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HomeMy WebLinkAbout10/17/90OCT'S1 1990 TAPE $776 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES $0019 $0031 OCTOBER 17, 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, Wednesday October 17, 1990 at 5:30 p.m., with Council President Lynn Horton presiding. Council members present were: Lon Overson, Wayne Estes, Spencer Horning, Hank Waibel, Morrie Dawkins, A1 Colvin, Russ johnson and C. R. "Tiny" Collins. Also present were City Attorney Ian Sievers and City Clerk Kathleen L. McCluskeY- The meeting opened with the Pledge of Allegiance led by Council President Horton Invocation was given by Reverend Rebecca Clark of the Unity Church- CONSENT AGENDA A. Minutes Of Meeting - October 3, 1990, #AB90-269 M/S/C/U(Dawkins/Waibel) to approve 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 which has been made available to the council. M/S/C/U(Colvin/Waibel) on October 17, 1990 the Council does approve for payment those vouchers included and further described as follows: 118179 - 118182, 118184 - 118189, 118191, 118193 through 118350 in the total amount of $236,531.66- COUNCIL MEMBER REPORTS Mr. Ove[son reported the meeting with the Kitsap County Commissioners, held on October 16, went very well. Mr- Estes announced there had been requests from citizens within the community for names of military service personnel from this area, who were serving in Desert Shield, Saudi Arabia. He strongly supported organizing an effort to get letters, photographs, newspapers, magazines, etc., mailed to these military service people. If citizens would like to submit names of service personnel to receive such correspondence, they could call the Council Office, Mr. Estes ~h~nn ~haolin of the Bremerton TAPE #776 City Council Reg. Mtg. Minutes October 17, 1990 Page 2 of 8 Serviceman's Center - 206 Burwell Street. He suggested using newspaper print for packing materials if packages were sent to the servicemen. Mr. Horning reported he attended the Growth Management Symposium and the City of Bremerton was well represented at that event. Of the nine segments of the Symposium, four were led by the Mayor and City Council members. He felt it was a marvelous opportunity to be heard and to be part of the community. Senior City staff was represented throughout the program and did an excellent job. In reference to a news article in The Sun regarding Mayor Mitchusson's offer to welcome Olympic College to Poulsbo, he assured the public that there was no dissent between the City of Bremerton and City of Poulsbo over this issue. He stated he was proud of Olympic College and hoped they would retain their main campus in Bremerton. This Council, Mayor Mentor and Olympic College were meeting and discussing issues, moving forward on ways that would be of benefit to all. He artended the Council Of Governments' retreat in Seattle, where the City of Bremerton and Kitsap County were heard and did not give in to regional fighting with King County/Seattle. Mr. Waibel noted a lot of meetings were being held that would be laying the ground work for things to come in the future. Mr. Johnson reported that Bremerton community Access Television was now producing a newsletter. He was amazed to learn, through the newsletter, about the number of programs they are producing and future plans for further development. Thursday evenings were to be set aside for live and special programming. He also enjoyed the Growth Symposium and felt it was a good opportunity to put issues out on the table whether or not they were popular. He noted there was one thing he felt was missing in the process, particularly in the area of growth management, that was how to obtain the consensus of the people not only in Bremerton but throughout the County as to how much growth or sprawl was acceptable. The National Veterans Cemetery proposal continued to get broad base community support. Mr. Colvin reported on a recent article, which described the new Video Arraignment Program recently implemented in the City of Bremerton Municipal Court system. He referenced a recent letter from Municipal Judge Rainey to Mayor Mentor that addressed the City Council's recent action through a motion made by Councilman Johnson and seconded by Mr. Colvin, relating to an amendment to the Noise Ordinance, that was outside of the authority granted to the City Council through TAPE #776 City Council Reg. Mtg. Minutes October 17, 1990 Page 3 of 8 the City Charter. Mr. Colvin welcomed a review of the City Charter and hoped that an ad hoc committee would be organized to make such a review. Mr. Johnson stated the Judge was entitled to his opinion. Mr. Colvin reported that Mayor Mentor had placed a Suggestion Box in the lobby of City Hall and hoped that anyone who had a suggestion for the City would submit it. Mr. Dawkins stated the Admiral Theater Foundation group was looking for more volunteer help in cleaning out the Admiral Theater building - a work party was set for October 27. President Morton stated the Foundation had asked if Council would be interested in taking on some kind of project, as far as the clean up effort, which would show Council's spirit. Mr. Collins stated this week he received some information on Initiative 547. He felt this was something that would have a greater affect on people in Kitsap County than anything that had come out in many years. The title of the bill was rather misleading and all that it said was "should there be controlled growth?". He felt it had a much deeper meaning and strongly recommended that each person look at all of the written information either in the Voter's Pamphlet or the literature mailed out to the residents. Mrs. Horton stated she also attended the Growth Management Symposium and noted Bremerton had a strong presence at that event. There were recurring themes mentioned, not only by Bremerton, but by the rest of the County and public who attended. They stressed inter-jurisdictional cooperation, talked about having cross pollenization County/City Planning Commission, so that a better idea could be determined how they were impacting each other and how to work better toward joint cooperation in the future. They also discussed the need for establishing some viable and common sense growth boundaries and determine how to serve the people within those boundaries. There was consensus among everyone there that they wanted to maintain the liveability of Kitsap County, to make sure the cities were strong and to preserve the rurality that exists today. PUBLIC RECOGNITION Mayor Louis Mentor announced there would be a public presentation on Initiative 547 immediately following the City Council meeting on October 24, which would be sponsored by Bremerton Main Street Association. During that same presentation the City's two bond measures would also be discussed. These two issues would also have other media advertising in order that the public would be well informed. #0767 TAPE #776 City Council Reg. Mtg. Minutes October 17, 1990 Page 4 of 8 In response to the new Suggestion Box he placed in the lobby of City Hall, so far he had not had much response as of this date. Joyce Whitehead, representing Boy Scout Troop 1523, introduced members of that troop and noted they were attending the City Council meeting in order to earn their Citizenship In The Community Merit Badge. ~_,.7 ORDINANCE (FIRST READING) A NEW CHAPTER ADDED TO TITLE 10 OF THE BREMERTON MUNICIPAL CODE TO PROHIBIT THE OPERATION OF ~OMPRESSION BRAKES WITHIN THE CITY, #AB90-272 Compression brakes, also known as "jake brakes" or "Jacobson brakes" are operated by the compression of a motor vehicle's engine, and produce a loud noise as the compressed air escapes. The proposed ordinance is designated to protect the public peace by prohibiting the use of compression brakes within the City, except in the case of an emergency or where necessary for the protection of life or property. Public comment - none. Mr. Estes gave a brief explanation of the operation of compression brakes and the noise problem that they generated when used. Recently, he had received several complaints from citizens regarding large trucks traveling City streets and using their compression brakes. He noted this would probably be something that the Police would not want to enforce, however, signs would be posted at the City Limits stating "no jake brakes/compression brakes would be allowed within the city". M/S/C/U(Collins/Colvin) to approve Ordinance, on first reading, prohibiting the use of compression brakes in the City, except in emergency situations; providing penalties therefor and authorizing the City Engineer to post appropriate signs and adopting a new Chapter to Title 10 of the Bremerton Municipal Code. 6A - ORDINANCE (FIRST READING) AMENDING CERTAIN SECTIONS OF THE BREMERTON ZONING ORDINANCE THAT PERTAIN TO DEFINITIONS, SIGNS AND PLANNED UN_~T DEVELOPMENT, #AB90-270 As part of the 1990 Zoning Ordinance review process, a number of proposed amendments have been processed and brought to the City Council with recommendations for approval from the Planning Commission. The Council conducted a public hearing on September 5, 1990, to consider amendments to Chapter III (DEFINITIONS), Chapter VI (PLANNED UNIT DEVELOPMENT) and Section 18 of Chapter IV (SIGN PROVISIONS). Those proposed #0852 TAPE #776 City Council Reg. Mtg. Minutes October 17, 1990 Page 5 of 8 amendments were approved by the City Council, with some minor adjustments, and are now being returned in ordinance form for adoption. Ron HourLy, Planning Manager, stated this Ordinance formalized the changes the City Council had already approved relating to the designated topics. He announced the Planning Commission concluded its final public hearing on the final group of changes, which would then be coming to the Council within the next two weeks for a Study Session and then a public hearing. Public comment - none. Mr. Dawkins commended the efforts of those who volunteered to serve on the Planning Commission and other Boards and Commissions of the City. Mr. Johnson questioned if wording had been included to address his concern relating to large billboards in the City and their eventual elimination? Mr. Hough stated billboards and signs that were larger than those now allowed could be dealt with through the amortization process, if an Amortization Program was established, aimed at certain types of signs or non- conforming signs in certain parts of the City, such as the Central Business District. Mr. Johnson questioned if the City Council was the body to establish an Amortization Schedule? Mr. Hough stated that was defined in the ordinance - the City Council or the Planning Commission could initiate such action. He felt Council could direct, through the Mayor, that action as a special project for the Planning Department to develop such a schedule. M/S/C/U(Dawkins/Horning) to approve Ordinance, on first reading, amending certain sections of the City of Bremerton, Washington, that pertain to Definitions, Signs and Planned Unit Development 6C - RESOLUTION #2324 - PUGET SOUND AIR POLLUTION CONTROL AGENCY, #AB90-272 This resolution was drafted and presented to the Puget Sound Air Pollution Control Agency (PSAPCA), at the direction of Council at their 10/10/90 meeting. It is now presented for ratification. President Horton stated the direction of the PSAPCA meeting went such that she did not present the Resolution as previously planned. The reason she did not present the Resolution was due to the fact that they did not make any changes to the existing Wood Smoke Program, except for TAPE #776 City Council Reg. Mtg. Minutes October 17, 1990 Page 6 of 8 adopting legislation that Washington State passed last year. At the beginning of the meeting, they received a determination from PSAPCA°s legal counsel that board members were effectively prohibited from speaking to constituents pertaining to this issue. It was at that point, she let them know she had spoken with City's legal counsel, who refuted what PSAPCA' legal counsel stated. She told that group if they were to be held by that, then there needed to be public hearings held in each of the four counties prior to any change in policy. At that time, it was recommended that no change be made to the policy direction from education to banning wood stoves, but to adopt what Washington State Legislature had passed with the further proviso that if there was anything that was left up to interpretation, staff would obtain firm direction from the Legislature as to what the intent of that legislation was. And, before that legislation would be enacted, staff would come back to the Board for approval to go ahead with a change in legislation. The members of the board additionally directed staff to meet with the various groups, in the audience at that meeting, to come up with short and long term components of a Wood Smoke Program (City's Resolution pertained to the Wood Smoke Program). Up until that time, there was a grave lapse in communication and the public was upset that PSAPCA would pass rules and regulations without the public being heard. Therefore, that was why she brought up the Resolution, which indicated what the Council wanted; and by formally adopting a Resolution she would then have some ammunition to take to the PSAPC Board meeting to help in determining the direction to go. Public comment - none. Kathleen McCluskey, City Clerk, read Resolution #2324 into the record. Mr. Collins felt, from the standpoint of a Kitsap County citizen, happy to see the Resolution developed and hoped it would provide some control over some starried eyed individuals from going crazy. Mr. Johnson expressed dismay over what PSAPCA's legal counsel stated relating to public input. He was of the mind that one of the most important things to do on important issues was to get public input to help make good decisions. He questioned if the City's legal counsel would contact Municipal Research and request a formal written opinion on that determination? President Horton stated they did direct staff to contact the Attorney General's office for an opinion on the PSAPCA's legal counsel's opinion. Ian Sievers, City Attorney, questioned who TAPE #776 City Council Rego Mtg. Minutes October 17, 1990 Page 7 of 8 was the legal counsel for PSAPCA? President Horton stated it was Keith D. McGoffin, who was an independent counsel under contract to the agency. Mr. Dawkins questioned the number of people who attended that meeting? President Horton stated the public testimony lasted for 2 1/2 hours. She did not want to make light of the health problems caused by the smoke density, but whatever rules and regulations that were passed needed to have common sense, to let the public in on the informational process and done in a phased in manner so that the economic impacts didn't adversely affect certain economic strata. Mr. Colvin questioned if other cities were turning in similar Resolutions? President Horton stated no. Mr. Colvin questioned how much force did a Resolution carry? Mr. Sievers stated it showed a common objective or consensus of opinion for this City, who speak for the electorate, which was a significant population group. Mr. Colvin questioned if it would be in the City's best interest to encourage other cities to submit similar Resolutions? President Morton stated yes, however, she noted her views were somewhat radical compared to others serving on the board. Mr. Morning stated there was a problem if people thought by controlling everything in King County that should be good across the State of Washington. Kitsap County's air currents and air condition were not equal to King County in any fashion. They assume that a problem they experience would affect Kitsap County the same way. Me believed they had gone way to far and to quick and what they proposed was not the popular solution to the problem. No one supports poor air - what we are saying is that King County can't say everything they do was right for Kitsap County. It was his feeling that pollution from automobiles in downtown Seattle was far different than that experienced in Kitsap County. He commended President Horton for her strong representation on this board. Mr. Waibel stated one of the things this group was missing was that they needed to encourage technologies that clean up the problems that current wood stoves create; and some of that technology was already available. There was absolutely no recognition in anything they do, relating to use of pellet stoves or other types that were less pollutant, or the encouragement of further development of technologies. He suggested adding wording to the Resolution addressing that issue. #1605 TAPE #776 City Council Reg. Mtg. Minutes October 17, 1990 Page 8 of 8 Mr. Johnson pointed out that PSAPCA seemed to be only interested in the quality of the air and had not considered the impact of the crisis in the middle east and the increase in price of home heating fuel. This would affect a lot of people on border line incomes, particular the poor and elderly. Mr. Waibel noted attempts to disguise the smoke may create some real problems, such as having BBQ's in the house, which could kill people. President Horton stated PSAPCA also failed to recognize oil and gas were fossil fuels and some people burn coal, which all bring about an adverse affect on the ozone layer. Mr. Horning urged the Council to pass the Resolution at this time in order to send it off to other jurisdictions in advance of future PSAPCA meetings, which may provide some additional force. He suggested that the maker of a motion might allow Mr. Waibel and Mr. Sievers to write over Council's passage and signature a comment relating to Mr. Waibel's suggestion. M/S/C/U(Horning/Colvin) to approve Resolution #2324, regarding Air Pollution Control Standards and to allow the addition of "Item #5" to be worded by Mr. Waibel and Mr. Sievers and a copy of this Resolution be mailed to all members of the four county region. With no further business meeti adjo ed at 6:23 p. . ty C1 LYO~NHORT~N, Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault