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HomeMy WebLinkAbout03/23/88TAPE #530 APR S = 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. TAPE #530 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 KLM/HW/me cc: Normal Distribution File/Vault