HomeMy WebLinkAbout03/21/90COUNCIL
APR 4-1990
TAPE #719
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
~0005
#0012
MARCH 21, 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 March 21,, 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, C. R. "Tiny" Collins, A1 Coivin. Councilman Russ
Johnson 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 Horton Invocation was given by Reverend David Biles of
St. Lukes Methodist Church.
CONSENT AGENDA
A. Minutes Of Meeting Held - March 7, 1990, #AB90-049
M/S/C/U(Waibel/Estes) to approve Consent Agenda as amended.
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/Dawkins) on March 21, 1990 the Council does approve
for payment those vouchers included and further described as
follows: 106657, 106983 through 107097 in the total amount of
$599,846.48 and Regular Payroll in the total amount of $348,644.00.
COUNCIL MEMBER REPORTS
Mr. Colvin related an interesting experience - he and his family
auditioned for the Family Feud TV Program. And, since he is so
interested in Bremerton he invited program personnel to hold future
interviews in downtown Bremerton.
Mr. Dawkins pointed out the passenger-only ferry services is due
to have a preliminary run on April 20 and he anticipates their
being on a full schedule the following Monday.
Mr. Estes announced the SubVets, which is a submarine veterans
organization, is the first veterans group to volunteer to adopt an
area at Ivy Green Cemetery to care for and help improve the
Tomb Of The Unknown Soldier. Mr. Estes noted this group is made
up of all enlisted men and he challenged any of the Wardroom
personnel to join in with this worthwhile project. In regard to
"slum landlords", he noted he was getting some help from the
Legislature in helping to develope stricter housing code
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City Council Reg. Mtg. Minutes
March 21, 1990
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requirements State-wide. The Ethics Committee is working on a new
draft of the Ethics Ordinance and should have a copy out to the
Union representatives, staff members and employees within six
weeks.
Mr. Horninq reported the Chamber~ After Hours held at the Admiral
Theatre last Thursday was very successful. Last weekend he had the
opportunity, with his family, to visit Langley, WA, and viewed
their enhancement of their downtown area. He looks forward to
Bremerton's turn to experience the new construction and
improvements in ~he downtown area.
Mr. Waibel reported on Saturday, March 17~ he participated in the
clean up effort on Washington Street from 1st to 4th, 4th Street
to Pacific and Pacific Avenue. He acknowledged other clean up
participants: Satia Goff, ian Kirk, Lavern Meyer, Carol AEkinson,
Don Atkinson, Earl Riggs, Janice McKee, G. Spratt, R. Nickerson,
Carl Aabug, Marilyn Waibel, Heather Hamilton, Holly Hamilton,
Hillary Hamilton, Diana Carty, Nadeen Kennedy, Darlene Herrmann,
Wayne Booth, Mike Cerrins, Donald Evimmins, Hazel Colvin, Amanda
Michdlar, Matt Lindell, Barbara Maimborg, Mr. & Mrs. John Malone,
Nancy McMiilian, Bill McMiliian, M. Teresa Mastro, Paula McNule~
Lucca Ciough, Paul Schmidt, Karen Flynn, Susan Maimborg, Connie
Devaney, Terrier Rottler, Kim Gilmore (groups represented:
Bremerton Main Street Association, City Staff, Kitsap County
Auditor, Cub Scout Pack 505, Kiwanis). He noted the Silverdale
Chamber of Commerce has volunteered to help in Bremerton's clean
up, however, he was not aware if the Bremerton Area Chamber Of
Commerce had volunteered in any way to assist in this endeavor.
Mrs. Horton stated the Parking Committee met March 20, with two
representatives from PSNS Unions in attendance and their interest
pertained to the new enforcement of the parking regulations, which
went into effect this week. The Committee passed a motion
indicating that the Mayor, Council and Parking Committee intended
to provide adequate warning, i.e., issuing warning tickets as well
as media public announcement. which did not happen. The
Committee's motion included petitioning Municipal Court to waive
those tickets pertaining only to the new ordinance. There will be
a press release issued to inform the public what to expect as far
as following the laws of the new Parking Ordinance. Also, she
announced City Council Agenda packets are available to the public
every Friday afternoon at City Hall or the main and downtown
branches of the Kitsap Regional Library. If anyone has any
questions regarding availability of Council Agenda
Packets/information, they may contact Council's Legislative
Assistant at the City Council office (478-5280).
PUBLIC RECOGNITION - None
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City Council Reg. Mtg. Minutes
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6A - ORDINANCE (FIRST READING) RELATING TO OUTDOOR FIRES AND THE
FIRE ALARM CODE, #AB90-038
The proposed ordinance prohibits some types of fire that are
currently permitted and incorporates some pollution control
requirements of the Air Pollution Control Board. The proposed
ordinance sets out a more efficient system for issuance of fire
permitsr and specifies the purpose and general standards of the
1977 Fire Alarm Code. Finally, sections pertaining to violations
and penalties are removed as they are addressed in other
ordinances.
Gre~ Finke, Fire Marshal, handed out to Council members some recent
information from the Air Pollution Control Board. He noted what
the requested action would accomplish would be to bring the City's
Fire Ordinances and burning regulations into alignment and
compliance with State regulations.
Public Comment invited - none received.
Mr. Dawkins questioned if all of the articles are included in the
Ordinance or would Council be adopting them by reference? Mr.
Finke stated basically the Ordinance has been rewritten to reflect
the changes as presented. When rewriting the ordinancer emphasis
was placed on making the wording more understandable so that people
would not be confused. Mr. Dawkins questioned if a penalty clause
was included? Mr. Finke stated the Bremerton Municipal Code does
have a Penalty Code and would apply if this ordinance is passed.
Mr. Colvin questioned if the ordinance was implemented what
opportunity would the public have to become familiar with its
content? President Horton stated if the ordinance is adopted it
will be published in the newspaper before it becomes law. As the
ordinance is presented it still allows citizens to burn yard waste.
Mr. Estes stated he had a problem with the definition of a "ring
of rocks" and questioned if it should be more specific as to size~
etc.? Mr. Finke stated in reference to a "ring of rocks, etc.~
or other similar means of containing fires"r they are assuming the
rocks would be large enough to properly contain the fire. And, the
key word in this regard is "contain" when referencing containing
fires. It was their intent to keep the wording such that it could
be easily understood and it was his feeling that most people do
think of a "ring of rocks" as a camp fire. President Horton stated
it would be her feeling that the only reason someone would be cited
would be if fire containment went outside of the "ring of rocks"
Mr. Finke did note that the "ring of rocks" would have to be
capable of controlling the fire created and that would be the
#0760
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City Council Reg. Mtg. Minutes
March 21, 1990
Page 4 of 6
responsibility of the person building the fire. Mr. Waibei
suggested amending Section 4, BMC 18.08.070 as follows:
Provided, this section shall not prohibit barbecues or recreational
fires adequately contained in a fire pit, ring of rocks ....... ".
Mr. Collins stated from his point of view the sentence stating:
"Barbecues or recreational fires which are not contained in a
commercially manufactured barbecue device may not exceed four feet
in diameter, may not burn within ten feet of any combustible
material ..... " states it clearly and the wording just prior to
this statement could be eliminated.
Mr. Overson requested Mr. Finke to explain the document's
authority? Mr. Finke stated basically it is the regulation
promulgated by the Puget Sound Air Pollution Control Agency and as
such they are the State regulatory agency and the document reflects
what the City must follow. There is no option to not abide by
those regulations. Mr. Overson questioned if the City Attorney
agreed that an Agency has seniority over Municipal Code and that
this has the same affect as the Washington State Code? Mr.
Sievers, City Attorney, stated yes, it does have authority in this
case. Mr. Overson requested explanation of "Bremerton Fire
Department and/or Bremerton Police Department activity" in the
enforcement process. Mr. Finke stated the reason a Burning Permit
is issued is that on the permit itself is the listing of burning
requirements. This provides the vehicle to place the regulations
into the hands of those who wish to burn. The vehicle for
enforcement, through the Bremerton Municipal Code, Chapter 1
stipulates the requirements for citations, etc., and if the
violation were severe enough the Fire Department could pull the
permit and most likely a citation would be written. Mr. Overson
questioned if there was any requirement of the Bremerton FIre
Department to seek out violators? Mr. Finke explained no - it
would be handled on a complaint basis and upon receipt of such a
complaint they would make an investigation. Mr. Overson questioned
if there would be any budgetary impact on the Fire Department if
the Ordinance was passed? Mr. Finke stated no, not any more than
what they are already handling with the permit system.
Mr. Hornin~ stated it appeared he would be allowed to burn natural
vegetation on his beach. Mr. Finke stated yes, as long as he was
within the 4 foot high pile regulation. And, the reason for the
height/size restriction is due to past history of the Fire
Department having to respond to beach fire calls, especially at
night.
M/S/C/U(Waibel/Horning) to approve Ordinance, on first reading,
revising Chapter 18.08 of the Bremerton Municipal Code, regulating
permissible and prohibited burning and the issuance of fire
permits; and amending Chapter 18.12 relating to the purpose and
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City Council Reg. Mtg. Minutes
March 21r 1990
Page 5 of 6
standards of the Fire Alarm Code.
6B - RESOLUTION #2291, SETTING HEARING DATE FOR THE VACATION OF
STEWARD AVENUE ABUTTING TRACT 7 OF MANETTE VILLA TRACTS, APPLICANT:
JAMES AND DELORES FITZWATER, #AB90-50
The City Council is being requested to hear an application for the
Vacation of a portion of Stewart Avenue, a 30 foot wide, 225 foot
long portion of undeveloped right-of-way, east of and adjacent to
838 Sheridan Road.
Title 35 R.C.W., Chapter 35.79, requires "....legislative authority
by resolution shall fix a time when the petition will be heard and
determined by such authority or a committee thereoff which time
shall not be more than sixty days nor less than twenty days after
the date of the passage of such resolution.
Public comment invited - none received.
Mr. Collins questioned when was this land declared surplus? Ian
Sievers, City Attorney, stated it is right-of-way and the process
of vacation is the process of declaring it surplus as a right-of-
way. Mr. Collins stated he remembered a long computer listing of
properties, which the City owned, that had property street ends,
etc., and identified as the City's surplus property list; however,
he did not remember this piece of property being included on that
list. Kathleen McCluskey, City Clerk, stated the street ends
included on that list were those that were large enough to be
either developed or be used by adjacent property owners; and they
have never included rights-of ways in that process. Mr. Collins
pointed out this particular piece of property is fairly large...30
ft. wide by 220 feet long. Mr. Overson stated it was his
understanding it was 22 ft., by 30 feet. Mr. Collins questioned
if an appraisal had been made on the subject property? Ms.
McCluskey stated she did not know if an appraisal had been doner
however, typically the City would not spend money on that until it
was known whether or not the property was surplus. Once a hearing
date is set, the adjacent property owners will be notified of the
public hearing. Mr. Overson pointed out that the discussion of
this issue should be restricted to just setting the hearing date.
~#0904
M/S/C/U(Colvin/Waibel) to approve Resolution #2291, setting hearing
date of April 11, 1990, for the vacation of Stewart Avenue abutting
Tract 7 of Manette Villa Tracts.
6C - RESOLUTION #2292, SETTING HEARING DATE FOR THE VACATION OF A
PORTION OF THE UNNAMED, UNDEVELOPED RIGHT-OF-WAY ON THE EAST SIDE
ACROSS FROM AND 160 FEET SOUTH OF DIBB STREET, APPLICANT: RONALD
AND LILLIAN ROSS, #AB90-051
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City Council Reg. Mtg. Minutes
March 21, 1990
Page 6 of 6
The City Council is being requested to hear an application for the
vacation of an unnamed, undeveloped right-of-way located along
Wheaton Way on the east side across from and 160 feet south of Dibb
Street.
Title 35 R.C.W., Chapter 35.79, requires "....legislative authority
by resolution shall fix a time when the petition will be heard and
determined by such authority or a committee thereof, which time
shall not be more than sixty days or less than twenty days after
the date of the passage of such resolution.
Public comment invited - none received.
#0961
M/S/C/U(Waibei/Horning) to approve Resolution #2292, setting
hearing date of April 11, 1990, for the vacation of a portion of
the unnamed, undeveloped right-of-way intersecting Wheaton Way on
the east side from and 160 feet south of Dibb street.
With no further business meeting adjourned at 6:30 p.m.
~HLEEN ~.
APPROVED
CiTY CLERK
L~~NHOR~ON, Council
City of Bremerton
President
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