HomeMy WebLinkAbout12/30/92CITY COUNCIL MEETING MINUTES
DECEMBER 30 , 1992
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The regular meeting of the City Council of the City of
Bremerton was called to order in the City Council Chambers,
239 4th Street, Bremerton, Washington, Wednesday, December 30,
1992, at 5:30 p.m., with Council President Lynn Horton
presiding. Council members present were Richard Neville,
Eileen Fitz, C. R. "Tiny" Collins, Hank Waibel, Morrie
Dawkins, A1 Colvin and Russ Johnson. Councilman 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 Horton and Invocation given by Reverend Gary
Fogelquest of the Seventh Day Adventist Church.
CONSENT AGENDA
A. Bid Award Recommendation - Ductile Iron Pipe
Awarded To U.S. Pipe & Foundry Per Unit Prices
Stated
#AB92-320
B. Bid Award Recommendation - Gorst Production Well #AB92-321
Awarded To Burt Well Drilling At A Cost Of
$43,180.37
M/S/C/U(Waibel/Fitz) to approve 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.
M/S/C/U(Colvin/Dawkins) on December 30, 1992, the Council does
approve for payment those vouchers included and further
described as follows: 162355 through 162357, 162359, 162495
through 162569 in the total amount of $427,950.22; and
Retirees' Payroll for the period ending 12-31-92 in the amount
of $91,533.07.
COUNCIL MEMBER REPORTS
Mr. Neville encouraged everyone to pick up the Winter Program
for the Parks and Recreation Department. He cautioned
everyone about drinking and driving over the coming holiday.
He emphasized cab fare was a lot less expensive than a DWI
ticket.
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Mrs. Fits stated she hoped everyone had a nice Christmas
holiday and that the new year brings the wishes and prosperity
to the City. She also cautioned everyone to "drive
carefully".
Mr. Waibel stated he hoped everyone had as good a Christmas as
he experienced and stressed please be careful on New Years
Eve.
Mr. Johnson encouraged those who choose to imbibe during the
holidays that if they are asked to "not" drive to go along
with that request. He was pleased that the Washington State
University "Cougs" won their Bowl game and is rooting for the
Huskies to win the Rose Bowl game.
Mr. Colvin expressed how much he has enjoy this past year and
the many accomplishment made, especially the boardwalk. He
hoped in 1993 there would be a focus on neighborhoods that
included sidewalks, potholes and getting junk vehicles off the
street. He apologized to anyone he may have offended,
unintentionally, during this past year. He was pleased that
he had all of his children home for the holidays. He wished
everyone a happy and prosperous New Year.
Mr. Dawkins congratulated his neighbors on Callahan for their
nice display of Christmas lights. He echoed Mr. Johnson's
sentiments on the Bowl football outcome and wished everyone a
"Happy New Year".
Mr. Collins stated 1992 was a tremendous year, however, it did
carry with it a lot of "baggage" which he would like to leave
behind. However, he did want to carry forward thoughts and
ideas generated in 1992. Personally, he has had a great year
that included the arrival of a new granddaughter, good family
and very happy with the way the world has treated "Tiny".
But, from the standpoint of the City, we have done
considerable towards improving the City for the citizens and
he hoped this trend would continue.
Mrs. Hotton stated she echoed sentiments of her fellow Council
members and wished everyone a good and safe "New Year".
PUBLIC RECOGNITION
Mayor Louis Mentor stated 1992 has been a good and very
interesting year. He was pleased to share the fact that he
had received a number of compliments on how quickly and
efficiently snow was removed from City streets. He will pass
such comments on to the Street Department. He has been
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hosting his sister and nieces from Jackson, Mississippi over
the holidays as well as several other out-of-town family
members. He wished everyone a "Happy New Year".
President Horton reminded everyone that the Towing companies
are sponsoring a "free ride" program for individuals who
choose to drink but not drive over the holiday.
Bi11Amo, 6625 Lake Drive, reported on a recent visit he made
to Corpus Christi, Texas, where he visited a Naval Ship, the
Lexington. That ship is moored on their waterfront and was
opened approximately the same time as the Turner Joy. He
noted the area where the ship is located is somewhat
deteriorated, similar to Bremerton. During his visit, he
walked to the main part of Corpus Christi along their
waterfront, which was beautiful with wide grassy areas between
lanes of traffic parallel to the waterfront and the location
of several major hotels. As he proceeded one block farther
towards the city, he encountered a city in worse shape than
Bremerton has ever been. He noted Corpus Christi did develop
their waterfront and do have tourist attractions and new
hotels, but somewhere along the line the prosperity did not
move into the community, nor help the local businesses. He
assumed the residents of that city have experienced more
traffic and less reward. He encouraged the City Council, in
future decisions, to really think about how they will affect
development and continued operation of Bremerton businesses.
GordV Byrd, P.O. Box 930, reminded everyone to remember the
less fortunate throughout the year, not just during the
holidays. He announced Star Of The Sea Catholic Church is
sponsoring a dinner for people who are less fortunate and in
need on January 2, 2:00 - 6:00 PM.
6A - AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF
BREMERTON AND TEAMSTERS, LOCAL 589, #AB92-322
The Civil Service Office has established three new
classifications and changed the titles of two classifications.
Building and Development Specialist II; Electrician I; and
Journey-Level Electrician are all new classifications.
Building and Development Specialist I replaces Permit
Technician; Building Specialist replaces Building Inspector,
Combination. Wage Grades for the new classifications and the
new titles need to be added to the Labor Agreement with
Teamsters Local 589. The attached Amendment has been agreed
to between the Union and the City.
Caroline Marshall, Personnel Director, emphasized this
proposal was a routine amendment to the Labor Agreement, which
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is necessary to add new classifications that are produced
through the Civil Service System so that individuals
eventually hired into those positions will have a salarygrade
and benefits applied to their jobs.
Public comment - none.
Mr. Johnson noted Fiscal and Budget Committee reviewed this
item and supported it as presented.
M/S/C/(Johnson/Colvin) to approve the Amendment to Appendix A
incorporated in Article 6 - WAGES of the Labor Agreement by
and Between the City of Bremerton and Teamsters' Local 589 for
the period January 1, 1992 through December 31, 1994 to add
the classifications to Wage Grades included in the attached
Amendment.
Vote on motion:
Motion carried.
In Favor:
Abstain:
Neville, Fitz, Horton, Collins,
Dawkins, Colvin, Johnson
Waibel
6B - AUTHORIZATION TO CARRYOVER ACCRUED VACATION LEAVE, SGT.
MICHAEL FULLER And 8GT. ROB FORBES/POLICE DEPARTMENT, #AB92-
323
Per the Police Officer Association Union Contract, I am
requesting that my accrued vacation leave in the amount of 233
hours be carried over to 1993. Due to my being on Disability
Leave since July of this year, I was unable to use it in the
usual manner. SGT. Rob Forbes is requesting that 24 hours of
Annual Leave be carried over to 1993.
Public comment - none.
Mr. Johnson noted both of these cases fall within the City's
policy.
Mr. Waibel pointed out for six months of the year Sgt. Fuller
had opportunities for taking vacation and questioned how much
had he taken during that time period? Police Chief McNeal
stated he did not have that information at this time. He
noted Sgt. Fuller is a 20-year employee and earns the maximum
amount of annual leave.
Mr. Colvin questioned if someone was on disability did they
accumulate Annual Leave and Sick Leave? Chief McNeal stated
yes.
Mr. Co111ns questioned if there was a system of scheduling
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leave that requires each individual to schedule out their
leave over the year or is it a hit and miss situation? Chief
McNeal stated it was more "hit and miss" situation under his
operations. He encourages his employees to schedule out
leave, which allows him to do better planning for manning
shifts, but there is nothing in the labor contract that
requires that kind of scheduling. During the last negotiation
process, they did look at putting in some language addressing
that issue, but rather than getting into a long dispute over
the contract they did not follow through on that issue. Mr.
Oollins questioned if Sgt. Fuller used 233 hours now would he
be down to "o" leave balance or would he be down to the
maximum of 240 hours of carryover? Chief McNeal stated he did
not have that specific information, however, in 1993 Sgt.
~uller will again gain the maximum amount of Annual Leave.
Mr. Collins questioned if Sgt. Fuller had 233 hours of leave
on the books or does he have 473 hours of leave? Ohlef MoMeal
stated he was not sure at this time and would have to obtain
that information through the Payroll personnel. Mr. Johnson
pointed out if Sgt. Fuller didn't already have 240 hours
credited he wouldn't be requesting this additional carryover.
Mr. Waibel noted basically Sgt. Fuller will start the year
with three months of vacation time with the addition of 2-3
months during 1993.
Mrs. Fits stated theoretically Chief McNeal could be short one
man in 1993 if Sgt. Fuller took his leave all at one time.
President Hotton stressed based on how the Union Contract
reads, at this point in time we have little choice. Chief
McNeal stated he has two options...either pay Sgt. Fuller for
the leave time or obtain Council's approval to carry it over
into the new year.
M/S/C(Johnson/Colvin) to authorize carryover of 24 hours of
Annual Leave for Sgt. Forbes and 233.7882 hours of Annual
Leave for Sgt. Fuller.
Vote on motion:
Motion carried.
In Favor: Fitz, Horton, Dawkins, Colvin,
Johnson
Opposed: Waibel, Neville
Abstain: Collins
6C - FISHPROAMENDED PROFESSIONAL SERVICES CONTRACT, OVERWATER
PARK HABiTAT, #AB92-324
The Amended Professional Services Agreement amends the
original contract with FishPro executed on May 27, 1992.
Accordingly, FishPro will develop and provide a project design
to modify the completed mitigation project to allow
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development on-site, and will attend all agency meetings
required to obtain project approval. The compensation to
FishPro will be on a time and materials basis, not to exceed
$10,000.00, including tax.
Mayor Louis Mentor stated he believed the City was coming
closer to getting a solution for the mitigation. As reported
several weeks ago, Department Of Natural Resources is working
with the City to find a solution and have presented one that
they think will work and are willing to support during
discussions with the other agencies. Currently, additional
funds are needed to develop a concept that can be presented to
the other agencies. A full plan would not be developed prior
to getting agreement from the agencies that this concept will
be accepted.
President Hotton raised the question since previous funding
was near depletion, how would this be funded? Kathleen
McCluskev, City Clerk, stated funds were budgeted for 1993 in
the amount of $466,425.00 for design and construction for the
mitigation project. This amount was an estimate since there
is no specific project identified ($420,000 for
construction/design with a $45,000 contingency). President
Hortonquestioned if that funding was over and above the funds
given to the Port Of Bremerton? Ms. McCluskev explained it is
over and above in the sense that the Performance Bond is still
out there but the City will eventually get those funds back.
What she cited is the "construction budget", based on a best
guess estimate. Mr. Johnson pointed out actually the City was
doing an interfund loan from cash flow to the Performance
Bond. Ms. McCluskey explained funds were borrowed to fund the
project and as she recalled this was being funded from the
Golf Course excess revenue. Mr. Johnson pointed out the
budget assumes that the Bond will be released in 1993.
Public comment - none.
M/S/C/U(Waibel/Colvin) to approve the Amended Professional
Services Agreement with FishPro for the Overwater Park
habitat, making sure that Item 3 - Compensation, does not
exceed $10,000, including tax.
7A - PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DECISION TO
UPHOLD THE 'NOTICE TO VACATEt ISSUED FOR THE ILLEGAL
"CONSTRUCTION SERVICES WITH YARD" LAND USE WITHIN THE SF-3
ZONE, LOCATED AT THE APPELLANT'S PROPERTY, 3419 SUNDOWNDRIVE,
#AB92-325
Mr. Towno's property has been under enforcement actions for an
illegal land use, defined as "Construction Services with
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Yard", which is not allowed in the residential (SF-3) zone
where his property is located. An administrative Notice to
Vacate the illegal use was posted on the property on September
28, 1992. The notice ordered the vacation of the illegal use
and parking within the front-yard setback.
The Zoning Ordinance Chapter X, Section 9, affords the
opportunity to appeal administrative decisions, as well as
those of the Planning Commission. The administrative decision
to issue the Notice to Vacate was appealed, but upheld by the
Planning Commission on November 17, 1992.
The Planning Commission's decision was appealed on December 3,
1993. An appeal of a Planning Commission decision is to be
heard by the City Council at a public hearing.
The City Council's options are: 1) uphold the Planning
Commission's decision; 2) reverse the Commissions's decision;
3) modify the Commission's decision; or 4) remand the matter
back to the Planing Commission for further consideration.
The burden of proof falls on the APPELLANT.
President Hotton asked the "Appearance Of Fairness/Conflict Of
Interest" question with all Council members being seated.
Shane Jensen, Planning, explained Mr. Towne's property has
been under enforcement action and was issued the Notice to
Vacate Illegal Land Use. The subject appeals is a result of
an appeal of the Planning Commission's decision of upholding
the Notice To Vacate issued by the Community Development
Director.
As background, several complaints were received from
surrounding property owners about the condition of Mr. Towne's
property. Based on site visits, Planning staff determined and
defined the use as "Construction Services with yard", meaning
a use that deals with construction trades and a yard referring
to storage area. The City does allow home businesses that
comply with the Home Occupation Ordinance, however, in Mr.
Towne's case there has been no business license issued for
such use at his property and there are several violations of
the Home Occupation Ordinance. On both site visits the
conditions of the property evidenced much construction
materials, debris, storage racks, trucks and dump trucks
parked in the front yard setback and other such evidence that
led staff to believe this property was being operated as a
"construction services with yard". They concluded that the
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parking in the front setback was not temporary and had
occurred on numerous occasions and the condition of the
property had stayed the same through their observation and
site visits. The recommendation to the City Council is to
uphold the Notice To Vacate.
Rick Towne, Appellant, handed out documentation, which
included a folder containing pictures, to the City Council.
President Hotton questioned if the documentation and pictures
were part of Mr. Towne's presentation to the Planning
Commission? Don Pratt, Director Of Community Development,
stated no, however, Mr. Towne did give testimony at that time
that may have covered the material included in the
documentation handed out to Council. To his knowledge, the
pictures were not a part of Mr. Towne's presentation.
President Hotton questioned since some of the materials were
mentioned in Mr. Towne's presentation to the Planning
Commission but not presented, would it be admissible at this
time? Ian 8ievers, City Attorney, stated as long as Mr. Towne
made the argument and introduced the material at a prior
hearing, it would be admissible. President Hotton stated for
clarification then Council could look at the printed material
but not the photographs.
Mr. Towne pointed out the handout material included copies of
the Bill Of Rights and Constitution. At the Planning
Commission hearing, he was told that the Constitution was not
the issue. He acknowledged it may not be the issue, however,
it is the basis for every decision Council makes regarding his
rights; not his neighbors' personal feelings or how many
complaints have been filed, but whether or not it violates his
rights. This issue has been on going for three years between
he and the City. He stressed the fact that he is a sculptor
by hobby and plasterer by trade. Mr. Towne based his
presentation on the fact that the City was trying to take away
his right to pursue a hobby that interrelated to his
profession, which were similar in appearance. He emphasized
he does not want to "take his work home" and does not have a
business phone or office located in his residence. He
acknowledged that he has allowed drywall materials to be
strewn around his house, however, he does use some drywall
materials in his sculptures. He will remove all
references of the company from the house, but he needs Council
to make a definition as to what is a residence and what is
residing in a domicile. He emphasized he would carry this
issue through the Federal Courts if the City challenges his
civil rights. He desires to turn his property into something
beautiful that he and his neighbors would be proud of, but
what he currently has is a form of "art", at least in his
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eyes.
He requested that Council clearly define to the Planning and
Building Departments that he has the right to hobbies at his
home even if they are different. He acknowledged his yard is
a mess and it is a statement, and if it is left alone it could
become a beautiful sculptured garden. He re-emphasized his
civil right to pursue a hobby of his choosing and agreed to
remove all signage except vehicular. He assumed vehicular
signage was allowed even without a Home Occupancy Permit since
there is an official City vehicle parked on a neighbor's
property just below his residence. All tools and equipment
that are apart of his company will be collected, however, he
asked that Council be more definite with their findings. If
it is dangerous to the public's safety, then let them talk to
him about it. Instead, Stop Work Orders are posted and fines
levied against him.
In reference to the 20-foot setback, he previously leveled out
an area so that he could park his vehicles in that area. He
noted of the seven homes located on his street, five of them
also park vehicles within that setback area. He views the
City's actions targeted against him as harassment. In
reference to the dump truck, which has been moved, the
ownership is half his and half his brothers and not a company
vehicle. It is a 1958 truck that is used for private use. He
believes he has the right to have lumber, a concrete mixer and
other kinds of machinery in his yard that do not amount to a
"construction yard". And, he pointed out the City posted his
property improperly as he has two separate lots. He believes
the whole due process was off and should be looked into before
any further action or invasion of his privacy. He pointed out
the wood, wood rack and trailer are located at a Valley Drive
address.
In conclusions, he cautioned Council that they did not have
the full story and if his Constitutional rights are challenged
he would pursue further legal action against the City.
President Hotton. asked if anyone wished to speak in support of
the Appellant...none came forward. President Hotton asked if
anyone wished. to speak in opposition to the Appellant? Don
Pratt, Director Of Community Development, stated he was
speaking in opposition to the appeal. The decision before
Council is whether or not to uphold the Vacation Notice, which
he signed and was posted on Mr. Towne's property, which the
Planning Commission approved and upheld on his appeal. That
Vacation Notice asked Mr. Towne to vacate business use of the
property and to vacate parking in the front yard setback.
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Whether or not the art work is legal and whether or not it
stays is not an issue at this time. The issue only relates to
not having an indication of a home occupation at that site.
The home occupation that they found, which was reflected in
both of the Code Enforcement reports from Shane Jensen,
identified construction debris, ladders, scaffolding, storage
racks, trucks with Wall Sculpture logo on them and numerous
signs that "Wall Sculpture" was located there. There was no
Building Permits on the sites for Wall Sculptures to
fulfilling a contract, occurring on two different occasions
several months apart. Additionally, they found parking
occurring in the front yard setback and an order to Vacate was
given. He urged Council to reject the appeal and maintain
that order to Vacate.
Mr. Pratt notea in Mr. Towne's testimony he agreed that he did
have business material on the site. If Mr. Towne agrees to
remove that material, he will have complied with the order to
Vacate the business use. If he moves vehicles from the front
yard setback he will have complied with the City's order to
Vacate. He stressed no one was addressing, at this time,
whether Mr. Towne's sculpture or sculpture materials were
legal however that may need to be addressed in the future.
Kathleen McCluskev, City Clerk, read letters of opposition
into the record from Richard J. Feek, 4031 Sundown Drive, and
Ron and Mary Anne Cleveland, 3807 Valley Drive. The following
concerns were noted: (1) the "art sculpture"is a blight on
the neighborhood; (2) yard is littered and strewn with soggy
wallboard, dilapidated "castle walls, plaster shapes, garbage,
iron springs, mattresses, old cars, trailers and trucks,
household belongings; (3) lack of concern for public health
standards, residential zoning ordinances and real estate and
aesthetic values of the surrounding homes is highly
reproachable; (4) wallboard has been dumped and buried on the
subject property.
Rick Towns admitted that his property is "a mess", but with
respect to the Health Department and Environmental Protection
Agency it is not pertinent to this issue. He stressed he was
exercising his constitutional rights to enjoy a hobby of his
choosing even though it is closely related to his trade. He
still has a problem with the 20 foot setback area in his front
yard. He did not believe parking on the flat dirt area in the
setback was detracting in any way for the surrounding
neighborhood. He also believed that the setback is public
right-of-way and that he had the right to park there at least
up to 72 hours per incident. If Council finds in favor of the
Planning Commission, he would like an explanation why he
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cannot park in the 20-foot area in front of his home when
everyone else in the immediate vicinity can. His neighbors
brought up the issue of the concrete mixer. He stressed he is
not a concrete contractor, however, he does use a mixer for
his sculptures and is part of his hobby. In reference to the
lumber storage issue, which is located on a separate lot, he
is not a framing or building company. Regarding the sheetrock
buried in the backyard, he noted it is not visible and
decomposes as gypsum mulch, which is a white mineral that
sweetens the soil. He referenced a court case relating to the
buried sheetrock during which the Judge lowered the amount of
fine imposed by the Prosecutor. He did not like being a
"slob" nor wanted to be antagonistic against his neighbors.
He wanted the 20 foot setback issue reversed with the
understanding that it would not be for permanent parking.
Mr. Johnsonquestioned if landfilling practices had decreased?
Mr. Pratt stated no.
Mr. Colvin requested clarification on the front yard setback
issue. Mr. Pratt stated the front yard is defined as the yard
which fronts on a street going through a residential
neighborhood. The Zoning Code prohibits parking within the
first 20 feet of the property line and is to present an
environment of openness and circulation within the front yard
along the street side. Parking is allowed in front yards if
a Variance is obtained through the proper permit processes.
Mr. Colvin questioned if a driveway is part of the front yard
setback? Mr. Pratt stated in this instance they found
vehicles not being parking in a driveway and they were not
personal vehicles. President Morton stated the Zoning text
states that off street parking spaces other than driveways
shall not be located within the required front yard setback
area. Mr. Pratt stated there are many properties in Bremerton
that were developed prior to the current Zoning Code, however,
Mr. Towne has not proven to him that this was the case in this
circumstance.
President Hotton emphasized that the Vacation was only on the
home occupancy usage and parking in the front yard setback.
Council is not ruling on Mr. Towne's art work/sculpture or the
other debris other than for home occupancy usage.
M/S/C(Collins/Fitz) to uphold the Planning Commission's
decision to issue the Notice to Vacate the illegal land use on
the appellant's property.
Vote on motion:
In Favor: Neville, Fitz, Waibel, Horton,
Collins, Dawkins, Johnson
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Abstain:
Motion carried.
Colvin
With no further business meeting adjourned at 6:57 P.M.
KATHLEEN L. , City Clerk
LYNN HORTON, C esident
City of Bremerton
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