HomeMy WebLinkAbout06/30/93TAPE #1118
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
JUNE 30, 1993
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, June 30,
1993, at 5:30 p.m., with Council President Eileen Fitz
presiding. Council members present were Lon Overson, Richard
Neville, Lynn Horton, Hank Waibel, C. R. "Tiny" Collins,
Morrie Dawkins, Al Colvin, and Russ Johnson. Also present
were City Attorney Ian Sievers and City Clerk Kathleen
McCluskey.
The meeting opened with the Pledge of Allegiance led by
Council President Fitz and Invocation given by Councilman Al
Colvin.
President Fitz announced Agenda item 7A, a Pubic Hearing on a
Right - Of - Way Vacation for a portion of Arvon Avenue, was
pulled off the Agenda. Mr. Johnson questioned if Council
could pull off a Public Hearing from the Agenda without
notifying the public or opening the item and then continuing
it to a future date? Ian Sievers, City Attorney, stated he
did not know if Council had taken a vote to pull this item at
the Pre - Council Study Session, according to Council procedure.
Unless such a procedure had been followed, he recommended
opening the item and continuing it to a future date. Mr.
Neville stated this issue went before the Operations Committee
and from that discussion it appears there is a conflict in the
Zoning Ordinance so it was advised that this item be pulled at
this time. Mr. Johnson stated he had no objection to pulling
an item, however, there are a lot of procedures that go along
with a Public Hearing on land use issues and he wanted to make
sure Council was proceeding correctly. Mr. Colvin questioned
if a notice had been given the item was to be pulled off the
agenda? Mr. Sievers stated no, however, whether or not it is
to be pulled off of the Agenda is the Council prerogative. He
was directed more to Council's own right of other Council
members to follow their own procedures and have an opportunity
to hear why the item is being requested to be pulled off of
the Agenda. It is his understanding that the City cannot
legally proceed with the item because there is a flaw in the
procedure, which led to this hearing. The public will be
renotified if the this Agenda item is placed back before the
Council. Mr. Waibel questioned how far back in process do we
need to go...remanded back? President Fitz stated it had to
do with zoning and it is the Planning Department who is
recommending pulling this item, not the applicant. Mrs.
TAPE #1118
City Council Reg. Mtg. Minutes
June 30, 1993
Page 2 of 19
Horton questioned if Council went through its process asking
that the item be pulled and hearing no objection would that
suffice to have it pulled? Mr. Sievers stated yes. Mrs.
Horton stated: I request that Item 7A be pulled off the
Agenda. President Fitz stated hearing no objections to that
request, the item will stand as pulled.
CONSENT AGENDA
A. Minutes of Meeting -- June 9, 1993 #AB93-119
Bid Award Recommendation -- Uniform Rental and Laundry
Services - Awarded to Superior Linen Service as to
specifications and low overall bid.
#0024
M/S/C/U(Waibel/Horton) to approve the Consent Agenda as
presented.
CLAIMS/WARRANT REGISTERS
Vouchers audited and certified by the auditing officer as
required by RCW 42.24.080, and those expense reimbursement
claims certified as required by RCW 42.24.090, have been
recorded on a listing that had been made available to the
Council.
#0045
M/S/C/U(Colvin/Dawkins) June 30, 1993, the Council does
approve for payment those vouchers included and further
described as follows: 167480 - 167482, 167520, 167522 through
167669 in the total amount of $476,384.17; and Retirees'
Payroll for the period ending June 30, 1993, in the amount of
$103,270.78
COUNCIL MEMBER REPORTS
Mr. Johnson reported last week he attended the Association Of
Washington Cities (AWC) conference, which he found to be
excellent. He encouraged his fellow Council members to make
the effort to attend future AWC conferences. He gathered lots
of material, which he is still sorting through. One of the
areas he concentrated on was Public Access Cable Television,
and he will have available a video tape of the conference
session on that topic. He stressed we are lucky in this part
of the Country that the current president of the National
Association Of Television Operators is from Portland, Oregon,
the past President is from Vancouver and the winner of the # 1
municipal station award is the City of Tacoma. Other kinds of
information available had to do with growth management, model
ordinances, and suggestions on how to draw urban growth
boundaries. He displayed a tee shirt he received as a
participant in the Wellness Program part of the conference for
the fun/run and fun/walk.
TAPE #1118
City Council Reg. Mtg. Minutes
June 30, 1993
Page 3 of 19
Mr. Colvin reported he too attended the AWC conference and
also participated in the wellhess fun/walk and did receive a
tee shirt. He announced Municipal Research Service Center
will soon have available a computer system whereby
municipalities and other entities can tap into their library
of information. One of the topics at the conference was
"Reinventing Government", which brought out lots of ideas and
the fact that change is occurring and change will occur and we
need to get ready for it. New ways are being developed to
profitably manage city governments. Governor Lowery made a
penetrating and informative speech, at the conference,
concerning Propositions 601 and 602.
Mr. Dawkins reminded everyone that a 3 - day holiday is coming
up so please drive carefully and practice safe boating.
Mr. Collins reported Council held a Study Session on Tuesday,
June 29, which he found to be outstanding. The discussion at
that meeting revolved around drugs, gangs, police enforcement
and the City's Drug/Gang Task Force. At that meeting, Council
was made aware of things from citizen input as well as Police
personnel input. He thanked whoever initiated setting up the
Study Session and suggested having another one soon.
Mrs. Horton reported she also attended the AWC Conference.
She did enjoy the convention and found it very informative.
She was impressed with the caliber of the presentations and
she also returned with reams of information. The sessions she
attended mainly had to do with redevelopment of neighborhoods
and youth programs, and the more home aspect of City
government. What she brought back with her are ideas of
things other communities are doing and some are absolutely
phenomenal. Some communities have taken the time and energy
to pull together all their community resources, not just City
government, and have come up with solutions to problems we all
face. She believes until the Bremerton community pools its
resources we will constantly be playing catch up. One of the
messages resulting from the meeting the previous night, June
29th, was that all of the Bremerton community resources needed
to be pull together and a community plan of attack developed
on how we face today's issues. Involved in such a process
would be youth councils, neighborhood councils, empowerment of
the neighborhoods and programs such as "Safe Streets" as used
in Tacoma. Mrs. Horton noted the City of Everett is a leader
in youth and neighborhood programs, and they talked about how
to bring people together to participate in those efforts. She
also encouraged her fellow Council members to attend future
AWC conferences because of the valuable information shared
during those sessions.
TAPE #1118
City Council Reg. Mtg. Minutes
June 30, 1993
Page 4 of 19
Mr. Overson stated he had read the book "Reinventing
Government", and was interested in seeing how that folded out
in a bureaucratic presentation. Also, it will be interesting
to see how the City of Bremerton can utilize some of the real
take - a - ways from this kind of session. He hopes everyone will
have a fun and safe 4th of July.
Mrs. Horton stated she also hopes everyone has a safe 4th of
July and cautioned, if using fireworks, please be careful.
PUBLIC RECOGNITION
Mayor Louis Mentor reported he also attended the Association
Of Washington Cities Conference, which he found to be very
interesting. He also was familiar with the book "Reinventing
Government" and found it interesting to hear some of it again
to reconfirm some of the things one believes. Some of the
main things he got out of the conference's theme was that
government needs to be streamlined, it needs to be able to
make changes, it should not be afraid to step in and make
money on services, and to not be afraid to invest in the
community. He reported the Windsmere Real Estate organization
had a very successful clean-up workday at the Magnuson
Alternative School on June 26th. Bremerton Foodline's 2nd
Annual Tee Shirt Auction, held June 26th, had a good turnout
and raised a lot of money. On the evening of June 26th, he
and Councilman Al Colvin attended the Washington State
Association Of Colored Women's banquet. Coming up on July 3rd
is the Tahuya Day Celebration with the Parade starting at 1:00
P.M. He wished everyone a happy and safe 4th of July.
Debby Goddell, Bremerton Animal Control Supervisor, presented
the "Pet of The Hour", a female puppy that is available for
adoption. She urged everyone to make sure their dogs and cats
are properly tagged so that if they become lost over the 4th
of July weekend, they can be returned to their owners. She
emphasized the affect of fireworks being shot off causes many
pets to man away, and the weekend of July 4th is their busiest
time of the year trying to reunite pets with their owners.
Mr. Collins stated he understands that the Bremerton Animal
Control Department received some awards and asked Ms. Goddell
to describe what they involved. Ms. Goddell stated Bremerton
Animal Control was recognized for some of their programs, one
of which is the offer of Flee Busters services as part of a
promotion for pet licensing. King County found that to be a
great idea and a number of the Counties are also talking about
using that kind of promotion for their pet licensing. The
D.A.R.E. Dog Program has been very well received and members
in the community have formed a six member D.A.R.E. Dog Drill
Team. Mr. Johnson stated while at the AWC conference in
TAPE #1118
City Council Reg. Mtg. Minutes
June 30, 1993
Page 5 of 19
Yakima, he stopped in at the booth for the State organization
of Animal Control Officers. While reviewing the materials
displayed at that booth, their representative recognized that
he was from Bremerton and stated: "you don't need to ask any
questions, Officer Goddell is taking good care of you".
Steven Ladd, 938 E. 31st Street, stated Councilman Al Colvin
invited him to come before the City Council to briefly explain
a voyage he completed recently. He noted he got his traveling
start the summer he graduated from high school when he
participated in a group trip through Europe. During the
latter part of 1980's he built a boat (12 ft. row and sailboat
without any motor). His journey took him across North America
by vehicle across the Rocky Mountains and then he sailed down
the Missouri and Mississippi River systems. From New Orleans
he worked as a seaman on a ship that carried him and his boat
to Panama (taking approximately six months), followed with six
more months of sailing in the Pacific Ocean off Panama and
Columbia, which was the most dangerous and grueling part of
his voyage. He cross South America in the same way he crossed
North America, crossing the mountains by putting his boat in
whatever pickup truck or car he could find to the headwaters
on the rivers flowing east in the eastern part of that
continent. He exited the river system near Trinidad and spent
the next year sailing from island to island through the lesser
Indies and greater Indies, arriving back in Florida about one
month ago and then driving across the United States to
Bremerton. Because he is a City Planner by profession, he
viewed the many places he traveled with "planner eyes".
President Fitz questioned how he provided for food along the
voyage? Mr. Ladd stated he funded the entire trip from his
savings and pretty much camped along the way adapting to the
local culture and available food. President Fitz asked if Mr.
Ladd was well received in the countries he visited? Mr. Ladd
stated there were 18 - 19 countries involved and the general
trend was incredible hospitality and wonderful experiences
with people in a wide variety of cultures and a wide variety
of states of development or under development in extremely
poor regions. He also experienced a closeness to nature
during his solitude times on rivers, mountains and ocean. Mr.
Colvin questioned how Mr. Ladd overcame language barriers?
Mr. Ladd stated he learned Spanish along the way and relied
some' on his "High School French lessons" . He is in the
process of writing a book called "The Voyage Of The Squeak".
Burnette Forte, co - founder of POWER (People Organized Working
For Ethnic Reality), stated he and his co - founder met with
Mayor Mentor and Police Chief Del McNeal approximately eight
weeks ago in regards to the gang situation in Bremerton. They
TAPE #1118
City Council Reg. Mtg. Minutes
June 30, 1993
Page 6 of 19
addressed an issue two months ago that seems to be escalating
more, and what they proposed to do at that time was to sit
down and meet with various members of the community to see
what solutions could be developed to address the problems.
Since that time, they have met with approximately 40 different
individuals and organizations, held three seminars and a
couple of public meetings, as well as attending the Juvenile
Justice Workshop sponsored by the NAACP in June. He
referenced recent newspaper articles about gang type
activities and believes the news media has blown it out of
proportion. His group will be addressing the issue of
distorted pubic information at their next public meeting on
July 8, 7:00 P.M., at the Sinclair Baptist Church. President
Fitz stated the consensus from Council's Study Session, held
Tuesday, June 29th, was that all members of the community need
to come together to work toward resolving problems of the
neighborhoods, of youth activities, crime in neighborhoods,
etc. Mr. Forte stated that besides pulling people together,
there is a need to find out from the youth why they are being
attracted to gang type organizations. He emphasized that
right now, there are more "gang wannabes" and there are people
coming from Tacoma and Seattle to recruit the youth in this
community into gang type relationships. Bremerton is a
transit community with many fathers being away from their
families for extended periods of time. What is needed are
good role models for "at risk" youth, along with viable
programs to occupy their time.
Robert Boddie, 4402-C Arsenal Way, stated he is also part of
the POWER group. He also attended the Juvenile Justice
Workshop where he learned youth are being incarcerated rather
than being counseled or placed in drug and alcohol dependency
programs. He stressed that this area lacks drug and alcohol
dependency programs, and in order to find a treatment agency
usually means going to another County or even another State.
Youth need activities and recreation as well as jobs. In his
opinion, local businesses do not hire enough blacks, and
racism is alive in Bremerton. Pastor Sam Rachel has
volunteered to provide counseling for two hours each week to
provide a forum for youth. He believes just incarcerating
youth only gives them an opportunity to come out as a better
criminal. President Fitz stated she agreed with Mr. Boddie
that there aren't enough local treatment centers for youth,
and many young people have to go to Tacoma or as far away as
Oregon for placement in drug and alcohol treatment centers.
Mr. Boddie questioned how can the 1977 law be changed so that
treatment of drug and alcohol dependency for youth be expanded
at the local level? President Fitz stated such a change would
be done through the Washington State Legislators and she
TAPE #1118
City Council Reg. Mtg. Minutes
June 30, 1993
Page 7 of 19
encouraged citizens to write letters to their legislative
representatives. Mr. Dawkins stated we also need to have
meetings within our own communities on such an issue.
Gordy Byrd, P.O. Box 930, reported as of this date, he has
collected $16,050.28 for his shelter for the homeless. He
announced Booth's Drug Store is in the process of "going - out -
of business". He noted that July 1 or 2 will be the last day
that Booth's will fill prescriptions, however, during the
whole month of July they will be selling out their stock
items. It has been his observation that Burger King, located
on Warren Avenue, does hire minorities. He was concerned over
the length of time it has taken the Bremerton School District
to disperse funds raised for his "shelter" at a high school
dance, which was sponsored by a high school group. He
reminded everyone of the two Car Washes being held, July 10 at
the east side K - Mart and July 17th at the Pizza Hut, 6th and
Naval. Proceeds from those events will be donated to his
"shelter" fund. He cautioned the public about donating to
just anyone saying they are collecting money for Gordy's
"shelter" project.
Domisi Thrash stated he believes the Black Male Youths Decline
Intervention Program will work. It concerns him that most
black male youths in the Bremerton area do not have anything
to do, and when they tryto get into the YMCA, they are turned
away. He emphasized groups of black male youth are also
turned away from school dances. In his mind, the only places
where these youth are welcome and accepted are churches. He
does not understand why the police harass black youth when
other young people are drinking in public, etc. President
Fitz suggested that Mr. Thrash and some of his friends who are
experiencing such problems, contact Mayor Mentor and Police
Chief McNeal. Mr. Colvin directed his comments to Mr. Thrash
that this City Council is his representation and he could come
before Council at any time. He encouraged Mr. Thrash to
attend Council meetings prior to his encountering problems in
order to become better acquainted with City government and how
it works. Mr. Thrash stated ever since his name appeared in
the newspaper relating to some arrestson 4th Street, of which
he was not a part of, he believes a Bremerton Police Officer
has been harassing him by calling his mother and threatening
to "sign his death warrant". Such activity is making his
mother scared and he would like to find out which Police
Officer is making such threats. Mr. Colvin stated it is his
contention that we want to get to the young people before they
want to become part of a gang.
Christine Stock stated she and two of her girl friends can not
TAPE #1118
City Council Reg. Mtg. Minutes
June 30, 1993
Page 8 of 19
walk down the street without the Police stopping them and
asking their names and asking them to put their hands up in
the air. She questioned why do they have to go through that
and why can't they have barbecues in the park without Police
Officers watching every move they make. She questioned why do
we get harassed and why is it ok for the Police Officers to
take pictures of them, but it is not ok for them to take
pictures of the Police Officers? President Fitz urged Ms.
Stock to set up an appointment with Mayor Mentor and Police
Chief McNeal in order to come to an understanding what they
are doing and in turn, they need to understand her feelings.
Clint Powell stated lately there has been harassment of youth
by Police Officers, and they do not understand why this is
happening. He does not know of any programs that are
available now within the community. President Fitz asked what
kind of program would he like to see available? Mr. Powell
stated he would like to see basketball, baseball, and YMCA
opportunities. He believes the main problem in this community
is that the Police are taking away young people's self -
respect. President Fitz questioned if Mr. Powell would become
part of a group to try and get youth activities for the
community. Mr. Powell stated he could do that (4913 David
Road/377 - 2803).
Cvnthia Brady, 3612 E Street, stated Blacks In Government are
trying to start a Black Male Youth Decline Intervention
Program. She has personally talked with lots of black youth
who have experienced harassment by the police, and they are
all for this type of program. Blacks in Government are unable
to totally fund this program and she hopes that the community
can come together to help fund this type of activity for the
youth of our community. Mrs. Horton suggested Ms. Brady
contact Carol Dickinson, who is the Community Development
Coordinator and Manager for the Kitsap County Block Grant
Program, and find out how Blacks in Government can apply for
grant funding for this program.
Deborah Jackson, Vice President of Blacks In Government, 328
S. Lafayette, Apt. # 1, stated Blacks in Government has been
working with the community, schools, and gang members on some
of the things that have been going on in the community. She
emphasized Blacks in Government does need funding to make some
of the programs work, as well as the support of the Mayor,
City Council, Police Chief, YMCA, YWCA, and all other agencies
that are trying to provide activities that the young people
actually want to do within their own community. We all know,
from a youth's perspective, that they need something to keep
them busy rather than having nothing to do. She is aware of
TAPE #1118
City Council Reg. Mtg. Minutes
June 30, 1993
Page 9 of 19
programs through the YMCA, Parks Department, and other
community programs, however, some are not readily available or
well publicized. Blacks In Government are working to get this
type of information out to the black community. They have
also talked with some of the youth who have been harassed by
the Police Department, and it is beyond her to believe that
they are being harassed - but she believes them. She would
not appreciate having her picture taken by a City Police
Officer without her permission. She is not a gang member and
she drives a blue vehicle, she is not a gang member, but she
is wearing a red racket. She tends to believe sometimes
community people stereotype other people.
Mike Patterson, 3345 Perry Avenue, stated last night at 3:10
A.M., he was going to Denney's to pick up some food and three
Police Officers stopped him for no reason. He was asked to
show his vehicle registration and proof of insurance,.which he
gave to the officers. Next, he was asked to step out of his
vehicle and was told he was "under arrest". Without telling
him the charge, he was then placed in the back of Officer
Steele's patrol car. The Police Officers then proceeded to
search his vehicle. He did not believe he was treated fairly
by the Police. Also, sometimes he likes walking down the
street, however, Police Offices will drive by him real slow
and watch him. He emphasized there isn't enough recreational
opportunities for youth in the community. He was kicked out
of school because his grades weren't good enough .... he
questioned where else could he get his grades up except at
school? President Fitz thanked Mr. Patterson for his
information and questioned if he would be willing to work on
a committee to develop some youth activities? Mr. Patterson
stated yes.
Roy McInnis, 2711 Maple Street, stated it is appalling to sit
here at this time and hear what is being shared by those
speaking before him. He has been coming to City Council
meetings for years and has given warnings of problems arising
within the community relating to youth and lack of enough
activities to keep them off the streets. He emphasized that
in the black community there are too many separate groups
trying to operate in a City this size. In order to put
something together, everyone needs to come together, and
resources should be pooled together. The charges leveled
against the Police Department during this meeting, in his
estimation, are very well true. Some time ago, he and Chief
McNeal had a discussion about harassment. By being known in
an area usually you can get things done better than if you
just "pop up" now and then. He cautioned those individuals,
who spoke previously, to not just show up tonight and then not
TAPE #1118
City Council Reg. Mtg. Minutes
June 30, 1993
Page 10 of 19
return, but follow - up to make sure what was requested is
worked on and not dropped. He encouraged those individuals
and/or groups to put something together, and then come ask for
assistance. He has stated it once before and he'll say it
again, until there are some black police officers in the City
of Bremerton, you are not going to accomplish anything. If
you go out and lock up black youth that are already out there,
you can be assured there will be more coming. And, the reason
being, white police officers cannot understand black people.
It has never happened and it will never work. Somehow and
someway we are going to have to get some black police officers
in the City of Bremerton.
6A - AGREEMENT WITH STATE TO REIMBURSE CITY FOR CONSTRUCTING
AN ASPHALT OVERLAY ON A PORTION OF SYLVAN WAY (FORMERLY SR
306), #AB93-121
As part of the recent agreement to transfer SR 306 on Sylvan
Way to local control, the Washington State Department of
Transportation (WSDOT) agreed to provide $158,000 for an
asphalt overlay Of Sylvan Way from Wheaton Way to Olympus
Drive. Execution of the attached agreement will allow the
City to receive the funds and perform this work.
Randy Witt, City Engineer, stated the State determined that
the road designated as SR 306 was not worthy of a State route
designation and transferred it to the City, including funding
for the asphalt overlay.
Public comment - none.
Mr. Waibel pointed out the subject area did have a number of
large potholes that needed to be filled.
Mr. Overson stated the City has approximately 150 miles of
roadway and questioned why was this little section chosen to
be resurfaced? Mr. Witt stated the resurfacing was included
as part of the State's agreement with the City to take over
control of that section of roadway. Mr. Overson questioned
for clarification if the resurfacing would bring the roadway
up to a certain condition prior to turning it over to the
City? Mr. Witt stated that was correct. Mr. Overson
questioned if there were other roads in that same category?
Mr. Witt stated this is the only one that came as a result of
the State's agreement. He pointed out the State has taken
over Kitsap Way and a lot of the work currently being done
along that roadway is funded by the State. Mr. Overson stated
$158,000 does not do much for a street, especially one that
long and questioned if Mr. Witt felt that was enough funding?
TAPE #1118
City Council Reg. Mtg. Minutes
June 30, 1993
Page 11 of 19
Mr. Witt stated for the scope of work the State is willing to
do to upgrade the existing street, not to improve it, $158,000
is adequate.
Mr. Dawkins questioned if the City can do anything about
continuous sidewalks along that roadway? Mr. Witt stated the
obligation of the subject funding is to go to a specific
section of street as an overlay. However, he is looking into
stretching that funding as far as he can, however, he doubled
that any curb/gutter/sidewalk work can be included without
additional funding from some other source.
Mr. Johnson stated it was his feeling that in the long term
taking over this section of road will cost the City a lot more
than the $158,000 given to improve it. It is his contention
that the State would not give the road to the City if it were
any good. He pointed out the State was responsible for the
Warren Avenue Bridge resurfacing project and Washington State
Ferry System and he has become rather cynical when it comes to
Department Of Transportation issues.
#1862
M/S/C/U(Horton/Colvin) to authorize and direct the Mayor to
execute the attached agreement with the WSDOT in the amount of
$158,000 for City construction of an asphalt concrete overlay
on Sylvan Way from Wheaton Way to Olympus Drive.
6B - DWI TASK FORCE GRANT -- WASHINGTON TRAFFIC SAFETY
COMMISSION, #AB93-122
Request for the City Council to authorize the Mayor to accept
grant funding from the Washington Traffic Safety Commission
for the continuance of the Bremerton/Kitsap County DWI Task
Force, and for the extension of the employment contract of Mr.
Les Pope as Program Coordinator. The amount of grant funding
is $21,840 for state F/Y 94. Additional funding from Kitsap
County and other incorporated cities has been secured to fully
fund this program.
Les Pope, DWI Program Coordinator, stated the DWI Task Force
has been one of the more successful law enforcement education
efforts in our area. They have made some significant inroads
into the DWI problem, which has not been solved, but the City
of Bremerton managed to reduce its alcohol related injury
accidents by 35% in 1992 and overall in the County DWI
statistics have been reduced from 705 injuries to about 650.
Significant revenues have been generated from the DWI Emphasis
Patrols utilized throughout the County.
Mrs. Horton questioned if Mr. Pope had any comparison
information on Counties that do not have DWI Emphasizes
TAPE #1118
City Council Reg. Mtg. Minutes
June 30, 1993
Page 12 of 19
Patrols? Mr. Pope stated Counties without DWI Emphasis
Patrols are generally 25% higher than those that do have the
education and enforcement component of a DWI Task Force.
Approximately two months ago, the law enforcement aspect of
the project was selected as the Outstanding Program in the
State.
Public comment - none.
Mr. Overson questioned if Mr. Pope managed the whole budget of
$85,000 or just the $21,840 portion? Mr. Pope stated he
manages the whole budget, with the main portion being manpower
hours that are dedicated by the Bremerton Police and other
Police agencies of cities to conduct DWI Emphasis Patrols,
which are done on a fairly routine basis. Mr. Overson
questioned if some funding is contributed by the City in a
separate fashion and other funding is contributed by other
organizations? Mr. Pope explained the City of Bremerton
provides in - kind support, such as rent, telephones, etc., but
no hard dollars. The hard dollars come from the State, Kitsap
County Sheriff, and the other law enforcement agencies within
Kitsap County.
#2169
M/S/C/U(Colvin/Johnson) to grant authority to Mayor to approve
and accept project agreement with the Washington Traffic
Safety Commission; grant authority to Mayor to approve the
extension of Mr. Pope's employment contract; approve necessary
budget adjustment to accept funds; and adjust budget through
1993.
6C - BUDGET ADJUSTMENT CATV OPERATIONS, #AB93-123
In its continuing support of CATV, TCI has donated $5,000 to
purchase equipment to enhance BCAT operations. The Cable
Communications Advisory Committee, City of Bremerton, and BCAT
staff will approve equipment purchase requests. Equipment
will be the property of the City.
Examples of equipment to be purchased are: tape player, A/V
switcher, and hand - held camcorder for non - van supported
productions.
Mr. Neville explained Patrick Hirsch brought this item before
the Cable Advisory Committee where he identified the need, and
his ability to stretch the dollars as far as possible to meet
that need.
Mr. Johnson stated he hoped that Falcon Cable Vision gets
their act together one of these days and get their Cable
Access Channel back on the air so those who are not on TCI
TAPE #1118
City Council Reg. Mtg. Minutes
June 30, 1993
Page 13 of 19
Cable can watch current programming. President Fitz
questioned if Mr. Johnson was not receiving any cable casting
on the community access channel? Mr. Johnson stated no,
disruption of service has been going on for months.
Public comment - none.
#2678
M/S/C/U(Waibel/Collins) to approve Budget Adjustment 93-12
accepting the donation by TCI in the amount of $5,000 for
purchase of equipment described in Summary Statement.
7B - PUBLIC HEARING AND (FIRST READING) OF ORDINANCE ADOPTING
REGULATIONS PROTECTING CRITICAL LANDS, #AB93-125
The Growth Management Act has mandated that the City develop
regulations protecting critical areas which are defined as
aquifer recharge, fish and wildlife habitat areas, streams and
wetlands, geologically hazardous, and flood prone areas.
The Bremerton Planning Commission has developed an ordinance
with the intent of meeting the requirements of the Growth
Management Act, and conducted four public hearings on August
18, 1992, September 15, 1992, October 20, 1992, and November
3, 1992 to accept public testimony and develop a
recommendation to the City Council.
The Council's Operations Committee has reviewed the ordinance
and further refined additional recommendations regarding
Residential Density Credits, Slopes, Stream Classification,
and Tests for variances. These recommendations are shown in
the ordinance in "highlighted" and "strike out" form and are
further explained in the attached issue papers. The Operations
Committee recommends adoption subject to the shown
modifications.
Jack Allingham, Planner, stated the Growth Management Act,
which was sort of an out fall of Initiative 547, which failed
before the voters of the State of Washington a few years ago,
has mandated the protection of critical areas and has defined
those critical areas. The Act also states these regulations
will be interim regulations until cities and counties of fast
growing areas adopt Comprehensive Plans and Zoning Ordinances
to implement those plans. These regulations could have been
policies or an ordinance. The Planning Commission studied
this issue and decided to go ahead with an ordinance form,
which would clear the State regulations protecting these
areas. The ordinance, as presented, will be longer lasting
than an interim ordinance and it seems to be a well thought
out, well presented ordinance and may need some minor
modification. He believes it clearly meets the intent and
TAPE #1118
City Council Reg. Mtg. Minutes
June 30, 1993
Page 14 of 19
mandate of the Growth Management Act. As of this date, the
Planning Commission held four public hearings and the
ordinance has undergone SEPA review and complied with the
State Environmental Policy Act. The Planning Commission has
made a recommendation and the Council's Operations Committee
has further refined the ordinance in three areas: (1) looked
at stream classification; (2) looked at a chapter which
recommends deleting the residential density credit to go by
the current Zoning Ordinance densities; (3) reviewed an issue
regarding development on steep slopes, slopes greater than 40%
and also reviewed the possibility of putting a variance
process in to any part of the ordinance when extraordinary
hardship or a public interest was involved. The Operations
Committee declined to recommend any variance tests outside
what is provided for in the Wetlands Chapter. Basically, the
Planning Commission recommends adoption and the Council
Operations Committee recommends adoption subject to the
amendments proposed and shown in the highlight/strikeout form
of the ordinance. An explanation of the issues is attached to
the Agenda Item documentation.
Mr. Overson stated as a member of the Operations Committee,
this issue was reviewed during various sessions that brought
out good, spirited discussion. He did not claim to understand
all of it, but a lot of time and effort was put into
development of the ordinance, which he believes is workable
for both the City and the citizens.
Mrs. Horton stated she was concerned about steep slopes,
primarily located along the Washington Avenue corridor, where
some structures are in less than wonderful condition and in an
area that people have talked about the possibility for
redevelopment. She referenced Section 1.310 NONCONFORMING
USES/STRUCTURES, where it talks about nonconformities and
structures that were built prior to the proposed ordinance,
that were legally permitted but not in compliance with this
document and becoming nonconformities. She is aware that
banks, when looking at financing upgrades, remodels, and
redevelopment opportunities, see a "red flag" when something
is tagged "nonconformity". She wanted an explanation how the
proposed ordinance would address that issue and if it would
allay the fear of rejection by financial institutions. Mr.
Allingham explained Chapter 10, under Administration, adopts
the Nonconformities Chapter (Chapter 11) of the Bremerton
Zoning Ordinance and when a nonconformity is essentially a
development that was permitted under previous regulations or
lack of regulations, which would no longer be permitted under
a currently adopted regulation, the Nonconformities Chapter
allows for repair and maintenance of existing structures. If
TAPE #1118
City Council Reg. Mtg. Minutes
June 30, 1993
Page 15 of 19
a nonconforming structure is substantially destroyed greater
than 75%, then any redevelopment or reconstruction would have
to comply with all of the adopted regulations and comply with
this ordinance. Along Washington Avenue, south of Manette
Bridge, there are critical areas...steep slopes and geological
hazardous areas mapped as unstable slopes. If a structure,
along Washington Avenue is to be destroyed, it could be
redeveloped by this ordinance, but it would require a soils
report prepared by a Geologist Hazardous specialist saying it
was designed so it would be a safe structure and safe to the
adjoining properties. This is nothing new, the current
Uniform Building Code and the Bremerton Shoreline Master
Program have adopted regulations that would also require such
a report. The proposed ordinance takes the two existing
ordinances one step further and basically states how and when
these regulations will be applied.
TAPE #1119
Mr. Johnson stated when studying this item, one of the things
hellooked for was what does this do for land around Kitsap
Lake. He found very little that addressed that area and at
some point he felt a new Chapter should be included that
addressed "lakes". Mr. Alllngham stated where this regulation
and ordinance might go in the future is to be combined with
the Bremerton Shoreline Master Program, which regulates
development around Kitsap Lake. This ordinance specifically
exempts shorelines that are governed by the Shoreline Master
Program. One of the reasons for the exemption was that the
City has a fair amount of development already existing around
the lake. Adoption of this ordinance and applied to Kitsap
Lake could turn some of the perceived or future development
that people have planned for their property completely around
...it would require a 25 foot natural vegetative buffer from
the lake while their neighbors enjoy urban development along
the lake. Mr. Johnson questioned if Kitsap Lake would not be
called a sensitive area? Mr. Allingham stated it is a
sensitive area, but the Wetland Chapter will not apply to the
lake. Mr. Johnson questioned, in reference to fish habitat,
if something should be figured out how to reduce the weeds in
Kitsap Lake, which are beginning to take over? He questioned
would the residents be in violation of this ordinance by
getting rid of weeds and making the lake better for everyone?
Mr. Allingham stated the section that talks about the fish and
wildlife habitat requires recommendation from the Department
of Fisheries or Department Of Wildlife, whichever has the
jurisdiction over the lake. Those departments have what is
called a "Hydraulic Project Approval" and they would make
recommendations for development, uses or quatic vegetation
control. Mr. Johnson questioned if it is legal for a
waterfront property owner to pull up the weeds around their
TAPE #1119
City Council Reg. Mtg. Minutes
June 30, 1993
Page 16 of 19
dock so people can swim without getting tangled in the weeds?
Mr. Allingham stated lots of times removing aquatic vegetation
isn't in the best interest of the fish habitat or lake's
ecology, and aquatic vegetation has several functions. He
emphasized that if someone wants to remove weeds from the
lake, they should contact the Department Of Wildlife. Mr.
Johnson questioned if the lakes and habitat in the City's
watershed are affected by this ordinance? Mr. Aillingham
stated this ordinance would not exempt City owned Utility
lands or the watershed. Mr. Johnson questioned if it wouldn't
be in the City's interest to include a clause so that we could
manage our forests as forests and city as a city? He is aware
of a small area not far from his residents that serves as a
catch basin and filtration area for water running into the
lake. He believes there were many such small places (pocket
gullies and ravines) around the City that staff could not be
totally aware of and questioned if there is a method where
citizens can report their location so that they can be mapped?
Mr. Allingham stated the City has the technology to map and
they will be working on a generalized critical areas map to
get to a level of detail to map wetlands less than 1,000
square feet. The ordinance does not mandate that small
tributary areas be mapped, but it does state the City can
develop the maps and use whatever resources needed to map
critical areas. Mr. Johnson questioned what would be the
affect of Kitsap Lake designated as a sensitive area for the
County residents who live on the waterfront on the west side
of the lake? Mr. Allingham stated the development within the
County's jurisdiction would be reviewed by the County.
Development within the City's jurisdiction would be reviewed
by City regulations. Mr. Johnson pointed out they would be
touching a now officially classified sensitive area ...would
that increase the interplay between the City, County and
planning process? Mr. Allingham stated the City's regulations
would apply to the edge of the jurisdiction of the City (to
the edge of the lake), and if someone wished to put in a dock
it would require a permit from the City.
Mr. Dawkins noted if the Ordinance is approved, it is then
recorded with the Kitsap County Auditor. He questioned if the
City had to also notify the Title Companies or would they pick
it up from the Auditor's records? Mr. Allingham stated it is
his understanding that Title Companies get their information
from the County.
Mr. Overson stated he believes a lot of the concerns raised by
Mr. Johnson as well as some of his own concerns are woven in
as part of WAC 197 and other regulations. He noted the County
was to also respond to those same requirement.
TAPE #1119
City Council Reg. Mtg. Minutes
June 30, 1993
Page 17 of 19
Mr. Waibel pointed out the need to reletter the items listed
under Section 1.240(3) (A - E) due to the deletion of some items
under that listing. He also pointed out that the last line of
the previous item "C", under that section, had not been
deleted along with the rest of that sentence printed on page
39 of the document.
Mr. Collins stated under Chapter II, Item 56 - Wetlands
Specialist, the definition precluded a person, recently
deceased, but who was brought to this country from Denmark by
the United States government because he was an expert in
Limnology and the fact that he was a non - baccalaureate. He
questioned if there was any way to include something that
would make a truly recognized expert available in this
particular area? He did not feel a "qualified consultant"
would be appropriate because the way it is written that to be
a qualified consultant you have to have a professional stamp
and that requires a baccalaureate. He noted the reason he
brings this up is due to the fact Limnology is a fairly recent
study. And, there are some people highly qualified in that
area that are not educated in the schools. Mr. Allingham
stated the definition could be changed and he will develop
specific wording by second reading of the ordinance.
Mr. Johnson stated there are some small streams on the south
end of Kitsap Lake that come down from the rock quarry area.
He questioned when those streams get "gunky" does this
ordinance help keep them clean? Mr. Allingham stated this
ordinance will affect development and its impacts on those
streams. If streams are currently experiencing natural
erosion, he did not see how this ordinance would stop that
erosion. Mr. Johnson stated it was not natural erosion but
rather human activity causing the problems in the streams.
Mr. Allingham stated yes, this ordinance is designed to try
and prevent that erosion from happening. Mr. Johnson
questioned if those streams were identified somewhere? Mr.
Allingham stated some streams are identified and some are not.
Roy McInnis, 2711 Maple Street, stated he did not understand
the discussion on this item. He questioned when the Planning
Commission held their public hearings were there more public
in attendance than at this City Council meeting? He is
concerned that the "public" is not really aware of what is
being discussed or proposed to be adopted and will come back
"screaming" after the fact. Mrs. Horton stated the Council
Operations Committee did request that this document go to
several other entities other than the ones staff sent them to.
The Committee asked that the proposal be sent to the City's
TAPE #1119
City Council Reg. Mtg. Minutes
June 30, 1993
Page 18 of 19
Utility Department, Parks Department, Puget Power, Home
Builders Of Kitsap County, Department Of Ecology, Sierra Club,
and Engineering Department. She stressed even though there
are few in the audience at this City Council meeting, the plan
was routed through a somewhat extensive review process.
President Fitz questioned if she understood correctly that the
Planning Commission held four public meetings? Mr. Allingham
stated the Planning Commission held four public hearings, and
a public workshop was advertised in the newspaper and
conducted about a year ago. He recalled no one came, and he
determined lack of attendance may have been due to the very
hot weather this area was experiencing at that time.
Mr. Overson emphasized this ordinance is a living document,
similar to the Zoning Ordinance, which can be refined/
adjusted.
#0488
M/S/C/U(Dawkins/Colvin) motion to approve on first reading the
Ordinance adopting the Bremerton Critical Land Ordinance.
Mr. Johnson requested that prior to second reading of the
ordinance, the Utilities Department and Planning Department
provide some kind of language in the ordinance stipulating
that we aren't doing something that will adversely affect
forestry management on Utility lands. Bill McKinney,
Forester/Utility Department, stated Mr. Allingham did consult
with him and he did develop a list of his concerns. In regard
to Mr. Johnson's suggestion to separate forestry issues from
development issues, at first thought that was what he also had
in mind. But, in reviewing the ordinance as presented, he did
not see anything that would adversely affect the City's
forestry program. Basically, there are existing regulations
that preclude any activities that they would be involved in
whether forestry or other activities that the Utility might
have on the watershed. Those regulations would preclude the
City from being in those critical areas in the first place.
He emphasized when the Utility applies for forest practice
application, which is the basic regulatory they deal with, a
copy of that document could be forwarded to Mr. Allingham for
review. Mr. Johnson stated he wanted to "leave the door open"
for second reading if it made sense to do something in the
forestry practice area. Mr. McKinney stated during his review
of the document nothing triggered a "red flag" to cause him to
think it could adversely affect the Utility's activities.
Mr. Waibel questioned if the motion included Mr. Collins'
concern about the qualifications for the Wetlands Specialist
and the clerical staff, and the renumbering of items
previously identified? President Fitz stated yes.
TAPE #1119
City Council Reg. Mtg. Minutes
June 30, 1993
Page 19 of 19
Mrs. Horton stated she also wanted to make sure the motion
reflects the subject document including the amendments that
the Operations Committee and various entities identified.
Motion passed unanimously.
With no further business meeting adjourned at 7:42 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
EILEEN FITZ, Council President
City of Bremerton
KLM/EF/me
cc: Normal Distribution
File/Vault