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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