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HomeMy WebLinkAbout08/04/93TAPE #1127 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES #0129 AUGUST 4, 1993 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, August 4, 1993, at 5:30 P.M., with Council President Eileen Fitz presiding. Council members present were Lon Overson, Richard Neville, Lynn Morton, C.R. "Tiny" Collins, Morris Dawkins, Al Colvin, Russ Johnson. Councilman Hank Waibel was absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Fitz and Invocation given by Councilman Al Colvin. Mayor Louis Mentor announced four exchange students from the City of Kure, Japan arrived the week of July 26th and a welcoming party was held for them on July 29. He introduced Bob Batten, Bremerton Central Lions Club Chair of the Sister City program. Bob Batten extended a warm "welcome" to the Kure students and made the following introductions.: Ms. Kiyomi Usui, hosted by Gene and Norma Straw; Mr. Masanori Sako, hosted by Joe and Annette Wells; Mr. Ryohei Niimi, hosted by Melinda and Evan Griffo; Ms. Naoko Kanehisa, hosted by Daniel and Elvie Llaneta. Mr. Batten noted this year is the 24th consecutive year for the Sister City Program between the city of Kure, Japan and the City of Bremerton. He made a special introduction - Elaine Valencia, Mayor's Secretary, who has been responsible for this program for the past 11 years. CONSENT AGENDA A. Minutes of Meeting -- July 14, 1993 #AB93-154 B. Minutes of Meeting -- June 21, 1993 #AB93-155 C. Bid Award Recommendation -- Vehicle Fuels #AB93-156 and Dispensing Services M/S/C/U(Horton/Dawkins) to approve the Consent Agenda as presented. CLAIMS/WARRANT 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. TAPE #1127 City Council Reg. Mtg. Minutes August 4, 1993 Page 2 of 11 #0143 M/S/C/U(Colvin/Horton) August 4, 1993, the Council does approve for payment those vouchers included and further described as follows: 168285 through 168444 in the total amount of $156,281.00; and Regular Payroll for the period ending July 31, 1993, in the amount of $657,305.36. COUNCIL MEMBER REPORTS Mr. Overson reported on the evening of August 3 his wife, who is a Block Watch Captain, organized a National Night Out event in their neighborhood. He was pleased to report this event was well attended and provided an opportunity to discuss Block Watch issues as well as other issues of interest in the City. He hopes that other Block Watch areas will also hold such an event. Mr. Neville reported he is enjoying Concerts In The Park at Evergreen Park. He extended a special "thank you" to the people who coordinate and set up that program. He is looking forward to the Concert On The Dock this Thursday. Mrs. Horton announced the High School Reader Board registered the outside temperate of 102 degrees. She hoped everyone was doing their best to "stay cool". Mr. Dawkins noted he has had trouble with his automobile veering off to Golf Courses during this great summer weather. Mr. Colvin stated last Saturday morning he met with some citizens who, in his opinion, are very wise and very interested in what the City of Bremerton is doing and where it is going. He would recommend to all those who are seeking public office to talk with those individuals. He also recommended that current Council members also take time to conference with these people to learn from their experience and insight. Roger Oraker thanked Councilman Colvin for spending time with their group. The group Mr. Colvin referenced is made up of senior citizens, businessmen who are interested in the direction of downtown Bremerton, individuals who are retired, middle aged and young. Their challenge last week was to come up with ideas for businesses in the downtown area to draw in people. He noted the waterfront park is very appealing, so their first ideas for business was for tourism...various shops with interesting products, a shop for local craftsmen and artists, various eating establishments, bakery and a nautical shop. Along with the seasonal businesses, it would be important to encourage professional offices to be interspersed in the downtown area. He noted even a day care facility for the children of workers in town would TAPE #1127 City Council Reg. Mtg. Minutes August 4, 1993 Page 3 of 11 be an asset. Several concerns were raised, i.e., 4th Street building and offering all of the City services under the same roof. They strongly supported the idea of Council members holding regularly scheduled District meetings in each of the nine districts in order to get feedback from the taxpayers. If Bremerton is to grow and progress, all of the citizens needed to be included and involved. Mr. Colvim stated he would like to learn more about the "National Night Out" program. He noted he does hold regularly scheduled District meetings, starting in the fall of each year, and would like to have a group of Block Watch Captains speak at one of those meetings. Mr. Johnson pointed out it would be a good idea to provide copies of the video tape to the Kure students of their introduction during this Council meeting. He asked each Council member to bring 3 - 5 of their most important items they would like to see accomplished in 1994, to the Study Session on August 9. In response to Mr. Oraker's comment about having District meetings, most Council members do have various ways that they get input from within their District depending on what the people want. His neighborhood group has been relatively active during his years of service on the City Council. Mrs. Fitz reported she attended Kitsap Regional Planning Council meeting this date and was pleased to report they had a light workload. PUBLIC RECOGNITION Mayor Louis Mentor reported the Senior Center held an Ice Cream Social on July 29 and at that event they entertained members of a Bellingham Senior Center. He was pleased to announce the downtown businesses held a well attended sidewalk sale on July 29 and July 30. This event has been a tradition in the downtown area. Bremerton Bottling has moved into their new facility located on Auto Center Way. On Sunday evening the local Filipino organizations put on a Relief Foundation and the main entertainer was a singer from the Philippines. A Northwest Babe Ruth Tournament was held in Kitsap County over the weekend and he had the pleasure of throwing out the first pitch. He participated in a Regional Transportation Plaza presentation on August 3. The public is welcome to view the drawings of the Regional Transportation Plaza at the Ferry Terminal where they are on display for two weeks. He attended the prison siting meeting on August 2, where there was considerable arguing about criteria used to determine locations and the procedures used in the process of site selection. He received a copy of a summary of public response TAPE #1127 City Council Reg. Mtg. Minutes August 4, 1993 Page 4 of 11 showing how many telephone calls the State received for each proposed site and what the issues identified. On the Bremerton site, he was the only person from Bremerton who sent them a letter and they listed no phone calls. He found the lack of response by Bremerton officials and residents hard to believe because of the general feeling of not wanting such a facility located in the downtown area. He emphasized the importance of people voicing their concerns prior to having something implemented before voicing concerns/opinions. President Fitz stated approximately two weeks ago she attended a seminar. At that time, she had the opportunity to speak with a gentleman from the State Fiscal Office that provides funding for siting such facilities. He acknowledged if the newspaper correctly reported the method used to site such a facility, it was an incorrect way to do the siting and he would look further into what actually took place. Mr. Colvin raised the question if someone wanted to write a letter stating their opinion who do they write to? Mayor Mentor stated the appropriate address was available through his office. Mr. Collins stated he received a notice of each of the Department of Corrections' meetings and responded to each of their questionnaires so he knows for a fact that they had received six responses just from him. President Fitz pointed out the meetings for siting that facility were held from 2:00 - 4:00 P.M., which precluded people who have other jobs from attending and needed to be scheduled during evening hours. Mayor Mentor stated it is probably set up to have a minimum amount of public input. Mr. Johnson stated he was thoroughly convinced that if the Department of Corrections find a site that they desire no matter what the criteria and if they don't get bombarded with public opposition, that is where the facility will be located. Mayor Mentor stated he agreed with Mr. Johnson and that was why it was so important that people do comment on such proposals. Mayor Mentor announced the new evening basketball programs are going on Tuesdays and Thursdays from 3:30 - 6:30 P.M. (ages 12 - 15) and 6:30 P.M. to dusk (16 yrs old and up). He announced the opening of a new florist shop "Living Color" in downtown Bremerton on Pacific Avenue on the south side of Woolworths. Coming up - a new Sports Lounge is opening up in the Perry Avenue Mall at Jack's Place. He reported in spite of the rain, Concert On The Dock did go on this past Thursday with approximately 150 people in attendance. There will be another Concert On The Dock on Thursday, August 5. This weekend the Red Brown Foundation is sponsoring a Golf Tournament on Saturday, August 7, with proceeds going toward the Regional Sports Complex. On August 8, the D.A.R.E. program is having a fund raising Golf Tournament. TAPE #1127 City Council Reg. Mtg. Minutes August 4, 1993 Page 5 of 11 6A - ORDINANCE NO. 4431 (SECOND READING) REVISING BMC 6.04 PERTAINING TO COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE IN THE CITY OF BREMERTON, #AB93-150 Public comment - none. #0689 M/S/C/U(Johnson/Colvin) to approve Ordinance No. 4431 on second reading revising Chapter 6.04 of the Bremerton Municipal Code pertaining to collection and disposal of garbage and refuse in the City of Bremerton. 6B - ORDINANCE (FIRST READING) PROVIDING FOR THE ELECTION OF A MAYOR/COUNCIL PRESIDENT AND OTHER COUNCIL PERSONS, #AB93-151 There is currently a proposal by some citizens to reclassify and reorganize City government to a Council - Manager plan of government through a ballot measure. The proposed ordinance provides for the election of a Mayor/Council President by the electorate at large. The election of the remaining Council members will be by district. The ordinance contains a proviso that it will be effective only upon successful passage of the ballot measure. RCW 35A.90.010 states that upon becoming a code city, all ordinances lawfully in force at the time of becoming a code city and not inconsistent with Title 35A, shall continue in force. Passage of the ordinance will provide for smoother transition if there is a change in government. Mrs. Horton stated because the VOTE group has submitted a revised resolution just prior to the Council meeting, she asked that items 6B, 6C and 6D be addressed at the same time since it replaces all three of those items. Mr. Collins pointed out items 6B, 6C and 6D were tabled at the last Council meeting and that they should be taken off of "being tabled" before any other action is taken. Mr. Sievers stated although that may be an appropriate motion, then again that would bring all three together since they were dealt with as a group at the last Council meeting. Mr. Colvin stressed it was his understanding that procedurally when something is "tabled" action must be taken to "untable" it. Mrs. Hotton stated if all three issues were addressed (6B, 6C and 6D) it would make more sense. Kathleen McCluskey, City Clerk read into the record the Agenda Item Summary Statements for items 6C and 6D. (NOTE: COMMENTARY ON ITEMS 6B, 6C AND 6D WILL CONTINUE FOLLOWING ITEM 6D.) 6C - ORDINANCE (FIRST READING) FOR THE ADOPTION OF INITIATIVE AND REFERENDUM POWERS, #AB93-152 TAPE #1127 City Council Reg. Mtg. Minutes August 4, 1993 Page 6 of.ll There is currently a proposal by some citizens to reclassify and reorganize City government to a Council - Manager plan of government through a ballot measure. The proposed ordinance provides for powers of initiative and referendum pursuant to RCW 35A.11.080, .090, and 100. The proposed ordinance contains a proviso that it will be effective only upon successful passage of the ballot measure. RCW 35A.90,010 provides that upon becoming a code city, all ordinances lawfully in effect at the time of becoming a code city and not inconsistent with Title 35A, shall continue in force. Passage of the ordinance will provide for smoother transition if there is a change in government. 6D - ORDINANCE (FIRST READING) FOR THE ADOPTION OF CHARTER PROVISIONS REGARDING CIVIL SERVICE, #AB93-153 There is currently a proposal by some citizens to reclassify and reorganize City government to a Council - Manager plan of government through a ballot measure. The proposed ordinance adopts, by reference, the currently existing Bremerton City Charter, Article IX, Sections 34 - 39. The proposed ordinance contains a proviso that it will be effective only upon successful passage of the ballot measure. RCW 35A.90.010 states that upon becoming a code city, all ordinances lawfully in force at the time of becoming a code city and not inconsistent with Title 35A, shall continue in force. Passage of the ordinance will provide for smoother transition if there is a change in government. COMMENTARY Larry Stone, 1824 S. Marine Drive, Chairman of VOTE, stated by now there should be no confusion about the objectives of the citizens committee he is representing, known as VOTE. There are those who agree with VOTE's objectives and those who disagree with some if not all their objectives. Yet, universal among the Council is the belief that matters of this consequence should be decided by the electors. Make no mistake about the fact that their citizens committee VOTE is dedicated to the same philosophy. They believe the issues should be decided by the voters, but in a formal rather than informal way. Pursuant to the direction of the last Council meeting and tabling motion, he, VOTE's Seattle legal counsel, City Attorneys Ian Sievers and Leila Mills, fashioned a resolution to election that would enable the Council to put this entire matter before the voters in November, eliminating the need for the ordinances constituting items 6B, 6C, and 6D on the Agenda. VOTE is continuing to complete their petition drive on a timely basis to make the November ballot, thus TAPE #1127 City Council Reg. Mtg. Minutes August 4, 1993 Page 7 of 11 avoiding the expense of a special election. Should they fail in that endeavor, they will continue to collect signatures until they have secured the necessary amount. At that time, upon certification of sufficiency, Council will be obligated to call for a special election within 90 to 180 days. As a body, the City Council has the tools to fashion the destiny of the City of Bremerton, and, by their actions at this time, could spare their group the necessity of spending several thousand dollars to give the constituents that right to express themselves in a meaningful way, as well as avoiding the unnecessary cost of an additional special election. Council has in its position the proposed resolution, which was handed out prior to the Council meeting, pursuant to Title 35A.20.70 of the RCW and Article 13 of the City of Bremerton's Chapter, which they encouraged Council to give very serious consideration. President Fitz stated the Agenda for this Council meeting had been advertised as three different ordinances, however, just prior to Council an entirely different document was handed out addressing the issues proposed under those ordinances. She questioned could Council act on the revised new document without having placed the specific item on the Agenda notifying the public? Mr. Sievers stated he felt President Fitz's points were good and certainly the safest procedure would be to see if Council did desire to take this matter up in the form it is now presented and set it on an City Council Agenda with the proper title. On the other side, at the public hearing on the ordinance the previous week he took exception to the action that was proposed to Council and instead suggested the only way to implement those ordinances was to put them on the ballot as ballot titles. President Fitz requested that he meet with the proponents and agree proper legal format. He believed members of VOTE agree with him now and the ordinances were withdrawn and they have gone with the ballot proposal. If Council wished to pursue further action on this proposal, he felt the better'course would be to put this issue on the August llth Council Agenda to set another hearing on this particular format. He suggested it might be appropriate to have some preliminary discussion as to whether or not Council desires to place the item on the next Council Agenda. Mr. Collins stated he still had a problem with three ordinances carried over from the July 28th Agenda not being dispersed in any way. Mr. Sievers stated the proponents agrees with the problems he had with those ordinances and they are now withdrawn. Mr. Collins questioned if the ordinances were withdrawn officially? Mr. Sieves stated he understood that was the case and was substituted by the proposed resolution that was handed out prior to Council. TAPE #1127 City Council Reg. Mtg. Minutes August 4, 1993 Page 8 of 11 Mr. Stone questioned if Council was asking him to withdraw something? President Fitz asked if the Council needed to bring items 6B, 6C and 6D back on table and vote on the ordinances? Mr. Stone stated it was his impression at the time the tabling motion was made that they were requested to see if these points could be covered in a resolution to election. The City Attorney and his legal counsel agreed that the resolution form covers each of the three items and eliminates the need for separate ordinances. Mrs. Horton questioned, if she understood correctly, that Mr. Stone was asking for the withdrawal of the three ordinances, which are to be replaced by the resolution? Mr. Stone stated yes. #1033 M/S/C/U(Horton/Colvin) to withdraw the three ordinances identified in Agenda items 6B, 6C and 6D, from the agenda. Mr. Johnson stated last week three ordinances were presented to Council that supposedly Municipal Research and at least one set of attorneys said Council needed to pass so that if the citizens' Initiative passed that we could logically implement whatever government might happen. That whole direction has now changed to not doing something toensure things go right if the citizens' Initiative passes, but to placing the Initiative on the ballot. He questioned what happened with the discussion with Municipal Research? Mr. Stone stated Municipal Research had relatively little to do with the draftingof the three ordinances. VOTE's counsel working in concert with the City Attorney drafted the ordinances. Municipal Research made their original recommendation to VOTE some time ago labored under the illusion they would be working with a supportive Council. Why that would affect their legal opinion was beyond him, but they felt VOTE needed to take other approaches. Mr. Sievers stated Mr. Stone's comments were correct on that point. Mr. Stone stated at this point he is suggesting the resolution be substituted in place of the ordinances. What Council is being asked to do is to relieve VOTE from the necessity of spending their money to do what they have the capacity to do - let people vote in a meaningful form. President Fitz questioned if the proposed resolution went forward, would VOTE's petition drive stop? Mr. Stone stated that was correct, they would not need it. Mr. Collins requested the City attorney read from the RCW the short section on freeholders for a new or revised charter. Mrs. Horton called for a point of order because it was not a relevant topic for discussion. Mr. Collins challenged Mrs. Horton that it was a relevant topic because what is being proposed is coming up with a totally new charter with a new form of government. Mrs. Horton stressed what is being TAPE #1127 City Council Reg. Mtg. Minutes August 4, 1993 Page 9 of 11 discussed is coming up with a new form of government, a non- charter form of government. Mr. Collins emphasized a non - charter is a new charter... a new constitution for doing business. Mr. Johnson pointed out if Mr. Collins was correct, he would be sitting in an illegal position at this time. Mr. Overson stated the resolution appears to be a way for Council to complete the Ad Hoc Committee's and VOTE's work. Mr. Collins stated the AD Hoc Committee, which Council empaneled, came back with a recommendation that we put forward a change to the Charter and nothing about a change in the form of government. Now, we have nothing but a change of government and nothing to the revision of the Charter. Mr. Overson explained the Ad Hoc Committee came back with a recommendation that the City go to a Code (Title 35A) city, which is a non - charter Code city. Mr. Collins pointed out the charter is written by the RCW, but it is a charter and it is a Code. Mr. Overson stressed it is a Code not a charter and the City would adopt the Code. And, the purpose for that is to give smaller cities equal powers of larger cities in the State. It is a very flexible Code and it works for the good of the City and can be adapted quicker, easier and better than a Charter and that is why 73% of the cities in the State are governed under that form of government. President Fitz stated the proposed resolution was not on the Agenda or advertised. She questioned if Council needed to have it on the August 11th Agenda as a resolution? Mr. Sievers stated the Agenda item that was advertised and is still advertised this week is a different form of action - it is not an ordinance that Council is being asked to pass, but rather a resolution to put a ballot issue on the November ballot. Councilman Johnson made an additional point for continuing this - in that it is not only a different process but the substance of that matter is now different. In fact, he believed the proponents picked up some comments asking Council to delete the need for their petition and to put on the ballot the reclassification. One Council member asked if a ballot title could be formulated to incorporate all of the issues identified in the ordinances. The resolution is new, and not only are there three items from last week, but now there is a request to place on the ballot the whole classification of the City from a First Class Charter City to a Code City, which was not included on the Agenda Bill for the previous Council meeting. Mr. Colvin questioned if Mr. Sievers was saying that this measure should have the same opportunity for citizen review as the three prior ordinances? Mr. Sievers stated that was correct, although he would be coming back to Council this week saying there is consensus TAPE #1127 City Council Reg. Mtg. Minutes August 4, 1993 Page 10 of 11 that this is a way for Council to act, if they choose to act. But, it would be best in the interest of public notice to place an Agenda item on this process and substance of the resolution, which is different than the original three ordinances. Mr. Collins stressed some members of the Council decided they wanted to place an advisory ballot before the citizens and now the direction has changed from an advisory ballot to placing a measure on the ballot as a full fledged measure. He felt Council needed to step back and talk about it before taking further action. Mr. Johnson pointed out the public has the right to place items on Council Agendas. If Council considered this proposal and passed it, there would be several ballot measures on the November ballot...an advisory ballot, freeholders ballot, Charter City ballot. He questioned if all of those measures would be on the same election? Mr. Sievers explained they would all be on the November ballot. The Kitsap County Prosecutor, through the County Auditor's Office, has requested a resolution be passed by the City Council. Mr. Johnson stated it would seem like whatever is passed Council needed to regroup the whole thing, if Council has any thoughts of passing the VOTE groups's resolution. He did not want to have several issues of a similar nature on the November ballot that would cause the citizens confusion in making their decision. Mr. Sievers stated when he saw the requests for ordinances, he chose to not bring back a resolution formally transmitting those earlier Advisory Ballot measures because he believed that would create a confusing situation. Mr. Johnson questioned the deadline if Council wished to revisit the issue and hear the newly handed out resolution? Mr. Sievers stated Council had a deadline of September 15. #1429 M/S/C(Colvin/Overson) that Resolution # 2436 be placed on the Agenda for the August 11, 1993, City Council meeting. Mr. Johnson questioned if Mr. Colvin's motion with an amendment to consider reconsideration of previous decisions on the Advisory Ballot and Freeholder Ballot would be appropriate? Mr. Slevers stated he believed that action could be taken at the August llth Council meeting as well. Mr. Overson stated he believed by default this would replace most if not all of those other four issues. Mr. Collins stated it would not replace anything. Mrs. Horton questioned if she was correct in her understanding that if an actual ballot proposition for a change in City government is placed on the ballot, then an Advisory vote of the same subject will be removed automatically? Mr. Sievers stated that was the logical thing to do and there probably was some legal grounds because otherwise it would be so confusing. Leaving the TAPE #1127 City Council Reg. Mtg. Minutes August 4, 1993 Page 11 of 11 freeholders issue on the ballot may be allowable and may not be inconsistent with another ballot measure. President Fitz asked that Mr. Sievers research the point that if in fact the VOTE group's resolution is placed on the ballot, what will happen with the other Advisory Ballot measures. Mr. Colvin questioned if this subject matter could be addressed at Council's August 9th Study Session? President Fitz directed that this issue be added to the August 9th Study Session agenda. Vote on motion: In Favor: Dawkins, Colvin, Johnson, Overson, Neville, Horton, Fitz Opposed: Collins Motion carried. Mayor Mentor introduced Eddy Chu, the City's new Public Works Director, who has been working in the City for approximately one month. With no further business meeting adjourned at 6:26 P.M. KATHLEEN L. McCLUSKEY, City Clerk EILEEN FITZ, Council President City of Bremerton KLM/EF/me cc: Normal Distribution File/Vault