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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 TAPE #719 City Council Reg. Mtg. Minutes March 21, 1990 Page 2 of 6 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 TAPE #719 City Council Reg. Mtg. Minutes March 21, 1990 Page 3 of 6 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 TAPE #719 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 TAPE #719 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 TAPE #719 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 KLM/LH/me cc: Normal Distribution File/Vault