HomeMy WebLinkAbout12/17/97TAPE #1510
CITY COUClL MEETING MINUTES
DECEMBER 17, 1997
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 10 1997, at 5:30 P.M., with Council President David Farr
presiding. Council members present were Carlos Montgomery, Sherril Huff-
Menees, Richard Neville, Lon Overson, John Law, Cecil McConnell, and Al
Colvin. Aisc present were Assistant City Attorney Glenna Malanca and Deputy
City Clerk Paula Johnston.
The meeting opened with the Pledge of Allegiance led by Council President Farr
and invocation given by Carl Johnson of Peninsula Bible Fellowship.
President Farr made the following announcements:
1. Council held a Study Session to discuss general business immediately prior
to the Council meeting.
2. Following the pre-Council Study Session, Council held an Executive Session
To discuss "personnel" issues.
3. The Executive Session scheduled immediately following the Council meeting
To discuss "Contract Negotiations" was canceled.
CONSENT AGENDA
A. Minutes of Meeting - December 3, 1997 #AB97-262
#0021 MISIC/U (Neville/Montgomery) Motion 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.
#0041 MISICIU (Colvin/Montgomery) On December 17, 1997, the Council does
approve for payment those vouchers included and further described as follows:
215245, 215270 through 215445 in the amount of $210,437.69.
COUNCIL MEMBER REPORTS
Mr. Colvin thanked everyone who honored him at the December 4th District #1
meeting. He was overwhelmed with that recognition and hopes that he merits all
of the compliments he received.
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Mr. Law announced the next District #3 Neighborhood Meeting will be held
January 20, 1997, 7:00 P.M., at the Senior Center.
Mr. Overson stated he wanted to recognize the contributions by the Swing City
Committee, which is a volunteer group that works on downtown activities.
Besides sponsoring a weekend event, they sponsored a Giving Tree for needy
children and as a result have provided 28 children with gifts.
Mr. Neville extended a special "thank you" to the Swing City Committee for all
their work within the community.
Mrs. Huff-Menees thanked Mayor Horton and Randy Witt, City Engineer, and
Lynn Price, Traffic Engineer, for their participation at the Districts #6, #7 and #8
Neighborhood Meeting on December 16. That meeting was well attended and
those citizens were apart of reaching some solutions on some of the questions
regarding street closures. She thanked everyone for attending that meeting and
hoped they would support future District meetings.
Mr. Montgomery stated the joint Council District Neighborhood meeting was
excellent and the next step will be to take the street issues before the Traffic
Safety Committee. He received a packet of information on studying SR16 in
which 14 citizens of Kitsap County were called in and paid $40.00 for a one-day
session to discuss issues relating to SR-16. Attendance at that meeting included
12 from the City of Tacoma, who supported building a second bridge with a toll
charge included. The 14 members from Kitsap County were more interested in
getting better ferry service and would be willing to pay a higher ferry rate. Mr.
Montgomery stressed that group does not represent the majority of Kitsap
County and announced a meeting on this issue will be held early in 1998. He
welcomes comments from the public on this issue.
Mr. Farr apologized to District #6 residents that he was unable to attend the joint
District Neighborhood meeting. He thanked Council members Sherril Huff-
Menees and Carlos Montgomery for covering that meeting for him.
MAYOR'S REPORT
Mayor Lynn Horton extended her congratulations to the Bremerton High School
Senior Class for their outstanding showings in the SAT Test. Compared to the
national trend, which has been declining, the Bremerton Seniors' score went up.
40% of the graduating Senior class took the SAT test indicating they are
seriously considering going on to college and seek financial aid.
Mayor Horton introduced Dennis Rainey, President of the Bremerton Central
Lions Club. Mr. Rainey presented Bill Eley, Information Services Manager, a
recognition plaque for the program he presented at a Bremerton Central Lions
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Club meeting that involved editing and showing a shortened version of the movie
"Tuskegee Airmen". Bill Eley stated it was a privilege to work with and for
Councilman Colvin. Mayor Horton added that Art Anderson and Associates
provided a "boxlight" projector for Mr. Eley to use in making his presentation.
Fire Chief Al Duke reported 148 personnel from around the county responded
along side of 50+ Bremerton Fire Department personnel during the first 24-hour
period of the Kona Village Apartments fire. The City received additional
assistance from the Seattle Fire Department, Tacoma Fire Department, Auburn
Fire Department, Enumclaw Fire Department, and Bainbridge Island Fire
Department. Additional support was received from 23 support agencies, i.e.
American Red Cross, St. Luke's Methodist Church, etc. It has been estimated
that close to 800 people were involved in supporting the City in this operation.
Mayor Herren and Fire Chief Duke presented the following Fire Departments
and Fire Districts Certificates of Appreciation and a plaque in appreciation for
their support during the Kona Village Apartments fire: Puget Sound Naval
Shipyard Fire Department, Kitsap County Fire Districts #1, #7, #10, #12, #15,
#18 and City of Poulsbo, Mason Fire Districts #2, #3, #5. Mayor Herren thanked
everyone for the outstanding effort they gave in assisting the City in this
operation. Fire Chief Duke expressed his deep appreciation for the assistance
the City received during the long 4-days.
PUBLIC RECOGNITION
Bob Sauter, President Kitsap County Veterans Coalition, announced the
residents within the City of Bremerton and Kitsap County have exceeded Pierce
and King County in the amount of financial donations for the WWII Memorial.
Financial donations in the amount of $5,390.00 have been collected within the
past three weeks. He noted $200,000 must be collected by March 1, 1998, in
order to break ground and make the memorial a reality by Veterans Day 1998.
On another issue, the Navy has decided to open us the USS Missouri for six
days in January. He requested 45,000 tickets to accommodate one for every
veteran in Kitsap County. It concerned him that the Navy overlooked all of the
veteran's organizations within Kitsap County except three. The Kitsap County
Veterans' Coalition represents 45,000 veterans. The Navy estimated 40,000
veterans in the State of Washington; however, there are over 700,000. He
related comments in a letter he received from an Oregon State veteran, who
received four Purple Hearts and medically discharged due to those wounds,
about the poor treatment he received from a Puget Sound Naval Shipyard gate
guard when he asked about seeing the USS Missouri. Mr. Sauter felt it was
important that someone with authority from the City contact the Navy about how
people should be treated by the gate guards. He received 175 telephone calls
and 50 letters within the past week on the moving of the USS Missouri.
Reverent Cleveland Williams, Ebenezer A.M.E. Church, stated he was
approached by military personnel off the USS Carl Vinson, which is under the
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command of Captain Crocker, volunteering to do something that would make a
difference within the Bremerton community. As a result of that offer, Ebenezer
A.M.E. Church, USS Carl Vinson volunteers and several concerned individuals
and merchants will be putting on a free Christmas dinner on Christmas Day for all
homeless people throughout Kitsap County. This event will take place at the
Sheridan Park Recreation Center, from 12:00 noon - 4:00 P.M. He is
overwhelmed with the offers of food from local restaurants for this event, which
he views as a continuation of the outpouring of caring from the Bremerton
community that was evident during the Kona Village Apartments fire. Volunteers
to help on this event are welcome.
Karen Williams extended a special invitation to the public to attend the Fourth
Annual Martin Luther King Jr. Celebration on January 19, 1998, 10:30 AM - 1:00
P.M., at the Kitsap Pavilion. This event is sponsored by the Kitsap County
Commissioners, City of Bremerton and Ebenezer A.M.E. Church. She also
extended an open invitation to the public to join the Martin Luther King
Community Choir. Rehearsals for the Choir will be held January 2, 9, and 16 at
7:30 P.M., at the Ebenezer A.M.E. Church.
Gordy Byrd stated he was asked by someone to find out when streets will be
changed to "one-way" as part of the new entrance into Bremerton. President
Farr explained that issue was resolved several months ago and the option
selected was not the one-way couplet street system.
David Butcher, Bremerton resident, stated last month he was before Council to
address a zoning issue that related to a property at 1048 4th Street. Following
that meeting, he received a letter from Judy Johnson, Department of Community
Development, instructing him that he could apply for a Special Use Permit to
allow a particular use at that site. Two different parties were interested in
opening a business at that site; however neither of them fit in the current zoning.
At this point, he asked for more input from the City Council regarding the change
in zoning that applied to his property on 4th Street. President Farr stated he did
see the letter sent by Ms. Johnson and he will ask her to review it once again.
H. Emily Moshay, Swing City Committee, thanked everyone who attended the
First Annual Craft Show, which was held in the old Woolworth Building. As a
result of that event, the Committee presented $50.00 plus a large basket of food
to the Bremerton Food Line. Through the Giving Tree, which was chaired by
Ellie Overson, 34 children will receive Christmas gifts.
Marji Singleton stated her objection over the Planning Department's action
requiring a Building Permit for a stairway constructed at her mother's residence
at 518 7th Street. Because the structure they built provides an easier access for
her disabled mother and it works fine as it currently stands, she does not want to
go through the Permitting process because the City's 10-foot setback
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requirement would be impossible to meet considering the structures original
stairway. Therefore, she requested the Council to grandfather in the stairway that
was constructed for her disabled mother. She emphasized the structure that is
currently in place is very sturdy. She had an additional concern relating to the
way trucks and vehicles park in an adjoining parking lot where they come
extremely close to her mother's house.
Susan Brown, Bremerton resident, stated she was confused about when the
decision was made by the Council to not be seated as a committee to address
her formal complaint filed against two members of the City council. She
referenced Council's Policies and Procedures and cited the procedure for
convening an Executive Session. Mr. Neville stated Council did not hold an
Executive Session to discuss the claim. He informally asked the non-affected
Council members if they saw any reason to continue discussion of the claim after
receiving three legal opinions. No one voiced that it should continue any further.
Mrs. Brown challenged that under the law Council needed to convene a meeting
to address her claim. Glenna Malanca, Assistant City Attorney, explained a
determination has been reached that there is a threshold decision upon the initial
investigation and that there be no further investigation, which is the City's legal
interpretation. Mrs. Brown stated she believes the procedure needs to be
written more clearly when the Ethics Code is rewritten. Ms. Malanca stated the
code is clear and whether it would be changed upon review would be determined
by the City Council. Mrs. Brown stated a letter needed to be written to the
claimant, City Attorney, and the accused that includes a written finding. Ms.
Malanca emphasized a determination was made that there was not reasonable
cause to proceed. She believed Mrs. Brown received a letter stating that
determination. Mrs. Brown stated the letter was dated December 8, 1997. She
believes that the process was continuing after that letter was sent to her. Mr.
Neville stated no. Mrs. Brown stated then the leader of the committee rather
than the entire committee made the decision. Ms. Matanca stated for
clarification not everything was handled informally, there was an investigation
pursuant to the ordinance and there was a determination that no reasonable
cause existed and there was a formal opinion on that issue. She believes the
finding of lack of reasonable cause was the informal part of the process. Mr.
Neville stated right. Mrs. Brown stated that phrasing is not written in the law.
She has applied for a Public Disclosure to obtain paper work involved in this
issue and asked how soon would her request be fulfilled. Ms. Malanca stated
she believed Mrs. Brown had been informed that the City Attorney, lan Sievers,
would review that request and respond sometime after December 22. Mrs.
Brown stated she was told Mr. Sievers would review her request on December
12. Ms. Malanca stated Mrs. Brown should have a written response mailed on
December 18 indicating details of the schedule of a review. There is no promise
that further written materials will be appropriately provided since it will depend on
what is or is not determined to be a public record. Mrs. Brown stated since
rewriting the Code of Ethics will take leadership in the next Council that will be
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seated in January, she wanted to know who is running for the Council President
position and whether or not there is a commitment on their part to carry out that
task. Mr. Neville pointed out that has not yet been determined. President Farr
stated running for a Council position is an option right up to the time the ejection
is held. Anyone on the Council can choose to respond to her request; however,
she was again referring to the internal office elections of the City Council, which
will take place on January 7, '1998. No one is obligated to indicate whether or
not they intend to seek any of the public offices at this time. Mrs. Brown stated
then there is no opportunity for public input to that action. President Farr stated
that election process is strictly within the Council and the only ones voting on the
Council offices are the seated City Council members.
Larry Dickerson, Bremerton resident, stated it is his belief that elected City
Officials work for the taxpayers, who are the "boss", not elected officials. He was
concerned over inappropriate language used by two elected officials when he
had an opportunity to speak with them recently. He asked when the City Council
approves an ordinance, particularly those that have a criminal basis, i.e.,
misdemeanor, have questions been asked by the Council as to the enforcing
authorities and how enforcement will be handled? He believes Council and
citizens of Bremerton were "sold a bill of goods" on the SOAP Ordinance.
Currently, there is a booking problem at the Kitsap County Jail, i.e. they can not
handled misdemeanor cases. Therefore, there is no way to get someone
arrested for prostitution without booking them on that charge. When he called
the Kitsap County Prosecuting Office, they told him they were not aware of the
SOAP order, which leads him to believe they were not considered as a
prosecutorial side of the ordinance. In the future, he hoped council would ask the
presenting staff how enforcement would be handled. He doubted "sting" type
actions by the Police would bring the desired results. It concerned him that local
women through threat of intimidation, drugs, and prostitution are victimizing
innocent people. He feels strongly that "the system" has to work, but the system
is broken.
8A - COMMUTE TRIP REDUCTION PLAN AGREEMENT WITH KITSAP
TRANSIT~ #AB97-263
This item is a continuation of an on-going agreement with Kitsap Transit t
administer all applicable plans and comply with applicable ordinance regarding
Commute Trip reduction Plans. The funding for this comes from the State DOT
and is turned over to Kitsap Transit per the agreement.
John Clauson, Service Development Director for Kitsap Transit, stated the State
Legislature adopted a Commute Trip Reduction Law in 1992, in an effort to assist
in combating problems experienced throughout the state of air pollution, traffic
congestion and use of energies of fossil fuels. This law requires all jurisdictions
in nine Counties to adopt ordinances that require large major employers, who fit
a definite definition to come up with a program to encourage their employees to
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not travel to work alone in their automobiles. At that time, Kitsap Transit was
asked to take the lead in administering that program since their jurisdiction
encompasses all of the cities and a good portion of Kitsap County, which they
did. In doing that, they entered into agreements with the cities and the County
and together with the major employers affected by this law, drafted ordinances
that were adopted by the local jurisdictions. Recently, the State Legislature re-
addressed that law, which resulted in some minor changes and two major items.
The two major items were the downward adjustment of required goals of major
employers and extended the life of the Commute Trip Reduction Law out to year
2006. That action required Kitsap Transit to revisit this agreement, which would
terminate in 1999, to extend the life of the agreement and make the necessary
adjustments to the goals. That is the process that brings them back before
Council and the need to approve the agreement as presented. Kitsap County
and City of Port Orchard have already approved their revised agreement.
Bob Jaenicke, Bremerton resident, asked what would this cost the taxpayers.
Mr. Clauson stated it is difficult to quote an exact number as it will not result in
any change in taxes or expectations of cost beyond the prior agreement. The
law has been extended giving them more time to deal with the program.
Mr. McConnell asked if Mr. Clauson had an estimate on how many trips were
reduced in 1996. Mr. Clauson stated 1997 was a mile stone year for the
Commute Trip Reduction law. The major employers required to comply with this
law were required to survey their employees to determine the level of success in
reaching their goal. Out of the 27-30 employers in Kitsap County that are
affected by this law, 13 achieved the goal and all of them are in compliance with
the law. There is 100% compliance within Kitsap County. Of those that did not
achieve their goal, the majority of them are heading in the right direction. Mr.
McConnell questioned if he understood correctly that the Washington State
Department of Transportation provides the funding. Mr. Clauson stated yes, the
State provides funding to the County to help fund the whole program.
Mr. Colvin expressed his appreciation of citizens asking questions on issues
before Council. He questioned the goal set by the State? Mr. Clauson stated
the 1997 goals are 20% in the change in single occupancy vehicles (SOV), 25%
in 1999, and 35% by year 2005. Mr. Colvin asked how this program is
evaluated and is their progress being made? Mr. Clauson explained the
employers are required to survey their employees, during the milestone years, as
to how they travel to work and that is the basis for the determination whether or
not they have succeeded in reaching their goal.
President Farr stated he was not sure Mr. Jaenicke's question was completely
answered. He referenced the Agenda Bill form, under item #6 - Impact on
staffing, budgets, facilities, etc., which stated "none", but within the
documentation it states communities over a certain size develop Commute Trip
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Reduction Plans, which are then funded by the State Department of
Transportation. Those funds are forwarded to the County and distributed to the
other jurisdictions. He will provide Mr. Jaenicke more detailed information on
that point at a later date. Bob Fer,quson, TDM Administrator for Kitsap Transit,
stated a 2-year grant of $256,000 is provided by the State DOT, which is then
dispersed by the County to the various jurisdictions. The 13 employers that did
meet the 1997 Commute Trip Reduction goals, using the Department of
Ecology's formula, were able to prevent approximately 30 million vehicle miles of
travel, approximately 4,000 vehicles have been removed from the roadways per
day during commute rush hour and 2 million dollars in fuel cost saved and
prevent 1.5 million pounds of air pollution.
#2024 M/S/C/U(Huff-Menees/Neville) Motion to approve the continuation of the
agreement with Kitsap Transit and authorize the Mayor to sign the agreement for
the City.
9A - RESOLUTION 32640, SETTING FEES FOR GOLD MOUNTAIN GOLF
COMPLEX AND REPEALING RESOLUTION #2571, #AB97-264
In order for the City's Gold Mountain Golf Complex to remain financially sound, it
is necessary to implement fee changes on a regular basis. As has been
demonstrated through the financial modeling of the course operation, rate
increases are required for the complex to remain financially sound. Fees at the
complex were last changed January 1, 1997.
Jim Spencer, Parks and Recreation Director, stated this issue addresses two
segments: (1) the Cascade Course - the proposed rate increase is 5.2% overall,
which is consistent with the increases historically seen on that course. (2) The
new Olympic Course - the philosophy has been changed to be more aggressive
in terms of revenue generated and treating it more business like as opposed to
what they are seeing on the Cascade Course. In both instances the proposed
fee increases are competitive and consistent with the quality of the project being
delivered to the local golfer. The Gold Mountain Board of Directors and the
Parks and Recreation Commission have endorsed the proposed fee increases.
Public comment - none.
#2163 MISICIU(Neville/Montgomery) Motion to pass Resolution #2640 setting
forth a fee structure for Gold Mountain Golf Course and repealing Resolution
#2571.
10A - ORDINANCE #4615(SECOND READING) ADOPTING THE 1998
BUDGET~ #AB97-252
Rich Hanna, City Treasurer, stated he distributed updated pages of the Budget
document to the Council members at their pre-Council Study Session for
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allocation of Fund 104 (Hotel/Motel Tax), which accurately reflects the results of
Council's deliberations on that issue.
Del Knauss, Bremerton resident, stated he believed Bremerton Main Street
Association was the only group that actually accomplishes something for the
money they receive. He suggested giving each of the five groups identified
$19,000 instead of the amounts listed in the budget document pages. He
pointed out in 1994 the Mayor's salary was $57,648 and the total Mayor's
operating budget was $128,183. The 1998 budget shows the Mayor's salary as
$67,961 and the operating budget costs at $212,241.00. He emphasized in four
years that office's budget went up by $84,000. The Mayor's salary, in four years,
has increased by $10,013.00. He hoped that other departmental budgets had
not increased by the same percentages as those in the Mayor's office. He
referenced the Police Department Budget, questioned the need for an Assistant
Police Chief, and assumed the position of an Administrative Analyst referred to
consultant services. He questioned why pay a consultant to determine what is
wrong with the Police Department when the Mayor and Police Chief can
determine it. He referenced the City Council's budget and pointed out the
documentation does not include the stipend that was allocated for the City
Council President. It was his opinion that the City Council needed to take formal
action to implement their increase in salary prior to approving their departmental
budget. Lastly, he addressed the utility tax rates: (1) electric 6%, (2) gas 6%, (3)
cable TV 7%; (4) telephone 6%, (5) water 6%, (6) wastewater 6%, (7) garbage
tax 16%. In his opinion, under the garbage tax, the City is overcharging the
citizens $40,000 for every percent over the legal limit. He believes the Attorney
General's opinion on this tax was quite clear and if Council does not address that
issue, they could find themselves in trouble in 1998.
Teresa Findlay, Bremerton resident, stated since Sherril Huff-Menees accepted
the position as Executive Director of Kitsap Regional Council in-1998, she should
remove herself from being seated or speaking on this agenda item.
Ramona Hopkins, Bremerton resident, stated since Councilman Lon Overson
and his wife own a Bed & Breakfast establishment he should step down from
speaking on or voting on the 1998 Budget.
Jack Lefcosk!, Bremerton resident, stated considering several new Council
members will be seated January 1, 1998, he recommended delaying any action
on the 1998 budget until after that date.
Paul Drnievic, Citizens for Safe Water, asked that the funding for fluoridation of
the Bremerton water system be removed from the 1998 Budget. He believes that
a Council Retreat held on April 19, 1997, was illegal because there was not
adequate public notice given, that fluoridation was not a published retreat agenda
item; that fluoridation was not an appropriate topic to discuss because it was a
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published Bremerton City Council agenda item for April 23, 1997; and there was
a majority of the City council members present. He requested he be provided
copies of any publicity advertised notices, the dates they were advertised, and
which showed the retreat and agenda items. He also wants copies of Council
Agendas and minutes of meetings of March 26, 1997, April 2, 9, 16, and 23, and
copies of the agenda for the April 19, 1997 retreat. If fluoridation is not removed
from the City of Bremerton 1998 budget, they will pursue further legal avenues.
Glenna Malanca, Assistant City Attorney, stated there could be two possible
areas of analysis, one would be an incompatible office and their particular
requirements for the two offices that don't apply in this case and the other would
be a potential conflict of interest, which would be a personal financial benefit to
the Council member. A benefit would be if there was an amount of contribution
by the City to the Kitsap Regional Coordinating Council that would flow
personally to the Council member. Therefore, she was not concerned about a
vote on the 1998 budget by that Council member. Mrs. Huff-Menees stated in
anticipation of a possible controversy over this issue, she did seek legal counsel.
She is currently serving as staff of the Kitsap Regional Coordinating Council and
was advised by legal counsel that she could stay seated and vote on the issue by
disclosing her position on the Regional coordinating Council or abstain from
voting. She has participated in budget discussions and on first reading of the
budget ordinance she abstained from voting and she will abstain from voting at
this time. Ms. Malanca stated the second conflict of interest allegation involved
in Ms. Hopkins' comments relates to Lon Overson's ownership of a Bed &
Breakfast. The fact that there are advertisements for hotels/motels/bed &
breakfast establishments in the Bremerton area, the personal benefit would be so
very remote that it is not a concern. President Farr stated based on that legal
opinion, all Council members would remain seated.
#2976 MISIC(Montgomery/McConnell) Motion to pass Ordinance #4615, on
second reading, approving the 1998 Budget.
Mr. McConnell pointed out State law requires the City to adopt the coming
years' budget prior to its effective date of January 1, 1998; therefore, Council
cannot postpone taking the required action.
Mr. Overson stated in response to Mr. Lefcoski's concern, there are adequate
opportunities for the new administration to make modifications to the budget as
they see fit.
Mr. Colvin noted the 1998 Budget is not etched in concrete and emphasized the
fact that the Council members elect have not had the same background data as
the Council to make the budgetary decisions. He questioned whether or not the
issue brought up by Mr. Drnjevic about Council having an "illegal" retreat applies
to this discussion. President Farr pointed that issue had already been
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addressed several times in the past and the legal opinion was that Council had
not compromised the Open Meeting Act. Moreover, that discussion is not
pertinent to this item.
Mr. Law expressed his support of funding for the Naval Museum and pointed out
people have to have something to see when they visit this area. It concerned him
greatly that funding for the museum had been drastically cut and in his opinion
would give the Naval Museum Board few options that could end up closing the
museum, look for other sponsors or relocate somewhere else within Kitsap
County. The museum just received notice today that they will be able to take
custody of the sale from the namesake submarine USS Bremerton; however,
they may not have a place to put it. He also supported allocating funds for the
Bremerton Main Street Association based on their sponsored events that bring
people into Bremerton. Because of his concerns, he will not support the budget
as presented.
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Mr. Overson stated he also had concerns over the distribution of Fund 104 and
the support for the Naval Museum. He wants to see Council involved in
attempting to resolve the continuing concern in how best to use the funds and in
the development of contract agreements with each of the organizations receiving
Motel/Motel Tax funding. He feels it is important that an ongoing effort be made
to make future allocations of these funds more scientific and more affective. In
regard to the issue brought up by Ms. Hopkins, he and his wife do own a small
Bed & Breakfast (3-rooms), which is basically full most of the year. He doubted
they would see much more business from the Visitor & Convention Bureau's
activities. They normally see most of their support from other areas that result
from advertising that they place in the Seattle area.
Mr. Neville emphasized there is never enough money to meet all the needs and
requests. The Lodging Tax Committee was appointed and they took their task
seriously and provided a recommendation to Council, which is not being
followed. Every year some kind of "fix" is attempted, but none have been
successful. The 1998 Budget has been studied extensively and will be a working
budget for the coming year.
Vote on Motion: In Favor: Montgomery, Neville, Farr, Overson, McConnell,
Colvin
Oppose: Law
Abstain: Huff-Menees
Motion carried.
10B - ORDINANCE#-4616 (SECOND READING) AMENDING THE 1997
BUDGET, #AB97-261
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Glenna Malanca, Assistant City Attorney, stated Council members Al Colvin and
Cecil McConnell should step down due to their being personally benefited
through this ordinance.
Mr. Colvin and Mr. McConnell stepped down and left the Council Chambers at
7:15 P.M.
Public comment - none.
#0140 M/SICIU(Montgomery/Huff-Menees) Motion to pass Ordinance #4616, on
second reading, amending the 1997 Budget.
Mr. McConnell and Mr. Colvin returned to Council Chambers at 7:17 P.M.
11A - PUBLIC HEARING - TO CONSIDER THE OYSTER BAY AVENUE
REZONE AND A RELATED ORDINANCE (FIRST READING) TO AMEND THE
OFFICIAL ZONING MAP, IF APPROVED, #AB97-265
Upon completion of the 67-acre Oyster Bay Avenue Annexation earlier this year,
some lands were brought into the City with zoning which was inconsistent with
the Comprehensive Plan. The northern portion of the annexation area was given
temporary Iow-density residential zoning upon annexation, in recognition of an
existing neighborhood, and with the understanding that the City's Comprehensive
Plan called for a transition to commercial, when appropriate. The area has
changed considerably since its annexation and this rezone is now appropriate.
Following its public hearing on July 15, the Planning Commission considered the
Rezone proposal and recommended City Council approval of the "GB (General
Business)" zone, which is consistent with the current Comprehensive Plan
designation.
Ron Hough, Planning Manager, Stated the Oyster Bay Rezone started in
February 1990, when the City adopted the West Hills Area Plan that addressed
streets, utilities and land use. All of the area identified in the Plan has been
annexed into the City in 2-3 sections at a time. The annexed area was given a
City Comprehensive Plan designation and City zoning. Part of the City zoning
was to place the residential properties on hold temporarily in the Residential
Zone even though the long-range plan designated it as commercial. The
definition of that kind of action is called "phasing", and is a section of the Zoning
Ordinance that allows the City to place zoning that is not directly consistent with
the Comprehensive Plan with the intention of brining it into consistency at a later
date.
The City was also undergoing a program to establish an "odor easement" in the
area to remove potential residential odor related problems and impacts on the
neighborhood. Since the area was annexed, most of the homes have been
TAPE #15
City Council Reg. Mtg. Minutes
December 17, 1997
Page 13 of 13
removed, and the City Administration determined that now is an appropriate time
to change the zoning to bring it into consistency with the Comprehensive Plan.
President Farr asked the "Appearance Of Fairness/Conflict Of Interest" question
with all Council members being seated.
Admiral Ross stated he was concerned about 3--4 houses between Oyster Bay
and Cottman Street. He wanted to know what the City plans to do with the
subject property. Mr. Hough stated he was not sure if the property identified by
Mr. Ross was in the odor easement program. If it isn't, it is proposed to be zoned
General Business and the houses currently in place would continue to be legal
non-conforming uses and would remain houses virtually forever. The City's
Zoning Ordinance even allows a house to be rebuilt if it is totally destroyed.
Mr. Ross has the opportunity to develop his property as a business, sell it for
business use or have it remain residential.
Mr. Montgomery questioned how the City could include a State Highway in a
rezone. Mr. Hough explained City limits go beyond the freeway to the east so
when the area was annexed the highway was included and the zoning generally
follows.
#0405 M/S/C/U (Montgomery/Huff-Menees) Motion to approval Ordinance, on
first reading, amending the Official Zoning Map of the City of Bremerton, in the
Oyster Bay Avenue area, south of Werner Road.
President Farr thanked the TV camera crew for their services: Bob Neal, Mike
Peebles, and Eva Williamson.
With no further Business meeting adjourned at 7:25 P.M.
DAVID FARR, City Council President
City of Bremerton
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