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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 UNAPPROVED DRAFT ,TAPE #289 City Council Reg. Mtg. Minutes October 16, 19~ 5 Page 2 of 9 #0503 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 Padre 3 of ~ UNAPPROVED DRAFT 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. TAPE #289 City Council r~eg. Mtg. Minutes Oc+ ~ber 16, 1985 Pa~ 4 of 9 UNAPPROVED DRAFT 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 TAPE #290 ' City Council Rag. Mtg. Minutes October 16, 1985 '/ Page 5 of 9 i!. 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. UNAPPROVED DRAFT \ 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 TAPE #290 City Council Reg. Mtg. Minutes October 16, 1985 Page 6 of 9 UNAPPROVED DRAFT 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", TAPE #290 City Council Reg. Mtg. Minutes October 16, 1985 Page 7 of 9 UNAPPROVED DRAFT #1298 #!357 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 TAPE #290 City Council Reg. Mtg. Minutes October 16, 1985 Page 8 of 9 UNAPPROVED DRAFT #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 TAPE #290 City Council Reg. Mtg. Minutes October 16, 1985 Page 9 of 9 UNAPPROVED DRAFT 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 KLM:AA/cjs CC: Normal Distribution File/Vault