HomeMy WebLinkAbout03/23/88TAPE #530
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UNAPPROV~-D DRAFT
CITY COUNCIL MEETING MINUTES
MARCH 23, 1988
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 23,
1988 at 5:30 p.m., with Council President Hank Waibel
presiding. Council members present were A1 Colvin, Morris
Dawkins, C. R. "Tiny" Collins, Russ Johnson, Lynn Horton,
Lon Overson, Spencer Horning and Shirley Marry Crutcher.
Also present were Assistant City Attorney Lorna Corrigan
and City Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by
Council President Hank Waibel and Invocation was given by
Captain Tom Morrow of the Salvation Army.
#0017
#0034
CONSENT AGENDA
A. Minutes of Meeting Held March 9, 1988, #AB88-077
M/S/C/U(Horning/Overson) to approve
presented. **
Consent Agenda as
CLAIMS/WARRAMT REGISTER
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/Collins) on Mar6h 23, 1988, the Council does
approve for payment those vouchers included and further
described as follows: Warrants Nos. 35143, 35150 through
35290, 35291, 35292, 35293, 35,294 in the total amount of
$289,794.79 and Regular Payroll in' the amount of
$320,569.22.
COUNCIL MEMBER REPORTS
Mr. Overson announced that Fiscal and Budget Committee had
met and several action items will be on Council's agenda
soon.
Mr. Crutcher announced that the month of April is "Clean Up
Month" and he is heading up a group of young people to clean
up the downtown area and other parts of the City on April 2
and invited anyone interested to join them. Also, Mr.
Crutcher announced that District 5 would be meeting and
working with District 1, helping to solve problems and
improve their communities cooperatively.
Mrs. Hotton announced that on March 28 the Haddon
Neighborhood will hold their neighborhood meeting - 6:30
p.m., at the Naval Avenue School with Dave Baker, City
Engineer, available to answer questions on street repair.
Mr. Horntnu reported that he and Mr. Waibel traveled to
Washington D.C., last week and had the opportunity to
successfully lobby for Kitsap Transit. A letter was
received from the Bremerton School District thanking the
Mayor and staff for work done on Marine Drive, which was
definitely needed and in sad repair for many years. While
on the east coast Mr. Homing visited the City of
Alexandria, Virginia and brought back a quote'taken off of
TAPE #530
City Council Reg. Mtg. Minutes
March 2S, 1988
Page 2 of 8
a plaque: "Alexandria has quietly awaited her day while
sudden prosperity has been rising upon other places in the
old dominion - now that things are coming her way we will
realize that we have much to be thankful for"...and
believes Bremerton will have its moment in the sun, that
it is coming soon.
Mr. Johnson reported that a proposed ordinance establishing
an Ad Hoc Charter Committee will be before Council on March
30, providing for a committee comprised of three Council
members and a maximum of 12 citizens, working together to
come up with recommended Charter changes which would help
make City government better. Mr. Johnson commented on the
"testing of a new type of garbage container", which is being
promoted by' Brem-Atr and would save his remarks until the
conclusion of the testing. One concern he did mention was
whether or not elderly people could handle the new garbage
cans up and down inclines. Mr. Johnson expressed concern
regarding parks and greenbelts in the City, noting that
members of the Parks Board in the past have talked about
dedication of parks procedures, establishing a point or
purpose of some of the natural parks and protecting open
spaces in the City. He suggested looking at these issues
along with the Parks Commission to ensure open spaces for
the citizens in the -future'. Mr. Johnson commended a number
of the Planning staff for their cooperative effort with
Kitsap County officials in dealing with an "auto sales"
operation bordering his district which is in violation of
the County zoning.
Mr. Colvin reported on request from Mary Drouin, member of
the Busy Hands Extension Homemakers group for assistance on
a "Spring Clean Up Campaign" for the City of Bremerton. In
response to that request, Mr. Colvin announced that a "Clean
Up Campaign" is scheduled for April 25 through April 29,
with Don Lindgren, owner/manager of Brem-Air Disposal Inc.,
as honorary Chairman. A meeting is scheduled for April 7,
5:00 p.m., in the City Council Chambers to work out the
details of the campaign. Mr. Colvln has invited local
businessman, civic groups, news media, City Police and Fire
Departments, Bremerton Main Street Association, BACON
representatives to participate in the clean up effort and
welcomes anyone who would like to help in this endeavor.
Kathleen McCluskeV, City Clerk, read a letter received from
Margaret Carey, Secretary of the Sheridan Neighborhood
Association, citing the trashy appearance of neighborhood
areas and inappropriate use of burning barrels and
requested tha~ the City work with Brem-Air Disposal to
provide a special "clean up week" to pick up garbage,
helping to clean up our City.
Mr. Dawkins reporte~ he artended the Senior Citizen Pool
Shootout, a good time was had by all and the corn beef and
cabbage dinner was great. Enough funds were raised from
this event to cover 2~ pool tables.
Mr. Collins reported there was a presentation by Brem-Air
Disposal on the new garbage can. As an outcome of the
Council Operations Committee, the committee suggested that
the City Council set two Study Sessions, April 11 and April
25, to study the proposed Zoning Ordinance.
Mr. Waibel reported he was in Washington D.C., last week
and had the opportunity to lobby, successfully, for
Transit. In addition, Mr. Waibel artended the Senior Pool
Shoot and also had a very good time.
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City Council Reg. Mtg. Minutes
March 23, 1988
Page 3 of 8
PUBLIC RECOGNITION
Becky Lother, Senior Center, on behalf of the seniors,
thanked all those who artended and participated in the pool
tournament and appreciated the support of the event. Ms.
Lother noted that there is a much stronger and more positive
attitude among the seniors as to what is happening in the
City.
6A - SURPLUS OF CITY VEHICLES - 3 MOTORCYCLES, #AB88-OY8
The Police Department has three (3) vehicles (motorcycles)
to surplus. This transaction is in agreement and accordance
with the PAS Study of the Police Department. These vehicles
are in addition to those designated surplus by the City on
2/17/88.
Police Chief Lynn Coney, stated that the subject of Police
motorcycles was addressed in the PAS Study 1986-87. Upon
his becoming Police Chief in August 1987, one of the first
things on his agenda was to deactivate the specialized
process of traffic enforcement. Since that time, the
motorcycles have been in storage in the Police garage.
Several discussion have been held regarding their use,
perhaps short-term and it ~as his hope that the motorcycles
could be maintained in a non-enforcement capacity to be used
as funeral escorts, parades, etc., to carry the flag of the
Police Department to the public. This issue was also
addressed in the Council' 1988 Statements of Legislative
Intent and Chief Coney felt it best to bring the issue
before the Council in this format, hoping to come to a
decision to maintain the motorcycles for non-enforcement,
low risk use for the department and the City.
Roy McGinnis, 2.711 Maple Avenue, spoke in favor of the City
keeping the motorcycles for special uses, such as funeral
escorts and parades.
Mr. Crutcher and Mr. Dawkins spoke in favor of retaining the
motorcycles for special uses.
Mr. Johnson stated he did not support retaining the
motorcycles, citing the PAS Police Study as well as the
financial obligation to provide training and to outfit
officers if the City continues to use the motorcycles, as
well as a potential liability risk. Chief Coney stated that
the Department already has trained officers and equipment
and it would require only a modest effort to continue a
limited program.
Mr. Horninc stated his support of retaining the motorcycles
and requested Chief Coney provide Council with a written
memo describing the ,type of uses for the motorcycles, the
status of the insurance, training and uniforms if Council
votes to retain ownership. Chief Coney stated he would
provide the requested information. President Waibel
requested Chief Coney also include repairs needed for the
'?? vehicle.
Mr. 0verson stated the recommendation to get rid of the
motorcycles was based on a well rounded recommendation and
the suggestion to retain them is emotional and possibly
inappropriate at this time. Mr. Overson pointed out that
recent efforts to institute a "horse patrol" was stopped
because it was not appropriate and the City needs to watch
where funds are spent.
TAPE #530
City Council Reg. Mtg. Minutes
March 23, 1988
Page 4 of 8
#0687
Mr. Horninu pointed out that what the PAS Study brought out
was that the motorcycles should not be placed in activities
that would be a high risk and by retaining them for
ceremonial uses would be at a reduced risk.
M/S/C(Dawkins/Colvin) moved to not surplus the motorcycles
and to keep them for ceremonial uses.
Vote: In Favor:
Crutcher, Horton, Horning, Waibel
Collins, Dawkins, Colvin
Oppose:
Johnson, Overson
?A - ORDINAlICE (FIRST READING) WATERCRAFT I{EGULATIONS FOR
KITSAP LAEE, #ABS8-O?l
Resolution #2157 directed the Parks Board to develop a
Citizens Committee to make recommendations pertaining to
regulations for Kitsap Lake which are compatible with public
safety requirements, Comprehensive Plan and the Kitsap Lake
Water Quality Study. These recommendations were also to
consider maximum use and enjoyment by the citizens of
Bremerton.
Arvilla Ohlde, Parks Director, briefly reviewed the
formation of the Citizens Committee, noting that the
committee was comprised of individuals representing a
variety of lake users and the proposed ordinance was the
product of their efforts.
RandV Mac, chairman of the Citizens Committee and member of
the Parks Board, stated his involvement with the committee,
as well as being a resident of Kitsap Lake and his ability
to view both sides of the issues dealt with. The critical
issue was the enforcement of whatever ordinance was adopted.
Also, the committee was in unanimous agreement with almost
all of the segments of the ordinance except for a few
paragraphs and in those instances the majority ruled.
Cal Ormiston, 6531 Lake Drive, spoke against Section
13.08.020(h) relating to "watercraft operation on the lake
between sunset and 9:00 AM, shall be limited to no wake
speed", citing singling out a special interest group, water
skiers. The element of excessive noise is not limited to
boats used by skiers .... fishing boats can create just as
much noise and wake activity. Also, at both public hearings
on this ordinance there was overwhelming opposition to this
section.
Jim Strait, 6530 Harlow Drive, President of Kitsap Lake
Neighborhood Association, spoke in support of the proposed
ordinance even though there might be a question of
enforcement.
Marybeth Ormiston, 6531 Lake Drive, questioned the City
ability to maintain a 200 ft. buoy marked "safe" zone around
the lake.
John Carlson, 1427 Northlake Way, spoke in opposition to
the 9:00 AM restriction(Section 1S.080.020,) and felt it
should be removed from the ordinance. Also, he felt that
the existing ordinance covers much of the same areas
identified in the proposed ordinance and it contains a
"Sunrise to Sunset" limit to be on the lake.
TAPE #530
City Council Reg. Mtg. Minutes
March 23, 1988
Page 5 of 8
Mr. Crutcher requested Peggy Lesser, City Risk Manager, to
explain her concerns as outlined in her letter to the
Council and questioned if they had been met in the proposed
ordinance. Peu~V Lesser, Risk Manager,stated that her
concerns had not been met at this point but it was her
understanding that they would be considered at the first
reading of this proposed ordinance. Mr. Overson stated his
support to Ms. Lesser's position - that the issues she
raised need to be addressed as well as Section 13.08.020
and enforcement. Ms. Lesser briefly outlined the eight
areas she identified: (1) definition of "watercraft"; (2)
reference to confinement in City jail (should this be
changed since the City jail may not be the detention
facility used); (3) noise control standards and enforcement
(can these me met...tralning and equipment); (4) Kitsap
Lake's designation as a navigable waterway (would State
boating requirements be more appropriate and more accurate);
(5) 200 ft., perimeter designating a safe swimming area
(should or could lifeguard services for the entire perimeter
be provided); (6) lack of a public access and viewing
accommodations or public parking plan (should these be
provided to address public safety issues); (7) limiting
insurance coverage to damages arising from the acts of
specified people ( should-this be deleted or reworded); (8)
establishing a "safety zone" with buoys (should this be
renamed, establishing schedule of inspection and
maintenance, etc.).
Mr. Johnson stated that what was heard from the public and
Ms. Lesser are valid concerns but if properly addressed do
not conflict with what the Committee has proposed in the
ordinance. Mr. Johnson offered his services to work with
Ms. Lesser and Mr. Mac in incorporating some language
changes and bring back to-Council in two weeks.
Mr. Dawkins questioned if a map would be provided at the
parks or launching area to identify the positioning of the
buoys, swimming areas, etc., in order to inform out-of-town
users? Ms. Ohlde stated she assumed it would be required
to do so, referencing briefly to the ordinance and how it
mandates.
Mrs. Hotton questioned the areas that need to be addressed
regarding enforcement, is the City prepared, financially to
under take this kind of responsibility? Police Chief Lynn
Coney stated that this type of enforcement is labor
intensive and at this time the Police Department does not
have labor available to undertake this responsibility. The
impact with equipment and labor would be approximately
880,800.00. Mrs. Hotton questioned if Chief Coney would be
including this cost in his 1989 budget? Chief Coney stated
yes if that is the direction of the Council.
Mr. Overson cautioned the Council to give a close scrutiny
to the allocation of funds for an activity which involves
approximately 3~ to 4 months during which time the lake is
heavily used and may or may not justify incurring an
$80,000 cost.
#1681
M/S/C/U(Johnson/Colvin) to table this item for two weeks.
8A - CONTINUANCE OF PUBLIC HEARING ON THE APPEAL OF THE
PLANNING COMMISSION DENIAL OF A SPECIAL USE PERMIT (SUP-e-
TAPE #530
City Council Reg. Mtg. Minutes
March 23, 1988
Page 6 of 8
87) FOR A QUARRY USK WITH ROCK CRUSHER/SORTER, APPLICANT:
ACE PAVING COMPANY, INC., #AB88-079
AS per Judge James Roper of the Superior Court of the State
of Washington, his stipulation and Order dated 2/23/88
states:
"...the appeal of the petitioners from the Planning
Commission denial of a Special Use Permit for rock
crushing and quarry operation is hereby remanded to
the City Council for further public hearing. Said
public hearing is a continuance of the first public
hearing held on October 7, 1987."
Lorna Corriuan, Assistant City Attorney, stated that there
was a hearing conducted subsequent to the issuance of this
order in Superior Court and the culmination of that hearing
that the matter would be remanded back to the City Council
for further deliberations on the issue by the Council. At
this point it will not entail further input from the public
unless specifically .in response from a question from a
Council member relating to matters already contained in the
record. She also requested that Council affirmatively
indicate that every member seated had thoroughly
familiarized him/herSelf with the record produced at the
original hearing, including tapes of that hearing and
attachments offered into the record. Kathleen McCLuskeV,
City Clerk, asked each Council member if they had reviewed
or had need to review records of the prior meeting.
Councilmen Overson, Crutcher, Homing, Waibel, Colvin and
Johnson stated they were present at the previous hearing and
Councilmen Collins, Dawkins and Horton stated that they had
reviewed the tapes and all attachments which were part of
the previous hearing.
President Waibel asked the "Appearance of Fairness/Conflict
of Interest" question with all Council members being seated.
Larry Storie, 154 Sereno Circle Drive, questioned how this
hearing could be a continuance when many of the members were
not at the previous meeting. Ms. Corriaan stated that if
members of the Council have reviewed the entire past record
up to the point where public testimony was closed and
deliberations through that point of the tapes of the hearing
there should not be and appearance of fairness or violation
of the doctrine in their participating in the deliberations
at this meeting.
Mr. Johnson stated he disagreed with the actions that were
being put on the Council by the two judges, however, it
appeared there was no other choice. Mr. Johnson briefly
outlined previous Planning Commission and Council actions
which supported development which would be compatible with
the residential areas in the Kitsap Lake location; but, have
said that rock quarries are incompatible with the area and
environment. Mr. Johnson encouraged Council to uphold the
Planning Commission decision so that a rock quarry will not
be located where it would significantly Ampact the
environment of the Kitsap Lake area.
President Waibel stated that the Council has a decision to
make whether to uphold or overturn the Planning Commission's
decision. If Council overturned the decision, then a
separate motion would be needed.
TAPR #530
City Council Reg. Mtg. Minutes
March 23, 1988
Page 7 of 8
Mrs. Hotton raised the issue of noise levels and noted
that during the summer months there is a heavy use of
watercraft on the lake which generates noise as
well...making the noise level of rock quarry operation a
questionable concern. Mr. Johnson pointed out that noise
generated from a quarry operation is a continuous condition
on a year- round basis whereas pleasure craft noise is for
shorter periods of time and there are some controls to
correct or eliminate craft that have inadequate muffler
systems.
Mr. Hornin~ stated that he believed, with proper
conditions, the quarry could be safe, without distracting
noises, without pollutants, access issue was misunderstood -
providing a situation beneficial to the community, supply
quarry materials for reasonable prices to all, generate
jobs, etc, and without harm to the neighborhood. If at some
point there is evidence that it is dangerous to health and
environment, then action can be taken if conditions are
written properly. Mr. Johnson questioned the last time the
City had revoked a Special Use Permit? Don Pratt, Director
of Planning, stated approximately two years ago a Special
Use Permit was revoked for parking in a residential zone in
the Thompson Avenue area. Mr. Johnson questioned if it was
common practice to enforce--such a revocation every two years
or so? Mr. Pratt stated that in the 3~ years he had been
with the City there had been only one revocation of a SPU.
Mr. Pratt stated it was.part of the Ordinance and readily
available and worked the previous time used. Mr. Johnson
expressed his disbelief of the enforcement being carried
out.
Mr. Colvin questioned how effective would special
conditions be and who would be responsible for developing
the conditions? Ms. Corriuan stated the conditions will be
conceptual by the City Council who could call upon the City
Attorney's department to assist in specific drafting to
achieve goals and enforceability. With respect to Council's
concern, if a condition had been violated the City should
have received a citizen complaint - the enforcement would be
initiated by the Planning Department with the assistance of
the City Attorney's office. Mr. Colvin questioned the kinds
of conditions that could be imposed, including noise, street
repair, dust, etc.? Ms. Cottitan stated in general terms
they could be part of the terms...one thing the Council and
public ought to be aware of on top of conditions imposed by
the Council the State must issue a permit and the State and-
local jurisdiction will cooperate in enforcing both
permits. Mr. Johnson pointed out that there have been
instances of lack of enforcement of zoning uses in this same
area, i.e., the appleman and logging enterprise, which have
been going on for over a year.
Mr. Crutcher pointed out the importance of providing support
for the enforcement of conditions, if set, and protecting
the citizens and the environment.
#2025
M/S/C(Collins/Horning) moved that the City Council overturn
the Planning Commissions denial of the Special Use Permit
and grant the permit subject to conditions approved by the
City Council.
Vote:
In Favor:
Oppose:
Dawkins, Colvin, Waibel, Horning,
Hotton, Crutcher, Overson
Collins, Johnson
TAPE #530
City Council Reg. Mtg. Minutes
March 23, 1988
Page 8 of 8
#2390
Mr. Colvtn questioned if any interested citizen could
participate on the drafting of conditions? Mr. Hornina
stated that if anyone would like to make comments they may
submit them to Council or send to the Planning Department,
contact their Council member and he suggested that they be
submitted in writing.
President Waibel pointed out that 19 conditions were
suggested by the Planning Department and that they would be
used as a starting point.
M/S/C(Horning/Colvin) moved that deliberations and
discussions on these conditions to the attached Special Use
Permit be continued pending completion of a Study Session
on .proposed conditions - that Study Session to take place
~pril 4.
Vote: In Favor:
Crutcher, Overson, Horton, Horning,
Watbel, Colvin, Dawkins
Oppose: Johnson
Abstain: Collins
With no further business meeting adjourned at 7:10 p.m.
EATHLEEN L. MCCLUSKEY, CITY CLERK
HANK WAIBEL, Council President
City of Bremerton
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