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HomeMy WebLinkAbout08/17/88TAPE #565 CITY COUNCIL MEETING MINUTES AUGUST 17, 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, August 17, 1988 at 5:30 p.m., with Council President Hank Waibel presiding. Council members present were Lon Overson, Lynn Horton, Spencer Horning, C. R. "Tiny" Collins, Morrie Dawkins, Shirley Marry Crutcher and Russ Johnson and A1 Colvin. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance President Hank Waibel and Invocation was given by Chinchen of the Lincoln Avenue Bible Church. led by Council Reverend Vann )031 )048 CONSENT AGENDA A. Minutes of Meeting held - August 3, 1988, #AB88-200 M/S/C/U(Horhing/Crutcher) to approve Consent Agenda as presented. CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the required by RCW 42.24.080, and those claims certified as required by RCW recorded on a listing which has been council. auditing officer as expense reimbursement 42.24.090, have been made available to the M/S/C/U(Colvin/Dawkins) on August 17, 1988, the Council does approve for payment those vouchers included and further described as follows: 38052, 38053, 38054, 38055 and 38061 through 38212 in the total amount of $269,302.87. COUNCIL MEMBER REPORTS Mr. Overson reported that Scalawag Waterfront Fair went very well, he was especially impressed with the Pickle Family Circus and he expressed his appreciation of the Parks Department for all their assistance. Mr. Crutcher reported he had received a number of calls, which included: (1) support of removal of the tower at Evergreen park; (2] noise disturbance from the Pickle Family Circus performances to the surrounding neighborhood. Mrs. Horton noted that Scalawag Waterfront Fair successful and that she was looking forward to two vacation away from telephones and schedules. was very weeks of Mr. Hornin~ also noted that Scalawag W/F Fair was a great event and he hoped that the public was understanding about the Pickle Family Circus and any problems that may have resulted from the event. Mr. Horning reported on a problem that arose a year ago and through research and cooperation between the public and City the alley way below Hairarson had been recently paved. Mr. Colvin commended Lynn Horton on the successes of Scalaway and thanked the citizens for making the Lions Pancake Feed such a success. He attended Cruise In '88, which was also well attended. He visited Evergreen Park and commended the Parks Department for the covered picnic area. He noted constituency support for removal of the tower near Evergreen Park, however, careful study needs to be given as to how it is being utilized. Mr. Collins stated how much he enjoyed the Pickle Family Circus as well as other events during Scalawag. During the Council Public Safety Committee meeting Officers Greg Steele and Randy TAPE ~565 City Council Reg. Mtg. Minutes August 17, 1988 Page 2 of 9 Cox of the Bremerton Police Department, made a presentation on drug enforcement and Mr. Collins noted it was an "eye opener" on how extensive the problem is both locally and nationally. An all Council presentation on drug enforcement will be scheduled for early September in order to share this information throughout the City. Mr. Collins commended the two officers for their presentation and thanked them for the work they are doing in this area. Mr. Waibel artended and enjoyed many Scalawag events over the weekend and, also attended the London Theatre production "As You Like It", which was performed at the Bremerton Community Theatre. PUBLIC RECOGNITION Mayor Gene Lobe introduced the 1988 Kitsap County Fair Rodeo Court and their chaperon Lorraine Sarver: Queen Stephany, Princess Kristi, Princess Shannon, Princess Charmaine and Kitsap Kattie Sammatha. Each young lady reviewed Rodeo events that will take place on August 25 through 27 - starting at 7:00 p.m. Phil Drouin, 103 Olympic, Chairman of Kitsap County Solid Waste Advisory Committee, handed out to Council members a statement which referenced Mr. Johnson's comments on solid waste disposal of August 10. Mr. Drouin's written statement included costs of recycling in comparison to closure of landfills, kinds of waste which can be recycled (cans, jars, cardboard, yard clippings, vegetable greens). His position was in support of legislating for returnable containers and for bottle/can deposits. Robert Smitter, 1511 Park Avenue, presented a petition signed by 33 individuals requesting that the City of Bremerton do something to enforce traffic and safety laws on Park Avenue and to maintain them. Mr. Smitter expressed concern for the safety of children and adults living along Park Avenue due to heavy traffic use as well as increased speeding that is on going. Chris Matson, 1523 Park Avenue, expressed concern over added activities at Evergreen Park and boat ramp has brought in additional traffic into the area. Steve Woodbury, 1519 Park Avenue, supported the idea of "speed bumps" being placed along Park Avenue to slow traffic to a more safe speed. Alex Roos, 13706 Meadowlark Drive, Gig Harbor, expressed his concern and frustration with Brem-Air Disposal Inc. Mr. Roos stated a previous problem which he brought before Council had still not been resolved as well as a more recent incident and urged the Council to get a tighter reign on what Brem-Air can and cannot do in the City. Also, he suggested seeking public input and establishing an Advisory Committee to assist with contract negotiations for future garbage contracts. Michael Hosea, 1544 Elizabeth, expressed her enthusiasm for events being held at Evergreen Park as it brings in more of a family oriented crowd and urged the Council to support increased activities in the park area. GeorGe Coombs, 1310 Park, stated he did not find the Pickle Family Circus offensive in any way and felt it was an improvement over other activities that went on in the park a couple of years ago. 6A -INSURANCE BROKER SERVICE CONTRACT - CORROON & bLACK, INC., #AB88-201 The City's existing contract for insurance broker servic&s terminates December 31, 1988. Since ongoing services are necessary for the City to secure insurance coverage at the lowest possible cost, requests for proposals were solicited in June. Two proposals were received and the firms interviewed. The ,331 /95 TAPE #565 City Council Reg. Mtg. Minutes August 17, 1988 Page 3 of 9 review panel selected Corroon & Black, Inc. of Seattle as the preferred source for broker services and the office of Risk Management is requesting authorization to enter into contract negotiations with Corroon & Black for the next three years. Petty Lesser, Risk Manager, stated that for the past four years Corroon & Black had served the City well, however, in order to make sure the City had the best possible service bid proposals were sought with two bids being submitted. Corroon & Blacks bid proposal was for $20,000 per year for three years and Arthur J. Gallagher & Co., (Denver, Col.) for a range of S18,500 - $24,000 per year. Their range depended upon the City's need and use of loss control and property appraisals. Ms. Lesser noted that the City will require some property appraisals in the coming year which would make the two bids very similar in costs. Because Coorron & Black had provided such excellent service in past years there was not reason to change firms at this time. Mr. johnson questioned if the City had additional insurance not listed on the schedule of insurance provided in the agenda as he found the total premium less than he had anticipated? Ms. Lesser stated no, but a great deal of effort had been made to reduce the premium. M/S/C/U(Johnson/Colvin) to authorize the Risk Manager to enter into contract negotiations with Corroon & Black, Inc., on the basis of their proposal. 6B - APPOINTMENT TO CABLE COMMUNICATIONS ADVISORY COMMITTEE- TERESA HOVE', #AB88-202 The resignation of Elliott Swanson creates a vacancy on the Cable Communications Access Committee. Mayor Lobe requested Council confirmation of the appointment of Teresa Hove' to fill the unexpired term of Mr. Swanson through May 1989. Kathleen McCluskey, City Clerk, stated that Ms. Hove' serves as a cameraman with the TV cr'ew who film City Council meetings. She also noted that Ms. Hove' had been attending the Committee meetings as a volunteer for a number of months. Mr. Colvin stated the Council does very much appreciate the volunteers and apologized for the times that appreciation is not conveyed. M/S/C/U(Crutcher/Horning) to confirm the appointment of Teresa Hove' to the Cable Communications Access Committee filling the unexpired term through May 1989. 7A - ORDINANCE (FIRST READING) AMENDMENT OF B.M.C. 2.40.180 AND ADDING NEW SECTION FOR USE OF ACCRUED SICK LEAVE TO CARE FOR MINOR CHILDREN, #AB88-203 The Washington State Legislature has mandated by Substitute House Bill 1319 that employers shall allow an employee to use accrued sick leave to care for a child of the employee under the age of eighteen (18) with a health condition that requires treatment or supervision. This bill is effective September 1, 1988. MarGery Holsather, Personnel Department, briefly reviewed the recent state law and noted that final guidelines had not been received from Labor And Industries, however, it is being proposed at this time to change the City's ordinance to align it with State law. Final guidelines from Labor And Industries should be received by September 1. Kathleen McCluskey, City Clerk, read into the record Section 2.40,185 Use of sick leave for minor children. Payment of sick leave shall be allowed to care for the child of an employee under _815 TAPE #565 City Council Reg. Mtg. Minutes August 17, 1988 Page 4 of 9 the aae of eiahteen (18) with treatment or supervision". a health condition that requires Mr. Collins urged citizens to look at each legislator and what they are costing them in taxes. And, he felt it was essential that the people of the City of Bremerton take a look at what is being enacted in the guise of do good. Mr. Johnson noted his support of the legislation but did not support passing this on an emergency basis. President Waibel explained there was an emergency basis because the City must be in compliance by September 1. Ian Sievers,City Attorney, stated the directive from the State did state that it shall be passed by September 1, however, guidelines for implementation have not been received but the mandate is still there and the City has to make the best judgement how to implement the language of the statute. Mr. Johnson questioned - the City Council just has to pass the ordinance - but not on an emergency basis? Mr. Sievers stated yes but it should be in place by September 1. Mr. Colvin questioned if the City would be in violation if not passed on emergency basis? President Waibel noted that during the first three weeks of September no employee would be allowed to take sick leave for that purpose and would be in violation. Mr. Sievers stated his recommendation would be that in the event someone requested leave for that purpose they would be allowed even though it would be in violation of the City Ordinance but would be in compliance with State statute. Mr. Colvin stated for clarification that the City employee is not receiving additional sick leave. Mr. Sievers stated the sick leave accrual does not increase but is allowed to use it for another reason. Ms. Holsather explained that currently City employees can only use sick leave for their own illnesses - may not use for illnesses of other family members, however, if the City's ordinance is not changed then State law preempts. Mr. Collins stated he would support this issue on an emergency basis, however, he did not agree with this piece of legislation. Mr. Crutcher expressed concern that by not passing this on a emergency basis it would have a negative effect on employee moral and would give the employees the impression they were being unjustly treated. Mr. Johnson pointed out that the Council took an oath to uphold the City Charter and did not believe this issue was an emergency issue. Mr. Sievers stated the City Charter says that an ordinance must contain a statement of its urgency. Mr. Hornina stated he understood Mr. Johnson's position, however he would support this passage of this ordinance on an emergency basis. M/S/F(Crutcher/Dawkins) to approve Ordinance, on emergency basis, allowing use of sick leave accrual for health care for minor children, amending Chapter 2.40 B.M.C. Vote: In Favor: Oppose: Motion Failed. Overson, Crutcher, Horton, Horning, Waibel, Collins, Dawkins, Colvin Johnson Mr. Collins questioned what would the penalty be for the City if an employee wishes to use his/her sick leave for an ill child and would it put a supervisor in harms way? Mr. Sievers stated no, the responsibility of granting of leave would be through the Personnel department and would be considered a lawful act even .938 TAPE #565 City Council Reg. Mtg. Minutes August 17, 1988 Page 5 of 9 though the statute. City's law had not been amended to reflect the State M/S/C/U(Horning/Horton) to approve Ordinance, on first reading, allowing use of sick leave accrual for health care for minor children, amending Chapter 2.40 B.M.C. 7B - ORDINANCE (FIRST READING) RESTRICTING CRUISING IN THE CENTRAL BUSINESS DISTRICT, #AB88-204 The proposed ordinance restricts the number of times a vehicle may pass any given point in the downtown core. A similar approach has been taken by other northwest cities to relieve traffic congestion in limited geographic areas which is caused by cruising. Certain vehicles with trips which is more incremental increase restriction. a need to exceed the minimum number of important to the community than the in congestion are exempt from the Violators will be cited for an infraction punishable by a maximum fine of $250.00. Ian Sievers, City Attorney, noted this topic had been discussed during several Council Study Sessions and there have been a number of legitimate public objections to support some kind of control over cruising. The variable in this type of ordinance the Council may want to address - number of times which a vehicle can be present at any one point on the street within a given amount of time and the area to be defined as a congested traffic area. President Waibel added another area for consideration might be the duration of the congestion time as well. Mr. Crutcher expressed his concern that there was not a large group of people fighting this proposal. And, he felt that the City had to address this situation to help control drug dealing and making it an environment that would turn off those who would make an investment on the waterfront. Mr. Overson requested clarification as to exactly what is the problem and why is this proposal the solution? Captain Joe Hatfield, Acting Police Chief, explained cruising is not a new problem, however, within the past two years has become a more significant problem than in years past. The reason for this is the associated type of activity brought in by the young people in cars to downtown Bremerton. Personally, he did not feel that the problems are related to just people in the cars and vehicles themselves, however, the additional problem stems from the foot traffic that is generated into the downtown core because of the cruising - use of hard drugs and drinking of alcohol, association of assaults, etc. Officers on duty are not free to just patrol the downtown area...they are busy with responding to other type emergency calls throughout the City. Captain Hatfield noted that the proposed ordinance is the second step in combating cruising- it gives the Police some teeth for citing individuals within the boundaries as defined and to monitor traffic. It will not be easy to enforce the ordinance. Recent police enforcement has included increased foot patrols in the downtown area which has increased number of arrests as well as significantly larger number of traffic citations. And, the Police Department is making a supreme effort to bring the situation under control and supported enactment of the proposed ordinance to help in that direction. Mr. Overson questioned the real value of an ordinance such as this considering the other regulatory laws on drugs and public drinking? Captain Hatfield explained the proposed ordinance will have an impact on only the vehicles themselves and the people in them. If the cruising is reduced significantly ~PE #566 TAPE #565 City Council Reg. Mtg. Minutes August 17, 1988 Page 6 of 9 then it is reasonable to assume that some of the other activities will dissipate as well. Mr. Overson brought up point of people coming in from out-of-town who ignore the laws...will their vehicles be confiscated, etc.? Captain Hatfield explained the ordinance itself would not provide the mechanism to resolve all issues, but there are other avenues if an individual refuses to sign a citation. Mr. Overson questioned how many non-Bremerton residents participated in cruising? Captain Hatfield estimated approximately 5~ of the cruisers. Mr. Johnson viewed cruising as an event and if there weren't participants then there would not be an event and he supported raising the penalty up to a misdemeanor and maximum fine and jail time left up to the Municipal Judge. Mr. Johnson felt that a time limit on how long someone can sit in the road way should be part of the ordinance. Capt Hatfield stated Police Department management is more than happy to work through the Public Safety Committee - open to suggestions and willing to discuss alternative measures. Mr. Johnson supported the idea of considering this request on an emergency basis due to the issue of safety involved. Ian Sievers pointed out that the penalty proposed by Mr. Johnson has several legal considerations: (1) very few traffic violations are misdemeanor or gross misdemeanors, most are infractions; (2} it limits flexibility in enforcement, not only using on board data processing equipment but also video equipment and issuing citations later. However, it was determined that it would be difficult to make positive identifications on drivers via the video. As part of the infraction process it could be presumed that the registered owner of the vehicle would be in the vehicle at the time of filming and could be followed up for citing at a later date through vehicle records information. This presumption is not available for misdemeanors or gross misdemeanors and may be another enforcement tool by keeping it an infraction. Mr. Collins stated since it is desired to stop cruising he suggested blocking off Pacific to stop cruising. President Waibel did not support the idea of blocking Pacific because then it would be blocked for everyone and it is questionable that it can be controlled with the current manpower available, however, he did supported the proposed ordinance. Mr. Dawkins related how the City handled the impact on parking during football season with street blocking and suggested trying blocking off the streets just during the crucial cruising time frames. Mrs. Horton stated she did not support letting a certain element of society, such as drug trafficking, hold the City hostage and supported the proposed ordinance in order to protect the businesses and citizens of Bremerton. Mr. Hornina stated how unfortunate that the City had to go to this extent of control. He related his experience of having gone on foot patrol with the officers and was shocked by the lack of respect shown to the Police and lack of respect to the City ordinances. And, during discussions with patrol officers several alternative methods for controlling cruising activities had been offered and he supported delaying action on this request for a couple of weeks until further study can be given to all alternatives. Mr. Collins questioned how many people would be required to enforce the proposed ordinance? Captain Hatfield stated he did not think overtime would be significant but would require utilization of one regular officer on duty plus a reserve 1813 )391 )420 TAPE #566 City Council Reg. Mtg. Minutes August 17, 1988 Page 7 of 9 officer. Further research will be made with the Data Processing Department as to availability of a lap top computer to input information. Mr. Overson did not support delaying this issue for three weeks, however, if extended for three weeks urged the Council Public Safety Committee to move forward with due speed. President Waibel urged Council members to get their input on the three issues raised by the City Attorney to the Committee as soon as possible. President Waibel noted that Council had directed the law enforcement staff to look into alternatives over a month ago, had requested the City Attorney to develop an ordinance and he did not support delaying the issue further. Mr. Crutcher agreed with President Waibel and did not support delaying further action on this issue. M/S/C/(Johnson/Collins) to remand this item to the Council Public Safety Committee for three weeks and return on the Council Agenda as an Emergency Ordinance. Vote: In Favor: Colvin, Johnson, Dawkins, Collins, Overson, Horton, Horning Opposed: Waibel, Crutcher 7C - ORDINANCE #4167 (SECOND READING) STREET VACATION TERMINATION OF HEMLOCK STREET AT THE EAST SIDE OF WARREN AVENUE - AGENT STEVE ANLSTROM, #AB88-195 Roy McInnis, 2711 Maple Street, questioned if the City council had changed their procedure on second readings of ordinances in that they have been recently extending the opportunity for public input on all second readings? President waibel explained, based on advice from the City Attorney, that the public was being offered the opportunity to give input, preferably new input, during the second reading. M/S/C(Overson/Horton) to approve Ordinance #4167, on second reading, to vacate portion of that street known as Hemlock Street adjacent to and east of the Warren Avenue Bridge approved per petition of Steve Ahlstrom (SV-3-87). Vote: In Favor: Abstain: Overson, Crutcher, Horton, Horning, Waibel, Collins, Dawkins, Colvin Johnson 7D - ORDINANCE #4168 (SECOND READING) REZONE R-1 TO B-2 OF PORTIONS OF LOTS 169, 170, 171 AND VACATED STREET RIGHT-OF-WAY AT THE TERMINATION OF HEMLOCK STREET AT EAST SIDE OF WARREN AVENUE BRIDGE APPROACH - APPLICANT STEVE AHLSTROM, #AB88-196 M/S/C/U(Crutcher/Dawkins) to approve Ordinance #4168, on second reading, amending the use and area maps of Ordinance #1792 upon application of rezone from R-1 to B-2 and subject to various requirements and other applicable laws and regulations. (Steve Ahlstrom at Hemlock Street) 7E - RESOLUTION #2225, SUPPORTING IMPROVED CROSS SOUND PASSENGER AND FREIGHT TRANSPORTATION, #AB88-198 The Puget Sound Council Of Governments through its Standing Committee On Transportation and its Westside Corridor Steering Committee, is attempting to provide comprehensive and integrated cross-sound transportation. Bremerton's encouragement and support is vital to the success of that activity. This resolution demonstrates our commitment to this effort. Don Pratt, Director Community Development Department and Chairman of the PSCOG Technical Support Committee for West TAPE #566 City Council Reg. Mtg. Minutes August 17, 1988 Page 8 of 9 Corridor Study, encouraged Council to read the resolution which makes a significant statement and is well stated. He reported that a display had been set up in the foyer=of City Hall that was created as a part of a public education program as to what the West Corridor Study is. Briefly stated, the West Corridor Study attempts to find ways to create a transit system out of a steamship company. The Ferry System operates like a steamship company with many feeling that there are special environmental concerns, weather, with seas, environmental with unions, environmental with location of ferry terminals, etc., therefore causing them to operate different performance standards than bus companies. A major difference between the local Kitsap Transit System and the Ferry System is having an "on time" service and the Ferry System is starting to appreciate but does not yet understand the value of "on time schedules" as part of their system. He was struck by public policy for the region was to keep vehicles out of downtown Seattle but the Ferry System rate structure and sailing schedule, in fact, serves the automobile and does ~ disservice to the walk on passengers, thereby encouraging vehicles to come into the downtown area. Also, the right- of -way costs for a major highway coming into Seattle downtown area is in the 10's of millions of dollars per mile to buy and build right-of-way but a vessel can be placed on a run for approximately one million per vessel and no cost for right- of-way across the water. Mr. Pratt noted that the proposed resolution speaks to those items and generally asks for Council endorsement to continue that effort and he recommended that Council follow through with an approval. In addition, he pointed out that upon reviewing the study it was noted that what the Seattle Ferry Terminal is to look like in the future does not include any provision for transit busses at that terminal. People coming off the ferry will have to walk up to 150 yards on First Avenue to catch a bus and Mayor Alice Tawrese, after discovering this, demanded an accounting of that problem from Admiral Parker who agreed, his not being aware before it was pointed out. Mr. Pratt explained that the West Corridor Technical group has a SWAT team now working with the City of Seattle, Department Of Transportation, Ferries and Metro designing a way to get buses on the terminal, similar to the way the Bremerton Ferry Terminal is set up. President Waibel noted that he is a member of the Standing Committee on Transportation and the West Side Corridor Steering Committee and is very supportive of the resolution. He encouraged Council members as well as the public to view the display as it contains a wealth of information. Mr. Overson questioned if the City will be able to capture the information, possibly in a smaller way, provided on the current display? Mr. Pratt stated he would follow up to see if something could be provided. Mrs. Horton stated her support of the resolution and from personal experience in the past totally supports the availability of bus transportation at the Ferry Terminal site. Also, she noted that it is best to join together with other areas affected by the Ferry System in order to bring about changes. Mr. Hornin~ stated that not all communities are in the "same boat" and that it was through Puget Sound Council Of Governments where all of this has taken place and there had been previous criticism what does it do for Bremerton...this is just one of the many areas that PSCOG has been a major player. Mr. Johnson appreciated having the opportunity to have input to the resolution, especially that portion dealing with freight and 803 TAPE #566 City Council Reg. Mtg. Minutes August 17, 1988 Page 9 of 9 cargo as well as passenger ferry service. He looks to the future as bringing more freight type service thereby eliminating some of the heavy traffic off the freeways. This could be coordinated through joint use of ferry terminals by the private and public sector. M/S/C/U(Dawkins/All Members Of City Council) to adopt Resolution #2225, supporting improved cross-sound passenger and freight transportation. With no further business meeting adjourned at 7:30 p.m. KATHLEEN L. MCCLUSK~ERK APPROVED City of Bremerton KLM/HW/me cc: Normal Distribution File/Vault