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HomeMy WebLinkAbout06/14/89 TAPE ~646 UNAPPROVED DRAFT CITY COUNCIL MEETING MIN~3TES JUNE 14, 1989 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 14, 1989 at 5:30 p.m., with Council President Spencer Homing presiding. Council members present were Lon Overson, Shirley Marry Crutcher, Lynn Horton, Hank Waibel, Morrie Dawkins, C. R. "Tiny" Collins. Councilmen A1 Colvin and Russ Johnson were absent. Also present were Assistant City Attorney Laura Anderson and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Horning and Invocation was given by citizen Roy McInnis. CONSENT AGENDA - None CLAIMS/WA/~RANT 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(Crutcher/Waibel) on June 14, 1989, the Council does approve for payment those vouchers included and further described as follows: 43818 through 43960 in the total amount of $100,687.06. COUNCIL MEMBER REPORTS Mr. Collins questioned if action had been taken to look into the matter he brought before Council last week regarding safety of ferry pedestrian traffic? President Horninu explained he was in contact with Jeff Hosea, ferry commuter, who would be bringing suggestions and ideas to the Council meeting immediately following arrival of the 6:00 PM ferry from Seattle. Kathleen McCluskey, City Clerk, reported the petition was forwarded to Mayor Lobe and the City's Traffic Commission. Mr. Overson reported Fiscal and Budget Committee met this week and discussed the budget session for 1990 and the calendar is running and a schedule has been prepared. The first element of the schedule is Council's Goals and Objectives to the Mayor to be submitted by the end of June. Mr. Crutcher stated he covered quite an area of his neighborhood this past weekend. He met with a group of concerned citizens today about conditions of streets near the Ferry Terminal and felt City staff was already aware of and looking into the problems cited. Mrs.'Horton reported she attended another Air Quality meeting last week where the budget was discussed for 1990 and was approved with a 3 1/2 cent per capita increase which will come out of the City's General Fund. She noted she voted against this proposal but the majority of the members voted in favor. As part of the discussion effort will be made next year to have the State Legislature share in more of the financial burden. Also in August the City may be hosting Air Quality's monthly meeting at which time they will discuss the "Burn Ban". Today an Operations Committee meeting was held and discussion centered around the viewing platform that is scheduled for removal within two weeks - a relocation place must be determined and a funding source identified. The Operations Committee will be making a recommendation on a proposed site and she hoped Fiscal and Budget Committee will also be making a recommendation. Mr. Waibel reported he attended the Ground Breaking ceremony last TAPE #646 City Council Reg. Mtg. Minutes June 14, 1989 Page 2 of 7 Friday for the renovation of the sewer system along Burwell. He noted this will involve some street closures over the next 2-3 months, but will provide substantial improvement to the superstructure for development in the downtown area. The City is taking National recommendations in terms of trying to improve traffic safety by doing some things with crosswalks in certain areas that may provide a sense of security that is not there. A crosswalk has been removed from an area which has caused some concern and Mr. Waibel requested Mr. Baker, City Engineer, to explain why the program is in place. Dave Baker, City Engineer, stated at any intersection all four legs are legal crosswalks unless it is signed not to cross. The reason the policy, in effect for a long time, was enacted is that there have been a number of nationwide and local studies that indicate with a marked crosswalk people tend to feel safer; and we don't want people to feel safer when they walk out into traffic. Therefore, the crosswalks are being allowed to diminish or actually be eliminated except at places where there are signals, stop/walk for the crosswalk itself creating the stop bar to show vehicles where they are to stop be maintained at signals, at mid-block crosswalks, such as in front of J.C. Penneys, City Hall, Value Giant, etc., will be maintained where there is a long distance between intersections. Crosswalks that are official school crosswalks designated by the School in conjunction with the City Engineering Department will be maintained. Studies have indicated that there are far more injury accidents between pedestrians and vehicles in a marked crosswalk than in an unmarked crosswalk. There is a cost involved in maintaining crosswalks and if they are not maintained to a certain degree of proficiency then the City is at fault for not maintaining them. Mr. Overson questioned if his understanding of elimination was the actual removal of the markings and not just covering with black tar? Mr. Baker stated the intent is to remove them totally. Mr. Overson questioned if it was not a requirement that vehicles stop for pedestrians in a crosswalk? Mr. Baker stated drivers are supposedto stop for pedestrians in a crosswalk whether or not it is marked. Mr. Homing announced today is FLAG DAY and he participated in ceremonies sponsored by the Chamber of Commerce. Yesterday the City signed into acceptance the State Housing Finance Program - a one million dollar set-a-side for first time home buyers in West Bremerton. He noted this is a significant signing and for those in the target area of West Bremerton to contact the City, give your bankers a call and ask about the set-aside money. It is just one more program to encourage people to reside on the west side of Bremerton. PUBLIC RECOGNITION Kathleen McCluskey, City Clerk, read a Proclamation recognizing members of the Soroptimist International of Bremerton and the programs and services given to the citizens of Bremerton; with Mayor Gene Lobe proclaiming the week of JUNE 18-24 as SOROPTIMIST INTERNATIONAL WEEK. Nora Lent, Soroptimist member, accepted the Proclamation and stated the Soroptimist group has been in existence for 45 years and continuing to serve the community. The main local project they are involved in is working with the City's Parks Department to develop a "park for a11" (old NAD Base). They have donated funds for playground equipment which will handle and serve handicapped people. And to her knowledge there is no other playground where this kind of equipment is available. Mrs. Lent also invited Council members to join the group for installation of officers and celebration of their 45th Birthday, next Tuesday, at the Silverdale Hotel. Mr. George Alan, 1300 Dawn Road, expressed concern over recent action taken by the City Council to acquire a Puget Power owned TAPE #646 City Council Reg. Mtg. Minutes June 14, 1989 Page 3 of 7 the history of the building, such as where it hooks into the sewer. President Hornin~ stated he would forward Mr. Allen's inquiry to the Utility. Mr. All.n cautioned the Council about moving the City Engineer's office - he referenced the City Charter which states the Engineering Department will be housed in City Hall (Section 27, Article 4, page 13). 6A - INTerGOVERNMeNTAL AG~R~M~NT - CENCOM CONTRACT FOR MAINTENANCE AND ~KPAIK, 9AB89-159 President Horning and Councilman Waibel stepped down due to their serving on Cencom Board Of Directors. Acting President Lon Overson took over the meeting. A maintenance and repair contract is provided for the period 6/18/89 to 9/17/89. The old contract was continued while negotiating the new proposed contract. The difficult point was the hold harmless language required by the City holding us harmless for acts of our technician. The Council of Governments Traffic Safety Board agreed to the enclosed contract for a three month period and directed that CenCom move to hire their own technician during that period of time. City staff and the Mayor support that approach. Kathleen McCluskey, City Clerk, stated the two issues were the hold harmless language - the technician works full time for Cencom is contracted by the City and it was desired that Cencom take full responsibility for that position because they direct him in his responsibility and the City has very little involvement. The other issue was sales tax - in the old contract Cencom paid the City $5,000 per month but the City had neglected to collect sales tax and that is now included in the proposed contract so that Cencom will be paying sales tax, not the City. ~ noted the contract was for only a three month period in order to give Cencom time to go through the hiring process to obtain their own full time technician. #0636 M/S/C/U(Collins/Dawkins) to approve Intergovernmental Agreement for the period of 6/18/89 to 9/17/89. President Horning and Councilman Waibel returned to the meeting. 6B - CLOSURE OF THE EAST END OF VAbbKY DRIVE, ~AB89-160 Residents along Valley Drive have petitioned for closure of the east end of the street. The portion proposed for closure is narrow with inadequate sight distance at the intersection with Marine Drive. Laura A______nderso~, Assistant City Attorney, requested the City Council to continue this item for one week for further research as to the proper procedure in which this should be done. It is clear that Council, by Resolution, can close a street temporarily but it is not clear at this point the proper procedure to permanently close a street. Mr. Overson questioned the City's responsibility for maintenance of a closed street, i.e., keeping barrier up and safe? Mr. Crutcher questioned if "closure" meant that both ends of the road would be blocked off? Mr. Waibel stated it would just be one end. Mr. Dawkins noted there is a much safer street a short distance from the subject roadway which would provide a safer access to that area. President Hornin~ noted his surprise that more accidents haven't happened in this area. TAPE ~646 City Council Reg. Mtg. Minutes June 14, 1989 Page 4 of 7 Mr. Collins questioned what will be done with the frontage road running parallel to Marine Drive? President Horning clarified that is the section of road being requested to have closed with the blockage being at Marine Drive. ~0896 M/S/C/U(Overson/Horton) to table this item for one week. 7A - ORDINANCE (FIRST READING} AMENDMENT TO TAXICAB AND SHUTTI~BUS/LIMO KEGU~ATORY LICENSE ORDINANCE, ~89-161 The Taxicab Regulatory License Ordinance was amended to include the following changes: 1. Financial information and responsibility of the applicant was removed as an application requirement because the City does not use this information in the application process. 2. Insurance coverage was changed to State required levels. 3. Current rate schedule must be kept on file with the City Clerk, but rate monitoring or rate changes are no longer regulated by the City. The Shuttlebus/Limo Regulatory License Ordinance was amended to include changes in insurance coverage and the addition of inspection regulations. Kathleen McCluskey, City Clerk, noted one more change is needed under Section 4.060 Issuance Of License - add the following sentence: "Licenses shall be issued by the City Clerk". Paula Johnston, License Inspector, stated last summer when Title 5 was revised Taxicab licensing was also amended and the insurance requirement was changed from Auto Liability of $100,000 per person, $300,000 per accident, $50,000 for property damage to a combined single limit of $300,000 per occurrence. After this was approved, it was found that the State of Washington found the $300,000 combined single limit coverage inadequate to their State requirements because they had $300,000 bodily injury per accident plus $25,000 for property damage. Therefore, they said the minimum combined single limit they would accept a taxi having would be $325,000. What this did to licensees in the City was to put them in a bind where they would have to have two different policies, one to satisfy the State requirement and another to satisfy the City. This issue was taken to the Council Operations Committee last September and informed them the City was in error and the direction given at that time was to go ahead and revise the City's insurance requirements back to State requirements. Another direction received from the Operations Committee was to deregulate the rates - that taxicab companies can charge their fares in Bremerton. This was as a follow on dialogue in a Study Session where one cab company in Bremerton had voiced a concern that since the City did not regulate entry into the taxi business in the City it was unbalanced to regulate the rates. Therefore, an amendment is being brought to Council deregulating taxicab rates. Another substantial amendment for taxicabs is the removal of financial responsibility language. In the application process through Title 5 as well as Taxicab Ordinance there are plenty of opportunities for detailed information in order for the City to make a fair and adequate decision on licensing and felt since financial responsibility requirements are no where else found in regulatory licensing the question was raised why are they in taxicabs so that has been removed. In tandem with the Taxicab Ordinance staff recommends that Shuttlebuses/Limo Ordinance also include the same insurance requirement. TAPE #646 City Council Reg. Mtg. Minutes June 14, 1989 Page 5 of 7 t1083 M/S/C/U(Crutcher/Waibel) to approve Ordinance, on first reading, amending license regulations for businesses operating vehicles for hire, Chapters 5.54, CARRYING PASSENGERS FOR HIRE, and 5.98, SHUTTLE BUS AND LIMOUSINE SERVICES, of the Bremerton Municipal Code including the amendment in Section 4. 7B - ORDINANCE (FIRST READING) CORRECTING COIJNCIL DISTRICT LEGAL DESCRIPTIONS DUE TO ANNEXATIONS, ~AB89-162 Recent annexations necessitate repeal of the 1985 Council District Ordinance to correct legal descriptions. The City will redistrict after the 1990 census. Mr. Collins questioned the last sentence in Council Districts %5 and %9 where it references Precinct 034 and how it came about that District 9's boundaries jumped over to the Shipyard? Kathleen McCluske¥, City Clerk, stated as she recalled Precinct 034 was an 034 A and B but Council District %9 has 1/2 of the Shipyard and District #5 has 1/2 of the Shipyard. Recently the County has renumbered these two Precinct %36 and %38. Mr. Collins felt that this should be corrected before Council takes any action. Ms. McCluskey stated this can be corrected by second reading of the Ordinance. Mr. Dawkins questioned who does the redistricting after the 1990 census? Ms. McCluskey stated the City will work with the County Auditor to do the redistricting as they did in the past. Mr. Overson noted the issue addressing Precinct 034 is confusing and needs clarification. Ms. McCluskey stated Precinct 034 spreads beyond the Shipyard. Mr. Overson emphasized that no one lives in the controlled industrial area of the shipyard. Ms. McCluske¥ stated that area has been annexed and whether or not anyone lives there it has to be included in a District. Ms. McCluske¥ suggested removing reference to precinct numbers from the ordinance and stick strictly with the legal descriptions and let the County identify precinct location. Mr. Collins noted he found it difficult to deal with where a precinct is cut up into several districts and suggested something specific be done to the proposed ordinance that changes the portion of non-controlled industrial area that is in District %9 -which does not have anyone living in it. And, he felt he did not have adequate information to vote on this issue at this time and was particularly concerned that a map was not provided. Ms. McCluske¥ noted a map was left in the Council Office. Mr. Waibel questioned what would be the proper vehicle for notifying the County that the City Council would like all of any one precinct within the districts as designated in the legal description? Ms.McCluskey stated the City can make that request, however, she was not sure she would include it in the Ordinance not knowing what kind of complications this may create for the County. When the City is redistricted in 1990 this may be something to look into at that time. %1151 M/S/C(Horton/Crutcher) to approve Ordinance, on first reading, providing for new Council districts for the City of Bremerton, and repealing Ordinance %3956. ~1611 M/S/C(Waibel/Dawkins) an amendment to the motion to remove the verbiage in each of the Districts including and following the words "ALSO CURRENTLY DESCRIBED AS FOLLOWS", so that all reference to precincts will be eliminated from this ordinance. Vote: In Favor: Crutcher, Horton, Horning, Collins, Dawkins, Waibel TAPE #646 City Council Reg. Mtg. Minutes June 14, 1989 Page 6 of 7 Abstain: Overson Vote on original motion: In Favor: Crutcher, Overson, Horton, Waibel, Horning, Dawkins Opposed: Collins President Homing introduced Jeff Hosea to give input to concerns expressed by ferry riders regarding pedestrian safety near the Ferry Terminal. Jeff Hosea, 1544 Elizabeth Street, read into the record a letter to Governor Booth Gardner, written by passenger only ferry riders, which urged the Governor to call a Special Session of the Legislature to appropriate funding for the passenger only ferry service and he hoped the City Council would endorse this letter as well. Morrie Dawkins reported the Ferry Riders Coalition had been in contact with the Ferry System and it is his understanding that before the month is over there will be a Transportation Bill providing for funding of the passenger only ferry service. Mr Waibel pointed out the urgency of any action Council may take regarding this issue due to the June 29 deadline. President ~orning suggested if Council fundamentally endorses the suggested letter the City Clerk could assist in preparation of a Resolution and authorizing President Horning's signature on that Resolution. This could be taken care of as early as Thursday, June 15. Judy Gamrath stated for clarification that without the Governor calling a Special Session of the Legislature nothing will happen. Jeff ~osea briefly outlined concerns of ferry riders regarding pedestrian safety when walking to and from the ferry. He suggested removing several parking spaces near the intersection of First Street and Second Street (next to a restaurant), moving the vehicle traffic lane on the west side of Second Street and placing the jersey barrier along the east side of Second Street between the lane of traffic and the Top Side Restaurant. This would allow pedestrian traffic to walk more safety to their parked vehicles and or pick up area. Mr. Collins pointed out there is a definite problem with commuters coming in the early morning and trying to drop off people and the double lanes now designated for buses contributes to this difficulty. Mr. Overson questioned if the Council might not be premature...isn't the final direction going to make First Street all one-way out away from the Ferry Terminal? Vanessa Britto, 8295 Saddle Trail NW, noted the need for a Police Officer to assist with traffic control during the peak ferry service hours. Mr. Da#kins stated he recalled that the State had mentioned if the City was having problems with traffic control that they would provide someone to assist. President Homing requested Ms. McCluskey to forward the suggestions to the Engineering Department and Chief Del McNeal, Police Department. ~1843 M/S/C/U(Waibel/Collins) to have a Resolution prepared from the City Council to Governor Booth Gardner requesting a Special Session of the State Legislature to address funding of passenger only ferry service prior to June 29, and a Resolution from the City Council to the State Legislature to appropriate funds for the passenger only ferry service and authorize President Horning to sign for the City Council. TAPE #646 City Council Reg. Mtg. Minutes June 14, 1989 Page 7 of 7 7C - RESOLUTION ~2251, SET DATE: ALLEY VACATION - APPLICANT: WASHINGTON STATE DEPARTMENT OF TI~ANSPOI~TATION, ~AB89-163 The City council is being requested to hear an application for the Vacation of the alley adjacent to the old YMCA building site and the Bremerton Ferry Terminal. 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 nor less than twenty days after the date of the passage of such resolution". 12426 M/S/C/U(Waibel/Dawkins) to approve Resolution #2251, to set date for Public Hearing of July 12, 1989, 28 days after Resolution adoption. 7D - RESOLUTION ~2252, SET DATE: STKEET VACATION - APPLICANT: BRC PAKTNERSHIP - LOCATION: 3721 KITSAP WAY, ~AB89-164 The City council is being requested to hear an application for the Vacation of Right-Of-Way located on the south side of Kitsap Way, fronting 3721 Kitsap Way, between Charlotte Street and Bertha Avenue. 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 nor less than twenty days after the date of the passage of such resolution". ~2521 M/S/C/U(Overson/Crutcher) to approve Resolution #2252, to set date for public hearing of July 12, 1989 - 9.8 days after Resolution adoption. With no further business meeting adjourned at 6:47 p.m. KATHLEEN L. MCCLUSKEY, C~TY CLERK APPROVED cc: ~ormal Distribution File/Vault