated that he feels if a vehicle is parked in the driveway between the curb and the sidewalk and not extended into the sidewalk or street, that is okay. Chief Koehrsen commented that his department is complaint driven, whether it is speeding, robbery or parking on the parking. Council Work Session June 22, 2000 Page 2 Tom Jennings stated that most complaints are discussed with the City Attorney. Mr. Jennings stated that parking on the parking is enforced for safety reason as the vehicles block the view. Councilperson Krizek stated that if we allow businesses a variance, the city should some way allow a private owner the same variance. Councilperson Getty stated that if an officer drives down the street and see a graduation party or auction or a gathering, they should have common sense not to write a ticket. If it is an ongoing problem, they should write tickets. Councilperson Getty stated that he supports the ordinance as written. Sang-Ki Han, Assistant City Attorney, stated that it is not a situation that can't be controlled. If the vehicle is not causing a safety problem, the officer can use some judgment. Mr. Han stated that we should not do it willy-nilly and pick who we will ticket. Mr. Han commented that he feels it works fine and has not been a problem. Mr. Han stated that they will talk to the officers ask them to use judgment, and he asked to leave the ordinance as adopted. Mayor Rooff stated that it is not the council's intent to change the ordinance, but to understand it and make the statement if there is no sidewalk, you won't get a ticketed. Mayor Rooff asked if there was any solution for parking in the areas of Mullan, 1st, 2nd and 3td Streets. Mayor Rooff asked if the city has looked at other sections of the country to see what they have done. Mr. Han noted that Planning and Zoning is trying to help with this problem whereby if there are multiple units, they will have to provide off-street parking. Mayor Rooff stated that it is the consensus of the council to stay with the current ordinance and have the Police Chief talk to the officers to use some discretion. Councilperson Berry stated that she is not sure if areas with no sidewalk should not be ticketed. Karen Atwood, 902 West 8th Street, stated that she felt the Police Department used selective enforcement as there were six vehicles that were parked in the parking and only two were ticketed. Ms. Atwood stated that a lot of people have shorter cars that will fit the approach. Ms. Atwood stated that she feels it is wrong to ticket those not blocking the sidewalk or extended onto the street. Ms. Atwood stated that the tickets were written at 12:30 a.m. and 5:30 a.m. Councilperson Krizek stated that neighborhood associations are by-passing the Mayor's office, going directly to Department Heads and not using the staffing process. Mayor Rooff stated that we are trying to present a friendly city. This ordinance is in place for a reason, we can't enforce it arbitrarily. Mayor Rooff stated that we need some kind of communication link with the neighborhood associations. Part of the process would be to let them know we have these complaints, what do you want us to do. Mr. Han stated that the Police Department put out a press release regarding the ordinance, then wrote warning tickets, and some of these same people got tickets. Mayor Rooff commented that writing tickets is a short fix but the only leverage we have unless we impound the vehicles. Mayor Rooff asked the City Clerk to get a list of the neighborhood associations from Neighborhood Services to see if there is some way we can get information to them other than through the mail. With no further business before the council, it was moved by Getty, seconded by Gronen that the meeting be adjourned at 10:20 a.m. Ayes: Five. Absent: Jordan, Murphy. Motion carried. Nancy Eckert City Clerk