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HomeMy WebLinkAbout10/04/89 TAPE ~679 UNAPPROVED DRAFT CITY COUNCIL MEETING MIIf~ES OCTOBER 4, 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, October 4 1989 at 5:30 p.m., with Council President Spencer Horning presiding. Council members present were Shirley Marry Crutcher, Lynn Horton, Morrie Dawkins, C. R. "Tiny" Collins, A1 Coivin, Russ Johnson and Hank Waibel. Councilman Lon Overson 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 Horning and Invocation was given by Reverend Michael Grimshaw of The First Church Of The Nazarene. Councilman Morrie Dawkins joined the meeting at 6:30 p.m. CONSENT AGENDA A. Timber Sale 2-87, Contract %2928 Contract Extension Change Order %2, %AB89-276 ~040 M/S/C/U(Waibel/Crutcher) to approve Consent Agenda as presented. CLAIMS/WARI~ANT 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. ~056 M/S/C/U(Colvin/Crutcher) on October 4, 1989 the Council does approve.for payment those vouchers included and further described as follows: Retirees Payroll in the total amount of $51,422.46. COUNCIL MEMBER REPORTS Mr. Johnson reported Council received another supporting letter from AMICO Chemical Company~ a subsidiary of Standard Oil, in which they alerted him of a program they are sponsoring with the City of Chicago through a Company called The Center For Neighborhood Technology, which is a public policy research group looking into cost effective means for doing multi-types of plastic recycling/separation within a residential situation. He noted the City Council's Community Bulletin Board has received a lot of interest from the following cities who have requested copies of our Bulletin Board System: Fort McMurray, Alberta, Canada; Pinellas Park, Florida; Burlington, Vermont: Anchorage Alaska; Palmer Alaska; Kodiak, Alaska, City of Waterloo, Ontario. President Homing congratulated Mr. Johnson on his part in implementation of the Bulletin Board System and it is something for all of the Council to be proud of. Mr. Johnson announced there will be a community meeting on substance abuse issues on October 12, where the Governor's Special Assistant On Substance Abuse Issues is sponsoring "community sessions" to find better ways for communities to work with State government in tackling the drug problem. He suggested that this information be included on the Community Bulletin Board. Mr. Colvin stated today he heard a good presentation on what our schools are doing in Kitsap County - in particular Bremerton. Many good things are happening with the Bremerton School System and he hopes the rumor that they are not good will go away soon. President Horninq stated he too heard the presentation and it was good hearing positive things from the schools. Mr. Waibel attended the Subregional Council (PSCOG) this date. He noted the CenCom Emergency Management Board adopted their 1990 budget and was approved with a 2.94 reduction in Bremerton's allotment. The Department Of Emergency Management's budget was TAPE #679 City Council Reg. Mtg. Minutes October 4, 19889 Page 2 of 12 also passed and the City's allotment was reduced by 27.24. He noted the City been able to hold the line in funding some of the services in the County. A discussion was held on Kitsap Prenatal Task Report on maternity access problems and Kitsap County, as well as the majority of Counties in the State, has been designated as a disaster area as far as maternity access problems are concerned. There will be an AIDS Task Force meeting October 19, 9:00 AM at Cascade Natural Gas Company. All of our local State Representatives will be attending this meeting and all Council members are invited as well. Approval was given to the Kingston/Seattle passenger only ferry service with some proposed scheduling. Kitsap Transit also met this date and the difficulties with the bus benches has been resolved with Kitsap Transit now the owner of the ability to produce the benches themselves and they in turn will be selling them to the County and Bremerton. Kitsap Transit is developing a plan for van pooling on the ferries where people come from one side of the ferry in various vans, board the ferry and switch to another van going to their location. This service has not been tried anywhere else and a trial run will be implemented on the Edmonds/Kingston run October 30, 1989. There will be a media event concerning those vans and Council members are also invited to attend that event. Also, approval was given for modifications to Paratransit's contract with Kitsap Transit, which provides an effective effort to maintain Paratransit service throughout the County. Mr. Waibel noted the Planning Commission was tasked to look into some issues relating to possible sale of Roosevelt Field and he had heard reports by a number of the Planning Commission members that they were unaware when they will be taking up this item, what they are to be looking for and when public hearings will be held - he requested the Planning Commission provide a response as soon as possible. Mrs. Horton stated Don Pratt, Director of community Development, brought good news to the Operations Committee meeting this date. There is a good possibility that construction can be started on the waterfront park as early as the next two-three weeks. And, there could be a cost savings of 15-20 percent because the park project would be piggy backing the pump station project and in order to complete the pump station project they have to bring the rest of the area back to where it was before construction and the contractor has asked if the City would like him to work on the park at the same time. Mr. Crutcher extended a welcome to CDR Jackson, the new PSNS Chaplin. Mr. Horning congratulated Marshal Miller as the new President of the Bremerton Area Chamber Of Commerce and Carl Cramer who is now the immediate past Chamber President. He noted the installation banquet was excellent. He congratulated the YWCA and their ALIVE Shelter for another successful year serving this community. Last Sunday he participated in a 10-K walk held to raise funds to alleviate hunger, with over $7,000 was pledged for this event. Mr. Colvin announced that Pastor Michael Grimshaw would be leaving the area and thanked him for his contributions to the citizens of Bremerton. Pastor Grimshaw stated it has been a privilege to serve the City, especially with the Police Department and the Chaplin Corp. He noted he and his family will be in the area for about two months. President Horninq extended the City's appreciation for Pastor Grimshaw's services to the City. PUBLIC KECOGNITION Del Knauss, 139 Olympic Avenue, urged the City Council to look for alternate sites for Olympic College parking. The Parking Committee was presented alternate sites and that information was passed on Tape #679 City Council Reg. Mtg. Minutes October 4, 1989 Page 3 of 12 to Olympic College. He felt all it would take would be Olympic College, the Mayor, Council, Parks Department, Parks Board and Planning Commission to sit down and solve the OC parking proDlems. He passed out buttons to each Council member which said: "Parks endangered species save Roosevelt Field, promote alternate parking". 6A - REQUEST TO APPROVE AMBULANCE RATES - BREMERTON AMBULANCE, INC., ~AB89-260 Bremerton Ambulance, Inc., is a new ambulance company that has applied for a City license. The attached rate schedule for services needs to be approved by Council prior to operation. Comparisons to rates for other ambulance services are attached. Kathleen McCluske¥, City Clerk, noted this item was continued from two weeks ago and Council's Study Session on Monday, October 2. Bremerton Ambulance, Inc., did provide a new Rate Schedule and it appears that the rates are the same as Olympic Ambulance's rates. Paula Johnston, License Inspector, gave a brief review of the request from Bremerton Ambulance, outlining the services to be provided, the working relationship between Olympic Ambulance and Bremerton Ambulance for contracting of personnel and leasing of ambulance vehicles. Mr. Crutcher pointed out that the citizens of Bremerton would be' charged the same rate for either ambulance service and he welcomed this new company into the City of Bremerton. Mr. Collins noted that through the extensive discussion of this issue it is apparent that the City does not have a glimmer of an idea what the ambulances are doing or to whom they are serving. Therefore, he requested that the following be inCluded in the minutes of the Council meeting: "the Ambulance Committee meet post haste and that they start to draw up something for the Council to look at as to what the City's policy on ambulances should be". Mr. Johnson noted the business arrangement Bremerton Ambulance has with Olympic Ambulance is a bit unusual but appears to be a very cooperative effort and he welcomed them to Bremerton. 675 M/S/C/U(Waibel/Collins) to approve the rates for Bremerton Ambulance, Inc. 6B - REQUEST TO PURCHASE DIESEL POWERED AIR COMPRESSOR - STREET DEPARTMENT, ~AB89-277 In the 1989 budget, the Street Department was authorized to purchase a diesel powered air compressor. This air compressor was to be used in addition to the 1974 Leroi as the Street Department has four active crews working in various parts of the City. The Street Department would like to purchase a second air compressor at this time as Leroi has expired and is beyond repair. Ken Brees, Superintendent Of Streets, requested that Council also declare surplus the 1974 Leroi~ if the request is approved. 802 M/S/C/U(Waibel/Colvin) to purchase a second diesel powered air compressor from the bid awarded to Cascade Machinery and declare the 1974 Leroi surplus. 6C - REAL ESTATE PURCHASE/TRADE AGREEMENT BETWEEN THE CITY OF BREMERTON AND POPE RESOURCES, ~AB89-278 The Union River and its tributaries, a surface supply source, provide approximately 704 of the City's domestic water supply. The passage of the Amendments to the Safe Drinking Water Act in 1986 required the Utility to review its management of this resource Tape #679 City Council Reg. Mtg. Minutes October 4, 1989 Page 4 of 12 with respect to its protection. The City Council in 1986 authorized the Utility to develop a management plan which was adopted by Resolution #2135 on October 15, 1986. The management plan provides for the acquisition of properties adjacent to existing and future water supply and storage area to provide protection to those areas. Attached for City Council consideration is a Purchase/Trade Agreement between the City of Bremerton and Pope Resources, Inc. The trade involves 440 acres of Pope-owned forest lands situated East of the Union River Reservoir (Sections 24,25 and 35, Township 24 North, Range 1 West,W.M.) and North of the Union River Reservoir (Section 14 , Township 24 North, Range 1 West, W.M.), valued at $2,060,818.00 and approximately 384 acres of Utility-owned forest lands situated west of the National Guard Armory at Union Avenue (Sections 20 and 21, Township 24 North, Range 1 East, W.M.) and at Lake Tahuyeh (Sections 17 and 20, Township 24 North, Range 1 West, W.M.) valued at $1,991,249.00 together with a cash payment in the amount of $69,569.00 to Pope Resources. The purchase/trade of the Pope Resources property will provide protection of the Utility's Union River Facility, at 1.4 billion- gallon storage facility for domestic water supply for the City for Bremerton. Bill Duff¥, Utilities Director, provided a map showing the location of the subject properties. Paul $chmitt, Bremerton resident, expressed concern over Item %26 of the Real Estate Exchange Agreement - Pope Resources is asking for a rezone and he would like to know what zoning designation they desire? Mr. Duffy stated he has been working with Pope and the land is currently zoned Forest Management, which is a publicly owned zoning classification utilized by the City. This zoning was unacceptable to Pope and they are looking at several zoning classifications but for the most part it would be a residential zoning with densities yet to be determined. Mr. Schmitt noted this was his primary concern - if it is to be rezoned residential with a high density is the City getting that high value in the trade? Mr. Puffy stated the appraisal was done for highest investment - not the current or potential use. Mr. Duff¥, using the map, reviewed the possible uses considering the terrain, etc., of each property. Mr. Schmitt suggested that Council members actually walk the property so they have a good understanding of what they are trading. And, he cautioned of limiting expansion of the sports complex, if developed, in that area. Mr. Duff¥ explained the agreement is contingent upon the zoning and the zoning has to come before the Council. Mr. Duffy explained the property being considered for the sports complex is situated on a 88 acre parcel with 40 acres to be used for the sports complex and the plan does include some RV facility, a five-field ball field complex, two soccer fields and a couple practice fields. The other 40 acres, which is just south of it and includes an old reservoir was slated to be traded with the State of Washington for some access to the sports complex to the east and also the future home of some of the public works facilities - that trade has not happened as of this date, so if it does not the Utility still retains the 40 acres for expansion of the sports complex if needed. President Homing questioned if the additional 40 acres would be suitable for RV facilities? Mr. Duff¥ stated the Parks Department is proposing putting some of the RV facilities on the north margin of the property and the reason being there is a main sewer line along that north margin. On the western portion Tape #679 City Council Reg. Mtg. Minutes October 4, 1989 Page 5 of 12 the property slopes off down into a lower intermittent drainage area. Mr. Waibel questioned if access to the top 16th Section would be easier to obtain then access to lower 16th below the proposed site of the sports complex? Mr. Duff¥ stated either access would be acceptable, however, at this point the northern access would be the easier because it exists. The City does not own the property across from the Armory yet, however, the property could be obtained through either a trade and/or obtain an easement to improve the current road that is there. Mr. Waibel questioned if the value of the top 16th is equivalent to the 16th south of the sports complex site? Mr. Dully stated the land areas were somewhat similar in value but the difference is the timber resources on the land. Mr. D&wkins felt it would be advisable for Council members to have an opportunity to "walk" the property to understand its usability. Mr. Johnson pointed out the most usable property for a sports complex is being retained by the City along with an area of expansion and his major concern is for the watershed to get squared off before the City becomes mandated to install a water filtration plant for surface water. He questioned if there would be any problem if this item were delayed one week? Mr. Puffy stated he had no problem delaying for one week and he would be happy to conduct a tour of the properties. President Horninq stated if Pope Resources carrys out their development plans he would like to have conditions on everything regarding lighting, traffic, etc., so that the City coming in at a later date does not cause any problems. Mr. Johnson pointed out the merits of a recent development in District 9 and the ability to work with the developer to enhance the Parks property in that area. Mr. Crutcher expressed concern over Item 26 - zoning. He noted that zoning does have a great deal to do with property values. He feels property in this area will have a high value and wants the City to get its fair share. Mr. Puffy pointed out that the City Council retains the authority to designate the zoning prior to the sale being closed. Mrs. Horton questioned what was the highest use on the appraisal? Mr. Puffy explained for the most part they were looking at medium density residential and some areas off the Bremerton Business Park area that could possibly be expanded as well as some open space. .500 M/S/C/U(Waibel/Colvin) to table this item for two weeks. 7A - ORDINANCE (FIRST READING) AMENDING ORDINANCE ~3887 AUTHORIZING THE ISSUE OF WATER SEWER BOND ANTICIPATION NOTES, ~AB89-279 At the request of Bond Counsel, a modification of the current ordinance is proposed to clarify the level of authority which is granted. The proposed ordinance would limit the issuance of Bond Anticipation Notes to a maximum of $4 million outstanding at any one time. Rich Hanna, City Treasurer, stated the relevant change in the ordinance is under Section 2: "$4,000,000 outstanding at any one time", this clarifies if the original authority granted by Council was to issue only $4,000,000 from a span of time or any number of consecutive issues - the only limit being the amount outstanding any given time.. Public comment invited - none received. Mr. Waibel questioned who decides whether the 360 or 365 day basis Tape #679 City Council Reg. Mtg. Minutes October 4, 1989 Page 6 of 12 is used for determining the 124 per annum rate? Mr. Hanna stated it is common practice in the industry that shorter term notes are calculated on the 360 day basis. Mr. Johnson questioned what State Of Washington Fiscal Agencies are located in New York City? Mr. Hanna explained the State Treasurer negotiates a Fiscal AGency contract on behalf of the State and all political subdivisions within the State. The way the enabling legislation is enacted is that all political subdivisions of the State automatically have the ability to participate in that Fiscal AGency contract. The local contract is with Seattle First National Bank and the New York Representative is located on Wall Street. Mr. Collins questioned why the City does not let out denominations in amounts that a normal citizen can buy? Mr. Hanna stated generally the average citizen has no particular interest in buying this particular type of Bond. Typically, this type of instrument is sold on the Institutional Market and that is why the denominations are so large. The actually marketing has been done on a negotiated sale with an underwriter where the City sells the entire issue at a negotiated price; and the underwriter the City uses is Shearson Lehman Hutton, Inc. It would certainly be possible, under existing law, to market these directly but the expenses associated with that would probably not compare favorable to selling them in the Institutional Market. Mr. Collins noted he had heard from a number of people that they would like to buy some City Bonds thereby having a little more part of the City but that the denominations were too high. Mr. Hanna stated he had several requests over the years of people inquiring about this situation. He noted the City did do some local sales with LID instruments - those quite often are sold in a local market and in as small as $500 denominations. .688 M/S/C/U(Horton/Crutcher) to approve Ordinance, on first reading, relating to the combined water and sewerage system of the City and amending Ordinance No. 3887, as amended. 8A - PUBLIC HEARING - SOUTH AUTO CENTEK ANNEXATION - TO CONSIDER A 75~ PETITION TO ANNEX A~D TO ACCEPT PUBLIC COMMENT PERTAINING TO THE ANNEXATION AND ZONING OF THIS 30 ACRE AREA LOCATED AT WERNER ROAD, AUTO CENTER WAY AND SR-3, ~AB89-285 On June 21, 1989, the City Council met to consider a 104 Notice Of Intent To Commence Annexation of the South Auto Center Annexation Area. The Council agreed to proceed with the annexation, agreed to apply City zoning to the area, and agreed to require assumption of City indebtedness. Since that time, the Planning Commission has conducted its public hearing and has forwarded its zoning recommendation, and petitions requesting annexation have been submitted by the owners of more than 754 of the total assessed value of the Annexation Area. This public hearing is to accept further public comments pertaining to this annexation and zoning, followed by the Council's final decision. Ron Hough, Annexation Coordinator, provided a view graph showing the location of the South Auto Center Annexation area - located at the intersection of Werner Road and S.R. 3. This area includes 14 individual lots as well as portions of Auto Center Way~ Werner and S.R. 3. The subject 14 lots have a total area of 11.6 acres and a total assessed value of $2,802,660. The area also includes approximately 19 acres composed of the rights-of-way of portion of S.R. 3, Werner Road and Auto Center Way for a total area of 30.6 acres. The proposal was designed to include a portion of S.R. 3 primarily for police, fire and other emergency services, and also to establish the most reasonable and regular boundary possible. Tape #679 City Council Reg. Mtg. Minutes October 4, 1989 Page 7 of 12 Present land use includes a mixture of land uses from single-family homes, a neighborhood church to wholesale trade, personal storage and transportation facilities. Six of the 14 lots are currently vacant. The proposed Annexation Area is at the southern end of Bremerton's Auto Center Way business/industrial area. This area is experiencing development pressures from at least two sides - expansion of the Auto Center Way district and the need for highway- oriented convenience services in the immediately vicinity of the Werner/S.R. 3 interchange. This is a very convenient location for either commercial or industrial businesses. Present Kitsap County zoning consists of four different zones: R- 5MH Residential (including mobile homes); BT Business Trade~ BG Business General~ LM Light Manufacturing. The Planning Commission held a public hearing on August 15, 1989, and reviewed the surrounding zoning and land uses and they concluded the best zoning designation for the entire Annexation Area would be Industrial General (IG) zone. Impacts - it is felt that the zoning would not create any impacts - about 80~ of the Annexation Area is already developed. Other industrial zones were considered but it was felt the types and intensities of existing uses within this area was not in an Industrial Park (IP) configuration. Neither the BP or the IP zones allows the type of automotive uses that the Auto Center Way area is developing into. Therefore, the Industrial General zone was felt to be more appropriate. Jurisdiction was invoked by Fire District #8 on this annexation, which puts it into a 120 day review period under the Boundary Review Board. The City requested the Boundary Review Board hold a meeting as soon as possible and to hold the public hearing within the City in the City Council Chambers on November 2. It is expected that the Boundary Review Board would make a decision on this annexation request by November 16. Jim Strait, 6530 Harlow Drive, President Kitsap Lake Neighborhood Association, stated overall he had no objection to the proposal, however, he feels there is one problem and that being a "Navy Yard City" type problem in that same area due to par% of the property being in the City and part in the County. Russ Johnson questioned if the Industrial General designation poses any problem for the church in maintaining their present configuration? Mr. Hough stated churches are allowed in Industrial General zone. Mr. Johnson noted one of the lots in the area is in need of clean up and questioned if the owners understand when properties are annexed into the City they are expected to clean up their mess? Mr. Houqh stated he believed activity to clean up that area was currently underway. Mr. Dawkins questioned if this area was the area where flooding is a problem? Mr. Houqh stated the flooding problem is in the annexation area. Mr. Waibel questioned if 75~ of the assessed valuation has petitioned for annexation? Mr. Hough stated yes, 98.8~ had petitioned for annexation. Mr. Waibel questioned if zoning is to be establish prior to approval of the annexation? Mr. Sievers stated the State procedure is to do prezone for fringe areas and that vote should be taken first because in a lot of instances the owner will not want to proceed with the annexation if the zoning isn't what they want. 581 M/S/C/U(Colvin/Horton) to approve the application of the "General Tape #679 City Council Reg. Mtg. Minutes October 4, 1989 Page 8 of 12 Industry (IG)" zoning district, as recommended in Planning Commission Resolution #89-7. 617 M/S/C/U(Waibel/Horton) to approve the annexation of the South Auto Center Annexation Area. 8A(1} - ORDINANCE (FIRST READING} ANNEXING 30.6 ACRES AND ZONING THE AREA KNOWN AS SOUTH AUTO CENTER ANNEXATION, ~AB89-286 On October 4, 19898, the City Council conducted a public hearing to accept public comments pertaining to the annexation of a 30.6 acre area known as the South Auto Center Annexation Area, located in the vicinity of Werner Road, Auto Center Way and SR-3. The Council approved the annexation and approved application of the "General Industry (IG)" zoning district upon annexation, as recommended by the Planning Commission. This ordinance completes this annexation and applies the approved zoning. Public comment invited - none received. 674 M/S/C/U(Waibel/Colvin) to approve Ordinance, on first reading, annexing approximately 30.6 acres in the vicinity of Auto Center Way, Werner Road and SR-3, known as the South Auto Center Annexation, rezoning said property, and fixing the effective date of annexation. 7B - ORDINANCE (FIRST READING) AMENDING THE CITY OF BREMERTON 1989 BUDGET, ~AR89-280 Action taken by the City during 1989, together with circumstances not foreseen as the time of preparation of the budget require certain additions and corrections in order that the budget continues to accurately reflect the financial operating plan of the City. Rich Hanna, City Treasurer, stated all of the significant adjustment to the budget that are included under this ordinance have been before the Council as individual items. There are included in the supporting documents several minor adjustments that had been only before the Council Fiscal and Budget Committee. Public Comment invited - none received. Mr. Waibel requested clarification on those budget adjustments that had not been before Council previously. Mr. Hanna stated Budget Adjustment 89-22 relating to the Second Street Tower and moving program; Budget Adjustment 89-21A and 89-21B relating to technical movement of funds from one block grant project to another but not having an impact on the bottom line of the project; adjustment to the Planning Department moving funds from a Professional Services category to a Part Time Help category. President Homing questioned up to what date does this action carry? Mr. Hanna stated up to September 27, 1989. !968 M/S/C/U(Waibel/Colvin) to approve Ordinance, on first reading, amending Ordinance #4213 relating to the budget of the City of Bremerton for Fiscal Year 1989. 7C - ORDINANCE (FIRST READING) ANNEXING APPROXIMATELY 41 ACRES, AMENDING THE COMPREHENSIVE PLAN AND ZONING THE AREA KNOWN AS THE RICKEY ROAD ANNEXATION AREA, ~AB89-281 On June 21, 1989, the City Council conducted a public hearing to consider the Rickey Road Annexation and to consider recommendations from the Planning Commission for the planning and zoning of the area upon annexation. The City Council approved the annexation and the Planning Commission's recommendations. On August 30, 1989, the County Boundary Review Board conducted a public hearing and on Tape #679 City Council Reg. Mtg. Minutes October 4, 1989 Page 9 of 12 September 21, 1989, the BRB voted unanimously to approve this annexation. The attached ordinance completes the annexation, amends the Comprehensive Plan Map, and applies zoning to the Annexation area, as approved by the City Council earlier. Ron Hough, Annexation Manager, stated the Ordinance annexes 41 acres and is zoned in accordance with what the City Council approved, including three zoning districts - Single Family (2), Single Family (3) and Mixed Residential. And, it amends the Comprehensive Plan to include a small piece of high density residential to accommodate the existing apartment complex in the annexed area. This was another annexation that the jurisdiction was invoked on to the Boundary Review Board. The Boundary Review Board (BRB) held a public hearing on August 30, 1989, making their final decision on September 21, 1989, which was unanimous approval of the annexation. The ordinance includes a section noting effective date and that the Ordinance will take affect 10 following passage and publication or on final date of approval by the BRB, whichever occurs later. The final approval of the BRB comes when approval, in the form of a Resolution, is filed with the City and to his knowledge that has not been done as of this date. Therefore, he suggested leaving that section in the Ordinance. Public comment invited - none received. .PE #680 Mr. Colvin questioned if the annexation will have any affect on the citizens life style? Mr. Hough stated it should not impact their life style. The message they were hearing at the information meeting was that the people living on the west side of Rickey Road have a rural life style, owned some farm animals and had wide open spaces, which they wanted to preserve. The Council is apply the Single Family (2) zone, which is a lower residential district than they have as being in the County. President Horninq stated some of the other issues are grandfathered in. Mr. Colvin questioned if any of the affected citizens were notified that this issue would be before Council on this date? Mr. Houg~ stated no, a public hearing is not required for hearing this issue at this time. 1029 M/S/C/U(Collins/Waibel) to approve Ordinance, on first reading, to annex Rickey Road Annexation Area and to amend the Comprehensive Plan and Zoning Map for that area. 7D - ORDINA/~CE ~4239 (SECOND READING) AMENDING REGULATION OF GARBAGE ACCUMULATION AMD DISPOSAL, ~AB89-242 Andy Parypa, 1122 Hayward, stated he had some facts which would bring the discussion back to the original Ordinance submitted and the removal of one word. It is granted that Ordinance 1905, which was passed in June 1950, allowed burning of waste paper, blocks of rubbish, debris, grass, leaves and other natural vegetation on private property and furnaces or with a Burning Permit they could be burned in open fires. WAC 173.425.054 (2) allows small fire on private properties to dispose of wood, paper and natural vegetation, however, there are contradictions to this. He contacted officials in Olympia and Air Pollution Control Agency and found that the Washington Clean Air Act, RCW Chapter 70.94 states that the authority for upholding the Ecology Acts is Air Pollution Control Agency. In this RCW it states that limited outdoor burning of leaves, clipping, pruning, etc., is allowed, but it does not allow for burning of paper, cardboard boxes, or any impregnated woods or plywood, etc. Mr. Parypa had a document from the Department of Ecology citing not to burn colored wrapping paper Tape #679 City Council Reg. Mtg. Minutes October 4, 1989 Page 10 of 12 in a wood stove or fire place - the ink releases toxic fumes when burned. Regulations that are currently in force are very specific as to what can or cannot be burned in wood stoves, fireplaces and outdoors. He noted it is very hard to police such burning, however, he did not believe the City should pass a law which is less restrictive. The RCW states that the Air Pollution Control Agency will over-ride any rule, regulation or ordinance which is less stringent than the RCW. Therefore, if the City does not strike out those words from the ordinance, as originally submitted, the City would be in violation of the Ecology Act. Also, people would be encouraged to violate the law. He strongly recommended that the Council table this issue for further review. Mr. Mumma, Building Official, stated Mr. Parypa had brought out some interesting points. The City Attorney and Mr. Mumma had looked at these same issues when the ordinance was prepared and he also recommended returning to the original submittal of the ordinance would help follow Federal laws closer and and enhance enforcement for the City in carrying out their duties. Mr. Waibel felt there were a lot of things needing to be addressed in the ordinance, however, Mr. Mumma needs to have the tools for enforcement. Therefore, he suggested at the very least remove the word "remove" from Section 6.04.050(a). Mr. Johnson pointed out some discrepancies in the affect upon the citizens...someone may burn natural vegetation, which can create heavy ash deposits on surrounding neighbors, but someone can't burn a few papers in their backyard. He too believes everyone should follow State and Federal laws, however, it can be confusing at time as to what is or is not legal. Mr. Colvin questioned Mr. Sievers' opinion of the proposed ordinance. Ian Sievers, City Attorney, stated Section 2 had been addressed, which was in the ordinance at the first reading, because that section clearly addressed unlawful means of disposing and dumping. And, the correction made taking out the wastepaper and boxes was a correction that came about because there have been regulations passed since the ordinance was originally passed. Also, he felt the ordinance would be better if that section was reinserted and with the deletion of the word "remove". Mrs. Horton suggested scrapping the ordinance as it has been presented and next week have the original draft of the ordinance brought back to the Council. ~620 M/S/C(Collins/Horton) to disapprove Ordinance #4239 as presented and that staff be directed to return with a new document Vote: In Favor: Johnson, Crutcher, Horton, Collins, Dawkins, Horning Opposed: Waibel 7E - ORDINANCE ~4240 (SECOND READING) REPEALING B.M.C. 6.24 FUMIGATION, ~AB89-269 Pubic comment invited - none received. )897 M/S/C/U(Crutcher/Horton) to pass Ordinance #4240, on second reading, repealing the fumigation regulations, Bremerton Municipal Code Chapter 6.24. 7F - RESOLUTION ~2273, SETTING PUBLIC HEARING DATE - REQUEST FOR ALLEY VACATION ADJACENT TO OUR LADY STAR OF THE SEA CHURCH AT 6TH STREET AND VENETA AVENUE, APPLICANT: OUR LADY STAR OF THE SEA CHURCH, ~AB89-282 The City Council is being requested to hear an application for the vacation of the alley adjacent to Our Lady Star Of The Sea Church TAPE #680 City Council Reg. Mtg. Minutes October 4, 1989 Page 11 of 12 at 6th Street and Veneta Avenue. Title 35. R.C.W., Chapter 35.79 requires"...legisiative 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." Ron HouGh, Planning, stated the following three Resolutions set public hearing dates for right-of-way vacation. All three recently went through the Planning Commission and it is required by law to pass a Resolution setting the date of public hearing. Public comment invited - none received. 942 M/S/C/U(Dawkins/Colvin) to approve Resolution #2273, to set October 25, 1989, as the public hearing date for the vacation of the north 103 feet of the alley between Veneta and High Avenues. 7G - RESOLUTION ~2274, SETTING PUBLIC HEA~ING DATE - KEQUEST FOR STREET VACATION OF A PORTION OF THE NORTH SIDE OF COONTZ STREET JUST WEST OF LAFAYETTE AVENUE, APPLICANT: JANES E. SKIRVING, ~AB89- 283. The City Council is being requested to hear an application for the Vacation of a portion of the north side of Coontz Street just west of Lafayette 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." Mr. Collins stepped down due to a conflict of interest - leaving the Council Chamber at 7:35 p.m. .071 M/S/C/U(Dawkins/Johnson) to approve Resolutions #2274 and #2275, setting October 25, 1989, as the public hearing date for the vacation of a portion of the north 6.5 feet of Coontz Street just west of Lafayette Avenue and vacation of a portion of the south side of Coontz Street just west of Lafayette Avenue. 7H - RESOLUTION ~2275, SETTING PUBLIC HEARING DATE - REQUEST FOR STREET VACATION OF A PORTION OF THE SOUTH SIDE OF COONTZ STREET JUST WEST OF LAFAYETTE AVENUE, APPLICANT: JANES E. SKIRVING, ~AB89- 284 The City Council is being requested to hear an application for the vacation of a portion of the south side of Coontz Street just west of Lafayette 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." Motion to approve Resolution #2275 was included under Item 7G. Mr. Johnson brought to Council's attention the fact that a man in Emerson, Washington, has been wanting to build a substantial memorial to veterans which would be a State-Wide Veterans Memorial. In order to obtain funding, he was the initiator of the fund raising effort where a person could purchase a Veteran sticker for vehicle license plate through the DMV. Apparently negotiations with officials in the City of Emerson broke down and he is now looking for some other City to locate the memorial. Mr. Johnson noted Bremerton would be a good place for such a memorial and he TAPE #680 City Council Reg. Mtg. Minutes October 4, 1989 Page 12 of 12 supported the Mayor and local Veteran organizations to pursue this issue. President Homing stated he also was aware of the situation but there may be a downside because this project received the veterans #1 choice of projects but the #2 project was the USS Turner Joy and he supported the USS Turner Joy project as a priority over the other. Mr. Johnson thought the City should at least look into the matter. With no further business the meeting was adjourned at 7:40 p.m. ~iilmi~nC71 PresIdent cc: Normal Distribution File/Vault