HomeMy WebLinkAbout11/04/92TAPE #1068
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
NOVEMBER 4, 1992
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, November 4,
1992, at 5:30 p.m., with Council President Lynn Horton
presiding. Council members present: Lon Overson, Richard
Neville, Eileen Fitz, C. R. "Tiny" Collins, Morrie Dawkins, A1
Colvin, Russ Johnson and Hank Waibel. Also present were City
Attorney Ian Sievers and Acting City Clerk Rich Hanna.
The meeting opened with the Pledge of Allegiance led by
Council President Horton and Invocation given by Councilman A1
Colvin.
#0037
#0054
CONSENT AGENDA
None
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 November 4, 1992, the Council does
approve for payment those vouchers included and further
described as follows: 159428 through 159582 in the amount of
$238,097.24 with the proviso that the City Treasurer will
check on the two checks referenced by Councilman Johnson; and
Retirees Payroll for the period ending October 31, 1992, in
the amount of $91,319.32.
M/S/C(Johnson/Collins) an amendment to the motion to withhold
payment of Olympic Bottled Water bill until further review.
Vote on amendment to the motion:
In Favor: Overson, Neville, Collins, Dawkins, Johnson
Opposed: Fitz, Horton
Abstain: Waibel, Colvin
Motion carried.
Vote on main motion: Unanimous vote.
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COUNCIL MEMBER REPORTS
Mr. Johnson congratulated all participants in the various
election campaigns. He noted Brem-Air Disposal will accept
political signs and posters, at no charge, at their drop box
stations at Olalla, Silverdale and Olympic View Landfill.
Mr. Colvin congratulated all participants in the
election...winners and losers alike for participating in the
democratic process.
Mr. Dawkins congratulated all the voters who turned out for
the election.
Mr. Collins wished all the winners "good luck".
Mr. Neville thanked all the people who participated in the
all-City Halloween Party. He and his family enjoyed working
on this event. He extended a special "thank you" to all the
people who worked at the election polls.
Mr. Waibel reported he had been contacted by several
individuals expressing concern about the landscaping and
embankment protection between the Middle School construction
and the neighborhood. It is his understanding that the
landscaping plan presented in the public hearings is not the
site plan approved by the Planning Commission. He would
review this issue further.
President Hotton reported she attended the Kitsap Regional
Planning Council (KRPC) and various board meetings for the
County this date. During that meeting, they received an
update from representatives to the Puget Sound Planning
Council (PSPC). An announcement was made that starting next
month the minutes of the PSPC meetings will be included in the
KRPC Agenda. On Tuesday, November 3, she attended a luncheon
at PSNS Supply Center where they celebrated the Center's 25th
Anniversary. Lastly, she wished the new incoming elected
officials "good luck".
PUBLIC RECOGNITION
Mayor Louis Mentor read the following Proclamation:
1. Week of November 8-14 1992, as WOMEN'S VETERAN WEEK. Bob
Sauter, RET SGT.Major VFWPost 3694, accepted the Proclamation.
on behalf of women in military services. A copy of the
Proclamation will be forwarded to Washington, D.C. to the
President of Women Military Service Memorial Foundation to be
placed in the archives at Arlington Cemetery.
Mayor Mentor displayed a "Pendergast Regional Park"
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sweatshirt, which will be available for sale at the Sheridan
Parks Recreation Center. He congratulated all the citizens
for passing the City's drug/gang levy on Tuesday. He felt
this made a great statement that the citizens of Bremerton are
very concerned. He thanked Phil Olwell and Otto Speith, who
chaired the Committee and all others who volunteered to
promote the levy. He also extended a special "thank you" to
the City's Fire and Police Departments for their efforts in
promoting and supporting the levy. He participated in the
all-City Halloween Party, appearing as Frankenstein. He
announced Brem-Air Disposal, Inc. will accept campaign signs
and posters at their Sheldon Blvd. facility. In July he
received an invitation from the College Of Environmental
Design at University Of California/Berkeley to attend the
third meeting of the Mayor's Institute For City Design West in
Berkeley, California. The objective of the Institute is to
broaden the prospective of both Mayors and Urban Designers by
discussing the Mayor's role in the urban design process. Each
year approximately eight Mayors from across the western United
States are invited to attend together with a comparable number
of outstanding Design professionals from around the Country.
He has accepted this invitation and was pleased to announce
that it is an all-expense paid trip.
Bob Sauter, VFW Post 3694/Auxiliary, extended an invitation to
the City Council members, Mayor and citizens of Bremerton to
attend the Veteran Day Assemblies to be held at various
schools throughout the City. On Friday, November 6, there
will be two Veterans' Day Assemblies at Olympic View
Elementary School at 9:20 AM and 10:30 AM. On November 5 a
similar assembly was held at View Ridge Elementary School.
Other assemblies are scheduled for Armin Jahr Elementary
School and Sunnyslope Elementary School. ~And, he extended
another invitation to the Veterans' Day Memorial Service at
the Retsil Veterans Home, 10:00 AM.
Don Atkinson, Executive Director Bremerton Main Street
Association, announced they are co-sponsoring, along with the
City and Chamber Of Commerce, a program on November 12, 7:30
AM, at Melody Lane Restaurant. The intent of that meeting is
to give the business community or community at large a first
hand update on the matters of violent crime, gang and drug
activities. Police Chief Del McNeal will lead the discussion
at this meeting. As a part of this program, Main Street will
give a progress report on a "lighting" effort they have had
underway during the past six weeks.
Steve Sturlau~son, 2349 Trenton Avenue, expressed concern over
landscaping activities currently underway at the Middle
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School. When the proposal came about for building the
Bremerton Middle School, there was a plan submitted by the
architects for the re-landscaping of that area. That
landscaping included a mix of Conifers, Douglas Firs, Silver
Firs and Norway Spruce. It also included shrubbery regrowth
of Red Elderberry, Snowberry, Cascade Oregon Grape and Salal.
It was learned on Monday, November 2, through the Building
Department and through Richard Best that the plans had been
switched during the approval of the Building Permits for that
site and that the plan the Bremerton School Superintendent has
and the one that the Building Department has is not the
original plan that was approved or proposed. There was to be
ground cover applied of hydro seed supplied by Weyerhaeuser
and prior to its being applied there was to be top soil
applied to the glacial fill that was used on site for building
a 55 foot bank on the alley adjacent to Trenton Avenue. When
Mr. Sturlaugson talked to the contractors on site they said
that the landfill top soil was not to be applied, they did not
have time. The erosion from September of this year, which
presented one foot+ deep erosions into the landfill, were not
corrected or re-backfilled, nor was top soil applied prior to
hydro seeding. He requested the City Council meet with the
Planning Department and apply some type of pressure to review
the contracts that were given to the Middle School contractors
on how the plans were switched and why the plans that were
originally proposed were not complied with. President Hotton
requested the City Attorney to look into not only this
instance, but others as well where what was approved had
apparently not gone into effect. Councilman Neville has
another zoning issue concern and she felt Council needed some
response back from the Planning Department and Mayor's office
as to what exactly has happened. There does appear to be some
direct conflict with the City's Zoning Ordinances and City
rules and regulations. Mr. Johnson noted this had happened
more than once and wanted to make sure that when land use
decisions are made there are some very severe penalties
imposed if someone "cuts corners" later on. Mr. Waibel stated
what seems to be happening is that a beautiful presentation is
made during the open meetings and hearings but that is not
what has been presented at the time of final permitting. Mr.
Johnson stated he would like to see some language in these
decisions that will guarantee enforcement. President Hotton
requested a response from the City Attorney within the week,
especially if work is currently going on at the Middle School.
Mr. Waibel stated there is some real potential for erosion
damage.
Gordy Byrd, P.O. Box 930, reported on the successful Halloween
event held at the Kitsap Mall. He urged the public to support
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local food banks and other charitable organizations during the
holiday season.
Don Larson, President Kitsap Diving Association, stated he has
been working on an underwater park project for the past two
years. The Washington Scuba Alliance group has been formed and
involves eight Dive Clubs plus some individual members. One
of the things this group is planning for next spring is to
work withAmerican Oceans Campaign out of California. As part
of working with that group, Mr. Larson submitted a
recommendation to schedule an event, at the First Street Dock,
which will be discussed at the Washington Scuba Alliance
meeting on December 7, 1992, 7:00 P.M., at the Wheelhouse
Restaurant. Today, he received a letter from the Department
Of Ecology (DOE) saying they could not be a lead agency for an
underwater park proposal, but they would be willing to work
with a local government on items that are under their
jurisdiction. They also indicated the Dive Club could get a
grant by working with a local government. The Alliance group
was recently contacted by a firm out of Port Angeles about the
possibility of making an artificial reef out of recycled
glass. He passed on to the Council the letter from DOE and
requested that it be forwarded to the Parks Commission. He
did receive a letter from the Parks Commission questioning how
to proceed in development of an artificial reef project. Mr.
Larson preferred the idea of using an old ship for an
artificial reef.
Roy McInnis, 2711 Maple Street, stated he definitely was not
against some method of providing funding for additional
policing and he was present at a Council Study Session when
the issue of a Law Enforcement Levy came up. He questioned if
the citizens of Bremerton are aware that the need for this
type of additional funding is not something that will go away
after one year. He emphasized it will be the Council's
responsibility to closely monitor and insure the levy produced
dollars are specifically used for the purpose it is being
collected. There have been many cities across America that
funded programs to fight crime, drugs and gang activities and
a one-year funded program will not rid an area of such
activity. He was not too sure that a 6-8 man unit will be
enough force against such activity. It will take unity within
the community along with law enforcement agencies to make any
progress against such crimes. President Hotton stated the
Mayor's proposed 1993 budget reflects the Law Enforcement Levy
funding randomly within the Police Department budget. She did
talk with the City Treasurer about pulling those dollars out
and establishing a special fund so they can be tracked as to
how they are spent. At this point in time, the tenure of the
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City Council is to make sure Council can track those funds and
see that they are spent on what the voters approved.
8A - PUBLIC HEARING: MAYOR'S PROPOSED 1993 COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM PROJECT RECOMMENDATIONS,
#AB92-272
Each year the Mayor submits recommendations for use of
Community Development Block Grant (CDBG) funds to the City
Council for consideration and public hearing. These
recommendations are based on an application process open to
the public and applicant interviews conducted by the Mayor's
CDBG Advisory Committee and City Staff.
City Council review and approval of the annual CDBG Program is
required prior to the City submitting its annual application
to HUD.
President Horton noted Mr. Waibel stepped down from this
issue.
Mayor Louis Mentor stated he was pleased to present the 1993
CDBG Program recommendations to the City Council. These
recommendations reflect the Advisory's recommendations to him
based upon their review of the proposals and interviews with
each project applicant. The Advisory Committee members are
Anna Laurie, John Helck, Cecila Beamish and Laura Flanigan.
Twenty one applications for nearly $800,000 were submitted and
only $496,480 is available for project in 1993. If the City
had received sufficient funds, all projects submitted would
have been funded because they were all good projects. He also
mentioned that Kitsap County will be an entitlement County for
CDBG in 1993. This means that Bremerton will give up its CDBG
entitlement status, which allow the County to receive
approximately 1.5 million dollars that will be split up
throughout the County. Today, at the Kitsap Regional Planning
Council, the Kitsap County Commissioners and other Mayors
unanimously agreed that Bremerton's 1993 program will be
honored. These groups are also unanimous that Bremerton, with
the experience over the past 10 years, will administer the
County-wide program.
Carol Dickinson, Development Manager, stated the City has
approximately $496,000 that will be allocated toward 1993
projects. That figure is based on an entitlement estimate of
$400,000 from the Federal Government plus $96,000 in
reprogrammed funds from this past year. The majority of those
funds were in rehab loan repayments.
Out of the City's entitlement, the City is allowed to use 15%
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or $60,000 for social services and those funds have been
allocated. In addition, the City is allowed to use up to
$80,000 for planning and administration activity. both of
those funds go to pay for staff and direct activities related
to administering the Block Grant programming compiling with
the 20-years worth of regulations and interpretations and
reports that are written. In addition, $10,000 will be used
for a planning element related to the Growth Management Plan
and housing. The City is allowed to use some funding for
capital projects, the bulk of which must go to projects that
directly benefit low income people...primarily housing
projects. The $96,000 that was generated in program income -
due to a change in the Block Grant rules adopted by Congress
last year, are available, up to 15% of that amount, for social
services as well. She stressed staff listened very closely to
what Council stated during the 1992 Block Grant hearings that
it was desired to have some social service monies directed to
projects that would provide intervention or prevention
services to people so that they would not fall out of the
safety net and end up on the street or totally without food.
The 15% of program income monies have been directed to
intervention/prevention services per Council's suggestion.
The remaining amount of those funds have been allocated to
projects that fit the direct benefit category. Therefore, the
City is in compliance with Congressional mandates as to what
types of projects and how much money can be spent on different
activities.
As the Mayor stated, if the City had adequate funding all
projects submitted would have been funded. She stressed how
important a role the Advisory Committee plays in this process.
Mr. Johnson questioned if the City would have program income
in the future.? Ms. Dioklnson stated in the future the City
will have program income that will be added to the County-wide
allocation. Mr. Johnson questioned if the City would still
retain control of the program income? Ms. Dickinson stated
that was correct. There are many steps to be taken to get the
County-wide program started and she will be discussing this
with each of the Council Committees. She found it very
gratifying that the County Commissioners and other Mayors gave
their support for Bremerton to manage the program. President
Hotton emphasized the City of Bremerton will be handling the
administration of the Block Grant Program, but the function
currently carried out by Council will be turned over to Kitsap
Regional Planning Council. Mr. Johnson stated he understood
what was being stated, however, program income was City of
Bremerton money. He did not want City assets to get mixed up
with the new proposed process. Ms. Diokinson stated Block
Grant money is Block Grant money and by virtue of the City
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giving up its entitlement status it also gives up the claim to
specifically and separately control program income. Those
program income funds generated will go on top of the County-
wide entitlement to be allocated. President Hotton pointed
out past Block Grant allocations will still need to be managed
and controlled and Ms. Dickinson will have that
responsibility.
SUMMARY OF MAYORwS 1993 CDBG RECOMMENDATIONS
SOCIAL/PUBLIC SERVICES
(15% of $400,000)
(15% OF Program Income)
REOUESTED
RECOMMENDED
Dispute Resolution Center
Lutheran Social Services
KCAP-Homeless Mgmt.
Community Clinic
Literacy Council
Bremerton Foodline
Chuckwagon Meals
YWCA Alive Shelter
Project Family
$13,785
9,000
$ 8,000
38,000
12,265
(Continued) REOUEST
7,700
10,500
39,926
15,110
$168,226
-0-
-0-
$ 5,000
25,000
7,500
RECOMMENDED
7,700
7,700
14,072
7.500
$74,472
PLANNING AND ADMINISTRATION
(20% OF $400.000]
DCD Housing Element
DCD 1993 CDBG Admin.
$ 12,000 $10,000
72,000 70,000
$ 84,000 $80,000
CAPITAL PROJECTS & PROGRAMS
$260.000 ENTITLEMENT AND
$82,008 PROGRAM INCOME
Easter Seals
1993 Housing Admin.
KCAP Weatherization
1993 Rehab Loan Program
YWCA Rehab Project
Community Resource Center
Portal At 4th & Washington
More Learning Thru Hope
$ 30,500 $30,500
68,500 68,500
113,070 113,070
150,000 97,932
10,856 10,856
21,150 21,150
44,000 -0-
53,690 -0-
$491,766 $342,008
The following individuals spoke in support of their
application for Block Grant Funding: YWCA A.L.I.V.E. Program
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- Judy Bennett, Director as well as Lillian, a client from the
ALIVE Shelter; Kitsap Community Action Program/Emergency
Housing - Betty Griggs; Hospice - Don Tarbutton, Executive
Director; Chuckwagon Meals -Julie Pounds, Executive Director
of Bremerton Services Association; Kitsap Sexual Assault
Program - Tom Stokes, Child Protective Services, Brenda
Barrens, Social Worker/Harrison Hospital, Martha Waistcoat,
Director of Kitsap Sex Assault Center; Dispute Resolution
Center - Dorothy Lint; Kitsap Community Clinic - Mary Scott;
Kitsap Project Family - Karen Thompson; Literacy Council -
Helen Achterman, Executive Director; Bremerton Foodline -
Dorothy McKenzie, Co-Director;
TAPE #1069 Community Resources Center, Reverend Larry Robertson, Emanual
Apostolic Church; Kitsap Community Action Weatherization
Program - Mary Brewer, Manager Assistant; 4Th Street Portal -
Steve Rice, Architect; Learning Thru Hope;
Planning/Administration Project( writing the housing element
for the City's Comprehensive Plan - Don Pratt, Director Of
Community Development; Housing Administration Program - Carol
Dickinson, Development Manager.
Mr. Collins stated he understood the Hospice request could not
be funded under Social Services, but questioned since it was
actually for capital improvements to their particular service
could it qualify under Capital improvements? Ms. Dickinson
stated the Hospice program and service provided is technically
defined as a Social Service and although the piece of
equipment is "capital" to their budget, it is not considered
a capital project per Block Grant rules and definitions. Mr.
Collins stressed the same situation exists under KCAP's and
YWCA Rehab requests? Ms. Diokinson explained the YWCA Rehab
and KCAP's requests would be actual physical improvements to
a structure, which is clearly a capital project per definition
by Block Grant.
Mr. Overson expressed concern over a very large disparity
between the request size and percentages allocated under
Social Service, particularly when compared with capital
projects. He questioned if Ms. Dickinson saw anything in the
future where those percentages could be corrected? Ms.
Diokinson stated every year she and fellow Block Grant
colleagues across the nation implore our Federal
representatives to Congress to change the rule and allow
spending more than 15% of entitlement towards Social Services.
In 1992 they were able to get them to move a little and allow
15% of City program income to be applied toward Social
Services. Mr. Overson encouraged Ms. Dickinson to keep that
pressure on because the needs in the area of Social Services
are too great. He did not understand the large funding for
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Easter Seals considering the fact they are supported by a lot
of organizations. Ms. Dickinson explained actually the Easter
Seal Society and the projects they submitted for consideration
is not something that is supported by other funds nationwide.
Easter Seal Society Of Washington recently won an award
because they were the first program and project of their kind
to find money to make physical changes to peoples homes to
add roll-in showers, lower kitchen sinks, and add ramps to
exterior of homes. Mr. Overson pointed out the "description"
of the project did not explained it adequately and identified
providing for travel, training, project management and
personnel costs. Ms. Dickinson explained Easter Seals
received Block Grant funding in Kitsap County for the first
time last year, which they used to add wheelchair ramps to the
front of homes, roll-in showers, etc. They have a waiting.
list of people they were not able to serve in 1992, which will
more than use the $30,000 they requested for 1993.
Mr. Colvinquestioned if Hospice had ever received Block Grant
funding? Ms. Dickinson stated Hospice and all the other
agencies are all considered eligible and there have been times
when they have received Block Grant funding. It is made clear
to each applicant because they receive Block Grant funding one
year does not guarantee that they'll receive funding the
following or subsequent years.
President Hotton thanked the Advisory Committee for their
deliberations and taking into consideration Council's request
voiced last year. If we don't get a handle on the issues
before they become problems, we will never mount the charge.
She believed intervention and prevention is the best approach.
#0563
M/S/C/U(Johnson/Collins) motion to authorize the Mayor to
submit to HUD an application for 1993 Community Development
Block Grant funds consisting of the projects and allocations
approved by same; to authorize the Mayor to accept 1993
Community Development Block Grant funds authorized by HUD; and
to authorize the Mayor to execute contracts with Subgrantees
for the use of those funds. The City Council further directs
the City Treasurer to administratively distribute Community
Development Block Grant funds in the 1993 City Budget.
Councilman Waibel returned to the Council Chambers.
6A - PROFESSIONAL SERVICES CONTRACT FOR BROKER SERVICES WITH
WILLI8 CORROON CORPORATION OF SEATTLE, #AB92-267
The City's existing contract for broker services terminates
December 31, 1992. Since ongoing services are necessary for
#0682
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the City to secure insurance coverage at the lowest possible
cost, requests for proposals were solicited in August, 1992.
Five proposals were received and the top three firms have been
interviewed. The review panel selected Willis Corroon of
Seattle as the preferred source for broker services. This
firm also submitted the lowest fee quotation of $20,000 per
year.
PeggyLessor, Risk Manager, stated the contract is designed to
replace an existing contract that expires December 31. The
City has had a contract with this provider for a number of
years. Following a request for proposals and interview
process conducted by a panel, a unanimous recommendation was
given for Willis Corroon Corporation. She urged Council to
approve the contract as presented.
Public comment - none.
Mr. Dawkins questioned the number of proposals submitted? Ms.
Lessor stated six.
Mr. Overson stated he had observed some of the interaction
between the City and this firm and felt this was an excellent
agreement that has worked very well for the City in the past.
M/S/C/U(Overson/Neville) motion to approve the professional
services agreement with Willis Corroon Corporation of Seattle.
6B - EOUIPMENT RENTAL RESERVE BUDGET ADJUSTMENT FOR PURCHASE
OF A STREET SWEEPER, #/%B92-268
The 1992 budget did not include authorization for purchasing
a new sweeper.
Fleet Maintenance has obtained an "intent to purchase"
agreement for our existing 1988 Athey Sweeper for a premium
price of $38,000.00 as long as we can deliver within
approximately 45 days.
Our existing sweeper has sustained high hours and mileage due
to extensive use and is now costing us extremely high repair
bills. Fleet Maintenance estimates additional repair bills in
excess of $7,000.00 within the next 12 months (total cost of
repairs for the past 4 years is over $60,000.00).
Ken Brees, Public Works Operations Manager, stated for
clarification the $7,000 anticipated expenditure did not
include the broom cost. The $60,000 over 4 years does include
approximately $18,000 for brooms.
#0781
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Public comment - none.
Mrs. Fits stated this was reviewed by Fiscal and Budget
Committee and in the presentation she understood the proposed
piece of equipment is a different make than what the City
currently has. Mr. Brees stated the proposed piece of
equipment has some advantages over the City's current vehicle.
The water tank on the new equipment would be removable, which
would allow for easy repair and/or replacement as well as
other improvements made over the past five years.
Mr. Overson noted comments from the City Treasurer states that
if the old equipment is not replaced at this time it is
proposed for replacement in 1993.
M/S/C(Overson/Fitz) to adjust Equipment Rental Reserve budget
to allow for purchase of a new sweeper.
Vote on motion:
Motion carried.
In Favor:
Opposed:
Overson, Neville, Fitz, Waibel,
Horton, Dawkins, Collins, Johnson
Collins
6C - INTERGOVERNMENTAL AGREEMENT TO PURCHASE ONE (1) ELGIN
EAGLE F RIGHT SIDE HIGH DUMP 8WEEPER WITH OPTIONS, #AB92-269
The Street Department requests approval for the City of
Bremerton to enter into an intergovernmental agreement with
the State of Oregon for the purchase of one (1) Elgin Eagle F
right side high dump sweeper with options.
The cost of this sweeper is not included in the budget,
however, Equipment Rental Reserve has adequate funds
available.
Ken Brees Public Works Operations Manager, stated the City
received two quotes from two vendors on existing bids, one for
$122,000 and one at $115,000. The City was offered a $30,000
trade-in on the first offer of $122,000. The City has the
opportunity to sell the exiting sweeper outright for $38,000
and take advantage of the lower price of $115,000.
Mr. Waibel stated the City is not tied into a trade-in but are
tied in to getting some money for the existing sweeper. He
questioned if it would be a good idea to surplus the equipment
as a part of this transaction. Mr. Brees stated yes, it
should be part of the process.
Mr. Nevillequestioned on the 2-years parts/labor warranty, is
this to be serviced out of Oregon? Mr. Brees explained the
#0894
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vendor is located in Seattle, however the bid being used
originated in the State of Oregon. State law allows the City
to utilize other bids. Mr. Neville noted the subject piece of
equipment is an American made machine.
Public comment - none.
M/S/C(Waibel/Overson) to authorize the Mayor to enter into an
intergovernmental agreement between the City of Bremerton and
the State of Oregon for the purchase of one (1) Elgin Eagle F
right side high dump sweeper with options; and to surplus the
the existing 1988 Athey Sweeper.
Vote on motion:
Motion carried.
In Favor: Overson, Neville, Fitz, Waibel,
Horton, Dawkins, Colvin, Johnson
Opposed: Collins
7B - ORDINANCE NO. 4394 (SECOND READING) LEVYING PROPERTY
TAXES FOR COLLECTION IN 1993, #AB92-265
Rich Hanna, City Treasurer, explained a revised copy of the
Ordinance was provided to Council, which does differ from the
Ordinance approved on first reading. This revision was
brought about as a result of the voters passing a Law
Enforcement Levy increasing property tax revenue in the amount
of $450,000, which necessitated increasing the levy Ordinance
in the amount of $.41869 per thousand.
Public comment - none.
M/S/C/U(Waibel/Dawkins) with the addition of the Law
Enforcement Levy fund approved by the voters on November 3 and
which were to be a part of this Ordinance on first reading
and are now included that we pass Ordinance No. 4394 on second
reading, levying Municipal Taxes against all the taxable
property within the City limits of Bremerton for the year 1992
and approving the assessment roll made by the Assessor of
Kitsap County, therefore to be collected in the year 1993.
8B - PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DECISION;
NOTICE TO VACATE ILLEGAL USE (JUNKYARD), #AB92-273
A. On August 26, 1992, an administrative order to vacate an
illegal use at 2304 15th Street was issued (Exhibit A);
B. On August 27, 1992, a request for review of the order to
vacate was made (Exhibit B). Subsequent to this request,
Findings and Conclusions were issued (Exhibit C);
C. On August 27, 1992, an appeal of the Directors decision
was filed (Exhibit B);
D. The appeal was heard before the Planning Commission on
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September 15, 1992. The owners submission (Exhibit D),
staff report (Exhibit E), and minutes (Exhibit F) are
enclosed. The Planning Commission voted to uphold the
Director's decision;
On September 29, 1992, a request for review and appeal
was filed regarding the Planning Commissions actions
(Exhibit G). Appeals of Planning Commission actions go
before the City Council. The Council has four options:
Affirm the Planning Commission decision;
Reverse the Planning Commission decision;
Modify in whole or in part the Planning
Commission decision; or
Remand the matter to the Planning Commission
for further consideration.
The burden of proof is on the appellant.
President Hotton asked the "Appearance Of Fairness/Conflict Of
Interest" question with all Council members being seated.
Don Pratt, Director Of Community Development, stated there has
been an element of negotiation taking place just prior to this
item coming before Council. He is prepared to agree that
before he makes any other finding that a vehicle can be
considered as "junk", which is one of the basis for his
findings that a junk yard existed at the subject site, he
acknowledge that it probably needs to go through a test as to
whether or not it is legally operable on City streets· He did
not do such a test and he is more than willing to carry out
such a test. He will not, however, agree that is the total
calling on this site for a junk yard. In the future, if
automobile bits and pieces are stored on the site he will act
on them regardless of whether or not they are vehicles· On
that basis, he did determine this was a junk yard based on 3-4
vehicles.
Rex Garland, Attorney representing the property owner, stated
it was his understanding that there is an agreement that no
operable vehicles will be required to be removed from the
subject property· Mr. Pratt emphasized provided the vehicles
are legally parked and operable on City Streets· Mr. Garland
stressed this issue is not dealing with a parking order· An
off-road, high clearance, vehicle should not be a problem· If
the Council approves the Director's order to be modified with
that agreement, then the issue is resolved to his
satisfaction. Ian Sievers, City Attorney, stated the Director
can settle this matter by agreeing to modify his Notice to
Vacate, which Mr. Pratt has stated and the appellant can
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withdraw the appeal. President Hotton stated there is still
another issue - the matter of shuffling vehicles from the
property to the street and from the street back to the
property, which has occurred. Some how that issue needs to be
addressed. Mr. Pratt stated sometimes enforcement actions
come in small isolated steps. There has been discussion with
the property owner regarding parking and there have been
parking violations within the area. There is partly a
question as to sight of distance regarding oversized vehicles
being parked on City streets and that issues does before the
Traffic Safety Committee on November 5 to determine how that
issue can be resolved. There are a series of little steps
taking place in that neighborhood. President Hotton
questioned if there are vehicles lined along the street, what
happens if those vehicles go back on the subject property?
Mr. 8ievers stated that apparently will not be resolved
through this appeal because this appeal is whether this
particular section of the Zoning Ordinance has been violated.
President Hotton stated but if there are vehicles that go back
on the property in whatever capacity, then what happens? Mr.
Sievers if there are other violations, such as storage of
vehicles on the street or other Zoning violations for storage
or parking of an excess number of vehicles or parking vehicles
in front yard, those violations will have to be cited and
started in a separate process.
Mr. Waibel questioned if the subject site had a Business zone?
Mr. Pratt stated the subject property is zoned residential and
the owner has established the continuing non-conforming use of
automotive repair shop on the site.
President Hotton restated there were vehicles on the site and
now there are a lot of vehicles parked along the street. She
questioned what happens if those same vehicles go back on the
site? Mr. Pratt stated if they go back on the site and are
parked out of the setbacks and they are operable on City
streets or if off-road vehicles are stored in the right places
in yards, then those vehicles will not be classified as junk.
President Hotton stated she was under the impression under the
Zoning Ordinance that the City was not allowing vehicles to be
parked in front or side yard setback unless it was a driveway
or appropriate appurtenant. Mr. Pratt stated that was correct
also, we can require proper surfacing in order to park
vehicles. Mr. Sievers stressed the point of this appeal is
that the property owner did not receive a Cease and Desist
Order that is appealable or a Notice To Vacate for parking
vehicles in the front yard, rather it was for operating a junk
yard. He did not believe the City could uphold the Vacation
Order because that was not the basis for the Vacation Order.
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On those additional violations it may well happen tomorrow but
is not the basis of the subject order. President Hotton
stated for clarification then as long as a vehicle is operable
in some fashion it is not considered junk regardless of what
the vehicle looks like. Mr. 8ievers stated that is the
definition we have for junk yard. The "junk car" ordinance
may be the more direct approach to this matter because it has
a five step criteria that the Police Department follows.
Those five criteria are the same as those used by the State
Patrol - legal equipment, operating conditions, more than
salvage value, registration, etc. If a vehicle does not meet
that check list, then it can be towed by the City off of
private property. Mrs. Fitz questioned what about licensing?
Mr. Sievers stated that was one of the criteria in the Junk
Vehicle Impoundment Ordinance.
President Horton stated it appears Council will not be
debating the issue whether or not the subject site is a junk
yard. But, she alerted Mr. Pratt, Mr. Sievers and Mayor
Mentor that this is a problem area and she was sorry that the
owner had not been a good neighbor. She believed it behooves
the City of Bremerton to address this issue and make sure that
the property owner is a good neighbor as it is not fair to the
surrounding neighbors nor the rest of the citizens of
Bremerton.
Mr. Waibel questioned if the property owner had property City
business license, proper parking, etc? Mr. Pratt stated he
could answer "yes" to most of those concerns and several of
those issues were key when they were debated a year ago on a
similar notice on this site. President Hotton stressed there
may be no recourse on this issue, but she is extending a
personal appeal to the owner - clean it up!
Mr. Collins questioned if this business would withstand a
Puget Sound Air Pollution Control inspection? Mr. Pratt stated
he could not answer that question. There are numerous
regulations and ordinance that any business or use is required
to adhere to and he can only hope he has done each and every
one for this business and if not he will strive to do so.
Mr. Overson questioned why three traffic collision reports
were included in the documentation provided to Council? Mr.
Garland stated they were included to illustrate that a vehicle
that is considered not very pretty could have become that way
due to very serious speeding problems in the location of the
subject property that resulted in damage to the subject
vehicles. He emphasized the subject vehicles were parked and
smashed into by people speeding down 15th Street and it causes
the vehicles to look very bad. Mr. Overson questioned if
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other people parking along that section of street experienced
accidents as well? Mr. Garland stated he was aware that other
people residing in that area have complained about the
speeding and safety on 15th Street. Mr. Overson pointed out
there were no other substantiating reports included in the
Agenda packet. Mr. Johnson stated maybe that section of
street should be posted "No Parking". Mr. Garland related an
incident in the subject area where a school bus stopped and a
motorist in haste sped by it, treating it like a thoroughfare.
President Hotton stated 15th Street is a thoroughfare - it is
specifically for a thoroughfare to facilitate the 13th Street
by-pass by Olympic College. She suspected there should not be
any parking on that street and maybe that should be a
recommendation to the Traffic Safety Committee. Mr. Johnson
requested the Traffic Safety Committee and Risk Manager be
notified to look into that situation so that the City is not
causing a liability.
Mr. Pratt emphasized there is no action - the appeal has been
withdrawn.
President Hotton called an Executive Session at 8:15 P.M., in
the Council Conference Room. The topic discussed was "real
estate".
Council returned to Council Chambers at 8:30 P.M.
6D - TO CONSIDER A LETTER OF INTENT FOR ANNEXATION OF THE
HASELWOODANNEXATION AREA INTO THE JURISDICTION OF THE CITY OF
BREMERTON, #/~B92-270
This is the initial step using the Petition Process to annex
the area designated as the Haselwood Annexation Area into the
City of Bremerton. According to the state statutes (RCW
35.13,125) the Council is to determine:
1)
2)
3)
Whether the City will accept, reject, or geographically
modify the proposed annexation;
Whether it will require the simultaneous adoption of a
comprehensive plan and land use designations for the
area; and
Whether it will require the assumption of all or any
portion of existing City indebtedness by the area to be
annexed.
Councilman Morrie Dawkins stepped down from this issue.
Terrie O,Neill, Municipal Services Coordinator, explained the
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area proposed for annexation is bordered by the City Limits on
two sides. The northern side is bounded by "K" Street, also
referred to as Werner Road or Loxie Egans. On the western
side of the area is bounded by two lots which front on Union
Avenue. South of the proposed site are two large industrial
operations and to the east is State Route Three (SR-3).
This letter of Intent is the initial step employing the 75%
process to annex territory, which is the most commonly used
method of annexation. This area consists of 8.6 acres, has
one business and no residential population. All utilities are
available, including natural gas, sanitary sewer, refuse
services, electricity, water and telephone.
The assessed value of the annexation area is $1.2 million
dollars.
Public comment - none.
M/S/C/U(Waibel/Fitz) to approve the Notice of Intent.
M/S/C/U(Waibel/Johnson) to require simultaneous adoption of
land use designations for the area as specified in the West
Hills Area Plan, adopted February 8, 1990 as part of the City
Comprehensive Plan.
M/S/C/U(Waibel/Collins) to require the area to assume a
proportional amount of existing City indebtedness.
6E -ANNEXATION AGREEMENT --WEST HILLS BETWEEN HMI/HASELWOOD
AND CITY OF BREMERTON, #]~B92-271
The attached agreement is a revision of an agreement earlier
entered into by the City of Bremerton and HMI Corporation for
the annexation of certain properties situated in the West
Hills annexation area and owned by Charles and Joanne
Haselwood. That agreement provided that the City would quit
claim the Kitsap Mental Health property to the Haselwoods.
The revised Annexation Agreement substitutes a cash payment of
$106,000 for the transfer of the Kitsap Mental Health
property.
Councilman Morrie Dawkins stepped down from this issue.
Public comment - none.
Mrs. Fitz questioned the correct usage of the word "transfer"
in the last sentence of the summary statement and whether it
should be replaced with "in lieu of"? Ian Sievers stated "in
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lieu of" was better language.
Mr. Collins questioned if there was some way to state that the
$106,000 is equal to the appraised value of the Mental Health
property? Mr. Waibel noted it could be part of the record.
Mr. 8levers stated that would not be necessary because the
payment was in lieu of transferring any ownership in land.
Mr. Collins expressed concern that people will ask why did
Council take this action. Mr. 8levers emphasized the City is
not selling or buying property in this instance, simply making
a cash payment the consideration.
M/S/C/U(Waibel/Fitz) to approve revised Annexation Agreement.
7A - ORDINANCE NO. 4392 (SECONDREADING), VACATING PORTION8 OF
YANTIC AVENUE RIGHT-OF-WAY NORTH OF THE INTERSECTION OF PATTEN
AND HARTFORD AVENUES, #AB92-183
Councilmen Morris Dawkins and C. R. "Tiny" Collins stepped
down on this issue.
Public comment - none.
M/S/C/U(Johnson/Colvin) to pass Ordinance No. 4392, on second
reading, vacating portions of the Yantic Avenue right-of-way
north of the intersection of Patten and Hartford Avenues.
With no further business meeting adjourned at 8:40 P.M.
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KATHLEEN L. McCL~KEY, City Clerk
Ly~~HORJTON~,~
Council President
City of Bremerton
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