HomeMy WebLinkAbout01/10/96 AGENDABREMERTON CITY COUNCIL
239 4TH STREET
BREMERTON, WA 98337
CITY COUNCIL AGENDA
JANUARY 10, 1996
CALL TO ORDER - 5:30 P.M.
A. Pledge Of Allegiance
B. Invocation
C. Election Of City Council Officers
CONSENT AGENDA
Items listed below have been distributed to Council members
in advance for study and will be enacted by one motion. If
separate discussion is desired on an item, it may be removed
from the Consent Agenda and placed on the Regular Agenda at
the request of a Council member.
A. Minutes - December 6, 1995
#AB96-003
B. Minutes - December 13, 1995
3. CLAIMS/CHECK REGISTERS
#AB96-004
4. COUNCIL MEMBER REPORTS
5. MAYORmS REPORT
6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes)
NEW BUSINESS
A. Warren Avenue Basin CSO Reduction Project -
Change Order #4
#AB96-005 30
PUBLIC HEARING - 6:00 P.M. OR LATER
A. To Consider A Comprehensive Plan Map Correction 9AB96-006
To Add An "Industrial Park" Designation To Lands
In The Vicinity Of Pendergast Regional Park In
West Bremerton; And Approving Ordinance
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: MINUTES -'DECEMBER 6, 1996
FOR AGENDA OF: January 10, 1996
ORIGINATING DEPT: City Council
ORIGINATOR: 'Sherril Huff-Menees Pres.
DATE SUBMITTED: 1-3-96
2. ~: (comment on back
if necessary)
3. EXHIBITS:
ENDORSEMENT INFORMATION APPROVED BY couNcIL PRESIDENT FOR SUBMITTAL:
£11,'--
4. SUM~Y STATEMENT AND REQUIREMENT FOR 'COUNCIL ACTION: ~
8. RECOF94ENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
~UNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
AMENDED
11. AGENDA 'KILL NO:
CITY COUNCIL MEETING MINUTES
DECEMBER 6, 1995
#0022
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, December 6, 1995, at 5:30 P.M.,
with Council President Sherril Huff-Menees presiding. Council
members present were Bob Winters, A1 Colvin, Morrie Dawkins, Carlos
Montgomery, John Law, David Farr,~-RS~.~!~, and Lon Overson.
Councilmen Richard Neville and Bob Winters were absent. Also
present were City Attorney Ian Sievers and City Clerk Kathleen
McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Huff-Menees and Invocation given by Pastor Sam Rachal,
Jr. of Mount Zion Missionary Baptist Church.
CONSENT AGENDA
None
CLAIMS/CHECK 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 that
had been made available to the Council.
M/S/C/U(Colvin/Montgomery) on December 6, 1995, the Council does
approve for payment those vouchers included and further described
as follows: 190049 through 190210 in the amount of $384,410.41;
and Regular Payroll for the period ending 11-30-95, in the amount
of $710,732.33.
President Huff-Menees made the following announcement:
(1) City Council Executive Session immediately following Council
meeting to discuss "Real Estate".
(2) Two City Council Study Sessions following the above noted
Executive Session. Topics of discussion: "Waterfront Project
Negotiation" and "Memorandum Of Understanding".
(3) City Council Study Session on December 18, 1995, starting at
5:30 P.M., in the Council Conference Room. Topics of discussion
will be Public Works and Utilities Department issues.
COUNCIL MEMBER REPORTS
Mr. Colvin expressed his appreciation for all cards, letters and
get well wishes he has received these past few weeks. He was
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pleased to report some good news - Pauline Machinski wished to
thank Dave Coleman of the Parks Department for taking care of a
problem that was the Parks Department responsibility. He referenced
a letter he received from the Bremerton - Kitsap County Health
District in which they explained the Health District can respond to
unhealthy living conditions under their Solid Waste Regulations, if
the garbage is located outside of the house. The
Residential/Landlord Tenant Act Chapter 59.18 RCW also grants
certain rights to tenants, including the right to a clean rental at
the commencement of the tenancy. The tenant is required to notify
the landlord the unit is not clean.
Mr. D&wkins stated being the sentimental type, he is enjoying the
beautiful Christmas light displays throughout the City.
Mr. Montqomery announced the Forest Ridge Park restrooms are in the
process of being restored.
Mr. Law recognized the fact that Amy Burnett Gallery is advertising
in the Seattle newspapers and encouraging people to come to
Bremerton. The next District #3 Neighborhood Meeting is scheduled
for January 16. He extended "Happy Holidays" to everyone.
Mr. Fart stated two projects in the City caught his eye - the
remodel and second story addition to the former National Bank of
Bremerton at 6th and Park and the former Elks' building.
Mr. Overson stated somewhat counter to a letter to the Editor some
new homes are being built in District #1 and District #9. He
enjoyed the weekend activities downtown, including the arrival of
St. Nick. He complimented the City Street Department for their
efforts keeping the Warren Avenue Bridge sanded this morning in an
effort to make driving safer on icy streets.
MAYORtS REPORT
Mayor Lynn Horton stated it was good to be back after missing a
rather lively Council meeting the prior week. She was pleased to
report the "big toy", which was funded through Block Grant funds,
is in place at the Warren Avenue Playfield. The Parks Department
will be systematically replacing play equipment that is not up to
standards. She pointed out a survey has been included on the
Utility Billing seeking citizen input on what they feel are
important areas of the City (20-identified areas). Citizens are
being asked to rate their "top five" issues where they would like
to see more emphasis placed.
PUBLIC RECOGNITION
John Thomas suggested that the proceeds from the sale of the
Anderson Creek watershed property be placed in a special account as
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seed money for building a filtration facility when needed. Also,
if the shallow wells in the Anderson Creek area become polluted due
to industrial uses in that area, possibly the City could provide
those residents with City water for a period of time. At the
previous Council meeting someone commented about the construction
at the Walmart site on Wheaton Way causing environmental problems.
He cautioned that the contractor should not be blamed, but rather
the public officials allowing the dirt to be moved during the rainy
season. He referenced two letters to the Editor, one from Mr.
Pratt, Director of Community Development and Bill McKinney, the
City's Forester, and felt it was a shame the local newspaper could
not report issues as they happen and that City Officials have to
respond in that manner.
Fay M~Cl&in, owner of This That And Another representing the
Downtown Business Association, reported the Treasure Hunt went very
well. She invited everyone to the Christmas Music Festival on
December 16.
Del Knauss started he is a registered voter and hoped that gave him
the right to speak during this opportunity for public input. He
along with others in the community were not pleased with Mr.
Montgomery's comments relating to his serving only registered
voters in the City. The City Charter only requires that members of
the City Council, Mayor and Civil Service Commission be registered
voters, also many of the Department Heads, staff and members of
commissions are not required to be registered voters. The City,
State and Federal government does not ask people if they are
registered voters before collecting tax dollars from them, which
pays for their salaries. The City is currently working on making
some changes to the City Charter, maybe we should include a section
titled the "Monty Amendment" that says only registered voters have
the right to speak to the City Council during Public Recognition or
Agenda items. It concerned him that a few Council members were
making the whole Council look bad.
Carol Atkinson, Bremerton Main Street, thanked Councilman Overson
and Councilman Law for attending the Christmas Tree lighting
ceremony on December 1. She also thanked the Bremerton Fire
Department, Police Department, Bremerton High School Choir and
Bremerton High School Key Club for their help in making this event
a success. Main Street is excited about working with the Port Of
Bremerton on the dedication of the pedestrian shelter on the First
Street dock, and the Grand Opening of the Police Resource Division
on 4th Street. Both events will occur on December 14, beginning at
5:00 P.M., on the waterfront.
Gordy Byr4 extended a special "thank you" to a group of Olympic
High School DECA Club members for their effort in preparing a
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Thanksgiving Day dinner, which was free
7A - PUBLIC DEFENDER CONTRACT -- ROVkNG & ASSOCIATES, #AB95-263
The law firm of Rovang & Associates was hired to perform public
defender services under a three year contract commencing February
1, 1994. The attached proposed contract makes the following
changes:
The term is extended for a three year period, January 1, 1997
to December 31, 1999.
Compensation for 1996, the final year of the existing contract
shall be in the amount of $98,000. A reduction of $17,000
from the 1995 compensation. The reduction is based upon two
factors: a) a decrease in assignments; and b) the extension of
the contract assures Mr. Rovang continued cash flow on an
annually negotiated basis.
Carryover cases reduced from 6 months to 4 months. The court
agrees that cases assigned by December 31, 1999 (the
termination of the contract) could be handled within the
following 4 months.
Kathleen McCluske¥, City Clerk, pointed out when she brought the
Agenda bill to Council Committees the amount of the proposed
contract was $105,00 and now that figure has been reduced by
$7,000, which was due to continued negotiations with Mr. Rovang
after taking a closer look at the cost if the City took on that
responsiblity in-house. The information used to evaluate the
contract covered a number of different things, not just the number
of cases assigned, because there is a certain level of staffing
that the contractor needs to maintain and the fluctuation in cases
assigned may or may not affect that staffing. Therefore, criteria
used included cases assigned, comparing the cost of in-house legal
services, and comparables using the city of Port Orchard Municipal
Court and the District Court, who charge a per case cost. She
emphasized the city's proposal is a "flat rate", which brings down
the cost over a "per case" fee.
Public comment - none.
Mr. Colvin asked if Mr. Rovang was a citizen of Bremerton? David
Rovang stated no, he resides in Mason County, but does pay
Bremerton Business and Occupation Tax for the business he carries
out in Bremerton.
Mr. Dawklns stated based on the comparables for the city of Port
Orchard and the County's District Court, it appears the contract
with Mr. Rovang is saving the City money. He asked Mr. Rovang if
he could give a percentage estimate of cost savings to the City?
Mr Rovanq stated he did not have a percentage estimate, but as Ms.
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McCluskey stated it is difficult to value the contract because of
the different circumstances that go into it. This contract has
been negotiated on a flat fee cost basis where other jurisdictions
base their cost on how many cases are assigned, how many probation
violations are assigned and how many appeals are assigned and each
thing is priced differently. The amount he has agreed to is
considerably less than comparable services for other jurisdictions.
Mr. D&wkins pointed out a considerable cost savings for the City
for costs for trials. Mr. Rovang noted under the District Court
they pay separately for four different services that are all
included in the flat rate he has agreed to under this contract.
The other advantage to the City under this contract is that his
office is available to give services to the Court in excess of just
case assignments. An example of that is there are times when
someone will come into Court, who is disabled or disadvantaged,
finding it difficult to represent themselves and yet they are not
entitled, under the law, appointment of an attorney, and therefore
the Judge would be unable to appoint someone to represent them.
But, since his firm has agreed to provide defender services to the
City of Bremerton on a flat rate basis, if there is an attorney
available in the Court room they will often volunteer to represent
that person at no extra compensation even though they are not
required to under the contract. The Municipal Court Judge has
found that to be very useful and helpful to him and Court staff.
President Huff-Menees stated when this issue came to Council Fiscal
and Budget Committee there was high praise from Ms. McCluskey and
others with respect to Mr. Rovang's work and how smoothly the
contract had been administered.
M/S/C/U(Montgomery/Colvin) to approve the Public Defender Contract
with Rovang & Associates.
7B - LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437 - JANUARY 1,
1996 THROUGH JANUARY 31t 1998t ~AB95-264
The attached Labor Agreement between the City of Bremerton and the
International Association of Fire Fighters Local 437 has been
negotiated pursuant to the provisions of RCW Chapter 41.56, the
Public Employees Collective Bargaining Statute of the State of
Washington, for the purpose of setting forth the wages, hours, and
working conditions which are to be in effect during the term of the
agreement for all employees included in the bargaining unit which
is represented by the Union. The attached agreement replaces the
existing agreement, which will expire on December 31, 1995.
Jim Meith, Human Resources Manager, explained this agreement has
been ratified by Fire Fighters Local 437. Funds for this agreement
are included in the 1996 proposed budget.
#0915
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Public comment - none.
M/S/C/U(Montgomery/Farr) to approve the Labor Agreement by and
between the City of Bremerton and the International Association of
Fire Fighters Local 437 for the period of January 1, 1996 through
December 31, 1998.
Mr. Law stated during his short time on the City Council this is
the second contract approved for this group; however, there has
never been a representative from the Union present to say they are
satisfied with the contract. He questioned if this was the normal
practice? Mr. Meith stated Mr. Law's observation was noted. Fire
Chief Mick McKinley pointed out the Union negotiation process has
been different under Mr. Meith's direction and there is now on-
going dialogue that allows the airing of concerns or issues a lot
earlier than in the past.
?C - LETTER OF INTENT TO ANNEX THE TRACYTON BEACH ~REA (10~),
~AB95-265
The City Council has before them a Letter of Intent to Annex an
area, designated as the Tracyton Beach Area into the City of
Bremerton. This Letter of Intent is the first step in a process
which is defined by RCW 35.13.125.
The City Council is required by this law to determine:
1. Whether the City will accept, reject, or geographically modify
the proposed annexation; and
2. Whether the City will require the simultaneous adoption of a
comprehensive plan, or whether the City will allow provisional
zoning to be assigned administratively according to BMC
21.02.260; and
3. Whether the City will require the assumption of a proportional
share of the City's current indebtedness as a condition of any
future Petition for annexation.
Terrie O,Neill, Municipal Services Coordinator, explained this is
the first step in the petition method of annexation, which is the
most commonly used method in the State. The annexation area is
comprised of 15.22 acres with approximately six houses. The
applicants are looking for City utilities and desire to be annexed
into the City. If this petition to annex is approved, the next
step will to go before the Boundary Review Board, who will have an
opportunity to review the issue and hold a public hearing for
affected jurisdictions.
The annexation area is contiguous to the City on three sides and it
also has a City park that was donated to the City about two years
ago.
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Jack Lefcoski, Bremerton resident, asked the City Council to think
hard before approving the proposed annexation because he believes
the ideal placement of a third bridge across the Washington Narrows
would involve the subject area, particularly the off ramp on the
east side.
Ms. O'Neill pointed out the base map identified an "exclusion" for
Parcel #80, which is incorrect and that parcel is included in the
annexation area. In response to Mr. Lefcoski's comments, the
property is currently zoned in the County for development and
annexation will not affect that; however, the property owner
prefers developing it in the City.
Dede Beckle¥ stated she owns parcel 012 and neither objects or
agrees with the proposal to annex the subject area into the City.
However, she wanted to make a statement to perhaps protect what
goes on lots 109 and 108, which is a water run off problem and a
sensitive area. Pictures were provided showing how the water
problem affects her property. A small drainage line was put in by
her father in the 1960's, which drains into a pond. She emphasized
the maintenance of that pond and the road have been mainly her
responsibility and her father's before her. However, the drain has
been inadequate from the very beginning. If people build new
homes and invest their money, they should be aware their homes
might be flooded at Christmas time. She was not looking forward to
having 78 houses built on the site and expected it would impact her
property by expanding her "water drainage problem"; and she did not
want to have traffic from 78 homes traveling on her road down to
Tracyton Beach Road. She believed putting traffic from 78 homes on
to Tracyton Beach Road would also be a traffic hazard.
David Smith stated he is part of the group proposing to purchase
the property from Gerald Vergeer and he is the one behind the
annexation proposal being presented. As Ms. O'Neill mentioned,
there are several advantages for their wanting to annex into the
city of Bremerton. He believes some of Ms. Beckley's fears will be
solved by the proposed development. In order to proceed with their
project, they must go through a public hearing process where
environmental issues will be addressed.
Mr. colvin asked Ms. O'Neill if she was aware of the drainage
problem as identified by Ms. Beckley? Ms. O'Neill stated when the
site is annexed into the City those kinds of problems come under
the City's jurisdiction. She was not familiar with Ms. Beckley's
specific problem, but she did talk with her about being included in
the annexation, since she was not one of the petitions, as well as
availability of sewer. She also emphasized some of the issues
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will be addressed during the public hearing process through the
Planning Commission on January 16, 1996. Plus, there will be a
SEPA review process that will be handled by Jack Allingham in the
Department Of Community Development. Mr. Colvin asked based on the
statement by Ms. Beckley, what kind of liability is being brought
into the City, if the annexation is approved? Ian Sievers, City
Attorney, stated by virtue of the annexation and inclusion of Ms.
Beckley's property and other properties on that private easement
and natural drain through those lots, within the City it does not
mean the City assumes responsiblity for that prior easement and
privately maintained drainage system. The City does have a
Stormwater Utility that will try to correct and fix some of the
problems, but it is on a priority basis.
Mr. Montgomery asked if a marsh land existed in lots 108 and 1097
David Smith stated they are not purchasing lots 108 and 109 because
they are too small a developer to get involved in a critical
wetlands problem. Upon their review of the site it was noted there
are some grasses indicative of a wetland, but he was not sure if it
was greater than 10,000 square feet. Ms. Beckley explained the pond
she identified is listed on the National Field Service Map and a
small portion of it is identified as a wetland.
Dwight Nichols, E. 31st, which is in the County, stated he is in
favor of the annexation. He is concerned about drainage of water
across Tracyton Beach Road that damages the roadway. With the
addition of 78 homes in that area, will it increase the water run
off on Tracyton Beach Road?
Mr. Fart noted the staff recommendation is to require the
simultaneous adoption of the Comprehensive Plan and Land Use
designations. He asked what is the current County land use
designation for the subject area? Ms. O'Neill stated it was her
understanding the zoning is R-4 and the Comprehensive Plan
designation is R-9.
M/S/C/U(Montgomery/Colvin) to accept the area as proposed; require
the simultaneous adoption of a comprehensive plan and land use
designations; and require the area to assume a proportional share
of the City's current indebtedness upon annexation.
8A - ORDINANCE (FIRST READING), AMENDING THE 1995 BUDGET (BUDGET
ADJUSTMENTS %24, %25, %29, %30, AND #32 THROUGH #46), #AB95-266
A number of actions have been taken by the City which need to be
incorporated into the Budget in order for the document to remain an
accurate projection of City financial activity.
Rich Hanna, City Treasurer, stated the vast majority of the Budget
Adjustments have already been reviewed and approved by Council in
1953
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the context of contracts and other similar actions. This action
completes that process by actually amending the Budget as adopted
by ordinance.
Public comment - none.
Mr. Law noted the Council Fiscal and Budget Committee reviewed each
of the Budget Adjustments and were satisfied with the explanations
given for each of them.
M/S/C/U(Montgomery/Colvin) to approve ordinance, on first reading,
amending Ordinance No. 4519 relating to the budget of the City of
Bremerton for Fiscal Year 1995.
8B - ORDINANCE (FIRST READING) ADOPTING THE 1996 BUDGET AND
REPE~LING ORDINANCE NO. WS 4515t 4400t 4356~ AND 4231~ #AB95-267
This ordinance adopts by reference the Preliminary 1996 Budget as
presented by the Mayor and modified by the City Council.
Mayor Lynn Horton stated this budget is very close to the original
Preliminary Budget she submitted to the Council with the exception
of some minor changes and the inclusion of taking over the
operation of the Wastewater Treatment Plant. As far as staffing
goes, this is a fairly flat budget and dollar wise it comes very
close to cost of living increases and the majority of that is in
salary increases and then increases in supplies and services.
There is increased staffing levels in the Fire Department, although
to bring on those new positions it is necessary to ramp down some
of the overtime costs. Her reasoning behind increasing staffing
levels in that department was based on the fact that it is a high
stress and physically demanding job and continually running the
Department on overtime was not a good use of our human resources.
Under the Capital items in the Utilities (Water, Wastewater and
Stormwater) there are a multitude of projects, with the most
significant being the next phase of the Callow Avenue stormwater
project and some carryover of projects not completed in 1995.
Parks projects have been identified and funded in the amount of
approximately $350,000, which are mostly coming from the Real
Estate Excise Tax, as well as the Roosevelt Field Replacement Fund
for Phase I of Evergreen Park expansion. She was not sure how far
those funds would stretch, but it will at least include: Evergreen
Park - shoreline restoration, new restrooms, parking areas and new
pathways, 3-small basketball court areas and sand volleyball area;
new big toy. In 1996 she anticipates acquiring the old Hadden
School site as per the Roosevelt Field Replacement Fund plan has
designated. The budget reflects the use of Hotel/Motel Tax funds
to the Admiral Theater, Visitor and Convention Bureau, Bremerton
Area Chamber Of Commerce, Kitsap County Historical Museum. There
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is some residual money in that fund; however she asked that Council
not make a decision at this time on allocating those funds until it
is know whether or not the Bremerton/Kitsap County is successful in
acquiring the U.S.S. Missouri. If that effort fails, then Council
could re-look at allocating those funds.
Diane Robinson, Elandan Gardens, spoke in favor of increased
allocations for the visitor and Convention Bureau. She expounded
on the importance of attracting people to visit Kitsap County's and
Bremerton attractions. As a new business, their livelihood is
dependent on getting people to stop by their establishment and
promoting this area throughout the State and northwest is a
positive step in that direction.
Linda Miller, Visitor and Convention Bureau (VCB, read a letter
from Sandy Ward, Executive Director of the VCB, in which she talked
about the role of the VCB in coordinating tourism advertising,
selling conventions, establishing relationships with state-wide
media and travel writers, sending out visitor information, etc.
She stressed the impact of not having a person specifically to
serve as Convention Sales Person and how that affects the City of
Bremerton and Kitsap County overall. She urged the City Council to
reconsider their 1996 Hotel/Motel Tax allocation to the VCB by
allocating $40,000 to complete their 1996 Marketing Plan.
John Thomas pointed out the two additional fire fighter positions
are in addition to current staffing. In 1983 one position was cut
on each Fire shift bringing the number of fire fighters per shift
to 11. As of this date, there are still 11 fire fighters per
shift- 4 at Station 2, 4 at Station 3 and 3 at Station 1. Station
2 and 3 run the medic units cutting fire fighting staff down to two
at each station. He, quoted NFDA standards: "no fire fiqhter will
'~4 enter a burning bil~ing unless there is a team of two and there
will be a back up person in case something happens." He pointed
out when there is a 2-man engine company, they cannot go into a
burning building. Calls for Bremerton Fire department services
show that the City cannot provide coverage with two people on an
engine company. The City of Seattle is eliminating 3-man engine
companies and going to 4-man engine companies. He expressed
concern that the citizens were not being given what they need in
terms of adequate fire protection.
Del Knauss asked for answers to the following questions:
(1) Will there be any increase in Wastewater rates?
(2) Where is the money coming from for the condemnation of property
near the Wastewater Treatment Plant?
And, he made the following statement: "Bremerton Main Street is
down from $35,000 to about $5,000 - he hopes the Blackberry
Festival and Concerts On The Dock will not be eliminated due to the
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decrease in funding."
Mayor Lynn Horton stated in response to Mr. Knauss's questions as
it stands now she has not included a utility rate increase in the
1996 budget. At this point, she anticipates getting through all of
1996 without an increase, and that does include the condemnation
area. The problem may be in 1997 because there will be some
stormwater projects that come on line according to the Consent
Decree the City agreed to. In January of 1996, she anticipates
coming to Council with a 5-year cash flow projection and a listing
of all of the projects for the next five years. She and her staff
believe, if some of the phasing of the projects can be changed
through the concurrence with Puget Sound Alliance, the City may be
able to go without a rate increase in 1996 in total. If that
fails, she and staff will be back before Council with a rate
increase proposal and at this point she was not sure what that
increase would amount to. In regard to Bremerton Main Street
funding, although they requested $35,000 for 1996, their 1995
allocation was $13,000 and what remains in the 1996 budget for that
group is $5,000.
Beverly Woods, Executive Director Bremerton Area Chamber Of
Commerce, stated the Chamber had requested $29,950 and Council's
recommendation is for $17,000, which will require them to readjust
their budget.
TAPE #1343
Ms. Woods assured Council they would do the best job they could
with the amount of money given to them. She also noted that the
Chamber and Visitor and Convention Bureau are pooling some of their
funds for advertising and working closely together for the
betterment of Bremerton. She also stressed that this is a critical
year to work on bringing conventions to Bremerton in order to fill
the hotels/motels with people other than the military or to sit
vacant.
Mr. Colvin stated Mayor Horton spoke of a possible rate increase,
but did not state an amount. Mayor Horton stated at this point it
was not known the amount of the increase if the City is not
successful in getting Puget Sound Alliance to agree to some kind of
change to the Decree. If that effort is unsuccessful, she
anticipates the rate increase may be around nine percent.
Mr. Farr stated it was difficult dividing up the funds for non-
profit organizations and he also hoped to see the continuation of
the Blackberry Festival and Concerts On The Dock. He referenced
the Police Department's Community Resource Division's staffing,
which included a volunteer position that funding under the Block
Grant program had been requested, but was not selected for funding.
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He requested Mayor Horton to address that issue. Mayor Horton
stated it is her understanding that the actual Block Grant
allocation may come in higher than the funds approved by Council.
When the City knows the exact amount of Block Grant funding it will
receive and it is greater than that already addressed, the Block
Grant Committee will be reconvened to make their recommendations to
the City Council and at that time Council may choose to
allocate funds for the Community Resources position. Originally,
that position was under the forerunner of Americorp and that
funding helped with volunteer staffing for the Safe Streets
program. Mr. Farr stated if the City gets additional Block Grant
funds, he hoped that position would be funded; and in the event it
is not funded under Block Grant funds he hoped Mayor Horton could
look to some other source within the 1996 Budget. Mayor Horton
stated through her discussions with the City Treasurer over the
1996 budget, they both believe that 1997 could be a much more
financially challenging year for a myriad of reasons: (1) there is
a movement in Olympia to put a lid on property tax assessment not
to exceed 102% or the inflation rate; (2) with the opening of
Walmart the Wheaton Way corridor may be affected with decreased
revenues. She is being conservative before moving forward with any
expansion of staffing.
Mr. Law stated the City's largest motel has stated they will lease
out 85% of their rooms to the Navy, which means a 77% decrease in
Hotel/Motel Tax income from that one source. The City is not
looking at the funding for Hotel/Motel that we had in the past. He
too is disappointed about the funding level for Main Street and
believed it should have had a larger allocation. One of the
solutions to this problem is for the City of Bremerton to be able
to tax the same as King, Pierce and Snohomish Counties for their
hotels and motels. Hopefully, the City will get the backing of the
VCB to recognize the fact they would benefit from that increased
tax as well. While we want to have the attractions of Kitsap
County and Bremerton advertised there is only so much funding
available. Because the VCB and Chamber Of Commerce have the same
objective, and that funding allocation comes out to $39,000, they
are each taking a share of attracting people to Bremerton. Some
funds have to be spent locally in order to have something here for
people to see once they get here. He hoped the VCB would support
the City if the Council should decide to encourage the Legislature
to give Kitsap County the authority to increase the Hotel/Motel
Tax. Mr. Colvin asked Mr. Law to further explain what he meant
about the City seeing a 77% decrease in Hotel/Motel Tax from one
facility. Mr. Law explained the City's largest motel announced
they are renting out or leasing 85% of their rooms to the military.
Therefore, after 30 days that is no longer a motel type tax income.
#3192
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city Council Reg. Mtg. Minutes
December 6, 1995
Page 13 of 14
Mr. Knauss stated he wished to correct a statement made about his
earlier comment. He referenced the decrease in funding to
Bremerton Main Street, which covered a number of years, in which it
went from $35,000 to $5,000. He did get one of his questions
answered by the Mayor following her comments...the City is taking
a short term loan from the Water Utility and lending it to the
Wastewater Utility to fund the purchase of properties in the
condemnation area.
President Huff-Menees stated the development of the 1996 budget was
a very smooth process overall and she complimented Mayor Horton,
Mr. Hanna, City Treasurer, and staff on a process that was very
smooth and direct. Again this year, the most painful part for her
was the issue of funding the non-profit organizations. The City
Council certainly recognizes the activities they perform within the
community are worth lots more dollars than what is available for
what they all do so very well.
Mr. Overson stated even though it is only $100,000 in a
$68,000,000, over 30% of this years Hotel/motel Tax allocation goes
to museums. He did not think museums provide that much return on
the investment and possibly something could be done to reduce that
investment and give more to the organizations that can provide a
better return. Mayor Horton stated one of the things discussed
during Council's deliberations was to talk to the Naval Museum
about the possibility of relocating on the Missouri, if efforts
were successful in getting it to remain in Bremerton. There was
also discussion that if the Missouri did not come to Bremerton that
the Naval Museum needs to come up with a marketing plan on how they
can attract more visitors, and how they can become a more
competitive museum and to phase in an Admission fee. President
Huff-Menees stated she agrees with Mr. Overson's comments and she
feels the need to look closely and tie results to the decisions
with all of the other agencies, which has not been done for the
Naval Museum. In view of that being the largest funding allocation,
it is only fair that those discussions begin to take place and that
there are some requirements placed on those allocations as well
with respect to results.
M/S/C/U(Law/Farr) to approve ordinance on first reading, with an
amendment to Professional and Management Employee Group to include
the Legislative Assistant and Executive Secretary at Band 13,
approving and adopting the financial budget for the several funds
of the City of Bremerton for the fiscal year 1996, and
appropriating the amounts set forth in each budget to each fund in
accordance with RCW 35.33.075; and repealing Ordinance No.'s 4515,
4400, 4356, 4231, 4160 and BMC 2.50.020(c).
With no further business meeting adjourned at 7:40
TAPE #1343
city Council Reg. Mtg. Minutes
December 6, 1995
Page 14 of 14
KATHLEEN L. McCLUSKEY, City Clerk
SHERRIL HUFF-MENEES, Council President
City of Bremerton
KLM/SH-M/me
cc: Normal Distribution
File/Vault
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT:
MINUTES - DECEMBER 13, 1995
FOR AGENDA OF: 1-10-96
ORIGINATING DEPT: C~ty Co,,nn~]
ORIGINATOR: .qh~rr~] ~4,,~ f--~4~n ~ ~
DATE SUBMITTED: 1-&-96
2. C__~NCES: (comment on back
if necessary)
3. EXHIBITS:
ENDORSEMENT__ INFORMATION
MAYOR
_ APPROVED aY CO~CI~, {~SID?T FO~ SOBMITT~:
CO~CIn P~SID~NT'3/~
4. $IIMMARY STATEMENT kND REQUIREMENT FOR'COUNCI~ ACTION:
8. RECOMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
:NDED
11. AGENDA'~ILL NO:
TAPE #1344
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
DECEMBER 13~ 1995
#0006
#0014
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, December 13, 1995, at 5:30 P.M.,
with Council President Sherril Huff-Menees presiding. Council
members present were Bob Winters, A1 Colvin, Morrie Dawkins, Carlos
Montgomery, John Law, David Farr, Richard, and Lon Overson. Also
present were City Attorney Ian Sievers and City Clerk Kathleen
McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Huff-Menees and Invocation given by Pastor Ron Anderson
of Manette Community Church.
CONSENT A~ENDA
A. Minutes -- November 8, 1995
#AB95-268
M/S/C/U(Neville/Colvin) to approve the Consent Agenda as presented.
CLAIMS/CHECK 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 that
had been made available to the Council.
M/S/C/U(Colvin/Dawkins) on December 13, 1995, the Council does
approve for payment those vouchers included and further described
as follows: 190237 through 190311 in the amount of $546,491.04.
COUNCIL MEMBER REPORTS
Mr. Overson reminded everyone of the activities planned for
downtown Bremerton on December 16. He was also glad to see that
the City made it though the "terrible winds" of 1995, without any
major problems.
Mr. Fart thanked Mr. Brittian of Britt Signs, for picking up some
of the political signs that remained in the area long after the
election. He was happy to report his political signs were picked
up within two days of the election. He was glad that Mr. Neville
and Overson did not suffer any damage from the wind storm and
wished he could say the same. The wind storm knocked down half of
his fence into his neighbors yard and he and others in District #6
were still without power. The wind storm knocked out some of the
traffic lights and while he was driving around the City he observed
people were being very cautious and courteous to one another as
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City Council ~Reg. Mtg. Minutes
December 13, 1995
Page 2 of 13
they travel through intersections.
Mr. Law announced the next District # 3 Neighborhood Meeting will
be held on January 16. He wished everyone a Happy Holiday.
Mr. Montgomery reported as of 3:30 P.M. today his neighborhood was
also without power; however, Puget Power workers were in their area
trying to fix the problem. He hoped those without power were
finding ways to keep warm. He noticed local restaurants were full
earlier this morning.
Mr. Dawkins reported today the Bremerton Central Lions Club hosted
residents from local nursing homes at their luncheon meeting, and
one of the ladies, Mrs. Shine McGowan, who is 99, served as
Bremerton's City Clerk for many years.
Mr. Colvin stated he was amazed how alert and interested the
seniors were during the lunch meeting.
Mr. Winters reported the wind storm blew down his fence, which he
plans to replace with a cyclone fence. He also was impressed by
the courtesy shown by members of the public as they traveled
through intersections that had no functioning signal light. He
commended the Police and Fire personnel for their efforts helping
the public during the storm. He was pleased to report that Billie
Middleton, a Kitsap Lake Resident, expressed her appreciation for
the efforts by Tim Richard, Senior Engineer, Tim Hughes,
Engineering Tech III and Maryellen Babbitt, Engineer Tech III on
the Kitsap Lake Sewer construction project. She especially
appreciated their being so nice during a difficult period of having
their road torn up during construction. He extended his
appreciation to those City staff members as well.
MAYOR'S REPORT
Mayor Lynn Horton reported A1 Duke, Assistant Fire Chief, has
prepared a preliminary report assessing the December 12 wind storm.
She passed out several photographs showing downed trees and power
lines throughout the City. She felt the City was fortunate in that
it seemed the storm went around the City. The strongest winds
report in Bremerton were gusts of 60 miles per hour; however, other
areas experienced well in excess of that and up to 95 miles per
hour. She felt the advance warning the Bremerton area and Kitsap
County received about the storm was very beneficial. When the
storm alert was received,she talked with staff about non-essential
employees having the opportunity to leave their work early by
either taking vacation time or making up the time sometime during
the next few days. The intent was to not have employees driving
home in the storm, so the administrative policy was implemented.
Puget Sound Naval Shipyard allowed for early leave and the
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December 13, 1995
Page 3 of 13
Bremerton School District dismissed schools at noon, which she felt
was a real help. At her Department Head meeting on Tuesday
afternoon they discussed their readiness for the storm and whether
or not to man the Emergency Operations Center. At that point, they
decided not to activate the center, but would keep their options
open. A generator was put in place at the Public Works Complex for
the emergency Operations Center, A1 Duke stood watch at CENCOM
until 2:00 AM and throughout that night he gave her update reports
on the damage around the City and Kitsap County. Each Department
prepared their vehicles, generators and necessary equipment to meet
the emergency and for the most part the City was well prepared.
She felt this was a good opportunity to evaluate the City's
procedures for an emergency and Mr. Duke will include in his report
some suggestions on how to be better prepared in the future.
Fourteen wastewater pump stations were on emergency generators,
with two stations having to be pumped by vactor and two that had
some overflow. There was a temporary loss of commercial power at
the Wastewater Treatment Plant, but there was back up generator
power. A traffic light arm was damaged at Burwell and Callow and
a traffic head was lost at 6th and Warren as well as losing 24 of
the smaller traffic heads. Power was out at Casad Dam and at this
point they were still having some problems reconnecting power. No
water is being used from Casad Dam because of the tribidity of the
water. There have been many power outages throughout Kitsap County
and at present Puget Power reported approximately 45,000 customers
were still without power. Power crews from British Columbia have
come to assist with the restoration and the hardest area hit was
Central Kitsap from Olympic View Drive to Seabeck. The estimated
return of service in that area will be Saturday. Power outages
were experienced in East and West Bremerton and some areas may be
without power for 24 hours. There appears to be three areas with
road closures due to downed trees - Arsenal and Marion, Harlow
Drive and Corbet from 17th to 19th. Kitsap Lake Elementary School
was the only Bremerton school that did not open due to power
outage. There were 36 requests for assistance for downed trees and
power lines and County wide there were reported 17 structures
damaged by falling trees. There were three structure fires, one
being in Bremerton, which was caused by improper handling of a
candle. She urged the public to be more prepared for future storm
events, especially having available a supply of water, extra
flashlights for light rather than using candles and someone to
check on them to make sure they are ok. The City received several
calls from residents complaining the City did not know when power
would be restored. She wanted the public to be aware the best the
City can do is call up the County Emergency Department and try to
interface with Puget Power.
Mayor Horton offered her thanks to Merilynn Erhart, Council
Legislative Assistance, for her willingness to be the City's
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December 13, 1995
Page 4 of 13
coordinator for the United Way Campaign.
PUBLIC RECOGNITION
cecil McConne11 announced the first District #2 Neighborhood
Meeting will be held January 9, 1996, 6:30 P.M., at Fire Station #3
on Olympus Drive.
Domee Dosso, 1563 Marine Drive, reminded everyone of the Festival
of Music in downtown Bremerton on Saturday, December 16, which will
include a Christmas Tree lighting at 4:30 P.M.
?A - PURCHASE OF TRAFFIC COUNTING EQUIPMENT AND SUPPLIESt ~AB95-269
city Council authorized acquisition of traffic counting equipment
in Budget Amendment No. 95-26 approved on August 2, 1995. The
Engineering Division has evaluated similar devices and found the
traffic counters and classifiers manufactured by Nu-Metrics will
best serve the needs of the City· Benefits associated with this
specific device are listed below.
1. Ail movements can be recorded in large intersections.
Installation time reduced, no road tubes needed, safety
for installer is enhanced.
3. Less possibility of being vandalized, as they sit
completely in the center of travel lane.
4. Speed survey capability.
The new traffic counters will provide data for pavement management,
signal timing, traffic studies and neighborhood traffic control.
The funds will allow for purchase of 14 units at a total price of
$13,796.80. The remaining funds will be used to separately
purchase a computer to download and process the data.
Mark Souza, Senior Engineer, stated the Engineering staff
recommends the VMI type equipment and the only manufacturer of VMI
is Nu-Metrics.
Public comment - none
Mr. Dawkins questioned if this type of equipment would wear out and
have to be replaced in the future? Mr. Souza explained the
equipment should not wear out; however the batteries may need to be
changed. Mr. Dawkins asked if the recommended equipment is an
improvement over what the City is currently using? Mr. Souza
stated yes, due to the fact the new equipment can be installed one
lane at a time rather than tieing up both lanes.
#0839
#0879
#0927
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Mr. Overson asked why do we need traffic counters? Mr. Souza
stated they are needed in order to upgrade the signalization,
timing of the lights; and this type of equipment will be used for
speed counts, classify traffic, i.e. different kinds of trucks and
vehicles.
M/S/C/U(Farr/Montgomery) to request that City Council waive the
call for bid requirement and authorize the Mayor to approve
contract with McCain Traffic Supply to provide 6 Hi-Star Model NC-
40 Traffic Counters, and 8 Hi-Star NC-90A Traffic Classifiers and
pertinent equipment as shown on Attachment A as manufactured by Nu-
Metrics.
8A - ORDINANCE NO. 4538 (SECOND READING), AMENDING THE 1995 BUDGET
(BUDGET ADJUSTMENTS ~24, ~25, ~29, ~30, AND ~32 THROUGH ~46),
#AB95-266
Public comment - none.
M/S/C(Montgomery/Colvin) to pass Ordinance No. 4538, on second
reading, amending Ordinance No. 4519 relating to the budget of the
City of Bremerton for Fiscal Year 1995.
Vote on motion:
Motion carried.
In Favor: Law, Montgomery, Dawkins, Colvin,
Overson, Neville, Farr, Huff-Menees
Abstain: Winters
8B - ORDINANCE NO. 4539 (SECOND READING) ADOPTING THE 1996 BUDGET
AND REPEALING ORDINANCE NO.~S 4515, 4400, 4356, AND 4231t ~AB95-267
Rich Hanna, City Treasurer, stated the budget has been amended
following first reading to make the adjustment that was included in
the motion to approve the Budget Ordinance on first reading.
Secondly, in a Study Session immediately prior to this meeting the
issue of removing the position of Payroll Specialist from the
Management and Professional group into the Teamsters represented
group, was discussed and agreed to.
Public comment - none.
M/S/C/U(Montgomery/Dawkins) to pass Ordinance No. 4539, on second
reading, as amended, approving and adopting the financial budget
for the several funds of the City of Bremerton for the fiscal year
1996, and appropriating the amounts set forth in each budget to
each fund in accordance with RCW 35.33.075; and repealing Ordinance
No.'s 4515, 4400, 4356, 4231, 4160 and BMC 2.50.020(c).
Vote on Motion:
In Favor: Montgomery, Dawkins, Colvin, Overson,
Neville, Farr, Law, Huff-Menees
Abstain: Winters
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City Council 'Reg. Mtg. Minutes
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Page 6 of 13
Motion carried.
9A - PUBLIC HEARING ON APPEAL OF PLANNING COMMISSIONtS DECISION TO
UPHOLD THE DENIAL OF A SPECIAL EXCEPTION APPLICATION; APPELLANT:
TODD & TERESA TENNYSONt ~AB95-270
The appellant's application is for front and side-yard setback
reductions for two retaining walls on the subject property. At the
Planning Commission hearing of August 15, 1995, the application was
denied. BMC 21.02.930 (2b) designates the City Council as the
hearing body for appeals of Planning Commission decisions.
When hearing an appeal, the City Council may take any of the
following actions:
UPHOLD the Planning Commission's decision, DENYING the Special
Exception;
OVERTURN the decision, APPROVING the Special Exception. (The
City Council must make specific findings and conclusions for
approval);
MODIFY the decision by adding or deleting conditions;
REMAND the decision to the Planning Commission for further
review of circumstances or impacts identified by the Council.
(The Council should include specific issues to be considered).
President Huff-Menees asked the "Appearance Of Fairness/Conflict Of
Interest" question. Mr. Montqomer¥ asked to step down due to his
being involved in discussions and recommendations to the Tennysons
on this issue. President Huff-Menees announced all remaining
Council members would be seated.
Shane Jensen, Planner, provided a view graph showing the location
of the subject property - on the east side of Marine Drive, which
is a "flag lot". The exceptions being requested are for portions
of retaining walls to be within the front yard setback and the side
yard setback.
Flag Lot setback issues - typically on most lots, the front yard
setback is noted where the property has frontage on some type of
street (public, private, or easement, private right-of-way or an
extension of a driveway) that goes on the person's own lot out to
the street. To be as close to that definition of a front yard as
possible, they take a radius from wherever a street is located.
Typically, Council will not see this type of application because
these type of setback issues are handled through a "Special
Exception" and normally handled administratively or through a
Planning Commission hearing. Administrative processing requires
the adjoining property owners affected provide the City with a
statement that they have no objection with a proposed setback
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Page 7 of 13
issue. If the request is reasonable and there are no life safety
issues or great nuisance problems and the most affected people give
their concurrence, administratively they have a tendency to look
upon that favorable. In this case, the applicants were not able to
obtain the adjoining property owners' signatures until just
recently, which he provided to Council just prior to this meeting,
to support this Special Exception. However, his report this
evening is the Planning Commission's findings. The Commission found
that the applicant's request did not meet three criteria: (C) if
the Exception will be applied in a manner that does not result in
any health or public safety issues (staff had questions on those
issues and asked that an Engineer inspect the retaining walls and
provide a letter stating they meet the intent of the design. He
noted that is new information and was not heard at the Planning
Commission hearing as well as the letter that was submitted
earlier. Criteria (E) talks about the proposal being compatible
with surrounding areas and with developments already permitted
under the General Provisions of the Zoning Ordinance. The original
staff finding was there are similar retaining walls in the Marine
Drive area. The Commission found that was not the case. Criteria
(F), possibly the most pivotal criteria regarding special
circumstances warrant this Exception and must be proved by the
applicant. The applicant submitted a list of special circumstances
and the Planning Commission did not agree with those reasons.
Based on this, the Planning Commission recommended denial of the
application. Mr. Neville referenced the first item under SIDE
Wall, on page 66 of the Agenda Packet (Misunderstanding of setback
and permit requirements - though wall could be placed near property
line.), and asked if this was miss information given to the
Tennysons by staff. Mr. Jensen stated the Tennysons claim there
was misinformation either by staff or misunderstanding from them as
to the City's setback requirements. Mr. Neville stated he thought
plans were reviewed at the Permit Center in order to answer all
kinds ofquestions and prevent misinformation or misunderstandings.
Mr. Jensen explained the retaining walls were put in prior to
Planning staff's review of the plan. The City did an enforcement
action on the site and to rectify that problem the Tennysons
submitted engineering plans for the wall in order to prove they
were installed correctly.
Steve Dickson, Attorney representing Todd and Teresa Tennyson,
explained there have been some significant changes in circumstances
since this issue was heard by the Planning Commission. It was
clear from the Planning Commission Hearing record that one of the
foremost objections of the participants was that the wall had some
characteristics that led some of the neighbors to believe it might
not have been structurally sound. While the Tennyson's disagreed
with that, they did admit the wall had never been engineered. As
Mr. Jensen pointed out, since that hearing the wall has been
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Page 8 of 13
engineered and the Engineer has stamped a set of plans and written
to the City informing the planning staff that the wall does meet
the intent of the plans; and the wall has been properly permitted
at this point in time. Mr. Law called for a point of order and
asked if he understood correctly that Council could only hear what
was heard by the Planning Commission? Ian Sievers, City Attorney,
stated yes, according to Council's procedures only exhibits,
drawings, pictures, etc., presented to the Planning Commission are
to be presented to Council. It appears that the applicant wishes
to change part of that testimony at this time. If that new
testimony is relevant to the decision, Council can either go
forward or it can be remanded back to the Planning Commission to
hear that different testimony. As far as the argument of the
parties or testimony from the public, we have not tried to control
that because we don't have an exact record of those things. Mr.
Di~kson stated what he understood Mr. Sievers to say was Council
does not have to accept new evidence and if they want to, in light
of new evidence, they have the options to remanding back to the
Planning Commission for further proceedings, or in the interest of
expediency Council could determine the matter denoble and save the
applicant one level of hearings. He urged Council to either
consider it denoble and grant the Special Except in the interest of
expediency or in the least remand it back to the Planning
Commission so that the applicant can show the change of
circumstance. Mr. Sievers added there is an element of good cause
for a later presentation, which is similar to what is done in
Court, if the parties were working on an agreement, but unable to
conclude the agreement for the Planning Commission. Mr. Dickson
stated one change of circumstance they would ask Council to
exercise their discretion is the fact there is no question about
the structural integrity of the retaining walls. The second major
change of circumstance is that at the time the matter originally
came before the Planning Commission the two neighbors,who were
involved on either side of the retaining walls, were definitely
against the granting of the Special Exception. The Tennysons,
Bushnells and Williams were involved in some other legal disputes
at the time, which resulted in some litigation that was pending
over some fairly minor matters, but their attorney and he met at
length on this date and entered into a written agreement that
settled all the disputes between the three parties. At the current
time, the Bushnells and Williams have dispatched their attorney to
speak to Council at this hearing stating they no longer have any
objections to the granting of the Special Exception. In fact, they
are affirmatively asking that the Special Exception be granted in
order that they can settle their neighborhood dispute. He
emphasized there are no other neighbors to the Tennysons that would
be affected by the setback requirements.
The granting of the Special Exception would not violate the intent
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Page 9 of 13
of the Setback Ordinances or any of the policy reasons behind the
Setback Ordinances. The Front Setback Ordinances, for instances,
are generally set so there is a minimum of distance between
structures and the street. The subject lot is not a typical lot,
so it already sets well back from the street. The purposes of
setback are to provide for an open neighborhood appearance. The
record shows that open neighborhood appearance continues, there is
plenty of room for trees and landscaping on either side of the
retaining walls. In fact, the Williams and Bushnells have already
done a nice job of landscaping around the retaining wall. One
reason for setback requirements is to provide for visibility and
what the flat map does not show is that the property slopes gently
from a high point to a low point and there is no point where there
is a loss of visibility from one end of the lot to the other due to
the height of the retaining wall. He also pointed out this area of
is comprised of small cul-de-sacs on either side of Marine Drive.
He believed it was arguable that with respect to the front setback
requirement that the front retaining wall is not violating the
existing code. Section 60(c) (e) of the Ordinance says that free
standing walls do not violate front yard setback requirements. Mr.
Pratt and he discussed that point and Mr. Pratt disagrees with his
interpretation, but he did acknowledge that it is ambiguous in this
sense and maybe even conflict. He saw no reason from a health
standpoint or policy standpoint in the Planning Staff
recommendation that would seriously prohibit the City Council, in
light of changed circumstances, from granting this Special
Exception.
David West, Attorney representing the Williams and Bushnells,
stated he was asked by his clients to give Council their input. At
the time this issue came before the Planning Commission there were
various disputes among these parties and a lot of them involving
their real estate. It was attempted to settle all of the disputes
between the parties before this issue came before the Planning
Commission, but they were unable to achieve that goal. However, he
and Mr. Dickson have been working very diligently trying to resolve
all of the differences among the parties without resorting to
litigation. He was pleased to report they arrived at such an
agreement earlier today. His clients would very much like to
resolve all of their differences with the Tennysons without any
need for litigation and the agreement made is conditioned on the
Tennysons being granted a Special Exception for their rock walls.
Mr. Dickson stated he was not present at the Planning Commission
hearing, but Mr. West was and he heard all of the testimony,
discussion and the voting and he could state his firm opinion that
the decision would have been different had the neighbors not
objected to the Special Exception being granted. One of his
client's main concern was for safety and at that time the walls had
not been examined by an engineer, now they have. In summary, he
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Page 10 of 13
asked Council not to say "no" tonight. If they do not feel
comfortable in over ruling the decision of the Planning Commission,
then he urged them to remand the issue back to them and have them
look at it with the new evidence and possibly letting them remand
it back to Mr. Pratt, if he feels it is appropriate for an
Administrative determination.
Mr. Colvin asked if there was any possibility that the City could
be involved in a lawsuit if Council approved the Special Exception?
Mr. Sievers stated no, the decision having to do with land use is
in this case quasi-judicial because it affects a single party. The
safety issues are not really involved since the walls would be
permitted and he assumes they have been engineered and approved by
the Building Department, which is were the liability may come from.
The aesthetics is the issue to be dealt with on this decision.
Kathleen McCluske¥, City Clerk, read into the record a letter dated
December 13, 1995: "Dear Madam Chairman and City Council Members,
Since the Planning Commission meeting the Tennyson's engineer has
guaranteed the safety of the walls, therefore we have signed the
Special Exception. In addition, all of the neighbors involved in
various disputes have reached an agreement that at the Tennyson's
request it is contingent upon approval of the Special Exception by
the city Council; therefore, to end the neighborhood conflict we
respectfully ask that you approve the Special Exception. Sincerely,
Mr. & Mrs. John Bushnell and Mr. & Mrs. Thomas Williams."
Mr. Overson stated the Planning Commission identified three points
to deny the Special Exception and he believed Council should remand
the issue back to them to see if the new information would settle
their concerns.
Mr. Fart stated he had a question for Mr. Pratt... with the
agreement of the two parties most affected over placement of the
retaining walls and with the engineering aspects completed on the
structures themselves, if this were to come to him today for a
Zoning Exception could he approve it administratively? Don Pratt,
Director Of Community Development, stated yes, and just for
clarification their role this evening is to represent the Planning
Commission's decision, but the documentation provided included
staff's recommendation for approval, which the Planning Commission
did not agree with. This is very similar to the application they
saw, except for the neighbor's agreement and is similar to others
they have approved. Mr. Fart stated he appreciated the comments
regarding the ambiguousness of the zoning requirements for
retaining walls and setback areas and he is hopeful that someday
that ambiguity can be corrected. Mr. Pratt stated that change
along with other changes, including recycling centers, will be
addressed in the proposed new Zoning Code that is being developed.
#2183
#2254
TAPE #1344
City Council 'Reg. Mtg. Minutes
December 13, 1995
Page 11 of 13
Mr. Fart stated this is one of the rare occasions he disagrees with
Mr. Overson on his belief that it should be remanded back to the
Planning Commission. He believes the taxpayers would get a better
break if Council moved forward and approved the Special Exception.
Mr. Law acknowledged the letter signed by the Williams and
Bushnells; however, there are three other letters from a Mr.
Holland, Mr. Rackley and Mr. Waldorf, who have not said they
rescind their objection. He supports the proposal to give the
Planning Commission the respect of having them get the same
information Council has been given, which was not presented to
them.
Mr. Dawkins stated he supported Council moving forward and making
the decision at this time based on the information presented.
Mr. Colvin agreed with Mr. Dawkins that it could save the City
money by Council approving the Special Exception.
Mr. Law pointed out there should not be any additional expense to
the City and Council will be showing respect to the Planning
Commission, if they approve it. If the Planning Commission does
not approve it, then they in their study, expertise and knowledge
would have found a reason not to approve it.
President Huff-Menees asked if there would be additional staff time
required if the issue was remanded back to the Commission? Mr.
Pratt explained there would be a public hearing and public notice
would be given again. Public notice was given to everyone about
this hearing as well; therefore there would be replication of that
cost.
Mr. Overson explained the reasoning why Council has set a policy
that requires that they be presented the same information as the
Planning Commission.
M/S/F(Overson/Law) that the City Council remand this item back to
the Planning Commission for proper dispensation.
Vote On Motion:
Motion failed.
In Favor:
Opposed:
Winters, Overson, Neville, Law
Dawkins, Colvin, Farr, Huff-Menees
M/S/F(Farr/Dawkins) the City Council respectfully over turns the
Findings Of Fact and Conclusions by the Planning Commission and
award this Special Exception.
Mr. Pratt explained a "no" action by Council leaves the Planning
Commission's decision in tact, which was to deny.
#2779
TAPE #1344
City Council Reg. Mtg. Minutes
December 13, 1995
Page 12 of 13
Vote on Motion:
Motion failed.
In Favor:
Opposed:
Colvin, Farr, Dawkins, Huff-Menees
Winters, Overson, Neville, Law
Mr. Colvin stated he believed Council needed to come up with a
recommendation that they could support.
Mr. Neville stated it seemed to him Council was in question over
the Engineer report as to the retaining walls. Council has not
seen any documentation that the retaining walls are sound. He
could not vote on hearsay and that is one of the reasons why he
felt it should be remanded back to the Planning Commission.
Mr. Pratt stated he had in his possession the Engineering document
in which the Engineer takes full liability for the design, as
required by the City, to make it legal. Mr. Neville asked if the
Planning Commission had seen that document? Mr. Pratt stated no,
and the reason it was not provided to Council was whether or not it
met the Building Code was not legal criteria for approving a land
use issue, it happens in a different code. The rock walls were
constructed according to the Building Code and the City is in
possession of that certification, but it was not available to the
Planning Commission. He was willing to share that information with
Council; however from a very technical and legal standpoint it was
not part of the record under which any decisions were made and
cannot be considered part of the record.
Mr. Colvin asked if Council approved remanding the issue back to
the Planning Commission, would it have to come back to Council?
Mr. Pratt stated no, only if the issue was appealed. The next
available Planning Commission meeting would be January 16 and the
only way it can get to the Commission is by an affirmative vote by
this Council.
President Huff-Menees recommended to Council that since they are
seeing documentation that the Planning Commission did not see, that
the appropriate action at this time would be to remand the issue
back to the Planning Commission.
M/S/C(Overson/Neville) to remand this item back to the Planning
Commission for proper dispensation.
Vote on motion:
Motion carried.
In Favor:
Opposed:
Winters, Overson, Neville, Farr,
Law, Huff-Menees
Dawkins, Colvin
With no further business meeting adjourned at 6:48 P.M.
TAPE #1344
City Council 'Reg. Mtg. Minutes
December 13, 1995
Page 13 of 13
KATHLEEN L. McCLUSKEY, City Clerk
SHERRIL HUFF-MENEES, Council President
city of Bremerton
KLM/SH-M/me
cc: Normal Distribution
File/Vault
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: January 10, 1996
WARREN AVENUE BASIN CSO REDUCTION ORIGINATING DEPT: Public Works & U~ils
PROJECT CHANGE ORDER #4 ORIGINATOR: Randy Witt~~
December 29, ~995--
- DATE SUBMITTED:
2. ~~(Comment on back 3. EXHIBITS:
//~'~u--~~ necessary) ~ --
~-.~ ~__._ Change Order #4
P~_~s & Ut~i-t-I~ e s D i re c t or
City Treasu~
Council F-i~cal & Budget Committee
Committee reviewed item on 1-3-96
Operations Committee
ENDORSEMENT ~ INFORMATION []
APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Change Order %4 includes extra work items, and an increase in the asphalt concrete
pavement and reconnect existing side sewer items. The cost for extra work is
$84,194.69. A summary of the extra work is attached to the change order. The
increased cost in asphalt concrete pavement is $173,125.00. This increase is a
result of an error in the amount included in the bid proposal. The increased
quantity of side sewer reconnection could not be anticipated and resulted in a
cost increase of $28,900. The total cost of Change Order %4 is $286,219.69. This
would increase the total contract amount to $3,588,041.72. This amount is within
the project budget.
5. RECOMMENDATION:
The City Council approve Change Order #4 to the Warren Avenue Basin CSO Reduction
Project Contract and authorized the Mayor to execute the same subject to City
Administrative Policies and Procedures.
PULLED [ ] TABLED [ ]
COUNCIL DIRECTIVE:
RESPONSIBLE OFFICIAL: Director Pub Wks & Util
ENFORCEMENT OFFICIAL: Director Pub Wks & Util
10.
APPROVED []
EXPIRATION DATE:
REVIEW DATE:
NOTICE OF ACTION
DISAPPROVED [] AMENDED []
11. AGENDA BILL NO.:
7A
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation
5. IMPACT ON NON-PASSAGE:
Final payment to the Contractor for this would not be made.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES:
Staffing:
No Impact
Budget:
Expenditure of $ from the Wastewater Utilities Capital
Construction Fund. Iq~.
Facilities/Equipment:
No Impact
7. RESEARCH SOURCES:
CHANGE ORDER No. 4
WARREN AVENUE BASIN C.S.O.
Page 1 of 2
DESCRIPTION OF WORK:
This Change Order includes the following:
1. Adjust the unit for Bid Item 40 (Asphalt Concrete Paving, Class B) from $12.50 per square yard
to $72.00 per ton and increase the total quantity to 2,500 tons.
2. Charges for additional work invoiced to date, as detailed in Attachment A.
3. Increase the quantity of work to be performed under Bid Item 86 .(Reconnect Existing Side
Sewer) from 40 Ea. to 108 Ea. The unit price for this item ($425.00 Ea.) shall remain unchanged.
IMPACTS TO CONTRACT
Cost:
The total cost of Item 1 is:
The total cost of Item 2 is:
The total cost of Item 3 is:
The total cost impact to the Contract is:
$173,125.00
84,194.69
28,900.00
$286,219.69
Time: There shall be no change in the Time for Completion of the Contract.
CHANGE ORDER No. 4
WARREN AVENUE BASIN C.S.O.
Page 2 of 2
This document shall become an amendment to the Contract and all provisions shall apply
hereto.
Pape & Sons Construction, Inc.
By:
Title:
Date:
City of Bremerton
By: Date:
Project Manager
By: Date:
City Engineer
Authorized for City of Bremerton this~
day of .,1995.
By:
Mayor
Attest:
City Clerk
ATTACHMENT A
~CHANGE ORDER No. 4 - ADDITIONAL WORK SUMMARY
WARREN AVENUE BASIN C.S.O. - V42'13106
CONTRACTOR: PAPE & SONS CONSTRUCTION, INC.
Date: 12/29/95
Page 1 of 2
IITEM I
NO I
DESCRIPTION
WORK
DATE
Highland Avenue - Standby & removal of contaminated soil
9thNVarren - Remove excess concrete for connection to manhole
Excavate water main for service line repair by City
Grade Park Ave. - Gas MainNVater Main
Grade Park Ave.
10th & Chester- Fill void under concrete, repair 8-inch sanitary seWer
Grade Park Avenue
Install Temporary Outfall
Re-plumb Pump Station CE-5
Repair force main
Grade Park Avenue
Replace hooded casting with standard frame and grate
Replace frame & grate on existing manhole (existing slab into concrete roadway)
13th & Park - Standby to resolve grade conflict
Grade Park Avenue
17th - Change storm drain matedal from HDPE to ductile iron
Reconnect 8" sanitary sewer in conflict with 42" storm drain
11th & Park - Install 8" drop connection in manhole
Load & haul contaminated material to Kitsap County Sanitary Landfill
Grade Park Avenue
Grade Park Avenue
Standby while existing side sewer cleaned out
13th & Warren - expose, backfill exist, telephone duct bank
Grade Park Avenue
8th - St. Connect 6" sanitary sewer through 42" storm drain (grade conflict)
8th & Warren - Standby for 16" water main shutdown
8th & Warren - re-excavate 16" water main
8th Street - Connect 6" side sewer through 42" storm drain (grade conflict)
8th & Warren - install repair bands on 16" water main
8th & Warren - standby for 16" watermain shutdown
8th & Warren -.Complete temp. bypass on 27" storm drain
Standby for broken water service
8th & Warren - Re-mobilize to Lay 42" storm drain (After 16" W.M. Conflict)
13th & Broadway - remove curb/sidewalk on 13th
12th & McKenzie - Raise invert of 15" storm drain to clear san. sewer at MH 12D-3
1/19/95
1/24195
1/27/95
1/31/95
2/22/95
2/23/95
3/22/95
3/13/95
3/14/95
3/14/95
3/16/95
3/23/95
3/25/95
3/27/95
3/28/95
4/10/95
4/3/95
4/4/95
4/10/95
4/10/95
4/11/95
4/18/95
4/18/95
4/20/95
4/27/95
5/2/95
5/2/95
4/24/95
5/3/95
5/3/95
5/10/95
5/15/95
5/23/95
5/25/95
5/31/95
TOTAL
COST
$2,028.35
817.92
114.13
222.21
172.67
1,569.84
79.31
4,899.82
999.74
2,438.48
151.40
53.60
1,189.88
259.52
75.69
2,007.85
1,448.52
2,433.87
3,820.15
164.02
79.05
99.21
1,441.89
84.86
906.36
818.89
925.79
1,123.78
7,383.08
586.56
264.50
287.89
394.68
293.91
50.01
ATTACHMENT A
CHANGE ORDER No. 4 - ADDITIONAL WORK SUMMARY
WARREN AVENUE BASIN C.S.O. - V4213106
CONTRACTOR: PAPE & SONS CONSTRUCTION, INC.
Date: 12/29/95
Page 2 of 2
IITEM I
NO I
DESCRIPTION
Manhole HD-2 Stand by for repair of unmarked water service
Manhole HD-2 Connect to new 8" SD
Excavate unmarked water service for repair by City
Haul asbestos-contaminated soil to Kitsap County Sanitary Landfill
Remove temporary Outfall Structure
Make temporary connection to 27" storm drain (for 16" water main conflict)
Excavate & backfill for 15" storm drain
Haul asbestos contaminated soil to Kitsap County Sanitary Landfill
Stand by for repair of unmarked water service (8D-5 to 8D-6)
Park Ave & 17th Re-set 48" storm drain manhole
Additional work to complete permanent strorm drain outfall (Pape)
!A.H. Powers' additional cost for outfall construction
Repair unlocated water service (1610 Park Ave.)
Install 54-inch manhole in lieu of 48-inch (mat'l cost increase)
Install 4-inch force main connection at Manhole P-4
1216 Park Ave. - Additional excavation for side sewer
12th St. Park to Mckenzie - Replace 8-inch water main
Park Ave. 12th to 13th: Additional Excavation for side sewers
Demolish/Remove City Quonset Hut
WORK
DATE
6/5/95
6/5/95
6/6/95
6/12/95
6/21/95
5/9/95
5/25/95
TOTAL
COST
143.45
124.57
443.06
1,233.50
1,432.88
1,237.87
2,019.61
6/1 2/95
6/14/95
4/18/95
8/11/95
Jun.-95
7/1/95
5/20/95
7/27/95
9/8/95
Sept. - 95
9/19/95
12/10/95
1,523.08
287.54
757.63
5,693.06
9,856.90
303.83
610.70
469.53
1,679.18
8,933.38
325.61
7,431.88
FORCE ACCOUNT TOTAL: $84,194.69
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: January 10, 1996
~UBLIC HEARING: TO consider a ComprehensiveORIGINATING DEPT: DCD/Planning
Plan Map correction to add an "Industrial ORIGINATOR: Ron W. Hough
Park" designation to lands in the DATE SUBMIT/ED: December 29, 199
vicinity of Penderqast Park in W. Bremerton..- and ..... :. ~ _~..~
2. CLEARANCES: (Use backi~i~
City At torn ey ~-r~--_/~/~//~
Dept. of Comm. Dev: ~
Pub. Works & Util: f
Operations Committee: ~ ~\
ENOORSEMENT___X I N FOR' ~A~"~
sau) 3. EXHIBITS:
~/ · Staff Report
~ ~ · Resolution
~.---~® Planning Commission Minutes
DN v APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
COUNCIL PRESIDENTs ~,~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
A 1990 Rezone for 236 acres of Pope Resources property included a combination of
zones to be integrated into a Planned Unit Development (PUD). Ten percent of the
area was to be "Industrial Park". The exact location would be determined later as
the master plan was developed. The City's new Comprehensive Plan did not show the
industrial designation. That oversight caused an inconsistency between the Plan and
Zoning Maps. The proposed correction will designate approximately 25 acres "Industri~
Park (IP)" as originally intended.
8. RECOMMENDATION:
The Bremerton Planning Commission conducted a public hearing on this matter and
recommends City Council approval.
MOTION: I0 APPROVE ORDINANCE
FIRST READING CORRECTING A
MAPPING ERROR ON'THE
COMPREHENSIVE PLAN.
ON
9. RESPONSIBLE OFFICIAL: Donald L. Pratt
ENFORCEMENT OFFICIAL: N/A
EXPIRATION DATE: N/A
REVIEW DATE: N/A
10. NOTICE OF ACTION:
PULLED TABLED
COUNCIL DIRECTIVE:
APPROVED
DISAPPROVED
DATE:
AMENDED
11. AGENDA BILL NO:
8A
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
This is a "correction of error" proposal to make the Comprehensive Plan and
Zoning Maps consistent with each other. Non-passage will continue the
inconsistency problem and may weaken the effect of the zoning on the Pope property.
Pope Resources is developing a master plan for this property and needs the City's
assurrance that the Plan and Zoning both include the industrial component.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
No anticipated impacts in these areas.
7. RESEARCH SOURCES:
N/A
Pope Resources
A Limited Partnership
19245 Tenth Avenue Northeast
RO. Box 1780
Poulsbo, Washington 98370-0239
(360) 697-6626
(360) 697-1156 FAX
January 10, 1996
Honorable City Council
Bremerton City Hall
239 Fourth Street
Bremerton WA 98310
Re: Comprehensive Plan Correction - West Hills
Dear Council Members:
In 1991, Pope Resources assisted the City in gaining control of all land uses
within its Bremerton watershed in order to assure long-term domestic water
quality. In exchange for property we owned in the watershed, we acquired a tract
of City-owned land west of Loxie Egans interchange adjoining the new Pendergast
Park. Since that trade, the subject p,a~_cel has been designated and zoned for a
combination of residential and industrial uses. For several years, we have worked
with City staff to install, at our expense, corresponding infrastructure and to
attract prospective users for the site.
However, during deliberations on your new GMA Comprehensive Plan in the
Spring of 1995, the longstanding land use designations were, we believe,
inadvertently modified. We respectfully request that you concur with the Planning
Commission and correct the City's Comprehensive Plan after f'mding such action
to be consistent with the goals and requirements of the Growth Management Act
and regulations.
David Cunningham
Vice President, Land Use
ph
C:
Donald Pratt, Director of Community Development
Ron Hough, Planning Manager
ORDINANCE NO.
AN ORDINANCE OF THE BREMERTON CITY COUNCIL
CORRECTING A MAPPING ERROR ON THE
COMPREHENSIVE PLAN
WI~EREAS, the City of Bremerton adopted a revised Comprehensive Plan on April 5,
1995, in compliance with the Growth Management Act of 1990; and
WHEREAS, a minor mapping error was discovered in an area of West Bremerton south
of Pendergast Regional Park, which overlooked a Plan and Zoning designation approved in 1990
for an "industrial park" site; and
WHEREAS, this mapping error has resulted in an inconsistency between the City's
Comprehensive Plan and Zoning Maps; and
WHEREAS, the Bremerton Planning Commission reviewed a staff proposal to correct
this error and, following a public hearing on July 18, 1995, recommended that the Comprehensive
Plan Map be corrected to designate the subject site "IP, Industrial Park"; and
WHEREAS, the Bremerton City Council conducted a public hearing on January 10,
1996, to accept additional public testimony and to consider the recommendation of the Planning
Commission; now therefore
THE CITY OF BREMERTON DOES HEREBY ORDAIN that the West Bremerton
Land Use Plan map, contained in the Land Use Element of the Comprehensive Plan, be amended
to add the "IP, Industrial Park" site, as delineated in attached Exhibit "A'.
APPROVED by the City Council of the City of Bremerton this
,1996.
day of
PASSED by the City Council of the City of Bremerton this
,, 1996.
day of
SHERRII, HUFF-MENEES
City Council President
APPROVED this
day of
.,1996.
ATTEST:
LYNN S. HORTON, Mayor
KATHLEEN McCLUSKEY
City Clerk
Published:
Effective:
BREMERTON pLANNING COMMISSION
DRAFT MINUTES
JULY 18. 1995
REGULAR MEETING
MEMBERS PRESENT:
MEMBERS ABSENT:
Commissioners Olsen, Boyd,
Robinson, Hancock, and Dingfield
Jackson, Goetze (Note: Goetze
later and noted in the minutes)
Stone,
arrived
Vice-Chairman Olsen called the meeting to order at 6:05 p.m.
The roll was called and a quorum was present.
Please note: Complete notes destroyed due to equipment failure.
Verbatim tapes available at the City of Bremerton's
Community Development office located at 286 4th
Street.
Chairman Goetze arrived at 6:17 p.m. and Commissioner 01sen turned
the Chair over to him.
PUBLIC HEARINGS:
1. LES FOWLER, Denial of Short Plat to create three lots.
City Staff, Shane Jensen gave the staff report.
Written and oral testimony was presented by the applicant,
adjoining property owners and City staff.
A motion was made by Commissioner Robinson to uphold the
Director's denial of the short plat. Seconded by Commissioner
Olsen.
Unanimous vote in support of the motion.
2. WEST HILLS/POPERESOURCES: Comprehensive Plan Correction
City Staff, Ron Hough. gave the staff report.
Oral testimony was presented by David Cunningham, Pope
Resources.
Draft #1
August 7, 1995
P.C. Minutes
July 18, 1995
Commissioner Stone made a motion to recommend City Council
approval of a Comprehensive Plan Amendment. The motion was
seconded by Commissioner Olsen.
Unanimous vote in support of the motion.
FPH MANAGEMENT CONSTRUCTION, INC.:
Amendment and Rezone
Comprehensive Plan
Shane Jensen, City Staff, qave the staff report.
Oral and written testimony was presented bythe applicant and
adjoininq neighbors.
Commissioner Stone made a motion to recommend City Council
approval of a Comprehensive Plan Amendment, and also to
recommend a rezoning of the subject property from "GB" to
"MF". The motion was seconded by Commissioner Hancock.
Unanimous vote in support of the motion.
4. APPEAL of WILLIAM SESKO for a Cease and Desist Order
issued May 16, 1995.
Shane Jensen, city Staff, introduced the issue.
Oral and written testimony was presented by the appellant.
Commissioner Stone made a motion to uphold the City's Cease
and Desist Order on the Sesko property. The motion was
seconded by Commissioner Hancock.
Unanimous vote in support of the motion.
Chairman Goetze continued the meeting at 11:15 p.m. The meeting
will be reconvened at August 1, 1995, at 4:00 p.m. at City Council
Chambers.
August 1, 1995 - Continuation of July 18, 1995 regular meeting:
Vice-Chairman Olsen opened the meeting at 4:06 p.m..
MEMBERS PRESENT: Commissioners Boyd, Stone, Robinson,
Hancock and Jackson.
Draft #1
August 7, 1995
Exhibit "A"
LEGAL DESCRIPTION
Area to he designated "IP";
The W ½ of the SW 1/4 of Section 21, Township 24 North, Range 1 East, W.M.
The N ½ of the NW 1/4 together with that portion of the NW 1/4 of the NE 1/4 lying
west of Third Street and situated in Section 28, Township 24 North, Range I East, W.M.
The N 3/4 of the SE 1/4 of the NE 1/4 of the NE 1/4; the NE 1/4 of the NE 1/4 of the NE
1/4; the W ½ of the NE 1/4 of Section 29, Township 24 North, Range I East, W.M.
LOCATION MAP
Kitsap
La~e
OS
C-P
MDR __ C.G~-
West
Park
PW
I_DR
-- LDR
IP
Wemer Rd.
i
LDR
P
IP