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HomeMy WebLinkAbout06/23/93TAPE #1117 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES JUNE 23, 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, June 23, 1993, at 5:30 p.m., with Council President Eileen Fitz presiding. Council members present were Lon Overson, Richard Neville, Hank Waibel, C. R', "Tiny" Collins, Morris Dawkins. Council members Al Colvin, Russ Johnson and Lynn Horton were absent. Also present were City Attorney Ian Sievers and Deputy City Clerk Gil Johnson. The meeting opened with the Pledge of Allegiance led by Council President Fitz and Invocation given by Reverend Ernie Grames, Pastor to Senior Citizens at Cross Roads Neighborhood Church. President Fitz announced the absence of Council members Colvin, Johnson and Horton was due to their attending the annual Association of Washington Cities Conference in Yakima, Washington. CONSENT AGENDA A. Minutes of Meeting -- June 2, 1993 #AB93-116 #0031 M/S/C/U(Waibel/Collins) 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. #0048 M/S/C/U(Waibe1/Collins) June 23, 1993, the Council does approve for payment those vouchers included and further described as follows: 167344 through 167478 in the total amount of $157,385.72; and Regular Payroll for the period ending June 15, 1993, in the total amount of $530,246.08 COUNCIL MEMBER REPORTS Mr. Neville stated he was pleased to hear, on Tuesday evening, the concerts back in Evergreen Park. PUBLIC RECOGNITION TAPE #1117 City Council Reg. Mtg. Minutes June 23, 1993' Page 2 of 8 Larry Stone, Secretary of the Ad Moc Advisory Committee, read into the record the following letter: "The above committee, created by Council Resolution # 2401, worked diligently through seven months in an effort to justify the confidence expressed by our appointment to this responsible task. Contrary to repeated advice, we chose to believe creation of the Committee was a sincere Council effort to seek governmental improvement. Council actions, since receipt of our report, show that we were naive in that belief. Our disappointment has already been made evident to the Council. Our work, done with the highest degree of professional objectivity, was deserving of thoughtful, timely consideration. We do not believe that has been, or will be forthcoming. Therefore, in view of our commitment to the recommendations presented to you, we find no alternative but to tender our resignation as a Committee and direct our efforts toward more expeditious avenues. Signed: Vince Jones, Laurence Stone, Barbara Boyd, Marlyn Carlson, Betty Griggs, William Amo, Delbert Knauss, William Clarke." President Fitz asked Mr. Stone if the Committee's resignation meant that they would not be part of future discussions on the Committee's proposed revised City Charter? Mr. Stone stated he presumed that would be the case. Richard Chrisinger, concerned citizen, Past Commander VFWPost 3694, Past President Of NACCCA (National Association Of Civilian Conservation Corps Alumni) Chapter 145, thanked Mayor Mentor and the City Council for the endeavors he has had the privilege to enjoy over the past seven years he has lived in the City of Bremerton. He bid farewell to everyone as he is moving his residence to Springfield, Missouri. He reported he also serves on NACCCA Advisory Committee to the National President Lloyd Mielke, St Louis, Missouri, for the "I Am A CCC Boy" program. NACCCA as a whole are trying to bring the CCC's back as they were during the 1930's. A letter has been sent from the NACCCA organization to President Clinton asking for his support on behalf.of the Senator Boren Bill 233 for re - establishment of the CCC Program. His one last wish as he leaves Bremerton is his being able to get the USS Missouri moved to the State of Missouri. President Fitz wished Mr. Chrisinger farewell and hopes he enjoys himself in Missouri. Victoria Pratt, owner Tots & Teddy's Day Care, stated she is TAPE #1117 City Council Reg. Mtg. Minutes June 23, 1993 Page 3 of 8 before Council to discuss the problem of the zoning of day cares in Bremerton. The Cityts zoning laws state that day cares must have a parking lot for the in-home day care. As a resident, there is no place to put a parking lot for the day cares. Consequently, day cares are shutting down because they cannot afford to keep them open because they cantt have the children. Parents are going to end up on welfare and ones that are on welfare will have to quit school and jobs because there are not enough day cares to care for their children. The reason she is having to shut down is that she cantt put in a parking lot for the parents, who do not use a parking lot for drop off and pick up. She has seen day care centers with only two parking places that are not legal, yet the in - home day cares are required to have at least five parking spaces for up to 12 children. She was told she had to come to Council to either have the zoning law rescinded or changed in order to get the special permit in order to raise the number of children at in - home day cares. She emphasized it is not cost effective to have a maximum of six children in the day care and such a day care cannot survive. Most of the children in in - home care are "state" children and the care givers are paid under $10.00 per day for their care and they take more than that amount for food alone. Good day cares are hard to find and if something isn't done about the zoning laws or being able to work around them, this area will lose a lot of day cares and that is a lot of income for Bremerton in the way of taxes, special permits, etc. She has been in the day care business for six years and did not want to see her day care shut down. Lisa Socia stated she was speaking in support of Victoria Pratt's proposition to work with the City to bring about a change in the zoning law. Currently, she is attending college and is a mother on welfare, who uses Mrs. Pratt's day care. She is only eight weeks away from obtaining her College Degree and if her day care is shut down this could keep her from achieving her goal of obtaining that Degree. Mr. Overson said he was not sure why Council was hearing this concern considering the fact that such an issue is handled through the Planning Department. He emphasized it is not Council's function to change those regulations and must come through the City staff process. He suggested the Planning Department be. contacted for further assistance on this matter. Mrs. Pratt explained she had contacted the Planning Department. Mr. Waibel questioned if a new State requirement had come about to generate this concern. Merilynn Erhart, Council Legislative Assistant, explained the State is now allowing more children to be housed in in - home day care centers, however, the City's zoning law is more restrictive, so there is a conflict. TAPE #1117 City Council Reg. Mtg. Minutes June 23, 1993 Page 4 of 8 Gordy Byrd, P.O. Box 930, reported as of this date he has collected $15,892.80 for his Byrd's Nest Shelter for the homeless. He was pleased to announce car wash fund raising events for his proposed shelter will be held at K - Mart, in east Bremerton, on July 10, starting at 10:00 AM and at Pizza Hut on July 17th. Laura Sutton, 11715 Travera Trail, Port Orchard, stated she also wished to speak to the concern of in - home day cares being closed down due to the City's zoning law. She currently works as an office assistant for the Office Of Womens' Programs at Olympic College and a class that they offer is called Women In Transition. If it was not for the private home day cares, most of the women in that program could not attend the class or attend classes at Olympic College. Most of those students depend on private home day care and the licensed day care is needed because DSHS would not cover and help pay for their child care if it was not licensed, however, day cares cannot get their licenses renewed without this Ordinance being met. One of the requirements being enforced is two drop off points .in front or behind the day care. She emphasized most parents would not drive up and "drop off" their 5 - 6 - 7 year old children. She personally walks her son to and from the front door of the day care every day. If it was not for Victoria Pratt's day care she would not have been able to complete her Degree, to continue her education at Western Washington or be able to have her job. President Fitz questioned if Ms. Sutton had contacted Mayor Mentor. Ms. Sutton explained Mrs. Pratt had contacted the City's Planning Department and was going through that process. Mr. Overson stated Council is interested in such issues and appreciates the input but he did not want the speakers on this issue to think that this was the process to end all. Mr. Collins stated since Council's Administrative Assistant indicated there have been some changes to State rules maybe it would be a good idea if the Planning Department briefed Council at the next Study Session. Mrs. Erhart explained following several phone calls on this same issue, Don Pratt, Director of Community Development, was contacted and has offered to meet with the day care operator group to talk about their concerns, the City's zoning laws and see what can be worked out. Following such a meeting, Mr. Pratt could then determine the best method of bringing this issue before Council, either through a Study Session or information packet. Don Larson, 135 Rainier Avenue, reported the Washington Scuba Alliance Directors were invited by the Pacific Science Center to preview their new IMAX film titled "Titanica". He found this film to be fascinating and the closest thing to diving TAPE #1117 City Council Reg. Mtg. Minutes June 23, 1993 Page 5 of 8 without actually getting wet. During filming of that movie 28 life forms were found on the Titanic, which came as a surprise considering the Titanic is located 2 1/2 miles below the surface of the water. He referenced a presentation made at last week's Council meeting by David Peters of the Kitsap County Solid Waste Department, regarding giving senior citizens a break in their garbage service. Mr. Larson has had a long running dispute with Brem - Air over what is meant by "minimum" garbage service. He noted Brem - Air likes to charge the maximum rate instead of the minimum rate and that causes some problems. If State law is complied with, which is the Waste Not Washington Act, you reduce, reuse, compost and recycle, resulting in not needing a full size can for garbage collection. He believes Brem - Air has ignored his letter on this issue, and emphasized they should not do that per the City's contract. The following individuals stated their opposition to the placement of basketball hoops at the tennis courts located at llth and Broadway Avenue: Cal Baines, 1202 Broadway Avenue; Robert Pennington, 1205 Broadway Avenue; Jim McGill, 1208 Broadway Avenue; and Bill Kersting, 1220 Broadway Avenue, Concerns: (1) If gang confrontations are happening in an enclosed area like the YMCA, think what could happen in an open air situation, if such confrontations occurred, near densely populated residential neighborhoods. (2) A Change Of Use poster or notification should have been circulated through the neighborhood so the residents in that area could have been apprised of what was planned. (3) If the City still wants to put basketball courts in that area, a public meeting with the residents need to be held. (4) If any personal harm comes to Mr. Baines, his family or his property, he will hold the City of Bremerton responsible. (5) Traffic congestion is already heavy in the Broadway Avenue area and basketball courts would draw young people who drive faster than local residents and with less caution. (6) Increased noise level due to added traffic, loud music and people screaming "basketball" all evening. (7) Possible increase in crime and drug dealing. TAPE #1117 City Council Reg. Mtg. Minutes June 23, 1993 Page 6 of 8 (8) Will decrease the quality of living for everyone in the neighborhood and possibly bring down property values. (9) Concerned with added traffic affecting the safety of small children in the Broadway Avenue neighborhood. (10) In the immediate vicinity of the tennis courts there are four families with 17 children, with eight of those children being under the age of 6. 6A - CONTRACT AWARD -- AIR CONDITIONING (FIRST FLOOR, NORTH SIDE OF CITY HALL, #AB93-117 Using its Small Works roster, the City has requested and received a proposal to install air conditioning on the first floor, north (4th Street) side of City Hall. The proposal was requested as an emergent employee health and working conditions issue related to the upcoming 4th Street LID project. During the project construction, all windows and doors on the 4th Street side of the building will have to remain closed because of contractor equipment noise and dust conditions that will exist. The timing of the project (July through September) are the warmest months of the year. Currently, when outside temperatures exceed 60 degrees, it is necessary to open all windows and doors and turn on all available fans in offices and work spaces to maintain a modicum of air movement. This proposal provides air conditioning for Administrative Services and the Mayors offices. Proposed project cost is $30,000. Mr. Overson asked for an explanation of legal controls on CR General 103 fund? Mr. G. Johnson explained the CR General is a dedicated fund for capital improvements and maintenance to City owned facilities requiring the approval of City Council. Mr. Dawkins stated there is no doubt that the proposed section of City Hall needs air conditioning and as long as the City has funding available he supports moving ahead with such a project. Public comment - none. Mr. Neville stated he is in favor of this proposal, however, he questioned if the Administration would come back in another year and request the back half of City Hall be air conditioned? Mr. G. Johnson stated City Hall by and large will be fully air conditioned with the exception of a full system in the Police Department. At the present, time the Police Department Records Section, Police Chief's Office and Detectives Division are air conditioned through the use of TAPE #1117 City Council Reg. Mtg. Minutes June 23, 1993 Page 7 of 8 window air conditioning units. #1086 M/S/C/U(Neville/Dawkins) motion to award contract. to Ray's HVAC as to specifications in the amount of $30,000 for first floor of City Hall air conditioning.. 6B - BREMERTON COMMUNITY ACCESS TELEVISION (BCAT) CABLE CASTING RULES AND PROCEDURES, #AB93-118 In May 1987, City Council adopted BCAT Cable casting Rules and Procedures. These procedures outline general operating rules of Bremerton Community Access Television. During the ensuing six (6) years, there have been administrative, operational, and legal changes necessitating a re - writing of the Rules and Procedures. Attached are the proposed new Rules and Procedures. The proposed rules have been approved by the City Staff, Cable Communications Advisory, and endorsed by the City Council Operations. Mr. Neville stated he serves on the Cable Access Advisory Committee and this proposal has been reviewed by that committee. He noted Patrick Hirsch, Cable Access Manager, undertook a monumental task to reduce a very large document that was given to all Committee members and Access volunteers into a good workable document. Both the Committee and he heartily support the proposal as presented. Public Comment - none. Mr. Waibel noted under section 3.2 General Rules, smoking is not allowed unless cleared by staff. Because of what affect smoking has on equipment as well as the adverse affect it has on people, he suggested banning smoking in the areas of the studio, studio van, edit bay or other areas. Patrick Hirsch, Cable Access Manager, stated the only reason that section is worded in that manner is that sometimes in the pursuant of a production they may be used as props and they wanted to have them available for "on set" if there was a need. Smoking is not allowed behind cameras. Mr. Waibel suggested adding the wording: "Users are prohibited from eating, drinking or smoking while in the studio, studio van, edit bay or other areas unless cleared by staff unless used as props". Mr. Overson stated it is his understanding that this proposal documents the existing policy, procedures and rules. Mr. Hirsch stated it modifies them and what they had previously was two documents, a Rules and Procedures document, which was drafted and used by the Cable Communications Advisory Committee and a Volunteer Handbook. There was some redundancy between those two documents, but there was not one document TAPE #1117 City Council Reg. Mtg. Minutes June 23, 1993 Page 8 of 8 that told operation policies. His main concern in drafting the new document was to put something together which takes care of the liability issues, describing that they provide a service and equipment and yet there was lack of language regarding who was responsible and they want the users to be responsible to respect the equipment and facilities and cover the City's TCI's, and BCATC's collective interest. The new document basically took the best of both documents and the latest precedent in regards to FCC and First Amendment Rulings as it regards Access operation. Mr. Overson stated he noted it includes disclaimers and grievance procedures. He asked for a description of the differences in services with BCAT before and after this document. Mr. Hirsch stated essentially the grievance procedures have been unchanged and a user, who might file a grievance would clear it with staff first and if they were not satisfied with the staff response they could pursue it to the Cable Communication Advisory Committee (CCAC). Mr. Overson questioned if the whole organization would continue to run the same as it is? Mr. Hirsch stated yes, in terms of the grievance procedures and their original intent. Mr. Dawkins congratulated Mr. Hirsch on a job well done in condensing what existed into a more readable document. #1336 M/S/C/U(Waibel/Neville) motion to adopt the proposed Bremerton Community Access Channel Cable casting operating Rules and Procedures. President FitZ read into the record all of Section 8.2 - Political Candidates And Issues and 8.3 - Political Announcements as they related to pubic access televising. With no further business meeting adjourned at 6:22 P.M. KATHLEEN L. McCLUSKEY, City Clerk EILEEN FITZ, Council President City of Bremerton KLM/EF/me cc: Normal Distribution File/Vault