HomeMy WebLinkAbout09/25/96TAPE #1411
COUNCIL
APPROVED
0CT231996
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTE8
SEPTEMBER 25, 1996
#0031
#0051
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, September 25, 1996, at 5:30 P.M.,
with Council President John Law presiding. Council members present
were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, David
Farr, Richard Neville, Cecil McConnell, and A1 Colvin. Council
member Lon Overson was 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 Law and Invocation given Council member A1 Colvin.
CONSENT AGENDA
A. Minutes of Meeting - August 28, 1996 #AB96-214
B. Confirmation of Jim Spencer as Interim #AB96-215
Director of Parks & Recreation
M/S/C(Neville/MontgomerY) to approve Consent Agenda as presented.
Vote on motion: In favor: Colvin, McConnell, Law, Neville,
Farr, Huff-Menees, Montgomery
Motion carried.
Opposed: Winters
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 September 25, 1996, the Council does
approve for payment those vouchers included and further described
as follows: EFT 3882, 201827 through 202013 in the amount of
$339,725.53; and Regular Payroll for the period ending 9-15-96.
COUNCIL MEMBER REPORT8
Mr. Winters commented on the nice weather and reminded everyone to
support local funding raising efforts.
Mr. MontgomerY reported on Sunday he had the opportunity to view
the salmon run at Gorst Creek and was surprised over the number of
grandparents bringing their grandchildren to see the salmon
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spawning. He attended the meeting sponsored by Mayor Horton and the
Bremerton School District at Crownhill Elementary School, which was
well attended.
Mrs. Huff-Menees reminded residents of the Charleston neighborhood,
local business owners and concerned citizens of the meeting to
discuss the Charleston Neighborhood plan on October 3, 7:00 P.M.,
at the Bremerton School District Administration Office.
Mr. Farr invited everyone to the grand opening and dedication of
Arvon Park, 1512 Arvon Street, 3:00 P.M., on September 27, 1996.
He noted the development of this park is an example of how
concerned citizens can make a difference within the community. The
park site was donated by the National Spiritualist Association of
Churches, but was solicited by a neighborhood activities Mary Sump-
He commended the Parks Department for their part in developing the
park. Parking for this event is limited and alternate parking can
be found on 15th Street.
Mr. Colvin reported District #1 had a well attended Neighborhood
meeting on September 19, where Mayor Horton and Sinclair Landing
Association made excellent presentations.
MAYOR'S REPORT
Mayor Lynn Horton read a proclamation recognizing September 30 -
October 4, 1996, as DISPUTE RESOLUTION WEEK.
Mayor Horton thanked the Poggie Club for helping educate people on
the fish runs at Gorst Creek; and she thanked the community for
their excellent behavior when visiting the Gorst Creek area.
Mayor Horton thanked the Bremerton School District Administration
and Crownhill Elementary School for hosting the City/School forum.
she also thanked those that attended that event bringing with them
a good cross section of questions. Similar future events will be
held in various schools throughout the City.
In regard to the concerns raised about the "No Trespass" orders at
Westpark, Police Chief Paul Du Frense will provide additional
comments; however, the "No Trespass" issue is supported by the
Housing Authority, residents of Westpark and the City
Administration and Police Department. It is something that has
come down from President Clinton as "one strike and your out,"
which means as long as someone is a law abiding citizen there would
be no restriction on entering Westpark. If someone is not a law
abiding citizen, they will have their access to Westpark
restricted, which is what happened to several individuals, who
spoke before Council at the September 18 Council meeting. The
Housing Authority does have an appeal process and as such the
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Housing Authority is the right body to resolve disputes over the
"No Trespass" order. The City of Bremerton has no authority over
the Housing Authority.
Police Chief Paul Du Fresne stated his first response would be to
Patricia Anderson, who raised a concern abut the "No Trespass"
signs and what the Trespass Law states. He cited RCW 9A 52.080,
Criminal Trespass In The Second Degree, which is a crime that is
committed when someone goes on the premise of someone without their
permission or after being warned not to; and it is misdemeanor
charge. The Bremerton Housing Authority has the right to issue
warnings to people, who are on their property without their
permission, that they cannot return to Westpark. Those warnings
center around people, who have been involved in criminal
activities, drug sales or some other activity that Westpark
residents do not want to be subjected to. Chief Du Frensne will be
forwarding this information to Ms. Anderson.
In regard to the concerns raised by Annette Taylor and Mark Miller,
Ms. Taylor was a resident of Westpark because she was placed in
Emergency Housing by Kitsap Community Action Program. Ms. Taylor
would not otherwise qualify for residency at Westpark due to an
outstanding bill owned when she resided in Westpark over a year
ago. Sadly, Ms. Taylor is still in a situation where she needed
some assistance and KCAP placed her in that emergency housing.
While she was temporarily placed at Westpark, Mr. Miller, who is
the father of two of Ms. Taylor's children, arrived in an
intoxicated condition and assaulted her, resulting in her calling
the Police for assistance. The Police arrived, confirmed Mr.
Miller had assaulted Ms. Taylor and then took action to arrest him.
Chief Du Frense talked with Mr. Miller after he was served a "No
Trespass" notice, and he advised Chief Du Frensne that he had been
before the Judge and was attempting to go through a 12-step program
and improve his situation. Ms. Taylor was relocated by KCAP to
another emergency housing location due to her problem with Mr.
Miller. By moving Ms. Taylor out of Westpark, Mr. Miller will not
be restricted from seeing his children. Information as to how to
process a complaint against the Housing Authority was given to Mr.
Miller.
In response to concerns raised by Anthony Robinson and Maria
DeVitto, they both alleged they were being harassed by the Police,
which is simply not the case. When he investigated their
allegations, he learned Mr. Robinson and Ms. DeVitto are both under
order of eviction at Westpark because of criminal activity
involving both of their residence. Mr. Robinson has been convicted
and will be sentenced in October for conspiracy to sell crack
cocaine and Ms. DeVitto's property was the property being used by
Mr. Robinson's juvenile son for selling crack cocaine. Ms. DeVitto
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complained that her telephone was being tapped, which it was not,
although the conversations between Mr. Robinson, his son and the
police when he was engaging in the drug transactions were properly
recorded under a limited warrant authorized by the Superior Court
of the State of Washington. This is an unfortunate situation and
both Mr. Robinson and Ms. DeVitto were quite upset about being
harassed by the Police, but the reality is they were engaged in
activity that will not be tolerated in Westpark or in the City and
people will be prosecuted for such actions. Unfortunately, Mr.
Robinson's young son is now serving a sentence after a conviction
for selling drugs. President Law thanked Chief Du Frense and his
staff for researching all of the questions and accusations made at
the September 18 City Council meeting.
PUBLIC RECOGNITION '
Gordy Byrd apologized for a statement he may have made at the
September 18 City Council meeting that hoodlum type people could be
found at the Skill Center. He could not recall ever having made
such a statement because he believes in sticking up for people.
John Thomas, Bremerton resident, reported he and his daughter had
fun the fish run at Gorst Creek. He found the TCI presentation
during the September 18 Council meeting to be interesting.
Approximately 3-4 months ago he enjoyed a dinner at a west
Bremerton restaurant where he ran into a few TCI contractors, at
which time he asked them when they would be working on Bremerton's
system. Their response was "we're never going to get into
Bremerton because Bremerton refuses to negotiate with them". Mr.
Thomas believed just the opposite...that TCI refuses to negotiate
with the City. He thanked Kathleen McCluskey for doing her job and
'very shortly his family will be a very satisfied non-TCI customer.
Paul Thompson, Bremerton resident, stated he was representing three
apartment complexes on 5th Street and requesting the City allow
residential parking along the north side of 5th Street for those
living in those apartments - He has paid $200-300 per month in
parking tickets in front of his apartment.
John Ryan, Bremerton resident, stated he was representing teens of
Bremerton regarding the Teckno Dance on Callow that was closed down
by the City because they had not obtained a proper license;
however, three weeks prior that establishment was declared a
private club. He wanted to know the reason why the City shut down
the club. president Law stated someone would look into the matter
and contact him. Mr. Ryan stated he was a member of the club and
it was a way to keep teens off the street and out of trouble and
felt this activity should be supported by the City.
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Glenn Jarstad, Bremerton resident, talked about the successful
salmon run in Gorst Creek. He too was amazed over the public's
response to viewing this annual migration of fish. He commended
the Poggie Club members for their help educating the public at the
viewing site and the City employees for their being safety
conscious in setting up barriers for walkways and parking.
Doyle Detroit, Executive Director of Westsound Community Access TV,
handed out copies of their new Users Handbook, which has been
revised and broadened. As a result of those policies, there is now
more political programming on TCI Channel 12 than ever before.
Today, all of the certified candidates were invited to film a 30
minute program on October 3, 4, 5 and showing on October 12 for the
first time. She encouraged Council members to think of ways to use
the Access Channel in addition to their normal Council meeting
being telecast. she wanted the City Council members and viewers
know that they are working to improve the transmission of City
Council meetings from the Council Chambers.
9A - PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION DECISION
DENYING 8HORELINE PERMIT FOR PRIVATE RECREATIONAL DOCK AT 1542
MADRONA POINT DRIVE (DON HOLTZ), #AB96-221
After a public hearing conducted on May 25, 1996 and June 18, 1996,
the Planning Commission overturned a decision by the Director of
Community Development, denying a shoreline substantial development
permit which would have allowed a private recreational dock to be
constructed at 1542 Madrona Point Drive.
This decision is being appealed by the proponents for the dock, Don
Holtz and Lora Short, on the grounds stated in their written
arguments received at the Council's office September 9, 1996.
The City Council, when hearing an appeal, shall either: 1) Affirm
the decision under review; 2) Reverse the decision under review;
3) Modify in whole or part the decision under review; or 4) Remand
the matter back to the approving authority for further
consideration. Such action shall be decided by a majority vote of
the members present. That vote may be taken at the same or any
subsequent meeting.
President Law asked the "Appearance Of Fairness/Conflict Of
Interest" question with all Council members being seated.
president Law asked if anyone on the council did not review the
record from the Planning Hearing? No one responded. He asked if
any Council member had viewed the permit site since they reviewed
the documentation in the Agenda packet? No one responded.
Ian Sievers, City Attorney, stated this is a closed record hearing
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based on information presented at the Planning Commission hearing.
Council has reviewed those materials and according to Council's
direction to exclude any new evidence, but limit their
consideration to simply argument in writing at this stage, he made
certain expunges from some of the arguments and exhibits submitted
that he found not to be in the record before the Planning
Commission- There is a portion of the record that will be
presented in the form of slides, which will conclude the record.
also, Council should have reviewed a late submittal that came in
after the Agenda packet was produced, which he attached to his
memorandum-
Jack Allin~ham, Planner, stated this is an appeal of a Planning
Commission action. The request is for a Shoreline Substantial
Development Permit and the applicants are Don Holtz and Lora Short.
The proposed project was for a private recreational dock to be
constructed at 1542 Madrona Point Drive. The Director of Community
Development approved the permit on March 28, 1996. Subsequent
appeals were filed by Wayne Iverson, Kathy Gallagher, Susan and
Bernard Holland, Maynard Hoffman and Sandra Verhelst. The Planning
Commission conducted a public hearing on May 21 and continued to
June 18, 1996. The slides shown to the City Council were shown
during the Planning Commission hearing.
M/S/C(Montgomery/McConnell) to sustain the Planning Commissions'
findings and decision to deny the Shoreline Development Permit to
develop a dock at 1542 Madrona Point.
Mr. Meville stated having grown up in this area, he had spent
considerable time on the water in the subject area. He noted Mr.
Holt's own attorney commented on the impact of the project as
follows: "near shore navigation will be somewhat impacted, usable
water service will be reduced and visual impact of aesthetic
quality of the existing shoreline will occur." He emphasized
docks are fine in an appropriate area; however, he did not find
that this channel was an appropriate area for a dock as that
proposed by Mr. Holtz. The water access on this waterway is very
unique to this area...a narrow entrance opening into a large bay
that is heavily used for recreational uses. It is for that reason
he will support the Planning Commission not to allow the dock in
the subject area.
Mr. Montgomer~ stated he too was very familiar with the waterway
and the problems one might encounter during various tide levels.
Adding any kind of a pier in that area would further restrict the
passageway to the point it would be unsafe for anyone to travel
through those waters. He felt it did not make good sense to put in
an obstruction and let the City be liable for an accident waiting
to happen.
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Mr. Farr asked the City Attorney's opinion on Mr. Montgomery's
comment that the City could be held liable in the event of an
accident, if the City allowed the pier to be built? Ian Slevers,
City Attorney, stated he did not think the fact the City does not
enforce general state provision on speed that is appropriate for
conditions under the public duty doctrine would create any
liability whether this was approved or not. People are suppose to
use an appropriate speed in these conditions whether there are
other obstructions, other boats, docks, etc..
Mr. Winters quoted from the documentation (Agenda packet Page 175)
under GOAL - "to assure that adequate water access and moorage
facilities are available to the public and individuals, without
adversely impacting the natural aesthetic qualities of the
shoreline." He asked if anyone from the Department Of community
Development, who actually wrote the City's Shoreline Master
Program, actually visited the sites within the City in order to
determine who is to rule what is "natural aesthetic quality to the
shoreline?" Donald Pratt, Director of Community Development,
stated in this case the permit is administratively approved over
his signature and he originally found to approve the dock and was
overturned by the Planning Commission. The Shoreline Master
program contains several policies, which in some cases appear to be
conflicting and can be used to make either side of the case for or
against the dock. It was his responsiblity in the initial case to
determine on which policy to place the most emphasis, which he did.
But, the Planning Commission overturned that decision and found the
emphasis should be placed on other policies. Mr. Winters stated
there were some concerns in this document regarding tidelands and
who has the right to put a piling out onto the shore and build. He
asked if Mr. Holtz's proposal follow the State's recommendations
and City standards? Mr. Pratt stated yes, with one relatively
minor exception, which could have been changed. Mr. Holtz
presented an application that Mr. Pratt initially believed could be
approved, but the planning Commission disagreed with him because of
their interpretation of the policy. From a structural standpoint
with one exception the dock met the City's basis guidelines.
Mr. Colvin raised the issue of the City being liable if the dock
was approved. Mr. Sievers restated his position on any liability
to the City and agreed with Mr. Colvin that anyone can bring a
suit.
Mr. Farr asked Mr. Pratt to give a brief history of the permit
application. Mr. Pratt explained Mr. Holtz made an original
submittal for a dock, which could have administratively been
approved by him. Several meetings were held with Mr. Holtz where
he was advised that the submittal he originally made was not
approvable for several reasons: (1) not an adequate SEPA Checklist
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and he was advised the City may require an Environmental Impact
Statement unless he improved that Checklist. Mr. Holtz withdrew
the Checklist and submitted a subsequent Checklist that provided
further information agreed upon would be adequate to make the
environmental review. (2) Mr. Holtz was told the design he prepared
for the application was not adequate for approval, which he changed
and brought in what he determined to be an approval dock on his
reading of the Shoreline Master plan. He approved the proposal and
notice was given. The approval was appealed and went before the
Planning Commission. At the Planning Commission meeting on the
appeal, there was an error made in the order of testimony and in
order to correct that error the Planning Commission chair continued
the meeting to a following date the next month, resulting in a
portion being heard in May and a portion was held in June. In
June, the Planning Commission voted to overturn his decision and
the issue was subsequently appealed to the City Council. Mr. Farr
asked what the next step would be if Council upheld the Planning
Commissions' decision? Mr. Pratt stated if one of the parties felt
there was a procedural error they could appeal it to Superior
Court. Mr. Sievers stated there are new State guidelines for
appeals of this kind of land use permits, some are procedural,
constitutional issues not supported by substantial evidence and are
appealable to Superior Court. Mr. Farr urged Council members to
take their personal desires out and whether or not he would choose
to run into a pier or moored float should not enter into the
decision. He hoped this decision is made on strictly whether or
not the applicant has a legal right to construct a pier in front of
his property.
Mr. Winters asked when this is a closed record hearing does it mean
the public will not be heard outside what is in the public record?
Mr. Sievers stated no oral argument or additional evidence will be
submitted by the public according to Council's own rule. Mr..
Winters stated he was having trouble interpreting Mr. Pratt's
comments about something being rate by criteria, but other things
come into play that we must make a decision. He felt there was a
contradiction between the City and the staff. But, if a person
applies and is within the criteria to be approved, he tended to
believe that was the right approach. After reading the
documentation, he feels it is a neighborhood issue as well.
Mr. Montgomez7 stated he was not basing his decision on his
personal opinions, but rather the facts brought out by the Planning
Commission. He pointed out the record states the dock will not be
a joint use facility, which is one of the criteria, and it would
add to all the proliferation of new docks consuming limited
shorelines. He found the Planning Commissions' findings
appropriate and according to the law. President Law pointed out
that within the documentation the Holtz's expressed their
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willingness to share the dock with other people. Mr. Montgomel~
stated there are many findings by the Planning Commission that do
not support approving the dock.
Mr. Colvin asked if there was anything to prevent other people from
the subject area applying for a permit to build a dock? Mr. Pratt
stated the Shoreline Program carries many policies, some of which
in some particular application are conflicting and the question is
which policy is emphasized for that particular application. After
tonight, someone can apply for a dock and still expect to have an
Administrative approval or denial. He will make a determination
whether to approve or disapprove and which policy to emphasize and
which'not to emphasize on the basis of Council's decision on this
issue. Council's decision will be guiding future actions on how
docks are approved in that area until the administration comes back
with an amendment to the Shoreline Master Program that states docks
shall only be a certain size.
Mr. McConnell stated his approach was to read all of the testimony
from the hearing and then made a tentative decision, which he then
checked against the Planning Commissions' Findings Of Facts and
Conclusions. He found he agreed with the Commissions' last four
conclusions, i.e. impact on navigation, create a safety hazard in
some cases, does not comply with State Shoreline Management Act or
Bremerton's Shoreline Master Program.
Mr. Neville rebutted Mr. Farr's comments in that he was not against
all docks, but they do need to be looked at on a case-by-case
basis, and take into consideration the long term affect they would
have on a particular area. Mr. Winters rebutted Mr. Neville's
'comment based on his opinion that 80 percent of the documentation
is about safe boating. He believes there is a self-enforcement
problem on all the waterways of Kitsap County. Someone being
reckless can hit a dock no matter how long or short. A lot of the
concerns are about the safety and navigational hazard.
President Law referenced Page 270 of the Agenda Packet and asked if
that was a document prepared by the appellants? Mr. Sievers stated
yes. president Law quoted from that page as follows: "because the
dock achieves a usable depth of water, obstruction od navigable
waters will only rarely occur." In his opinion, that shows there
would be an exposure for someone getting hurt. That issue along
with the adverse aesthetic impact on the area convinces him that
the proposed dock would not be appropriate in that area.
Vote on Motion: In Favor: Neville, McConnell, Colvin, Montgomery
Law
Opposed: Winters, Huff-Menees, Farr
Motion carried.
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7A - SCHOOL RESOURCE PROGRAM CONTRACT RENEWAL, #AB96-216
This is a renewal of the contract for school resource officer
service with the Bremerton school district. This agreement pays
half the salary for one officer (entry level) and provides for some
additional overtime hours to enhance coverage to the district.
Public comment - none.
Mr. Winters stressed this program is vital to the communication
between the Bremerton Police Department and School District in that
there is an open line of understanding on how to deal with
particular incidents where students and teachers have a
communication program. He strongly supports approving this
request.
Mrs. Huff-Menees stated she also supports this proposal and one of
the things she learned when the issue was discussed in committee is
that we do not have an officer at Bremerton High School on a
regular basis. When she inquired why not when other High Schools
in Kitsap County do have law enforcement officials on site, she was
told there has not been a need at Bremerton High School and one of
the reasons for that is because of programs like this that teaches
rules and regulations to the students prior to their getting to the
High School.
Mr. McConnell noted the contract will not exceed $37,000 and the
School District will be paying half of that cost.
Mr. Farr stated he had contact with a young person, who had contact
with a resource Officer Fatt, and his response was Officer Fatt was
Very professional, effective and appears to have a real rapport
with the youth.
Mr. Neville asked the City Clerk to read the seven issues listed on
the Scope of Work in the contract: Kathleen McCluskey read as
follows:
1. The Bremerton Police Department will provide a School resource
Officer to assist faculty, staff, students, and families of
Bremerton Junior High School and Mountain View Middle School. an
Officer will be assigned to this duty full time.
2. The Bremerton Police Department will provide a part-time School
Resource Officer to assist faculty, staff, students and families as
needed in schools throughout the Bremerton School District.
3. The School Resource Officers along with Henry Mincey, Manager,
Community resource Division, and Chief of the Bremerton Police
Department, Paul Du Fresne, will work with the Bremerton School
District and Building Administrators to provide a positive, safe
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environment for students and employees.
4. The officers will work with individual students, small groups
of students, and large groups of students to encourage positive
behavioral choices.
5. The Bremerton Police Department Officials will work with the
Bremerton School District Administration to plan and carry out
inservices for staff which will help staff learn to identify safety
risks and learn appropriate responses in unsafe situations.
6. The Bremerton Police Officers will at all times conduct
themselves according to procedures laid out by Building Principals.
7. Bremerton Building administrators will work closely with the
Police Officers and the Manager of the Community Resource Division
to plan and implement specific activities designed to improve
student behavioral choices at each site. All parties agree to meet
together on a regularly scheduled basis.
Police chief Paul Du Fresne pointed out this is the second year for
the project, which has provided good connections with the schools
and is a way to offset some General Fund expenses.
M/S/C/U(Winters/McConnell) to approve signing of this contract.
7B -AMENDMENT #3 TO THE PROFES8IONAL SERVICES CONTRACT WITH ABEYTA
& ASSOCIATES, #AB96-217
Since approval of Amendment No. 1, Ms. Abeyta has been the primary
contract with all owners, agents, lawyers, etc. of properties in
the area approved for condemnation around the WWTP. The scope of
her responsibilities and time required in the acquisition process
has increased significantly. At present, the project is
approximately 70% complete and the amount of the agreement has been
reached. An increase in the Professional Services Agreement with
Abeyta & Associates to an amount not to exceed $60,000 is
requested. Ms. Abeyta's role with this project will continue in
the closing process and obtaining of title records for all
transactions.
Paul Lucas, Public Works and Utilities Department, stated he is the
person directly responsible working with Ms. Abeyta. Some delays
were encountered, one being the City trying to deal more directly
with the people in the subject area rather than going to court to
initiate the condemnation process at an earlier point of time.
Another reason for the delay had to do with the city having to deal
directly with an attorney for all transactions. Currently, Ms.
Abeyta is involved in approximately 17 on going transactions and
has been directly responsible for the closing of 38 transactions
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accomplished this year.
Public comment - none.
Mr. Winters stated all along he has had some concerns about what
has been going on in this particular project. He asked if it will
be necessary to use condemnation for any of the remaining
properties? Mr. Lucas stated yes, approximately 12.
Mr. Neville stated during the committee discussion on this issue
Mr. Lucas was asked to give an honest appraisal of the performance
of Ms. Abeyta and he asked Mr. Lucas to share that data with the
publiC. Mr. Lucas stated he communicates with Ms. Abeyta 3-4 times
each week and discusses any on going transaction before making
contact with the people in the subject area. ' Ms. Abeyta has met
directly with Gene Sampley, Director of Public Works and Utilities,
Mayor Horton, Ian Sievers, City Attorney and all of them are
unanimous in their feelings that her performance has been well
above what they expected. He stressed Ms. Abeyta has gone over and
beyond the scope of her contract to provide assistance to the
people within the zone to relocate.
Mr. McConne11 stated he also has reservations about the
condemnation portion; however, this proposal is not a part of the
condemnation action.
Mr. Winters asked if Ms. Abeyta is a licensed Real Estate Broker in
the State of Washington? Mr. Lucas stated yes. Mr. Winters asked
if Ms. Abeyta received a commission in the event she assists
someone to relocate? Mr. Lucas stated no.
Mr. McConnell pointed out the $60,000 figure is the total for the
contract, not an additional increase.
M/S/C(Montgomery/Huff-Menees) to approve an amendment to the
Professional Services Agreement between the City and Abeyta &
Associates for an amount not to exceed $60,000 and authorize the
Mayor to execute the same, subject to City Administrative Policies
and Procedures.
Vote on motion:
Motion carried.
In Favor:
Opposed:
Neville, McConnell, Colvin, Montgomery,
Huff-Menees, Farr, Law
Winters
7C - TO APPROVE CONSULTANT CONTRACT WITH KATO & WARREN, INC., FOR
CONSULTING A8SI8TANCE WITH THE CHARLESTON COMMUNITY PLAN (UNDER
STATE PERF GRANT), #AB96-218
The City has been awarded a $40,000 State Planning and
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Environmental Assistance (PERF) grant to assist with preparation of
the Charleston Community Plan. $30,000 is earmarked for consultant
help with five components of the project: (1) EIS; (2) poster-
brochure; (3) videotape; (4) regulations; (5) monitoring system.
The City issued a Request for Proposals, which resulted in the
submittal of proposals by five firms. Three were selected for
interviews by an interview committee consisting of a Planning
Commissioner, a Charleston District business owner, a Charleston
area property owner, and city staff. The interview committee
unanimously recommended that the contract be awarded to Kato &
Warren, Inc.
Don Pratt, Director of Community Development, stated there are and
have been major changes in the Charleston neighborhood starting
with the Gorst-Bremerton project, which significantly alters the
southern portion of this neighborhood. Secondly, Puget Sound Naval
shipyard has completed construction of some residential quarters
adjacent to the neighborhood. Lastly, the new Safeway Store is a
very positive impact on the neighborhood. As this project goes
along, there will be changes and initiatives as to how we do
neighborhood planning. It is hoped this project will be a product
of regulatory reform. If we do this planning project the way it is
envisioned and if the environmental work is done the way the State
has funded it and the way this contract is proposed to the council,
anyone building a project in this neighborhood that conforms with
the plan would not have to go through the State Environmental
Policy Act process. Secondly, it is a relatively strong feeling
TAPE #1412
that frequently too much money is put into the technical planning,
and not enough into the communications effort. With this plan, a
'lot of money was put into the communications effort, at the expense
of good technical planning. There will now be a new effort to
communicate with the neighborhood and business owners about what is
in the plan. Second, a video tape will be used to help show the
neighbors what is envisioned for the future, and help show people
intending to do projects how they want the project done. The first
neighborhood meeting to get this project kicked off is scheduled
for October 3, 7:00 P.M., at the Bremerton School District
Administration Building, located at the corner of Burwell &
Montgomery. The public is invited and encouraged to attend.
Public comment - none.
Mr. Winters commended Mr. Pratt and his department for this
program. From his discussions with business owners and citizens
from that area, they will welcome this chance to participate and
have some input. He also looks forward to attending the meeting.
Mr. Farr asked for an elaboration of item 12, ,,Regulation Review"
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September 25, 1996
Page 14 of 18
found on page 46. Mr. Pratt stated the "Regulation Review" refers
to two things: 1) Once the department comes up with a concept of
what kind of development they want to occur in that neighborhood,
they will look at what kinds of things can be put in place to
deliver what they envision (like set-backs, uses, heights, and
other development standards); and 2) Ways to cut out regulations
that are impediments to getting things done, such as set-backs in
some neighborhoods do not deliver a "folksy" neighborhood feel like
is envisioned, so it will be considered to move some front porches
closer to the street in a particular neighborhood. Mr. Farr asked
if these can be proposed as chan~es to both the building code and
zoning code; and would they be unique to this particular area? Mr.
Pratt'answered probably just to the zoning code, and you could
possibly see specific standards applicable only to this "sub-area"
or neighborhood, and nowhere else in the City..These changes would
certainly still be in the general theme of the Comprehensive Plan.
Mr. McConne11 asked if these changes would be brought before
Council? Mr. Pratt stated any changes to the zoning code and
Comprehensive Plan must come before Council. Mr. McConnell asked
what criteria was used to interview the five firms submitting
proposals? Mr. Pratt stated first of all, whether or not the firm
responded to the actual proposal narrowed the selection to three.
Pricing was a factor, such as would they deliver the basic product
desired, plus include some extras. They looked at technical
experience, and for a "fit", including the attitude and demeanor of
the consulting firm.
M/S/C/U(Huff-Menees/Colvin) to approve contract with Kato & Warren,
Inc.
7D - REAL ESTATE PURCHASE AND 8ALE AGREEMENT FOR 1708 PARK AVENUE,
#AB96-219
The property proposed for purchase is an undeveloped parcel located
immediately adjacent to the City's wastewater pump station CE-1.
This is the primary pump station within the wastewater system.
This property is desired to provide a site for future construction
of additional pump station failure and can be used as storage to
reduce combined sewer overflows. The storage would be located
below ground and allow the area to be used by the public. The
property has an area of 0.13 acres. The assessed value of the
property is $55,000. It is recommended that Council approve the
attached Real Estate Purchase Agreement to allow acquisition of
this property.
Paul Lucas, Public Works & Utilities, stated the primary use of
this property is to build an underground "vault" to accommodate any
overflows from the current pump station CE-1. The capacity of the
tank is estimated to be 125,000 gallons. The cost of the project
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Page 15 of 18
will come out of Wastewater & Utility funds, and no exact date for
construction has been set. This additional pump station will give
the City a lot of leeway should alarms fail, and an overflow
occurs.
Public comment - none.
Mr. Farr asked how long does it take to fill the maximum capacity
of the 125,000 gallon storage tank? Mr. Lucas stated 8,000 gallons
are pumped per minute, so approximately 20 minutes, which is more
than enough time to get to the treatment plant if an alarm sounds.
He assumes there will also be an alarm on the upper limit of the
storage tank.
Mr. McConnell noted the data states they would pay any delinquent
property taxes and questioned is an amount known? Mr. Lucas
responded there is none right now.
Mr. Neville finds this unique, in that it seems to be a "win-win"
situation. The City can put in a tank to handle any overflow, so
that it will not go into the Narrows, and from the tank, it will go
back to the sewer system and treatment plant. In addition, because
this will all take place underground, it will allow an additional
use for the property.
M/S/C/U(Neville/Montgomery) to approve the Real Estate Purchase and
Sale Agreement with Mr. Paul Brons for property commonly known as
1708 Park Avenue, and authorize the Mayor to execute the same.
8A - ORDINANCE NO. 4571
DISTRICT, #AB96-210
Public comment - none.
(SECOND READING)
REORGANIZING
HEALTH
M/S/C/U(Colvin/Montgomery) to pass Ordinance No. 4571 on second
reading, reorganizing the Bremerton-Kitsap County Health District.
8B - ORDINANCE NO. 4572 (SECOND READING) ADOPTING THE HARRISON
DISTRICT PLANAS AN AMENDMENT TO THE BREMERTON COMPREHENSIVE PLAN,
#AB96-213
Public comment - none.
M/S/C/U(Colvin/Montgomery) to pass Ordinance No. 4572 on second
reading, adopting the Harrison District Plan as an Amendment to the
Bremerton Comprehensive Plan.
8C - ORDINANCE (FIRST READING) AMENDING B.M.C. CHAPTER 2.88,
DISABILITY ACTION COMMITTEE, #AN96-220
There is a need to revise the terminology used in the current
Chapter and give greater flexibility in selecting members for the
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September 25, 1996
Page 16 of 18
committee. Also, the requirement to meet once a month has proved
unrealistic. These changes are recommended by the Disability
Action Committee.
Jim Meith, Director of Human Resources, stated four of seven
members of the current Disability Action Committee met two months
ago, which was their first meeting in approximately two years. An
attempt is now being made to revive this committee, which is why
they are requesting these amendments.
Public comment - none.
Mr. Neville asked if they were attempting to increase membership?
Mr. Meith stated membership will stay where at 7 members. The
proposed ordinance is just proposing the flexibility to be able to
fill all 7 positions. There are currently four members taking
part, but they have had problems getting additional members.
Several people have expressed interest, but unfortunately live just
outside the City limits. This is one area they would like some
flexibility. Mr. Neville thanked Mr. Meith for the work put into
this endeavor because he feels it is a very important committee and
should be taken seriously. He encouraged citizens to contact the
Mayor's office for an application, if they are interested in
participating on this committee.
Mr. Farr asked for clarification on the changes made to the number
of meetings to be held. Mr. Meith stated the requested change is
to meet quarterly, rather than monthly.
Mr. McConnell asked what criteria is used to find a qualified
candidate? Mr. Meith stated basically, anyone who is interested in
the subject matter of the committee, but ideally, someone who has
a vocational interest. Present committee members are people who
are either involved in a professional career, or working with the
disabled community in some aspect. A candidate also must have the
willingness to put in the time.
Mr. McConnell questioned if it was so difficult to find committee
members, shouldn't the committee be reduced from 7 to 5 members?
Mr. Meith stated the committee discussed that possibility, but
decided with the added flexibility they could keep it at 7. Also,
with 7 members, you may actually only get 5 at any given meeting
because not all members can always make every meeting.
Mr. McConnell noted the previous ordinance only allowed 2
representatives of advocacy groups, who could live outside the City
limits, while this proposal would be extending it to all 7 members
of this committee. In his thinking, if you can not find 7 or 5
people to serve on a committee of this apparent importance,
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Page 17 of 18
especially when it would benefit them, maybe it is not as important
as it is made out to be. He just finds it strange that not enough
people can be found from inside the City to serve on this
committee. Mr. Meith stated their first preference and priority
is for people living in the City. However, there is an example
right now of a person interested in being on the committee, who
works at Olympic College in the disability program, but actually
lives just outside the City limits. He is an excellent candidate,
but could not be considered for the committee under the present
constrictions. Mr. MoConnell stated he still did not understand
why there weren't enough Bremerton residents who had the same level
of interest.
Mayor Hotton reminded Council this is a minority population,
probably less than 15% for all of Kitsap County. If people in
advocacy roles are added, that bumps the number up a little bit,
but there is still a very small, limited range of people
interested.
Mrs. Huff-Menees concurred with the comments made earlier by Mr.
Neville on this issue, and also appreciates the fact that this item
is being brought to the Council's attention. She is willing to
accept the changes recommended by the committee, and would be very
grateful to any resident living outside the City, who would be
willing to give of their time because the City could only benefit
from such a relationship.
M/S/C/U(Huff-Menees/Farr) to approve ordinance on first reading,
reorganizing the Disability Action Committee, which will assist the
City of Bremerton's implementation of the Americans with
Disabilities Act of 1990.
Mr. Colvin pointed out the proposed ordinance states that members
may reside outside the City, if solicitation procedures fail to
find qualified candidates in the City, so he could support the
proposal as presented.
President Law thanked the TV camera crew for their services:
Nadine Price, Erin Daniels, and Rob Luke.
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September 25, 1996
Page 18 of 18
With no further business meeting adjourned at 7:38 P.M.
~J~THL~.EN~2~NL~YCL , City Clerk
J~E. LAW, Council President
City of Bremerton
KLM/JL/me
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