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HomeMy WebLinkAbout11/20/90TAPE #783 UNAPPROVED DRAFT APPROVED DECEMBER 5, 1990 CITY COUNCIL MEETING MINUTES NOVEMBER 20, 1990 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, Tuesday, November 20, 1990, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present were: Wayne Estes, Spencer Horning, C. R. "Tiny" Collins, Morrie Dawkins, Russ johnson, Ai Coivin, Hank Waibei. Also present were City Attorney ian Sievers and City Clerk Kathieen McCiuskey. The meeting opened with the Pledge of Allegiance led by Council President Horton and invocation delivered by Chaplain Ben Belcher of Harrison Hospital. CONSENT AGENDA - A. Minutes Of Meeting - November 7, 1990, #AB90-290 #0013 M/S/C/U(Waibel/Colvin) to approve Consent Agenda as presented. 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 has been made available to the council. #0028 M/S/C/U(Colvin/Estes) On November 20, 1990, the Council does approve for payment those checks included and further described as follows: 119876, 119880, 120218 through 120246 in the total amount of $167,395.73. COUNCIL MEMBER REPORTS Mr. Johnson wished everyone a happy Thanksgiving and encouraged those who were traveling to drive carefully. Mr. Colvin stated he had a lot to be thankful for, especially the freedoms experienced by American citizens. Mr. Dawkins wished everyone a happy Thanksgiving and hoped families could be together to celebrate this holiday. Mr. Estes read a letter he received from R. L. Bolander, U.S. Army, currently deployed in Saudia Arabia. The young man expressed his appreciation for the items sent by Mr. Estes and shared how important it was to receive news from "back home" Mr. Estes expressed his appreciation for the military service personnel who were serving over seas. He hoped everyone was behind them and supportive of their efforts. TAPE #783 City Council Reg. Mtg. Minutes November 20, !990 Page Mr. Horning noted Mr. Bolander's letter was very touching. He wished everyone a happy Thanksgiving. Mr. Waibel wished everyone a happy Thanksgiving season, including nhe Bremerton Knights football team. He displayed an appreciation plaque given to those who contributed funds to the USS Turner Joy project. The plaques were handed out this evening at a special recognition event. He noted each Council member would receive such a plaque. Mrs. Horton extended a "Happy Thanksgiving" to everyone and cautioned those who were driving to not drink. PUBLIC RECOGNITION Kathi Johnston, Municipal Court Director, introduced Mike Hatzenbeler, Coordinator for the Bremerton-Kitsap County DWI Task Force. Mike Hatzenbeier explained the 1990 ked Ribbon campaign, held in conjunction with the MADD (Mothers Against Drunk Drivers). This program was to remind the public that drinking and driving do not mix. it was the intent of the Task Force to reach at least 80,000 people locally. Additional publicity for sober driving would be appearing on approximately one dozen Kitsap Transit buses. Distribution of the "red ribbons" would be through placement of about 200 counter top display boxes at various business locations and volunteers handing them out to Ehe public. Kitsap County Substance Abuse Prevention Program contributed $1,000 to help defray costs of this project. Mr. Hatzenbeler encouraged Council members to join in this promotion and passed out buttons and ribbons for their use. 6A- INTERLOCAL AGREEMENT KITSAP REGIONAL PLANNING COUNCIL, #AB90-291 The Kitsap Sub-regional Council of the Puget Sound Council of Governments is endeavoring to form a successor Kitsap Regional Planning organization to replace the PSCOG-SRC. The City Council has heard and discussed the issue several times. The PSCOG - Kitsap SRC has adopted the attached inter-Local Agreement and By-Laws for a new organization called the Kitsap Regional Planning Council. Ratification of the Inter-Local Agreement is being sought. Before receiving Growth Management Act Funds, a regional organization must be formed. Don Pratt, Director Of Community Development, stated the State Growth Management Act funds would be released when 60% of the local governments, who represent at least 75% of the population, agreed TAPE #783 City Council Reg. Mtg. Minutes November 20, 1990 Page 3 of 10 to a regional strategy. This was a numerical equivalent of what the State Department Of Community Development, after consultation with the cities and counties in the State, felt represented a consensus. If current Census figures were used, the City of Bremerton had approximately 19.98% of the population and represented alone 20% of the government. The City would not have a veto authority over the proposed growth management strategy. Additionally, to show what other veto coalitions could be, the City of Port Orchard had 2.9% of the population, Winslow had 1.5% and Pouisbo had 2.2%. if the adequate percentages necessary were not achieved, the State would endeavor to mediate the differences between the entities. They would, however, deduct the costs of mediation from the grant amount. Absent any mediated agreement, the cities and County are required, by State law, to come up with the planning documents mandated under the Growth Management Act, but would have to do so without State funds. Now, there was no hammer or enforcement mechanism to assure that the planning acts accomplished the proposed legislation implementing the Growth Management Commission, and called for withholding re~zenues from jurisdictions that do not meet the Growth Management Act schedule. Also, there was the possibility of a moratorium on Building Permits if those requirements were not met within the out years. Concerning the motion before the Subregional Council, the original inter-Local Agreement that was thought to work legally was one in which voting members were not elected officials but were representatives of the governments in the same proportion as identified in the proposed Agreement. However, Mayor Granato of Winslow at the last Subregional Council meeting, proposed a motion saying: "by July 1, 1991, the Council would adopt a Planning Council and that Council would adopt a voting structure which satisfied the proportional representation requirements of the recent Dwyer Decision. If agreement was formed, the inter-Local Agreement, shall De void". Mr. Granato also proposed that the Subregional Council pass a separate motion specifying by July i, 1991, the Council would adopt the voting structure for the Kitsap Planning Council to satisfy proportional requirements. Until that time, the intent was to Keep the same voting pattern. Mr. Pratt noted that motion carried unanimously. Currently, Subregional Council had taken action on the Inter-Local Agreement, and the State would not award grant funds until all adequate governments representing an adequate portion of the population agreed to it. if a substantial amendment was made to the Inter-Local Agreement, it would be out-of-order with the balance of the governments. if adopted, it would go to the next government for their action and when the State received an adequate number of endorsements they would award the funds. Public comment - none. TAPE #783 City Council Reg. Mtg. Minutes November 20, 1990 Page 4 of i0 Mr. Waibel questioned if he was correct in his understanding that at the last PSCOG-Subregional Council meeting there was a 9-0 vote to follow the Dwyer representation? Mr. Pratt stated he remembered stating "unanimously," and the meeting minutes he was reading from reflected that the motion was carried. President Horton pointed out there were three votes in opposition to that motion. Mr. Waibel stated based on that action and the action approving the proposed Agreement, was he correct that if Council modified the agreement and was not followed by at least 26% of the governments State funds would be held up? Mr. Pratt stated the State would not award grant funds unless the Inter-Local Agreement was endorsed by 60% of the local governments representing 75% of the population. He questioned if Council would accept wording such as "representatives" rather than "elected officials"? From his understanding of now the State was managing this grant program, that would be a relatively insignificant change as long as the principal of regional coordination was in place. Mr. Waibel questioned how many governments were in Kitsap County? President Horton stated there were five or possible six or seven if the Tribes prevailed in their attempt to be recognized as voting members. Don Pratt stated the Planning Council had been advised by the State that there were two deficiencies in the grant application: (1) lack of an Inter-Local Agreement of governments within the County; (2) Tribes were not included. Waibei questioned if the Tribes were included would that require four entities agreeing? Mr. Pratt stated it was his supposition that adequately including Tribes may not mean full voting representation but they needed to be part of the organization. Horning stated his vote was one of the dissenting votes at the Subregional level, however, he felt the agreement was acceptable with some modifications, which were discussed earlier. He supported the idea of including the Tribes in the Subregional Council. He suggested outlining the change that was previously discussed and to go ahead and ratify the agreement. Mr. Waibel suggested the following wording for Section 8 - Membership And Representation, Paragraph 3: "The Council will be comprised of nine members representing the participating jurisdictions: The three County Commissioners, representing Kitsap County; three representing the City of Bremerton and a member representing each of the cities of Winslow, Poulsbo and Port Orchard". Mr. Collins noted he supported Mr. Horning point on representation of the Tribes but questioned what would happen if this was included as part of Counci!'s signature to this agreement? President Horton stated she believed everyone agreed that the Tribes needed to have representation. What was not clear was whether the Tribes would have a vote on this proposal. A sub-committee of the Subregional TAPE # City Council Reg. Mtg. Minutes November 20, 1990 Page 5 of Council was currently working with the Tribes to determine what fair representation would be. She felt it would be best to not do something specific at this time. Mr. Waibel suggested that the Council could direct their representatives to make sure that the final document did include representation of the Tribes, as a separate motion. Mr. Johnson stated he would support the proposal as amended by Mr. Waibe!'s suggestion of changes to Section 8(3). However, he did want to register the fo3. lowing concerns: (1) under Definitions it stated that the Council shall mean the body of local elected officials, who had been appointed by their representative agencies. This appeared to be inconsistent with other sections of the Agreement. (2) Under the Budget Section - he questioned the fact that the budget would go to the County for adoption. If that meant the County giving their approval to include it in their budget, he had no problem with that, however, once the Planning Council approved the Administrator's budget that meant it was complete. noted Mr. Pratt was taking notes during this discussion and suggested that he prepare a letter, under President Horton's signature, reflecting comments made by the Council. Mr. Johnson noted another concern: (3) Section 6(1) - Planning Relationships - he questioned the meaning of the following sentence: "This plan is subject to review and revision by the Council and ratification by cities, County government as described in Section 5" (4) Section 8(7)- Planning Relationships - he questioned the purpose of the "general assembly", what powers did they have, what voting provisions, etc. President Horton stated that item was brought up by Mrs. Powers, of Port Orchard, who suggested there needed to be a gathering of members at least annually to discuss what direction the Council would be taking in the future. Mr. Johnson noted when someone had a "general assembly" meeting it could complicate the voting structure.President Horton stated she did not believe the intent was anything similar to what Mr. johnson described. Mr. Johnson stated he felt it was undefined, but did support gathering participants for discussions and sharing of ideas. Mr. Waibel noted a correction in numbering should be made on page 4 of the agreement: the item after #8 should be #9, not #7. He also pointed out that when the document referenced the County and/or Commissioners, they appeared capitalized and mayors and city councilmen were not. He felt it would be more appropriate to be consistent by capitalizing them all if any are capitalized. Mr. Colvin questioned how much would this proposal cost? stated the proposed first year budget was $80,000 - that would cover the period to june 30. Those funds would come out of the $344,000 that the County and cities had received for July 1, 1989, TAPE #783 City Council Reg. Mtg. Minutes November 20, 1990 Page 6 of 10 to June 30, 1990. The Governor was requesting a similar amount, $344,000, per year for the next three years. The proposed breakdown in the grant program did fund this entity !00%, however, some discussion had taken place that the cost of the administration function should be split by some other funds. For example, if membership pulled out of the Puget Sound Council Of Governments (PSCOG), a part of the dues to that multi-county agency goes to supporting a Subregional Council, and could be directed toward the proposed Planning Council. However, the current budget of the PSCOG goes away with the Subregional Council and directs those dues into the multi-county program, therefore, that would have to be amended or that would drop out. Transportation planning funds are available that currently are used through the PSCOG. If it was determined not to be a member of that body, those funds could be directed to which ever Council Of Governments desired and the three options leading the way are: (1) whatever replaces PSCOG, (2) Kitsap County as a COG all by itself. There are other regional functions that take place that could be combined and funding shared. Mr. Johnson questioned the meaning of the section that stated: "The cities will always be consistent with the County's Comprehensive Plan". He felt there should be a statement included which stated the "County should always be consistent with the City's Comprehensive Plan He identified two areas that he considered important to this issue, one being Kitsap Lake and the other was transportation planning. #0737 M/S/C/U(Waibel/Johnson) to approve the Inter-Local Agreement with modification to Section 8 (3): "The Council will be comprised of nine members representing the participating jurisdictions: The three County Commissioners, representing Kitsap County; three representing the City of Bremerton and a member representing each of the cities of Winslow, Pouisbo and Port Orchard." Mr. Collins stated he believed the Tribes should be included in the overall planning organization, Mr. Horning suggested having Mr. Pratt include Council's direction on this issue in the letter being prepared over President Horton's signature. Mr. Waibel urged Council to put their position on this issue in the form of a motion and include it in the letter. #1168 M/S/C/U(Collins/Colvin) that the Tribes are included in the in the Planning Council. 7A- ORDINANCE #4296 (SECOND READING) REVISING CITY PURCHASING PROCEDURES, #AB90-288 Public comment - none. TAPE #783 City Council Reg. Mtg. Minutes November 20, 1990 Page 7 of 10 #1215 M/S/C/U(Waibel/Colvin) to pass Ordinance #4296, on second reading, revising the procurement of materials, equipment and services by the City of Bremerton, and repealing Chapter 2.76 and Section 2.49.070 of the Bremerton Municipal Code. 7B- ORDINANCE #4297 (SECOND READING) ADOPTING MODIFICATIONS TO PARKING PROGRAM, #AB90-289 Kathi Johnston, Municipal Court Administrator, questioned if Council would change the wording, under Section 10.08.030, to identify specific holidays, rather than the wording "and other City holidays"? Ms. Johnston noted the City Attorney indicated that might be accomplished by referring to another B.M.C. Code section. Ian Sievers, City Attorney, suggested the following language: "Restrictions on parking, as set forth in this chapter, shall not be effective on Christmas Day, New Years Day, Thanksgiving Day, Fourth Of July and City holidays as set forth in B.M.C. 2.40.090 (a) (b). For the record, Mr. Sievers read recognized City holidays: (a) the first day of January (New Years Day); the third Monday of January (Martin Luther King's birthday); the third Monday of February (President's Day); the last Monday of May (Memorial Day); Fourth Of July (Independence Day); the first Monday in September (Labor Day); eleventh day of November (Veterans Day); fourth Thursday and Friday in November (Thanksgiving Holiday) 25th day of December (Christmas Day) and any other day designated by public Proclamation by the Chief Executive of the State is a legal holiday or as a day of thanksgiving; (b) whenever any legal holiday falls upon a Sunday, the following Monday shall be a legal holiday, and whenever any legal holiday falls upon a Saturday, the preceding Friday shall be a legal holiday. Mr. Waibel expressed concern when a holiday fell on a Saturday he wanted the holiday exemption to occur on that day as well as the Friday before. Del Knauss, Olympic Avenue, raised the question since Councilman Dawkins had a business in the downtown area, might there be a conflict of interest if he voted on this issue? Ian Sievers, City Attorney, stated there would be no conflict because it was not a quasi judicial hearing, but a legislative hearing and his interests and background was made public when the voters elected him. Mr. Knauss spoke to the Council as a tax payer, not as a Parking Advisory Committee member, sharing his concern that he did not support paying enforcement personnel overtime for Sunday enforcement in the Central Business District (CBD), which had only 4-5 businesses operating on Sundays. He reminded the Council these business people told the Parking Committee, the Planning Commission and the City Council that there was not a parking problem in the central business district and no parking requirements were needed in the CBD. Now, some businesses wanted the City to subsidize their business by requiring Sunday enforcement. With the City's tight budget, Sunday enforcement was too costly and irrational at TAPE #783 City Council Reg. Mtg. Minutes November 20, 1990 Page 8 of 10 this time. At the City Council meeting on August 8, 1990, Council President Lynn Horton stated: "exempting downtown property owners from any participation in parking and yet expecting the City to provide parking and enforcement for keeping commuters out of the downtown and residential areas was unfair to the rest of the community". From his own observation this past Sunday (a Seahawk game day)~ there was plenty of extra parking for everyone. He noted a week ago a downtown businessman gave testimony that his business increased when Sunday enforcement was implemented. Mr. Knauss questioned the validity of that statement since there had not been any Sunday enforcement by the parking regulators. He questioned, under Section 10.030 - Residential Parking, if parking restrictions were lifted on Saturday and Sunday tickets would not be given out during those times? Ian Sievers stated yes, the permits were not enforceable on Saturdays and anyone without a Residential Permit could park in those zones without the threat of enforcement. Kathleen McCluskey stated she recognized what Mr. Knauss was pointing out, but there was a recommendation to eliminate enforcement on Saturday at the request of the residents. Mr. Knauss suggested some type of wording be included that would allow the City to enforce Saturday parking if an area was impacted by commuters. Mr. Sievers stated the enforcement would have to be authorized through the ordinance and then it would be selective non-enforcement. Ms. McCluskey stated she believed this would be confusing for the resident as well as those parking in the area. Mr. Knauss stated concerning to enforcement in the Commercial zone, he suggesting adding wording: "Sunday shall be added when 30% of each blocks business are open Sundays and these blocks shall be posted 2-hour parking Monday through Sunday." Ms. McCluskey read into the record a letter received from S. M. Christensen, 419 Plum Street, criticizing the City's parking regulations. He related an incident where he parked in the downtown area for 15 minutes, then left that area but returned shortly after two hours had lapsed. After making a purchase, he returned to his vehicle and found a ticket for overtime parking. He felt this was unfair and unjust treatment for people who were trying to do business in Bremerton and that it would drive people away rather than encourage them to shop downtown. Mr. Collins suggested sending the ordinance back to the Parking Advisory Committee since a number of drastic changes had been discussed. He also viewed this ordinance as being somewhat fluctuating and anticipated future changes as parking conditions changed. Mr. Waibel stated he did not think changes to the ordinance could wait much longer and noted they did not change the intent of the ordinance. He would like to proceed at this time and direct the Parking Advisory Committee to come up with some wording that would allow some flexibility to address "selective" TAPE #783 City Council Reg. Mtg. Minutes November 20, 1990 Page 9 of 10 enforcement as needs change. Ms. McCluskey requested the following changes: (1) under Section 2, striking the wording "Visitor Permit shall be valid for no more than 14 days from date of issuance", as it was old language under the old ordinance. Under Section 10.09.080, fourth sentence should read: "No of a residential parking permit area .... " (2) Under Section 10.09.090, again changing "residents" to "residence" and including "guests" as valid users of a Visitor Permit. An area that she was still working on, was exemption of service or delivery vehicles in the business and commercial zones. They would be able to make multiple stops in zones, however, she might consider marking tires to identify abusers of that exempt privilege. President Horton questioned if Visitor Permits were abused, did the ordinance address a penalty for such abuse?Mr. Sievers stated that would have to be established through another ordinance. Mr. Colvin requested that Mr. Christensen be given an answer to the questions raised in his letter, with a copy sent to him. #2059 M/S/C(Waibe!/Coliins) to pass Ordinance #4297, on second reading, with the changes as outlined in "green" and the change to the holiday exemption as identified by the City Attorney. Vote: In Favor: Colvin, Johnson, Estes, Horning, Waibel, Collins Horton Abstain: Dawkins Mr. Johnson suggested that the Parking Advisory Committee look into the number of "meter hoods" available, that may be used by some of the downtown businesses. He suggested looking into raising the break point for charges to 4-5 hours for long term parking. He felt the 3-hour break point made it somewhat unfair for those who might be working a 4-hour shift at the Shipyard having to pay for !0-hour parking. He had received some complaints relating to parking pay boxes located along Burwell and requested that someone look into this to make sure they are appropriately spaced. With no further business the meeting was adjourned at 6:43 PM. TAPE #783 City Council Reg. Mtg. Minutes November 20, 1990 Page 10 of 10 KATHLEEN McCLUSKEY, CITY CLERK APPROVED LYNN HORTON, Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault