HomeMy WebLinkAbout10/16/85TAPE #289 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
October 16, 1985
#0045
#0171
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, October 16, 1985,
at 5:30 p.m. with Council President Art Anderson presiding.
Present were Councilmen E.L.Sturdivant, Phil Drouin,
Spencer Homing, Bill Amo, Clyde Pachek, Roy Mosely, Russ
Johnson and Jim Adrian. Also present were Mayor Mottie
Dawkins, City Attorney Bill Broughton and City Clerk
Kathleen McCluskey.
The meeting was opened with the Pledge of Allegiance, led by
Council President Anderson who also gave the Invocation.
CONSENT AGENDA
Item #A - Minutes of October 9, 1985, #AB85-43i, and Time
Extension request - Contract #2350 - Timber Sale #4-83
(Little Staircase), #AB85-432.
M/S/C/U/(Johnson/Amo) to approve the Consent Agenda as pre-
sented.
CLAIMS/WARRANT REGISTERS
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/(Drouin/Amo) on October 16, 1985, the Council,by a
unanimous vote, does approve for payment those vouchers
included and further described as follows: voucher numbers
15423 - 15555, in the total amount of $218,971.79.
MAYOR'S REPORT
Mayor Dawkins gave a short report on his trip to California
the past week and specifically a tour of Marin County where
the City of Tiberon is located and the fact that no
vehicular traffic is allowed in the city. He stated all
visitors/citizens are shuttled by trams which is an
alternative Bremerton could look at to ease the parking
problem. He also visited Vancouver, B.C. Tuesday where they
have "Sea Buses" which brings many water commuters into the
business district.
Mayor Dawkins presented a Proclamation designating October
20th - 26th at National Business Women's Week with Gloria
Davis, local BPW President present to accept.
In response to question from Councilman Amo, Mayor Dawkins
stated he would get a letter off to Brem-Air to force them
to build an adequate site for the dumpster at PSNS State
Street gate.
Councilman Adrian reminded the Mavo~ of the numerous
vacancies and Boards that need appointment and that it is
the responsibility of this administration to see these
committees/boards in place before the end of the year.
Mayor Dawkins stated the Planning Commission will have full
compliment, if recommended action at next weeks meeting is
approved. He is also bringing a list of suggested
appointments for the Handicap Committee before Council.- The
Civil Service Commission has been more difficult to get
volunteers to commit time because of recent actions the past
year and he is st-. ~ working on filling the vacancy in
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existence.
Councilman Sturdivant again complained about the property
located at Clare and Callanan where 3un~ cars, etc. are
being housed along with health problems because of the
accumulation of garbage. Mayor Dawkins stated the owner
carted off 18 bags of garbage yesterday and has been made
aware of other complaints.
ATTORNEY'S REPORT
City Attorney Bill Broughton s~ated that he will have before
Council next week an agreement to be approved for the
Hearing Examiner, Mr. Steve Holman.
Also the ordinance which amends 25 various ordinances
dealing with appeals in an attempt to make one uniform
document, will be before Council.
He artended the YMCA Fund Raising Dinner Tuesday and
reported to Council and the Mayor the praise for their
efforts in backing the successful campaign.
PUBLIC RECOGNITION - None
COUNCIL MEMBER REPORTS
Councilman Sturdivant gave a report on last weeks Gold
Mountain Golf Course Board of Director's meeting which
announced receipts for the week 10/7 - i0/!4 were $5,434.00
with 1,600 plays. If weather holds, receipts could exceed
the $350,000 anticipated with receipts totaling $320,000 in
the week ending October 14, 1985.
Councilman Drouin reported the regular Wastewater Facilities
Committee meeting will be held at 9:30 a.m. Thursday with
discussion centering on the Sprinkler Ordinance. He noted
that had the Commodore Hotel been sprinklered, it may not
have sustained such high losses after this weekend fire.
He reported on the Puget Sound Governmental Regional meeting
and stated his objections to some information contained in
a Neighborhood letter regarding sewer rates and the lowering
of same.
Councilman Adrian spoke reminding the Council of the
Transportation Committee meeting to be held tomorrow which
will deal with the Ferries shortfall and a pilot program,
allocating 2.5 million for experimental ferry service. He
stated the State officials must understand what reduced
ferry service will mean to Bremerton and Kitsap County in
terms of lost revenues and inconveniences.
· M/S/C/U/(Adrian/Horning) to allow Councilman Adrian to draft
a letter, to be hand-carried by jack Maher, Waterfront
Manager, to the State Transportation Committee meeting
Thursday, October 17, 1985.
Mr. Adrian reminded Councilmen and the Mayor of the Lion's
Food Bank participation and encourage each to participate.
Councilman Johnson stated that' the Budget & Finance
committee is well into Budget Hearings each Tuesday and
Thursday evenings at 6:00 p.m. Citizens and interested
parties are welcomed to attend. He emphasized the Grastic
cuts that could take place and encouraged input to allow
Council to make the best decisions.
He reminded citizens and city officials of the new section
in the Cable ='ranchise that allows a public channel which
can be used b~ community groups,.governmenta! entities, or
TAPE #289
City Council Re~. Mt~. Minutes
October 1~, 1985
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individual citizenS. He suggested contacting the City Clerk
for further information.
APPEAL OF BMC 7.04.060, KEEPING OF LIVESTOCK, ~AB85-433
Ms. Tobi Arnette is appealing the referenced come regarding
keeping of Livestock. If Council concurs with her appeal
the ordinance would need to be amended. If not, and there
is non-compliance, a citation could be issued and the matter
dealt with in Municipal Court. Any further action by Animal
Control is deferred pending this matter before Council. The
City Attorney and Animal Control officer are available to
present their position.
Ms. Ruth Severns, Animal Control Officer/ll320 Butler,
explained the reason behind the appeal. She stated that
according to the BMC, a minimum of 1-acre is required to
house livestock. Several complaints had been received in
the past and complaints are becoming more frequent to
include; (1) insufficient acreage; (2) unattended animals;
(3) improper facilities; (4) extreme odor problems in some
areas, and (5) possibility that livestock has become so
dense there appears to be pollution to Kitsap Lake from
water run-off and some livestock owners taking their animals
into the Lake. She stated there are 4 properties involving
8 horses. The area is rural and it is the opinion of the
Animal Control division that danger of traffic problems
(should the horse get loose), injuries to citizens and
injury to livestock that there is a question of serious
liability. A study prepared by a consultant for the City
shows pollution is becoming apparent.
City Attorney Bill Broughton stated that the originators of
the ordinance wanted total prohibition of livestock in the
city because of complaints and the problem is particularly
evidence in the Kitsap Lake Neighborhood.
Ms. Tobi Arnette, appellant, 1127 No. Lafayette Avenue
(horse at 1720 Lakehurst), stated that she is not in
violation of any of the complaints listed by Animal Control
nor, to her knowledge has anyone complained about the
housing, care or disturbance of her horse. She asked that
Council amend the Ordinance or grandfather those in the area
before the ordinance was inacted. She stated that she rents
space from Mr. Goddard whos daughter also houses a horse at
the same location and they both work to support the upkeep
of their animals.
Those speaking in support of the appeal included, Mr. Erin
Oilin, 1724 Lakehurst Drive; Ms. Debbie CurrV, 1643
Northlake Way; Mr. Steve Humnimaker, 6021 Lynn; Mr. Dave
Smart, 4243 Kitsap lake Rd.; Ms. Heide Goddard; Mr. William
Conkirk, 9600 S.W.Fairchild (Pt. Orchardt; Mr. Pat Goddard,
6215 Maple View Drive (owner of property housing appellant's
horse), and Mrs Halman, 1127 No. Lafayette Avenue.
Those speaking in opposition include, Mr. Jim Strait,
President of both Kitsap Lake Neighborhood Assn. and
Bremerton Area Neighborhoods; spoke on behalf of 41 area
residents against the appeal; Mr. Earl Olson, 3!3 Olympic;
Mr. Jim Pearson, 1725 Lakehurst Dr.; Mr. Bruce Hutchinsen;
Mr. Mark Cursen, 1717 Rainier Avenue; Mr. Alex Cursen, 1721
Bloomington, and Mr. Bruce McCaughan, 6515 Lake Drive.
Both Ms. Arnette and Mr. Erin Oilin stated that no one had
directly complained of proDlems, which they could have
resolved. Ms. Deborah Kerr recuested a clarification of the
ordinance which also was a concern of some Councilmen. City
Attorne~ stated that the ordinance ai!ows only ! animal per
acre.
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Oc+ ~ber 16, 1985
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Councilman Anderson stated that some land is unsuitable in
the area for livestock and it appears that several
violations are in existence and some livestock owners are
legal. Councilman Adrian agreed that clarification in areas
of the ordinance should be done but was not in favor of
repealing the existing document. He felt that a long narrow
piece of property that may exceed the 1 acre area would
still allow for livestock to be close to residential
dwellings. Councilman Amo feels citizens, some not city
residents have put horses where they do not belong belong
and he would not support the repeal or request for appeal of
the present ordinance.
#3179
· M/S/C/(Amo/Drouin) to deny appeal of BMC 7.04.060 - Keep-
ing of Livestock, by Ms. Tobi Arnette.
TAPE #290 Discussion continued as to whether or not Council should
consider "grandfathering" existing livestock prior to the
inactment of the existing ordinance. City Attorney Bill
Broughton stated that the ordinance did not include a
grandfather clause.
VOTE: In favor: Sturdivant, Horning, Pachek, Moseiy,
Drouin, Amo, Adrian & Johnson
Opposed: Anderson
Motion PASSED to deny appeal.
#0181
· M/S/(Adrian/Anderson) to rewrite/revise the draft and bring
back before Council in five weeks.
Councilman Drouin was against a rewrite and complained that
the Mayor's office should have enforced the ordinance during
the past 3 years so this type of problem would not happen.
VOTE: In Favor: Mosely, Anderson, Amo a Adrian
Against: Sturdivant, Horning, Pachek, Drouin
a Johnson
Motion FAILED.
Council recessed from 7:10 - 7:20 p.m.
PROPOSED ORDINANCE - STREET/SIDEWALK VENDORS, #AB86-434
An ordinance draft was presented for information only to
address the Sidewalk/Street Vendor issue and complaints from
citizens and businessman. The draft is a compilation of
several ordinance used by other Cities particularly the City
of Seattle. Due to the number of differing views as to tne
necessary content of the ordinance, this item has been
scheduled for discussion and input only with notice sent to
the Chamber of Commerce, Mainstreet Assn., vendors and
parties who have spoken at Council. Business Tax Official,
Janie Coberly, author of the draft commented on concerns she
has received by both businessman and vendors in a prepared
memo, on file in the City Clerk's office. The concensus is
that the ordinance is much needed and supported by
businessman, a local attorney, a financial institution and
Health department officials who request that the ordinance
contain strong verbiage to control the vendor operations.
One of the major concerns that needed clarification was who
owned/was liable for maintenance or accidents on the
sidewalk.
Mr. Dave Tipton, Bremerton/Kitsap County Health Department
official, spoke of the complaints his department was
receiving. Complaints received include too many vendors at
one location, sanitary problems, grease accumulation on
b~-siness buildings/sidewalk, !liness from contaminated foods
a~t possible violations of State sanitation codes. ! City
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October 16, 1985 '/
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Attorney Bill Broughton noted that there will ~be
section, repealer for this ordinance. In response to
Councilman Amo's question, Ms. McCluskey stated that copies
of the proposed draft were distributed extensively with
additional copies available tonight for those who have not
received one.
Ms. Dabble Faga~, 2t20 Evans Avenue, spoke on researching
the issue, giving statistical data and listing of those
interviewed, including responses, on Eiie in the City
Clerk's office. She spoke neither for or against the issue.
She felt the fee was excessive, that many vendors depended
on their operation as sole income and that the City should
consider the needs of the target area and image Bremerton
wants to project.
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a new
Ms. Norma Davis, Port Orchard, stated that she works in
Bremerton and favored the vendor operations. S~e thought
that the trash problem was the responsibility of those
littering however vendors could De required to also have a
trash receptacle available at site. She questioned the
requirement of $500,000 insurance which she felt excessive
and unattainable for most. Ms. McCiuskey noted that this is
a general requirement by the City which includes naming the
City additional insured and there has been no problems in
the past.
Ms. Tessie Thomas, Representing Erma's Bar-B-Qua, stated she
felt, being the only black business in downtown Bremerton,
it could be discriminatory should operations be shut down.
She agrees that Operators must work with the city and
businessmen and encouraged stringent health requirements,
however, these vendors stimulate business, employ many area
citizens and she will be prepared to offer a petition (300
signatures) when the ordinance is before Council for action.
Ms. Chuck Miller, Auburn, WA. (Vendor), stated he operates 6
carts in the summer months, 2 in the winter. He outline the
problems he had with the proposed draft and how it varies
from the Seattle document. He felt the loss of revenue by
downtown Restaurants is not due to the vendors but the
economic situation in the city of Bremerton which is
drastically down. His receipts are also down from
origination of his operation in this area. He noted that he
will send a letter to Council specifying his concerns in
outline form.
Mr. Howard Haqer, Property owner/Businessman, would like to
see vendors on street versus sidewalk. He expressed concern
for the property owners and extent of their liability for a
vendor's negligence. He felt the property owners nave a
major investment in buildings, etc. and pay more than the B
& 0 Tax/into the city in other tax assessments therefore the
questiom of liability must be addressed. He wanted
ciarifi~ation as to determining who gets the "good corner"
Mr. Earl Nelson, 313 Olympic Avenue, was against, stating
sidewalks are for people. ~
Mr. George Allen, 1300 N.E. Bond Rd., felt sidewalks are a
public place and section should be clarified; reiterated as
to who owns sidewalk and referenced the "Marquee" ordinance
which allows only a 7' umbrella; he expressed concern
regarding use of propane gas.
Ms. Mary Jensen, 2638 Vincent Way (Vendor), spoke in favor
of the ordinance. She outlined the money, time and energy
spent on setting up her operation and was not aware of any
complaints against her business. She indicated she has
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totally cooperated with the Health department and is
experienced in food service and is providing an economic
service for the community with a good product and good
price.
Mr. Brooke Snyder, 416 So. Lafayette, offered suggestions
such as possibly allowing vendors to occupy metered areas on
street; Waste receptacles for trash (provided by vendor);
one license which allows option for relocation and not a
separate permit for each; Person leasing or assigned space
should be responsible under the terms of the insurance, and
where does this ordinance limit or define street vendors
(i.e., Girl Scouts cookie sales, Poppy Sales, clothing,
etc.). He felt this section should be clearly defined.
Mr. Pete Flynn, Mainstreet Association, commended the draft
ordinance by Ms. Coberiy and expressed his concerns to
include specifying locations with possible bidding on the
spots available; distance from businesses offering the same
wares in buildings (i.e., flower carts - 200' from
florists).
Ms. Sarah Taylor, 4125 Breeding (vendor), as an operator
wanted to know what people got sick from, which operator was
responsible, etc. so that the problem could be corrected.
She stated that if operators are not aware of the problems,
and no one has complained directly to her, they cannot
possibly correct a bad situation.
Councilman Johnson felt the liability for the sidewalk
should be the responsibility of the vendor. He felt that
the business licence requirements should not be more
stringent than any other business and that they be treated
equally.
Councilman Mosely addressed the problem of vendors blocking
entrances to established businesses. Also his understanding
of the law states that the Owner of the property i__s
responsible and liable for anything occurring on the
sidewalk from snow removal, etc.
Councilman Amo suggested appointing a committee to oversee
unresolved issues with one businessman/owner representative
which also could establish locations, etc. He felt fees may
be too high; insurance possibly too high; city require
vendor to have trash receptacle at operation; vendor should
lease space and if unused reverts back to a pool to be
teassigned; that the space lease is the responsibility of
vendor, and businessmen should not have control of ~he
committee that oversees operators.
Councilman Sturdivant expressed his concern about vendor
operations specifically on Pacific Avenue. SiGe streets
have wider sidewalks, however on Pacific Avenue the
sidewalks are I0' wide; If a vendor cart takes 5',
customers 2-3', there is no passageway ~e~* He took the
time to personally measure the sidewalks abutting Pacific
today. He was in favor of off-sidewalk space by renting
metered space. He felt the draft was opening the door to
all kinds of street vendors such as in Eastcoast cities and
was concerned of possible illegal merchandise or stolen
property being brought into the area. If the draft
adcresses food vendors only he could support. He felt that
the businessmen who have 1/2 - 3/4 million investment are
being discriminated against.
Councilman Homing, liked the idea of street vendors
especially in view of the proposed direction of downtown
redevelopment because their presence adds "character",
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however ne felt the property owners and businessmen that are
paying the bulk of taxes have a right to comment. He was
concerned about insurance requirements. He thought tnat
operators with one or more carts should.be able to purchase
a "master license", with reouced assessment for 2 carts or
more. He objected to the 200' restriction and using flower
stands as example because other Dusinesses need protection
from competitors also.
Councilman Pachek questioned where operators prepared their
pre-cooked items. He thought there is no way this can 0e
inspected or regulated and should be addressed in the draft.
Problems could arise from lack of inspection or unsanitary
preparation and should be monitored by both the City and
Health departments.
Councilman Drouin stated he believed in free-enterprise but
that strong consideration should be given to the long time
property owner/businessmen who have been taxed severely. He
thought the ordinance should be acted on immediately to give
the city some leverage to enforce. He felt $100.00 fee was
low as compared to the cost of paperwork, inspections, etc.
Councilman Anderson asked if the food vendors could be
separated by ordinance from other street vendors. City
Attorney Broughton stated it would be difficult to do and
review of ordinances, in effect in other cities, covered all
type vendors. Councilman Amo felt the city cannot look at
what vendors pay the city but the overall Gowntown
redevelopment issue which dictates this ordinance should be
done with control. Councilman Sturdivant stated that the
only problem with hooded meter space for vendors would be
the problems for Christmas shoppers which is an annual
problem. Councilman Adrian felt the downtown is alive with
the street vendors and suggested concerns/comments should be
addressed to Ms. Coberly, through the City Clerk, to enable
final construction of the draft.
· M/S/C/(Adrian/Amo) requesting Council to provide written
comments regarding the proposed sidewalk vendors ordinance
to staff and first reading in 3 weeks.
VOTE: In favor: Sturdivant, Homing, Pachek, Moseiy,
Anderson, Drouin, Amo & Adrian
Opposed: Johnson
Council recessed from 8:50 - 9:00 p.m.
Councilmen Phil Drouin and Jim Adrian left the meeting.
ALLOCATION OF FUNDS FOR TEMPORARY-HELP, PSNS B & 0 TAXATION,
#AB85-436
Ms. McCluskey requested Council approval to provide
temporary full-time clerical help in licensing
contractors/vendors at the Puget Sound Naval Shipyard. This
support position would be responsible for obtaining listings
of Shipyard Contractors and businesses by reviewing Shipyard
gate passes and log books; typing correspondence and mailing
out packets, and entering data on the computer for accurate
monitoring by Tax and License official. This would permit
the Tax & License Official time to research the complex tax
questions which result from taxation of a Federal
reservation. Also, it would allow the Tax Reven~e Auditor
more time to perform audits of local businesses. It is the
intent to ~ave the licensing at the Shipyard current bv
December 31, 1985 and this POSitiOn iS not requested for
1986.
· M/S/C/U/(Johnson/Pachek) to approve hiring a temporary cier-
ica! individual as staff support for the B & 0 division for
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#2002
#2061
#2586 ·
PSNS B & 0 Taxation.
RESOLUTION #2091 - SUPPORTING HJR 23 COMMUNITY REDEVELOPMENT
FINANCING, #AB85-435
Ms. Kath!een Dewhirst, Specialist in Capital improvement
Bonds, spo~e before Council in support of HJR 23 which is on
the November ballot and was seeking Council support of the
measure through Resolution. She presented a slide
presentation to clarify the bill.
Councilmen Sturdiva~t, Mosely and Angerson oojected to-
having an issue on the ballot which seeks Council's support.
Mr. Pete F!ynn, Mainstreet, highlighted the benefits to the
community. Mr. Story, Peopie's Bank, encouraged support as
this would be a sound investment for the community and
financial institutions could support. Mr. Howard Hager
encouraged Council to take a stand. Councilman Amo stated
this issue was before Council to gain unity and assist the
community in a forward motion.
M/S/(Sturdivant/Mosely) table Resolution #2091.
VOTE: In favor: Sturdivant, Anderson and Mosely
Opposed: Amo, Johnson a Horning
Abstain: Pachek
Motion FAILED.
· M/S/C/(Amo/Johnson) to approve Resolution #2091.
VOTE: In favor: Homing, Pachek, Amo & Johnson
Opposed: Sturdivant a Mosely
Abstain:. Anderson
DELEGATION OF AUTHORITY/PERSONNEL DIRECTOR, #AB85-437
This Rule, giving the Secretary to the Civil Service
Commission/Personnel Director delegation authority, expired
by it's own terms and now needs re-enactment by City
Council. The Civil Service Commission re-approved the Rule
at the October 10 regular meeting except for Section VI C,
which they will consider when all Commissioners are present
(only three Commissioners were present a~ October 10
meeting). The Commission re-approved the Rule with minor
changes to Section IIB, Section IIIA and Section VIA.
Ms. MargerV Holsather, Personnel Specialist, noted that the
Personnel Director cannot legally, perform various functions
until this Rule is re-enacted.
Councilman Johnson suggested tabling until the Civil Service
Commission rules on the remainder of the Rule.
Councilman Anderson, noted that this was put on the agenda
after he signed of the packet and has neither his nor the
Mayor's signatures and expressed concern that people ]nay not
have been notified of this action. He still has problems
with the amount of power given to one individual and having
to take action on a document without all the information
available. Ms. Hoisather stated Mr. Dou~ Bush, Teamster
President felt this Rule was working well and that it was
drafted to reduce load on the Civil Service Commission.
Councilman Amo noted it was negotiated over a period of time
with the Unions and Council before first approval in
February. Councilman Homing expressee similar concerns as
Councilman Anderson. Just because it is said it works,
there is no information available from representatives who
were to monitor this trial period of 6-months. He asked how
it worked positively? What proOiems occurred anU staffing
impact on Personnel should it be approved as a rule.
M/S/C/(Horning/PacneE] to ta'o~e the passage of a new Civil
Service Rule, delegation of Admzn:Lstlat.ive Authority to the
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Secretary of the Commission/Personnel Director.
VOTE: In favor: Sturdivant, Homing, Pachek, Mosely,
Anderson
Opposed: Amo & Johnson
Motion PASSED to taDie for 2 weeks.
With no further business, meeting adjourned at i0:18 p.m.
KATHLEEN MCCLUSKEY, CiTy Clerk
City of Bremerton
APPROVED:
ART ANDERSON, President
City Council
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