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HomeMy WebLinkAbout04/16/86 TAPE # 336 Unapproved Minutes CITY COUNCIL MEETING MINUTES April 16, 1986 The regular meeting of the City Council of the City of Bremerton was held in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, April 16, 1986 at 5:30 p.m. with Council President Spencer Horning presiding. Council Members present were Morrie Dawkins, Marty Crutcher, Hank Waibel, "Tiny" Collins, Mary Lou Long and A1 Colvin. Also present were Assistant City Attorney Mary Killian and City Clerk Kathleen McCluskey. Absent were Council Members Lon Overson and Russ Johnson. The meeting opened with the Pledge of Allegiance and the invoca- tion was given by Rev. Mike Grimshaw of the First Church of the Nazarene. CONSENT AGENDA A. Minutes of April 9, 1986 AB86-130 amended to read as follows: pg. 3 "during discussion Of Brem Air contract, Mr. Waibel noted that the City Attorney had been requested to review all long term contracts with the intent of adding an EEO/AA clause to any City contract found without this clause." pg. 4 Animal Control Ordinance; "Mr. Waibel made these sug- gestions as follows: 1) include not only harboring but also creating a nuisance, 2) include trespassing by cats, 3) re- view for clarification Sections 5 and 7 dealing with impound- ing and detainment." B. Authorization for Crosstown Pipeline Navy Easement Survey. AB86-131 C. Change Order #1 to Contract 2688 Gorst Vicinity Distribution Main Project Schedule IV. ~B86-132 D.Change Order No. 22 to Contract C-1. AB86-133 Dave Baker, Wastewater Project Manager, gave a staff report on items B, C and D. Motion by M. Dawkins/A. Colvin to approve the Consent Agenda with amendments to the minutes as stated above, carried unanimously. #0248 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. Motion by T. Collins/M.L.Long on April 16, 1986, the Council does approve for payment those vouchers included and further described as follows: Regular Warrants #19316 - #19441 inclusive in the total amount of $85,746.53, carried unanimously. #0263 PROCLAMATIONS ~ Week, April 20 - 26, 1986, was presented to Mr. Lee Tennyson of the American N~mmismatic Association. Spring Rally Cleanum and Recycling Week, April 19 - 27, 1986, was presented to Fire Marshall, Chet Meigs of the Breme~ton Fire Department. #0450 PUBLIC RECOGNITION S. M% Chri~tensen, 419 Plumb, discussed Duane Christensen firing as Police Chief and the proposed expenditure of $15,000 for a con- sultant to review the Police Department organization and felt the expenditure may be unnecessary. #0564 COUNC~MEMBERS REPORTS M~rrie~ D~-wk~h~ r~p~rted that he and Council Member Long attended the Region~IPuget Sound Water Quality Seminar in Seattle spon- sored by the Washington Association of Cities. City Council Meeting Minutes April 16, 1986 Page -2- Mary Lou Long expressed opinion that Friday and Saturday night cruising of Pacific Ave. could be a potential hazard due to the congestion, and suggested the Police Department monitor the area at those specific times. A1 Colvin stated the Sheridan Neighborhood Assoc. will meet Thurs., at 7:50 p.m. in the Sheridan Bldg. Among the topics, will be a presentation on crime prevention in the neighborhood, He noted Mr. Horning's birthday and presented a card from the Council. Spencer Horning discussed a presentation by Chief Cundiff on Neighborhood Block Watch, and encouraged other neighborhoods to hold similar meetings. INFORMATIONAL #0814 Gold Win~ Road Riders Association will hold their 4th Annual Benefit Run on May 4th. #0829 The Old Charleston Merchant's Assoc. (previously The West Bremerton Merchant's Assoc.) is planning a "Then & Now" street fair to be held May 9 & 10. Georgia Chesebrough explained the event. #1068 REQUEST FOR PROPOSAL FOR DISPOSAL OF MUNICIPAL SLUDGE AB86-135 Mr. Baker stated the City is r~esti-n~ Council' aPproval to seek competitive bids for disposal of municipal sludge. By receiving bids, the City will have options of various methods and technics and better methods of measuring performance. Motion by A. Colvin/T. Collins to approve the request to seek proposals for disposal of municipal sludge, carried unanimously. #1323 REVISED CONTRACTED PARKING FEE SCHEDULE ~AB86-t36 Gil Johnson, Purchasing Ageht, discussed reduced use of city parking facilities, which has resulted in declining revenues, and stated there is a need for rate adjustments. Jim Lambert, Diamond Parking, discussed the proposed rate adjustments. In answer to an inquiry, Mr. Lambert stated Diamond Parking has guaranteed the City a specific amount of revenues from Operation and Maintenance of the city's parking facilities regardless of the rates. Mr. Johnson stated that blocks of tickets can be sold to businesses. Discussion followed regarding the possibility of negotiating for reduced rates to businesses purchasing blocks of parking tickets. Motion by Ho Waibel/M.L. Long to approve the rates as presented to Council for Washington Ave., parking garage and Park Avenue parking lots, carried unanimously. #1731 SURPLUS EQUIPMENT DECLARATION- AB86-137 Mr. Johnson stated the last 3 items on page 1 and 35 foot mobile- home on the last page have been removed from the surplus list. He stated the City has called for proposals for the mobilehome which includes removal of the building and trailer. Ms Long in- quired if 31 surplus cars is a normal number? Mr. Johnson stated that usually the City has an annual auction, but it has been several years which has contributed to the number of surplus cars. Motion by H. Waibel/M. Crutcher to declare the listed equipment surplus and dispose of by public auction, carried unanimously. #1924 ORDINANCE~~ 1st Reading~ REZONE~ Rt~to'~R2~FP~ANC~$~B~120 Don Pratt, Plannin~ ~ire~to~, Stated ~h~ Planning ~-~Cmission, by Resolution, recommended denial of the subject site to be rezoned from R1 to R2. On December 11, 1985, the City Council approved the rezone request. Due to special conditions to be met, a Con- comitant Agreement is necessary and attached to the ordinance. Mr. Pratt stated if Council considers denial of the ordinance, it should remand the matter back to Council for another publib hearing on the rezone. City Council Meeting Minutes April 16, 1986 Page -3- Bill Amo requested Council set a new hearing on the basis the Plan- ning Commission originally recommended denial, the staff report was inadequate and all information was not made available. Speaking in opposition to the rezone were Mr. Owen Tripp, 3030 Pine Rd., and Mr. Pat Carey of the Sheridan Neighborhood Assoc. Speaking in support was Ms Georgia Chesebrough. Proponent Allen Frances speaking on behalf of Howard Frances, requested Council approve the ordinance on first reading. Mr. Pratt explained the time limits and process if Council approves the ordinance. Mr. Waibel indicated there may be possible problems and with a new Council, there should be a new hearing. Motion by H. Waibel/A. Colvin that Council will hold a hearing, carried unanimously. Mr. Pratt stated every effort will be made to schedule the hearing as quickly as possible. Mr. Horning asked that the Francis family be notified of the hearing date and more time should be allowed if necessary. #2757 ORDINANCE, 1st Reading,~REPEAL OF~ORDINANCE #1775 ~AB86-1~8 Dave HieStand, Personn~l~Director, stated Ordi~ahce ~#1775 has been in effect since 1948. In 1980, a change in the policy of supplementing Workers' Compensation payments with sick leave pay- ment was made, however, Ordinance #1775 was not repealed. He stated if the ordinance is not repealed, employees receiving Workers' Comp may request sick leave supplements. Mr. Hiestand stated it is the City's intent to subject this issue to collec- tive bargaining with the Union. Motion by T. Collins/A. Colvin to approve on first reading, "AN ORDINANCE repealing Ordinance #1775 relating to sick leave benefits", carried unanimously. Council President called a recess at 7:05 p.m. Meeting reconvened at 7:25 p.m. #3143 ORDINANCE #4040 ADVERTISING MATTER AB86-121 Mr. Dawkins discussed problems with advertising matter posted on poles that are not removed. Ms Long inquired how the public will be notified a license is required? Ms McCluskey explained that Tape a warning is given for a first time offense, a citation is issued #337 for subsequent offenses. Motion by M. Crutcher/A. Colvin to pass on second reading, "AN ORDINANCE regulating public distribution of Advertising Matter and repealing existing Ordinances #167, Sec. 1; #133, Sec. 1, 2, 3 & 5, ~1468, Sec. 2 and #3625, Sec. 1", carried unanimously. #0139 ORDINANCE #4049 ANIMAL CONTROL AB86~097 Ms McCluskey staked the'changes requested during first reading are reflected in the ordinance currently before Council. Ms Killian suggested a chance in language, pg. 12, Section 14. (c) as follows: '~ailure to Respond or Pay Fine: If a violator of any provision of this chapter fails to respond within 15 days to the notice of infraction in one of the ways set forth in Section 16. (b), (c) or (d), to timely appear in court pursuant to a scheduled hearing, or to timely pay any fine imposed pursuant to this chapter ..... " Ms Killian indicated the purpose of this ordinance is to make this a civil infraction. However, if there is no response to citations, it will become a misdemeanor. Nancy McCord, Animal Control Enforcement Officer, stated this ordinance does not address exotic animal. She suggested passage of this ordinance, and another ordinance for exotic animals be drafted. City Council Meeting Minutes April 16, 1986 Page -4- Ms Dorothy Christensen expressed objections to cats being exclud- ed from the ordinance and felt they should be contained. Mr. Roy McGinnis and Mr. Pat Carey spoke in opposition to including cats in the ordinance. They expressed opinion that cats should not be leashed. Mr. Dawkins expressed opinion that due to howling and other noises and the general nature of cats, they can be consid- ered a nuisance. Discussion followed regarding the best method of containing cats. Motion by M. Dawkins/H. Waibel to strike the words "... cats an~..." from Sections 3(b) and 4(a). Ms Killian explained there is no "leash law" in the sense that animals must be kept on a leash or confined. She stated the ordinance addresses running at large, meaning if an animal is under the control of its owner it is not at large and therefore not require leashing or confining. Discussion followed regarding interpretation of trespasses. Dis- cussion followed regarding feral Or wild cats, problems encount- ered and method of containment. It was felt feral animals should be included in the ordinance. Judith Katsirubus stated the ordinance is designed to hold the owner of animals responsible. Feral animals cannot be held accountable. ~ Question called, motion failed as follows: 6 negative, 1 affirmative, (Dawkins). Motion by M. L. Long/H. Waibel to pass on second reading, "AN ORDINANCE relating to the comprehensive control of animals and re- pealing Ordinance ~3745 and Ordinance #3897", with the change in language as recommended by Ms Killian and striking the word "trespasses" from Section 4 (i), carried unanimously. #1261 ORDINANCE #4041 HOTEL/M©TEL LICENSE AB86-122 Mo~ion by M. Crutcher/M. Dawkins to pass on second reading "AN ORDINANCE setting license fees for the operation of a Hotel/Motel and repealing Ordinance #2019 as amended by #3525, Section 1, and 3625, Section 21", carried unanimously. #1308 Motion by T. Collins/A. Colvin that the Clerk will read each Ord- inance Title and Council will cast one vote on Ordinance ~4042 through #4047 inclusive, carried unanimously. ORDINANCE #4042 BOWLING ALLEY LICENSE AB86-123 "AN ORDINANCE ~e%~ing license regulations for Bowling Alley opera- tions and repealing Ordinance #347 as amended by #1468, Section 1; #3132, Section 1; #3592, Section 2; #3669 Section 11, and #3625, Section 3". ORDINANCE #4043 SKATING RINK~LICENSE AB86-124 "AN ORDINANCE setting liCense fees and stahdards for operation of a Skating Rink and repealing Ordinance 9653, as amended by #3514, Section 1; #3031, Section 1, and #3625, Section 5." ORDINANCE #4044 THEATERS LICENSE AB86-t25 "AN ORDINANCE eStabliShing~ a~ license requirement and fee for Theaters and repealing Ordinance #1382, #3625 Sec. 11, and all prior ordinances." ORDINANCE #4045 DANCEHALLS & PUBLIC DANCE ~AB86~t26 "AN ORDINANCE est~bliShing-~ license for pUbliC Dances and repeal- ing Ordinance #465 as amended by #3508, #1799 and #3625, Sec. 4." ORDINANCE #4046 CIRCUS, CARNIVALS & SPECIAL EVENTS AB86-127 "AN ORDINANCE establishing license fees and standards fo~ Circuses, Public Amusements, Parades and Special events and repealing Ordin- ance #200, as amended by #1894, #3515, #2961, #3874 and #3625, Section 2." City Council Meeting Minutes April 16, 1986 Page -5- ORDINANCE #4047- AMUSEMENT DEVICE LICENSE AB86-128 "AN ORDINANCE setting an Amusement Device Tax and repealing Ordin- ance #2177, Sections 1, 2, 4, 5, 6, 8; #2541, Section 1; #3132, Sections 2, 3: #3592, Sections 3, 4; #3625, Section 23; #3669, Sections 1, 2, 3, 4, 6, 8, 9, 10; #3718, Section 1; #3753, Sec- tions 1, 3; #3895, Section 1, and #3925, Section 1." Motion by A. Colvin/H. Waibel to pass on second reading Ordinances ]~-0~through #4047 inclusive, carried unanimously. #1462 ORDINANCE #4048 SHUTTLEBUS & LIMOUSINE SERVICE AB86-129 Let the record show that Councilman Crutcher stepped down for this one item. Motion by T. Collins/H. Waibel to pass on second reading "AN ORDINANCE licensing Shuttlebus and Limousine Services and repeal- ing Ordinance #3699, carried unanimously. Councilman Crutcher returned to the meeting #1491 RESOLUTION #2114 - SALE OF PROPERTY ANDERSON CREEK WATERSHED AB86-139 Motion by M. Dawkins/M. Crutcher to Approve and Pa~s Resolution ~/-i-4--for the transfer of subject property and authorize the Mayor to sign the Quit Claim Deed subject to the City's Administrative Policy and Procedure, carried unanimously. SPECIAL RECOGNITION Council President noted that Friday, April 18, 1986 will be Ms Killian's last day as an Asst. City Attorney with the City. Mr Horning thanked Ms Killian for her services to the city. He stated he has enjoyed working with Ms Killian, he will address her efforts on behalf of the City in a letter to be placed in her personnel file. With no further business meeting adjourned at 8:20 p.m. KATHLEEN' L. McCLUSKEY, Ci.t~' Clerk Administrative Services Director APPROVED: