HomeMy WebLinkAbout04/06/88TAPE #533
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
APRIL 8, 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, April 6,
1988 at 5:30 p.m., with Council President Hank Waibel
presiding. Council members present were A1Colvin, Morrie
Dawkins, C. R. "Tiny" Collins, Russ Johnson, Lynn Hotton,
Lon Overson, Spencer Homing and Shirley Marry Crutcher.
Also present were City Attorney Ian Sievers and City Clerk
Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by
Council President Hank Waibel and Invocation was given by
Reverend Dale Johnson of the Christian Servicemen's Center
#0011
#0043
CONSENT AGENDA
A. Minutes of Meeting Held March 23, 1988, #AB88-089
M/S/C/U(Crutcher/Dawkins) to approve
presented. '
Consent Agenda as
CLAIMS/WARRANT 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/Crutcher) on April 6, 1988, the Council does
approve for payment those vouchers included and further
described as follows: Warrants Nos. 35495, 35501 through
35606 in the total amount of $255,S72.70 and Regular Payroll
in the total amount of $344,518.19.
PUBLIC RECOGNITION
Mayor Gene Lobe read Proclamation recognizing educational
and service programs available to young children helping to
ensure that our young children, regardless of social or
economic status will reach their full potential and
proclaimed April 11 through 17 as WEEK OF THE YOUNG CHILD.
Mayor Gene Lobe read Proclamation recognizing the
obligation of the Department of Emergency Management of
Kitsap County to educate its community about preparedness
and response for all emergencies and proclaimed April 10-
16, 1988, as EARTHQUAKE AWARENESS WEEK.
Mayor Gene Lobe read Proclamation honoring Former Prisoner
Of War Veterans who were taken prisoner on Batsan April 9,
1942, acknowledging the debt that we owe each of them, their
loved ones and families and 'in recognition proclaiming
Saturday, April 9 as FORMER PRISONER OF WAR RECOGNITION DAY.
Mr. John Eichmann accepted the Proclamation and announced
that on Saturday April g, 11:00 AM at the Batsan Park a
program and memorial service will be held honoring all who
served on Batsan during WWII. Mr. Eichmann announced that
President Reagan signed a bill making April 9th the
permanent Former Prisoner Of War Recognition Day and he
invited anyone interested to attend the activities planned.
TAPE #533
City Council Reg. Mtg. Minutes
April 6, 1988
Page 2 of 8
Mayor Gene Lobe presented Certificates Of Appreciation to
Robert Moore and Bert Gegner for their giving of their time
and talent to serve on the Planning Commission. Robert
Moore thanked Mayor Lobe and stated it had been an honor
for him to serve on the Planning Commission for five years.
Bert Ge~ner thanked Mayor Lobe and the three Council members
who were serving at the time of his appointment; and he
enjoyed the opportunity and found it to be enlightening.
Mayor Gene Lobe presented a Certificate Of Appreciation to
City employee Kay Wilson, who has served the City for over
10 years, acknowledging her contributions. Kay Wilson,
Planning Department, stated she has had the honor of working
under four Mayors, numerous Council and Planning Commission
members and four Planning Directors, as well as herself
serving as Acting Planning Director. She stated the
highlights of her service with Bremerton have been the
people she has worked with as well as from the public who
always had the best interest of Bremerton in their heart.
And, she looked forward to many more years of serving the
citizens of Bremerton.
Andrew ParVpa, 1122 Hayward Avenue, spoke on several issues
which included: (1) the inequity of allowing vehicles to
park on parking strips and making the adjoining property
owner responsible for any damages; (2) damage to water meter
lids from vehicles parking on parking strips; (3) improper
parking of vehicles on one-way street (Pleasant Avenue and
Highland Avenue); (4) vehicles parking on sidewalk areas,
making children and others walk into the street to go around
the parked vehicle; (5) lack of enforcement of City
ordinances. Mr. ParVpa requested that the City do something
to remove the liability of the adjoining property owner
having to pay for damages to parking strips and to make the
streets cleaner and safer. President Waibel instructed City
Attorney Ian Stevers to provide a response to Mr. Parypa's
request and provide the Council with a copy. Mr. Sievers
stated that an ordinance rewrite on parking strips will be
on the Council's agenda for April 13.
Elizabeth Buell, 1722 High Avenue, raised the question,
"what to do about sidewalks where there are no curbs"?
COUNCIL MEMBER REPORTS
Mr. Colvin announced that a meeting will be held on
Thursday, April 7, 1988, 5:00 p.m., in the City Council
Chambers to brainstorm ideas for the "Spring Clean Up"
campaign. He noted participants so far included local
businessmen, Chamber of Commerce, Bremerton School District,
Visitor and Convention Bureau, City officials/Staff/Judge
Rainey, Don Lindgren/Brem-Air Disposal and a good number of
local interested citizens.
Mr. Dawkins announced he would canvas his neighborhood area
near Bataan Park, letting the residents know of the
scheduled event to be held at the park on April 9, at 11:00
AM, which may cause some traffic routing revision and
congestion.
Mr. Collins acknowledged the significance of the Former
Prisoner Of War Recognition event and participants of that
event to all American citizens. Mr. Collins stated he was
honored that the ICity of Bremerton was host to the
Congressional Committee Hearing which was held on this date
regarding the Federal employee/Hatch Act.
TAPE #533
City Council Reg. Mtg. Minutes
April 6, 1988
Page 3 of 8
#1421
Mr. Crutcher thanked The Sun for the coverage (picture) on
the annual clean up activity on Saturday, April 2.
Continued clean up activity will be undertaken during all of
April, helping to make our community a cleaner and safer
place to live.
Mrs. Horton reported Bremerton Main Street Association has
applied for a Washington Centennial Grant through Rainier
Bank/Visa Bank Card, which applies to a little park at the
end of Pacific Avenue at First Street. Plans include
removing the existing planter box and removing the shrubbery
thereby opening up the area and replanting with some new
trees, which are approved by the Shipyard Security, making
an area which can be enjoyed my everyone in that general
area. The Grant requested was in the amount of $15,000 and
if the request is not granted, the Parks Department and
Street Department along with Bremerton Main Street
Association are committed to opening the area up.
Mr. Horninc reported, as one of three representatives on the
Kitsap Executive Planning Council, that Kitsap Transit
announced a new program whereby they transport shipyard
workers through the shipyard to the Port Orchard ferry,
helping to eliminate some of the parking concerns; the Board
of Health announced that Dr. Wills Fisher is available to
give programs on AIDS to groups; Bremerton National Airport
remains in the running as a potential part of the expansion
of SEATAC Airport functions.
Mr. Waibel reported, as a representative to Subregional
Puget Sound Council of Government, that the Westside
Corridor Steering Committee will be meeting on April 18 - on
board a Seattle bound ferry - with the assigned task
determine what is the best way the Westside Corridor is to
operate and how to hook into the Eastside Corridor. Mr.
Waibel read into the record a letter received from Kitsap
County Cencom thanking the Mayor and -City Council for
reimbursement of the City-portion of the telephone tax for
Enhanced 911.
President Waibel announced that Item 8C had been pulled from
the Agenda and would not be heard.
6A - PLANNING COMMISSION APPOINTMENTS: GUY BECKETT, RAY
NORTON, BURT PEARCE, #AB88-082
Mayor Gene Lobe stated that one position was re-appointment
of Guy Beckerr who requested to continue serving and filling
of two vacancies positions by Ray Norton and Burr Pearce.
Mr. Johnson stated he had input from others who had
expressed concern that all three applicants had business
professional background, which might make the composition of
the Planning Commission out of balance. Mr. Johnson stated
it might be a perception, however, he did not support it.
M/S/C/U(Johnson/Collins) to approve the appointment of Guy
Beckerr, Ray Norton and Burr Pearce for full terms as
Planning Commissioners.
Ray Norton expressed his thanks to the Mayor and Council
and stated he was honored and somewhat humbled and looked
forward to the responsibilities ahead.
7A - ORDINANCE (FIRST READING) WATERCRAFT REGLrLATIONS FOR
KITSAP LAKE, #AB88-071
TAPE #533
City Council Reg. Mtg. Minutes
April 6, 1988
Page 4 of 8
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, stated that after meeting
with Councilman Russ Johnson and Peggy Lesser, Risk Manager,
several points had been redrafted and the main concerns were
words stating "safety zone" which were reworded as "no wake
zone". Ms. Oh/de indicated that Section 13.08.50
concerning swimming area and no wake may'need some review to
make sure it is clear and understandable, keeping it in or
as altered.
Brian McConn, 6555 Lake Drive, expressed concern with the
distance and angle of take off and landing of water skiers.
Cal Ormiston, 6531 Lake Drive, questioned if City Council
members had received his letter which related to Section
13.08.020(h)"Watercraft operating between sunset and 9:00 AM
shall be limited to wake speed". He supported not placing a
restriction during this time and felt confident City Council
would make the right decision on this issue.
John McKaV, 1521 North Lakeway, expressed concern that the
leverage 6f the proposed ordinance had taken away the
multiple use of the lake and benefited only one group of
individuals.
Tony McNeil, 6621 Lake Drive, expressed concern that the
blasting and operations from the Kitsap Lake Rock Quarry
would be more of a nuisance than boats on the lake at an
earlier hour and he was concerned with the 200 ft. minimum
safety zone, noting that this may present a safety hazard
for boats in some areas of the lake. Mr. McNeil did support
having swimming areas near the park.
Marvin Randolf, 6210 Hatlow Drive, stated he had served on
the Citizens Committee, and indicated that Section
13.080.20(h) was a controversial issue which required the
Committee to vote on the inclusion of the restriction
identified. He urged Council to approve the Ordinance so
that it can be in place prior to heavy usage of the lake.
Mr. Johnson suggested fine tuning several items in the
proposed ordinance, such as the take off and landing angle
for water skiers; under Section 123.08.020(h) possibly
moving the restricted use up by one hour, making it Sunset
to 8:00 AM; in areas where it would not be safe to enforce
the 200 ft. safety zone include wording to allow the Parks
Director to vary from the 200 ft. restriction; delete
Section 13.08.050 completely.
Mr. Crutcher questioned... under Section 13.08.100 Reporting
of Accident, there is no minimum damage amount specified,
therefore, every accident no matter what amount of damage
would have to be reported. Ian Sievers, City Attorney,
stated that under the ordinance it would be a misdemeanor
and would be enforced as such if a report was not submitted,
however, he stated that a minimum level of damage could be
stipulated in the Ordinance, if desired.
TAPE #533
City Council Reg. Mtg. Minutes
April 6, 1988
Page 5 of 8
#259?
Mr. Overson expressed concern that the City was not in a
position to enforce the proposed ordinance and questioned
the feasibility of a user fee to cover the cost of
enforcement. Ms. Ohlde stated she had looked into this idea
and felt it might be a viable option in a year or two. At
the present time she did not have a current count of the
number of boats using the lake and this information would
have to be gathered during the coming season. Mr. Overson
questioned the City's liability if the ordinance is passed
knowing that enforcement is limited? Mr. Sievers stated
hopefully not a lot under current case law as long as a
single class of people is not designated for protecting and
is kept on a more general basis protecting the general
public. Mr. Overson pointed out the need to inform the
public/lake users of the rules being enacted. Ms. 0hlde
stated that due to their not receiving the grant funds they
do not have funds budgeted to carry out an extensive
information program. Mr. Johnson briefly discussed the
possibility of the County instituting a boat tax, granting
them jurisdiction on water ways in order to provide funding
for enforcement.
Mr. Dawkins questioned the section which relates to "testing
of boats" for regattas, etc. RandV Mac, 2615 Stevens
Drive - member of Citizens Committee - stated that
"authorized testing" needs to be clarified. Mr. Dawkins
questioned why the reference to aviation use was dropped?
Mr. Mac explained that airplanes are regulated by the FAA
and cannot be included in the ordinance nor restricted from
using the lake. Mr. Johnson pointed out that the City could
designate the lake off limits, however, it would entail a
lengthy process of notification to aviators and changing
maps and at this point not a significant issue to under take
such a process.
President Waibel pointed out that several areas of concern
identified by the City Attorney had not been addressed. Mr.
Sievers explained the need to delete Sections 13.08.010(4)
this term is not used in the ordinance and need not be
defined; Section 13.08.050 should be omitted as previously
suggested; Section 13.08.070. should be deleted as the City
has a general provision which already covers the penalty;
Sections 13.08.090 and 13.08.020(e)(4) should be deleted due
to State Law.
M/S/C/U(Johnson/Collins) to table this item for one week.
?B - RESOLUTION #2212, PROPOSED SPEED LIMIT CHANGE - WHEATON
WAY, #AB88-090
The Traffic Safety Commission recommends the speed limit on
Wheaton Way from Sylvan Way to Riddell Road be reduced to 30
mph. The speed limit in this area was set at 35 mph when
there were low traffic volumes and little commercial
development. Growth of commercial development and traffic
volumes have been significant resulting in the need for this
requested change. This change would result in a 30 mph
limit from the bridge to the north City limits.
In 1973 the average week day traffic south of Riddell Road
was 11,300 vehicles per day, in 1987, it was 28,900 an
increase of 250%.
In 1973 the traffic volumes were 14,700 vehicles per day
north of Sylvan Way. In 1987 the count was 31,000 an
increase of 211%.
TAPE #533
City Council Reg. Mtg. Minutes
April 6, 1988
Page 6 of 8
APE #534
Dave Baker, City Engineer, stated the proposal was being
presented basically due to the inconsistency along Wheaton
Way between north end of Warren Avenue Bridge and Riddell.
Mr. Baker pointed out that the traffic rate had increased
dramatically and the accident rate had increased
tremendously as well. In addition to the inconsistency,
the City's liability is affected. The Engineering
Department and Traffic Safety Commission with concurrence
from the Police Department recommend the speed be changed
to one that is consistent (their recommendation 30 mph).
Betty Buell, 1722 High Avenue, spoke in favor of making the
speed limit consistent and questioned who owned the sign at
McDonald's which states "Right Turn Only"? Dave Baker
stated the sign described belonged to McDonald's and not a
City responsibility.
Mr. Dawkins strongly recommended endorsement of the change
to 30 mph, noting drivers have a tendency to travel above
the speed limit as it is.
Mrs. Hotton questioned what the speed is on the Warren
Avenue Bridge and the speed limit between the Shipyard and
bridge? Mr. Baker stated 35 mph on the bridge and 30 mph
from the end of Warren to the Shipyard. Mrs. Hotton stated
her support of having consistent speeds on City streets and
felt that the speed limit was not the cause of increased
accidents but the lack of safety response on the partof the
drivers.
Mr. Horninq stated his support of setting the speed at S5
from the Warren Avenue Bridge north, noting that during
heavy traffic periods traffic will move only as fast as the
congested flow will allow and during off-peak hours the S5
mph limit will move traffic quicker through that area.
Mr. Crutcher pointed out the need to slow traffic down to 30
mph in order to protect residents and pedestrians.
Mr. Overson expressed his need to have additional
information supporting the safety factor regarding 30 mph vs
35 mph.
President Waibel questioned who would be guilty, the person
who fails to signal to turn or the person following? Ian
Sievers, City Attorney, stated there are considerations such
as driving with do care, not following to closely,
signaling, etc. President Waibel questioned which kinds of
infractions have been cited? Mr. Sievers stated he would
have to check with Municipal Court but estimated they would
probably be about equal.
Mr. Dawkins questioned if the City's liability is greater if
the City has conflicting signs posted? Mr. Sievers yes,
the City could get involved in a percentage of liability in
the event of an incident where determined that the
inconsistency of speed limit contributed to it. Mr. Dawkins
questioned if Kitsap Way also has varying speeds? Mr. Baker
stated Kitsap Way is not a State Highway.
President Waibel and Mr. Horninq both supported the idea of
further study of this item. Mr. Baker stated that from his
point of view as anEngineer and from a safety point of view
he recommended 30, however, if Council desires 35 then they
may set it at that.
TAPE #534
City Council Reg. Mtg. Minutes
April 6, 1988
Page 7 of 8
#0237
M/S/C(Colvin/Horning) to table until after the May Study
Session.
Vote: In Favor:
Overson, Hotton, Homing, Waibel,
Collins, Colvin, Johnson
Oppose:
Crutcher, Dawkins
Mr. Johnson suggested that in the interim the City develop a
base line ordinance outlining speed limits on all State
Highways running through the City. Also, the Traffic Safety
Commission ordinance prevfously adopted be modified giving
them authority to set speed limits on City streets. Mr.
Morning stated that the City does have a "speed limit" which
is 25 mph unless otherwise posted. Mr. Overson questioned
how the average citizen would have knowledge of this? Mr.
Baker responded that the information would be found in the
RCW's. Mr. Baker requested from Council what they desired
as to additional information. President Waibel, Mr. HorninG
and Mr. 0verson listed the following: (1) number of vehicle
accidents; (2) kinds of infractions incurred; (3) analysis;
(4) Judge's rulings on rear end accidents and turn signals;
(5) any possible impact on transition of congested traffic.
#0384
7D - ORDINANCE (FIRST READING) ORGANIZATION ORDINANCE FOR
COP~eUNITYDKVELOPMMNT DEPARTMENT, #AB88-092
M/S/C/U(Collins/Crutcher) to approve Ordinance, on first
reading,governing the Department of Community Development.
7E - ORDINANCE (FIRST READING) ORGANIZATION ORDINANCE FOR
CITY ATTORNEY'S OFFICE, ~AB88-093
Ian Sievers, City Attorney, stated that at the Study
Session question had been raised about the "Attorney's
evaluation" not being in the ordinance~ however, it is
referenced to Ordinance #4102 with the Mayor and City
Council sharing that responsibility.
Mr. Overson questioned in the event of a conflict which
document, the Attorney's contract or this ordinance, would
be upheld? Mr. Sievers stated it would be his contract as
it contains conditions which are personal to him; if he were
to leave then it would be subject to the ordinance.
Mr. Johnson expressed concern that one area was not included
in the ordinance - who decides what type of law enforcement
and what type of litigation the City pursues. In the future
he would like to work with the City Attorney to bring before
the Council an ordinance which addresses this concern.
#0545
M/S/C/U(Johnson/Colvin) to approve Ordinance, on
reading, governing the office of the City Attorney.
first
?F - ORDINANCE (FIRST READING) ORGANIZATION ORDINANCE FOR
PUBLIC WORKS DEPARTMENT, #AB88-094
Ian Sievere, City Attorney, requested a change under Section
.020-B to read: "Communications. This division shall be
managed by the Street Superintendent .... ".
TAPE #534
City Council Reg. Mtg. Minutes
April 6, 1988
Page 8 of 8
#0710
Mr. Johnson questioned if there was a duplication of records
management under Section .020-D between Engineering
Department and the City Clerk? Kathleen McCluskeV, City
Clerk stated she vaults original .legal documents. Mr.
Sievers stated he believed the intent of the section was to
retain copies of these records so that they can be monitored
but not meant to be original copies.
M/S/C/U(Johnson/Colvin) to approve Ordinance, on first
reading, governing the Department of Public Works with a
clarification by staff of Section .020-D to be completed
prior to second reading.
With no further business meeting adjourned at 7:40 p.m.
_A~__~_~
HANK WAIBEL, Council President
City of Bremerton
KLM/HW/me
cc: Normal Distribution
File/Vault
KATHLEEN L. MCCLUSKEY, CITY CLERK