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HomeMy WebLinkAbout09/17/97 TAPE #1494 CITY COUNCIL MEETING MINUTES SEPTEMBER 17, 1997 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, September 17, 1997, at 5:30 P.M., with Council President David Farr presiding. Council members present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, Richard Neville, John Law, Cecil McConnell, and Al Colvin. Councilman Lon Overson was absent. Also present were City Attorney Ian Sievers and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and Invocation given by Ms. Diane Lightfoot of Abundant Life Foursquare Church. CONSENT AGENDA A. Minutes of Meeting -- August 27, 1997 #AB97-208 B. Minutes of Meeting -- September 3, 1997 #AB97-209 0014 M/S/C/U(Neville/Montgomery) to approve the Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. #0040 M/S/C/U(Colvin/McConnell) on September 17, 1997, the Council does approve for payment those vouchers included and further described as follows: 212622 through 212821 in the amount of $226,614.87; and Regular Payroll for the period ending 9-15-1997, in the amount of $729,835.53. COUNCIL MEMBER REPORTS Mr. Colvin congratulated all the participants in the recent election. He reminded everyone of the District #1 Neighborhood Meeting on September 18, 1997, 7:00 P.M., at the Sheridan Park Recreation Center. He will be researching State of Texas legislation on zero tolerance for teenagers using tobacco and alcohol products. He would like to hear from Bremerton citizens whether or not they would support such legislation. (Note: Paula Johnston, Deputy City Clerk, read into the record a newspaper article addressing this no tolerance policy,) Mr. McConnell announced he will hold a District #2 Neighborhood Meeting on September 25, 1997, 6:00 P.M., at Fire Station #3. The TAPE #1494 City Council Reg. Mtg. Minutes September 17, 1997 Page 2 of 7 agenda for that meeting will include guest speakers Jim Spencer, Director of Parks and Recreation, and Jim Trainer, Urban Forester. Mr. Law reported on the District #3 Neighborhood Meeting held September 16, and thanked those who attended that meeting. He extended a special "thank you" to Henry Mincey, Community Police Resource Manager, for his presentation and the outstanding ideas on how citizens can support the Police Department. Mr. Neville reminded the public of the Park Planning meeting on September 23, 7:30 P.M., at the Sheridan Park Recreation Center. If anyone needs a ride or more information, they can call 478-5305. Mr. Winters stated he was approached by Maynard Hoffman and Jim Reed about his not being among the group that toured Oyster Bay and the connecting channel aboard the City's Fire Department boat on September 13. The answer he received to that question was the Planning Commission chairman Larry Stone was the person to contact regarding that event. He and Councilman Montgomery represent the residents in that particular area. He was also asked by Leanne Kirk and Rex Brown when lighting would be installed at Pendergast Regional Park. MAYOR'S REPORT SPECIAL POLICE PRESENTATION - Police chief Paul Du Fresne and Captain Joe Hatfield - Bremerton Municipal Court Judqe Bruce Martin administered the OATH OF OFFICE to Police Officers Martin Knott and Keith Sargent. Police Chief Du Fresne reflected on the excellence of Bremerton's Police officers and Police Department. President Farr read the following Proclamation: (1) September 19, 1997, BREMERTON SENIOR CENTER DAY, which was accepted by Becky Lorber, Bremerton Parks Department. PUBLIC RECOGNITION Mike Shepherd, Bremerton resident, announced the Evergreen Neighborhood group will meet on September 25, 6:30 P.M., at the Smith Building on Park Avenue. Roy McInnis, Bremerton resident, expressed his concern over an Agenda item that was approved at the September 10, 1997, City Council meeting that authorized $64,168 be spent out of Roosevelt Field replacement fund and was budgeted in the 1997 budget for a project at Evergreen Park. It was his understanding that the money received from Roosevelt Field was to be spent on Pendergast Regional Park. He did talk with the Parks Director Jim Spencer, but was not satisfied with his answer on this issue. He asked that he receive a response, in writing, indicating the reasoning behind the decision to use that particular fund for the Evergreen project. TAPE #1494 City Council Reg. Mtg. Minutes September 17, 1997 Page 3 of 7 Don Larson, President Kitsap Diving Association, reported Senator Bob Oke has recommended that funds be set aside for marine sanctuaries to protect Puget sound bottomfish. He noted Senator Oak has worked with Kitsap Diving Association over the past seven years trying to establish an underwater part for Bremerton. It appears the Department of Fish and Wildlife has conducted a number of tests and found that the Edmond's Underwater Park is one of the most successful marine protected areas within the State, which was established 30 years ago by the City of Edmonds. Mr. Larson is still hopeful that the City of Bremerton will take action to set aside an area in Bremerton as a marine protected area. He reminded everyone of the Sinclair clean Up on September 20, 1997, 11:00 A.M. - 2:00 P.M. Gordy Byrd expressed his gratitude to personnel at Harrison Hospital and Bremerton paramedics for their assistance when he experienced a medical emergency. He is still pursuing gathering funds to build a shelter for the homeless. 8A - THE APPOINTMENT OF TWO COMMITTEES TO WRITE STATEMENTS "FOR" AND "AGAINST" THE EMERGENCY MEDICAL CARE AND SERVICES TAX LEVY, #AB97-210 The Fire Department has solicited at two public hearings members of the community wishing to sit on a committee for the purpose of writing statements "for" and "against" the Emergency Medical Care & Services Tax Levy. Two individuals have consented to write the "for" statements, but no one has presented their names to write the "against" statements. The two names that I bring forward to write the "for" statements are Raymond Manglona and Laurence Stone, both City of Bremerton residents. Al Duke, Fire Chief, briefly reviewed the data in the Summary Statement. Public comment - none. Mr. Neville asked Chief Duke to explain the County's responsibility if the City is unable to provide someone to write the "con" statement. Chief Duke read the following: "The authority shall appoint persons known to favor the measure to serve on the committee advocating approval and shall whenever possible appoint persons known to oppose the measure to serve on the committee advocating rejection. If the authority fails to make such appointments, the County Auditor shall, in conjunction with the local Voters Pamphlet and Advisory Committee make the appointments. The County does not have to make an appointment, if the City shows a good faith effort to solicit such members. He noted the ballot TAPE #1494 City Council Reg. Mtg. Minutes September 17, 1997 Page 4 of 7 measure statements must be to the County by September 24. #1184 M/S/C/U(Neville/Colvin) to appoint Ray Manglona and Laurence Stone to a committee that will write the "for" statement for the Emergency Medical Care & Services Tax Levy that will be placed in the Voters Pamphlet. 9A - ORDINANCE (FIRST READING) AMENDING LITTER REGULATIONS TO ESTABLISH A SEPARATE INFRACTION FOR THROWING CIGARETTES OR OTHER BURNING REFUSEr ~AB97-211 The 1997 legislature created an infraction for littering by discarding burning cigarettes. This infraction carries a penalty which is inconsistent with the municipal code. The proposed ordinance adopts this infraction with state penalties and expands the offense to include littering with any burning refuse. Ian Sievers stated this proposal would include a new classification of civil infraction, for discarding burning tobacco products, into the City's Municipal Code so that it can be prosecuted in Municipal Court. There was a problem with inconsistent penalties and the City must be consistent with State law penalties on local crimes. Initially, the City's penalties were too high since the State decriminalized them to civil infractions. For this particular class of civil infractions, the City's normal penalty of $250.00 was too iow and the State set an extraordinary penalty for this type of littering, which can have serious consequences in terms of starting fires. The only other change made to the State act, was instead of other tobacco products, burning refuse was included because it seems more comprehensive. The intent is to focus on the consequences, which can certainly result from other burning materials and simple tobacco products. Don Larson, President Kitsap Diving Association and Chairman of a Citizen Action Committee, stated his support of the proposed ordinance based on past experiences cleaning up Sinclair Inlet and finding an extraordinary amount of cigarette butts being deposited in the Sound. He emphasized tobacco products are harmful to marine life. Mr. Winters described a scenario of someone burning on their property and a lit ash floats over to a neighbor's property. He questioned if the person doing the burning could be penalized for that kind of activity under this ordinance? Mr. sievers stated if someone is not properly managing open burning on their property it could be a violation of the Fire Code. But, if someone cleaned up ashes that were still smoldering and discarded them in an improper manner it would be covered under the proposed ordinance. Mr. Winters agreed with Mr. Larson regarding the large numbers of cigarette butts being discarded by the public, particularly along TAPE #1494 City Council Reg. Mtg. Minutes September 17, 1997 Page 5 of 7 Pacific Avenue. Mr. Colvin questioned how would this ordinance affect someone walking down the street holding a cigarette? Mr. Sievers stated it means they should pay more attention to where they dispose the cigarette butt and not be as thoughtless as they have in the past by discarding them in an inappropriate manner. Mr. Colvin questioned like throwing the cigarette butt on the street? Mr. Sievers explained that action would be considered littering, but if it the cigarette butt continued to smolder it becomes a very serious civil infraction. #1336 M/S/C/U(McConnell/Montgomery) to approve ordinance on first reading, creating a separate infraction for disposing of burning material improperly and amending Chapter 6.28 of the Bremerton Municipal Code. 9B - RECONSIDERATION OF MERIT COMPANY PROPOSALAND CLARIFICATION OF DEPARTMENT OF TRANSPORTATIONeS CONCERN RELATING TO CAPITAL FACILITIES PROGRAM; ORDINANCES (FIRST READING), ~AB97-192 Mayor Lynn Horton stated two weeks ago when the Merit Company issue was voted down by the City Council, she asked that it be reconsidered for a more in depth discussion. Her reason to make such a request was her belief that there was a window of opportunity to look at the site in a broader light, which would have warranted rezoning what has been residential property into a commercial application. She pointed out the Wheaton Way corridor is bounded by a strip mall through the entire corridor. At some point in time, the City will need to address that corridor and look at options for redevelopment or changing that strip mall atmosphere to be more aligned and integrated with the residential neighborhoods. The applicant was requested to submit site plans; however, the ones she reviewed did not fit in with the kinds of things the City had requested. A neighborhood planning meeting was held to talk about that integrated approach and the design submitted did not fall within those guidelines. It is not her intention to simply expand that commercial corridor up Riddle Road. As a result, she and members of the Administration are supportive of Council's original vote denying the change to the Comprehensive Plan. She appreciated Council giving her the extension of time to give the Merit Company issue a closer look. Public comment - none. Mr. McConnell stated he agreed with Mayor Horton that any changes made to that particular area should blend in with the surrounding neighborhood. Kay wilson, Department of Community Development, stated the City TAPE #1494 City Council Reg. Mtg. Minutes September 17, 1997 Page 6 of 7 received a late letter from the Washington State Department of Transportation (DOT) expressing concern on the level of service for the Wheaton Way/Warren Avenue corridor, which was listed in the Capital Facilities Program. That Chapter is a summary of what is in the Transportation Element, which is more complete. When she spoke with a representative of DOT, they apologized for the late submittal due to their moving into new office facilities. Subsequent discussions were held with the City Engineer and resulted in the recommendation of some minor clarifying wording (underlined portions) as follows: Transportation Section - under 2(a) Current Level of Service - Almost all roadways in the City function at or better than LOS D. (2(b) The Transportation Element establishes the following level of service threshold standards: Arterial Streets--LOS D or better (v/c less than or equal to 0.9) with the exception of the followinq: Wheaton/Warren Corridor--Maximum LOS F with V/C/ threshold of 1.06. Kitsap Way corridor--Maximum LOS E or better (V/C less than or equal to 1.00. Manette Bridge--Maximum LOS E or better (V/C less than or equal to 1.00). The hiqher threshold in the above three corridors allow time to develop strategies to address the corridor transportation needs. Transportation projects in these corridors will have a ~oal to obtain a LOS D. Roy McInnis asked if Wheaton Way corridor included lower Wheaton Way? If not, he could not understand why lower Wheaton Way would not be included simply because of Harrison Hospital and the Doctor's Clinic. Ms. Wilson stated lower Wheaton Way would not be included in LOS F; however, it would be included in LOS D or better for the other arterial streets. None of this makes any change to the level of service that is already established in the Transportation Element. #1874 M/S/C/U(McConnell/Montgomery) Motion to approve the comprehensive Plan as submitted, on first reading, amending Enclosure E, Capital Facilities Element, according to Attachment II of the Staff Report. #2004 M/S/C/U(McConnell/Winters) Motion to pass the Zoning Ordinance as submitted in the Agenda packet as unchanged. TAPE #1494 City Council Reg. Mtg. Minutes September 17, 1997 Page 7 of 7 President Farr thanked the TV camera crew for their services: Bob Neal, Eva williamson and Mike Pebbles. With no further business meeting adjourned at 6:31 P.M. DAVID FARR, City Council President City of Bremerton PJ/DF/me cc: Normal Distribution File/Vault