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HomeMy WebLinkAbout09/07/88TAPE #573 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES SEPTEMBER 7, 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, September 7, 1988 at 5:30 p.m., with Council President Hank Waibel presiding. Council members present were Lon Overson, Shirley Marty Crutcher, Lynn Horton, C. R. "Tiny" Collins, Morrie Dawkins, A1 Colvin and Russ Johnson. Councilman Spencer Horning was absent. Also present were City Attorney Ian Sievers and Deputy City Clerk Gil Johnson. The meeting opened with the Pledge of Allegiance President Hank Waibel and Invocation was given by Eichmann of the Bremerton Servicemen's Center. led by Council Reverent John 014 038 CONSENT AGENDA A. Minutes of Meeting held - August 24, 1988, #AB88-216 M/S/C/(Crutcher/Dawkins) to approve Consent Agenda as presented. Vote: In Favor: Abstain: Overson, Crutcher, Waibel, Collins, Dawkins, Colvin, johnson Horton 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/Horton) on September 7, 1988, the Council does approve for payment those vouchers included and further described as follows: 38445 through 38562 in the total amount of $309,813.10 and Regular Payroll in the total amount of $365,477.50. COUNCIL MEMBER REPORTS Mr. Johnson noted Council would take final action on proposed Charter changes as presented by the Charter Review Committee. Also, he noted his concern that Olympic Cablevision may be in violation with their Franchise Agreement due to the fact that there was no public access programing available on Channel 32. He hoped that there was just a misunderstanding and the situation corrected promptly. Mr. Johnson announced that the Wastewater Treatment Plant had received the 1988 State of Washington award for best operations of a wastewater treatment plant in the State of Washington and is in the final running for a regional award. An open house in celebration of this award is scheduled for September 29, 11:00 AM to 6:00 PM. Mr. Colvin artended the Labor Day picnic sponsored by the Bremerton/Central Labor Union Council noting they served food to a large group of people. Also, he commended the Bremerton Fire Department for their timely response in extinguishing a grass fire in his neighborhood. He announced that the Bremerton/Central Lions Club will hold a Sea Food Extravaganza on September 23 with all proceeds being utilized for Lions Field. Mr. Dawkins announced his granddaughter participated in the Labor Day 10K Run, which was well artended and a good community activity. Mr. Crutcher noted he would take the issue brought up by Mr. TAPE #573 City Council Reg. Mtg. Minutes September 7, 1988 Page 2 of 7 Johnson relating to Cable TV Access Channel programing to the next Cable Committee meeting on Monday. He reported he had visited the City of Port Orchard to view what they had done in their town to encourage business/tourism and would submit his suggestions that might help Bremerton to Flagship '88. Mrs. Horton reported she had spent two weeks in England and had the opportunity to experience both London and Paris's metro systems. She found them to be very easy to use even in the event of a language barrier. She hoped that Bremerton would have the opportunity to link up with Seattle's transit system. On Friday, September 2, she artended the farewell event for Dave Hiestand and wished him well on his new endeavor. Mr. Waibel artended the P.S.C.G Sub-regional meeting this date where discussions included the possibility of accelerating implementation of rail through the east corridor as early as 1995 - with continued emphasis that it needs to be tied in with the westside with the ferries and buses. Also, the Ferry System has been working with Westside Corridor technical staff and they have come up with getting buses into the Ferry Terminal on the Coleman side. A meeting of the Westside Corridor Steering Committee has been set for September 23, with the presentation being made by Ferry officials on Bremerton's ferry trestle renovation project. The City Council has scheduled a Study Session on Monday, September 19, to meet with Ferry System personnel on the Bremerton Ferry trestle renovation project. Mr. Waibel artended the farewell party for Jim Sommerhauser, the new International President of Local 12 IFPTE, who received many accolades from many areas within the community. President Waibel read a Proclamation noting the importance and significance of our country's Constitution which is celebrating its 201st anniversary of signing, guaranteeing independence to the American People. Mayor Gene Lobe has declared the WEEK OF SEPTEMBER 17 THROUGH 23 AS CONSTITUTION WEEK IN BREMERTON. Patricia Foley, Chapter Regent of the Elizabeth Ellington Chapter Of the National Society Of The Daughters Of The American Revolution, accepted the Proclamation and noted the Constitution is a priceless treasure for the Country and she thanked Mayor Lobe for signing the proclamation and having it read publicly. PUBLIC RECOGNITION Wayne Estes, 1604 Gregory Way, stated his concern over a recent TV program which depicted the City of Bremerton in a negative way, i.e., several businesses closing their doors and leaving the downtown area. He strongly urged City officials to reflect that Bremerton is in a transition period, that it is not dying and to act as positive salesmen for the City. He acknowledged that two businesses were leaving the downtown area but two new business had recently located in the downtown area. He suggested a broader utilization of signing noting the City's motto "Welcome Aboard". He expressed concern that the City and its citizens are not more concerned with solid waste disposal and strongly urged City officials to take the lead on the recycling issue. Roy McInnis, 2711 Maple Street, read a letter which announced the Sinclair Baptist Church Youth Choir would be in concert on September 10, 7:00 PM, at the Sinclair Baptist ChUrch and invited Cable Access TV personnel, City officials and the general public to attend this event. He promised a very enjoyable evening of musical entertainment. Mr. McInnis also thanked Captain Hatfield and Lt. Plumb of the Bremerton Police Department for their assistance in a previous matter brought before Council. Steven Rovers, National Secretary/Treasurer Inslandboatmen's Union Of the Pacific, stated from July 1981 to July 1988 he TAPE #573 City Council Reg. Mtg. MinUtes September 7, 1988 Page 3 of 7 served as Terminal Agent for Fauntleroy-Southworth Ferry run. He shared some similar incidents which took place on the ferry run he managed much like the issue recently before Council on temporary closure of the vehicle ferry traffic on the Bremerton run - which reflected a set attitude of upper management. He suggested that Council should look beyond current management of the Washington State Ferries for resolution to the problem and should go directly to the Transportation Commission. The Transportation Commission set the rules and guides the operation and in his opinion the Bremerton ferry service issue has been ignored by the Commission and become stagnate Also, pressure should be brought and seek a change in the Commission to bring people on who are concerned with the people being served in these communities. Pressure should be brought on Mr. Berentson and Admiral Parker to review the people in key Washington State Ferry management positions, such as Marine Superintendent, Operations Director and Terminal Operations Director. These are the people who feed the information up to upper management who make the policy decision. Further, the City Council needs to demand answers why, knowing full well, that the Bremerton facility needed reconstruction for the slip and sea wall why the Express was located where it is when it is a perfect place for a second slip (which served as a second slip and was used up to 1972. Further the Council, along the terms of negotiations, should have the Expressed moved to the First Street Dock. Mr. Roaers noted that for an emergency slip an overhead walkway is not needed. A second slip should be able to be built for a reasonable amount plus they have community support for a second slip, which is not the case in other communities where they desire to place a second slip. Mr. Johnson pointed out that during discussion by Mr. Tiberio he indicated he was in favor of a second slip, from an operations standpoint. 6A - 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 bee~ taken by other northwest cities to relieve traffic congestion in limited geographic areas which is caused by cruising. Certain vehicles with a need to exceed the minimum trips which is more important to the community incremental increase in congestion are exempt restriction. number of than the from the Violators will be cited for an infraction punishable by a maximum fine of $250.00 City council reviewed this issue on August 17 at which time they continued for three weeks until further study had taken place. Actina Police Chief Joe Hatfield stated since the last City Council meeting the Police Department has continued to deal with cruising as discussed previously...using emphasis foot patrol and periodic use of barricades in the downtown area. He noted it was very effective and no complaints had been received from the community as to having blocked streets or that cruising was at a previous peak level. Deputy City Clerk Gil Johnson, read into the record a letter from Pete Flynn, Executive Director of Bremerton Main Street Association, in support of a Cruising Ordinance for the City of Bremerton, noting concern for public safety, vandalism and crime problems that have become a part of the "cruising" element in the Central Business District. He offered suggestions relating to Section 1.b., boundaries, days and times..."extending the TAPE #573 City Council Reg. Mtg. Minutes September 7, 1988 Page 4 of 7 boundary to include Park Avenue", as it may become a cruising area in itself~ and "expanding the ordinance to cover seven days per week", as the problem has become a week day one also~ and, related to hours suggested "from 9:00 p.m., to 2:00 AM. Mr. Overson questioned if the current procedures are successful, can they continue use of them... especially in the winter? Captain Hatfield pointed out that the general guide lines for cruising if it is desired to eliminate it totally is to block the streets permanently during certain times. What is being attempted at this time is to determine what method is best used to curtail cruising. He believed that the actions being taken are accomplishing that. Lt. Dennis Plumb stated the department can continue, at least in part, the activities currently used. They cannot continue in a sustained manner the total all-out manpower that has been utilized for the past month. Short of having the ordinance, he believed it was possible to curtail the cruising to the point that it currently is being held utilizing a minimal number of officers. Lt. Plumb stated what is needed is the legal ability to block the streets when it is determined needed. Mr. Overson noted it was good to hear that positive results had been achieved without an ordinance, however, he requested a comparison between the present situation and enforcement of the proposed ordinance and noted that the proposed ordinance appeared to be a less direct method with a longer term to bring about results. Lt. Plumb stated he had not been to a City that currently has this type of ordinance in affect, however, he was very much in favor of the Department preparing for an ordinance in advance of its passage, .i.e., staffing, equipment, etc., rather than having to scramble to come up with manpower and equipment to make it work. Mr. Collins questioned if he was correct in that if this ordinance was passed and made into a law it would present a situation where it could not be enforced with present manpower and equipment? Lt. Plumb stated it could not be enforced to its fullest and that it would not be as effective as desired considering the manpower and equipment available. Mr. Collins questioned if the ordinance were passed would it require additional personnel? ~t. Plumb stated they would have to dedicate one or two officers to the downtown area with paper and pencil to write down license numbers. Even if a computer were used it would still create a great deal of time for staff to go through the license plate numbers and matching them up with names. Mr. Collins stated his support to consider tabling this ordinance for six months. President Waibel questioned if identification of a situation of "congestion" should be included in the ordinance so that the Police Department will have proper authorization to carry out barricading procedures? Ian Sievers, City Attorney, stated the closer an emergency condition can be defined the more defensible the action for putting up emergency barricades. There is authority for law enforcement to take closures on roads, usually that relates to weather conditions or accidents on the road. He believed congestion from cruising would be a situation where they could take emergency barricading action, however, if it is to be an on going action then the City Council should take some formal action. Mr. Colvin questioned what would be the impact of passage of this ordinance in relations to use of barricades? Mr. Sievers stated barricades could still be used as it may not be the 1004 solution to the congestion situation and could require further action by the police to set up barricades. Mr. Colvin supported the use of barricades along with writing of tickets and questioned Lt. Plumb how satisfied he was with the proposed ordinance. Lt. Plumb stated not as we stand here today - it would be an additional tool if passed but there will be times ,225 .947 ;059 TAPE #573 City Council Reg. Mtg. MinUtes September 7, 1988 Page 5 of 7 when it can and cannot be used. Mr. Dawkins questioned the value of the ordinance mainly due to the difficulty in carrying out necessary action to chart vehicles. Captain Hatfield restated that the object is not to shut down the streets so that the people of Bremerton can't use them but to open up the spaces so vehicle can drive up and down. Using barricades still allows access to vehicles who have specific need to be in the barricaded areas. Mrs, Horton stated if this item were to be tabled for six months she would like to include something to say up to six months or if the situation deteriorates it be brought back to the Council at that time and not delayed. Mr. Crutcher pointed out that something has to be done to control the congestion in the downtown area as no one will want to bring in new businesses without proper vehicle access, i.e., such as hotels, restaurants. President Waibel stated his support of the Police Department enforcing a Cruising Ordinance or barricades, however, he did request if the item were tabled an additional motion be made to ask the City Attorney to develop an ordinance to identify what "congestion" is and when the ordinance is returned that mechanism be incorporated. Mr. Johnson did not support tabling the ordinance - if the Police Department doesn't support it and Council doesn't support then something new should be developed and brought back at a later date. Captain Hatfield stated for clarification that this is no disharmony between the Police Department and City Council. The Police Department is recommending continued use of barricades at intermittent intervals as needed if there is a cruising issue. M/S/F(Collins/Dawkins) to table this ordinance for six months or if the situation deteriorates sooner it shall be returned to City council at that time and authorize the Police Department to use and barricade streets as they see fit to handle the controlling of cruising and not with the intent of stopping it but to control it. VOTE: In Favor: Overson, Collins, Dawkins, Johnson Oppose: Horton, Colvin, Crutcher, Waibel Motion Failed M/S/C/U(Overson/Collins) move to deny this ordinance and return it to the responsible Departments for them to work with what they have at hand. If an Ordinance is needed, bring one back that will do the job. Mr. Colvin questioned if the Police Department had authority to support their placing of barricades. Captain Hatfield stated he was looking for something from the City Attorney which more clearly defines their responsibility and authority when it comes to the use of barricades. Ian Sievers stated he considered his Department one of those responsible and would provide a memo outlining criteria for use of barricades or if the Police Department feels more is needed then the issue would be brought back to Council for action. M/S/C(johnson/Colvin) moved that City Council notify the Mayor and Chief of Police that the Council supports their aggressive action to date in controlling cruising and approve the method that they have done including the temporary and reasonable use of barricades and future such actions in accordance with City Attorney's direction, would also support said use of barricades but only in a temporary and/or last resort method but cruising :156 ~PE #574 TAPE #574 City Council Reg. Mtg. MinUtes September 7, 1988 Page 6 of 7 would be an acceptable cause. VOTE: In Favor: Abstain: Overson, Crutcher, Horton, Collins, Dawkins Colvin, Johnson Waibel 6B - ORDINANCE #4170 (SECOND READING) REZONE FROM R-1 TO B-2 (FILE RZ-2-88) LOCATION: 834 AND 840 CALLAHAN DRIVE, APPLICANT: DR.'S KENNETH COGENAND PAUL MCCULLOUGH, #AB88-214 M/S/C/U(Colvin/Dawkins) to approve Ordinance #4170, on second reading, rezoning property located at the NE corner of Callaban Drive and Wheaton Way from R-1 to B-2 subject to conditions, and amending the Zoning Map of the City of Bremerton. 6C - RESOLUTION #2226, PROPOSED CITY CHARTER CHANGES, #AB88-210 On August 31, 1988, the City Council approved placement of six City Charter changes to be placed on the ballot for the next General Election. Deputy City Clerk GI1 Johnson, read into the record a letter received from Mayor Gene Lobe in which he asked Council to reconsider Ballot Title #6 (residency requirement for Boards and Commissions) that it not be placed on the ballot due to the difficulty in filling vacancies and excluding business owners from serving who do not live within the City limits but who work full time in the City. Mr. Johnson directed Council's attention to the handout they received just prior to Council meeting along with the recommended changes from the last City Council meeting which were included in the agenda packet. Mr. Johnson noted that Ballot Title #5 should read "and to add a Bremerton citizen as a voting member of the City Audit Committee". Also, he suggested a change to Section 16 to read: "Ordinances making the annual tax levyL [changed from a (,) to a (;)] ordinances relating to local improvements and assessments therefore, ordinances making appropriations;L[changed from a (,) to (;)] and emeraency ordinances~ [a (,) added] containing a statement of their urgency and passed by unanimous vote, [a (,) added] shall take effect immediately upon their passage and publication. Mr. Johnson commented in response to the Mayor's letter and stated he did not support the Mayor's proposal particularly in regard to business people serving and noted that under special circumstances the ability to waive the residency requirement is included. President Waibel questioned if Ballot Title #4 and text of Section 7.2 both reflected the desired change approved at the last City Council meeting? Ian Sievers, City Attorney, stated the text under Section 7.2 should read: "A vacancy in the office of the Mayor shall be filled by appointment by the City Council but such appointee shall hold office only until the next General Election at which time a person shall be selected to service the remainder of the unexDired term". Mr. Johnson stated that Ballot Title #6 was previously changed by vote to read "by a majority vote". This change was confirmed by Merilynn Erhart, Council Legislative Assistant, after a review of meeting minute notes taken at the August 31 Council meeting. President Waibel raised point if the Ballot Title had the same language as the text? Mr. Sievers stated the title change he read into the record does coincide with the text change submitted with the Agenda packet. Mr. Collins requested that a vote of division be taken. President Waibel questioned for clarification if each of the TAPE #574 City Council Reg. Mtg. MinUtes September 7, 1988 Page 7 of 7 Ballot Titles voted on at the previous Council meeting need to be placed before a vote again for the Resolution? Mr. Sievers stated Council previously voted on the substance of each title and the only thing that needed to be decided at this time was the language implementing two changes that were not before Council full drafted last week. He noted the proposed resolution was just a formalization of Council's approval and that it would be improper to go through a second vote on each one of the items without a motion to reconsideration of substance of each of the items. The motion to pass this resolution is proper on its own without a division. Mr. Crutcher stated for the record that he personally did not approve of all of the proposed changes and he would not be able to support the resolution. President Waibel emphasized that the intent is to place the issues before the voters for them to decide there adoption and that the proposed resolution is just a vehicle to convey Council's action to the County Auditor for further action. Mr. Johnson restated that he believed that not everyone on the Council supported the proposed charter changes 100~ on every issue but what is being said is that the work that the Charter Change Committee did is being placed before the voters and Council is taking the necessary action to bring about it coming before the voters. President Waibel stated for the record that he was not in favor of one of the issues, however, he would support placing them on the ballot. Mr. Crutcher stated for the record that he was not in favor of three of the ballot issues. 366 M/S/C/U(Johnson/Colvin) to approve Resolution #2226, setting forth amendments to Articles V, IX, XII, XVI for submission to the voters of the City for approval, ratification, or rejection at the 1988 general election. With no further business meeting adjourned at 7:15 p.m. KATHLEEN L. MCCLUSKEY, CITY CLERK APPROVED HANK WAIBEL, Council President City of Bremerton KLM/HW/me cc: Normal Distribution File/Vault