HomeMy WebLinkAbout12/23/91TAPE #980
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
JAN 8 - 1992
#0036
#0052
DECEMBER 23 1991
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, Monday, December 23,
1991, at 5:30 p.m., with Council Vice President Morrie Dawkins
and President Lynn Horton presiding. Council members present:
Lon Overson, Spencer Horning, Hank Waibel, C. R.
"Tiny"Collins, A1 Colvin and Russ Johnson. Councilman Wayne
Estes was absent. Also present were Acting City Attorney
Leila Mills and City Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by
Council Vice President Dawkins and Invocation given by
Councilman A1 Colvin.
CONSENT AGENDA
A. Minutes Of Meeting - December 11, 1991, #AB91-313
Bid Award Recommendation - Asphalt/Paving Products
And Services For 1992, Awarded To Ace Paving In The Amount
Of $102,310.00; And Road Excavation And Utility
Adjustments awarded to RV Associates In The Amount Of
$75,175.00
M/S/C/U(Waibel/Overson) 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/Waibel) on December 23, 1991, the Council does
approve for payment those vouchers included and further
described as follows: 141488 through 141670 in the total
amount of $241,701.12.
COUNCIL MEMBER REPORTS
Mr. Johnson wished everyone a "Merry Christmas" and hoped
everyone would drive safely and soberly.
Mr. Colvin read into the record a letter of "thanks" to all
City employees, managers and those serving on volunteer boards
and commissions.
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Mr. Oollins stated his family had everything prepared to
celebrate Christmas in the traditional way and hoped everyone
has a Christmas in their tradition the same as they have in
theirs. And, he extended a special wish that next year will be
a year of peace, gratitude and become more loving of each
other.
Mr. Overson recommended that anyone looking for some fun
entertainment should take the time to look at the many
Christmas light displays around the City. He wished everyone
a happy, healthy and safe holiday season.
Mr. Horning wished everyone a "Merry Christmas" and
congratulated Ian Sievers, City Attorney, on the birth of his
son, Brent Collin.
Mr. Waibel joined in with "seasons greetings" to everyone. He
reminded everyone a year ago there was a focus on the Middle
East and war activities and he looks to the new year for
greater and continued peace.
Mr. Dawkins stated this time last year locally we were
experiencing snow and icy weather and he was enjoying the much
milder weather this year. He stressed the importance 0f
spending time during this holiday season with loved ones.
PUBLIC RECOGNITION
Mayor Mentor reported he attended the Toys For Tots Sunday
event at the Kitsap Pavilion, where several thousand children
received toys and gifts. KBRO and Kitsap Transit filled up a
Kitsap Transit bus with food plus $2-3,000 in cash to buy food
to be distributed through local food banks. He wished
everyone a "Merry Christmas" and handed out Candy Canes to
everyone present.
JerryReid, President Bremerton Area Chamber Of Commerce, read
a letter into the record reflecting the Chamber's Board of
Directors views on the proposed location of a Pre-Release
Facility in Bremerton. They urged Council members to seek'an
alternative site that is not located in the heart of
Bremerton's last undeveloped residential area. Pope
Resources, who own more than 60,000 acres in Jefferson and
Kitsap Counties, offered to discuss a more appropriate
location for such a facility on one of their other properties.
On a personal note, Mr. Reid questioned the composition of the
citizen advisory committee for locating the Pre-Release
Facility in Bremerton and their function. He was not pleased
with the role/influence to that committee of one City Council
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member, who is not an official member of that advisory
committee. Mr. Reid was concerned that public input was not
sought out on such an important issue. Mr. Collins noted it
was only last week that he learned there was a committee
formed that was selecting a site for a Pre-Release Facility.
He was not knowledgeable as to how individuals were appointed
to such a committee. Mr. Johnson stated he was happy to see
the Chamber Of Commerce taking the position of opposition in
placing such a facility in the Kitsap Lake area as he shared
a similar view. It is his understanding that a representative
from the Department Of Corrections requested some assistance
from Council President Horton to locate interested local
people, on both sides of the issue, so that they could enter
into some discussions and find a site for such a facility.
President Horton contacted Mr. Johnson and requested
assistance in finding some individuals to serve on that
committee. At that time, one of the purposes of that
committee was to look at alternative sites. His personal
position is that a Pre-Release Facility in Kitsap County would
probably be the preferred kind, if placed in a proper
location. He emphasized he would do everything in his power
to make sure that such a facility would not be located in the
Kitsap Lake area. Mr. Colvin emphasized the City Council as
a whole has not taken a position on this issue and he believed
it was time that Council made a declaration as to their
position on such a facility. Earl Butt, 6410 Lake Drive,
Chairman of the Pre-Release Advisory Committee, gave a run
down on the make up of the advisory committee and how he was
appointed to that committee. Doreen Geiger, Department of
Corrections, brought the committee together in August, 1991.
Three sites were presented, one near Bremerton Air Port, one
at Gorst and one at the end of Werner Road. Nine individuals
were appointed to this committee and as Mr. Reid mentioned, a
member of the Bremerton City Council had attended every
committee meeting except one. When the committee commenced
discussions, all three proposed sites had been investigated
and two of those sites (one near Bremerton Airport and the
one by Gorst) were not suitable to the State's criteria, i.e.,
lack of utilities. Effort was then centered on the site at
the end of Werner Road and;he was present at the time of the
vote to initiate the E.I.S., which he supported in the
affirmative. His understanding of an E.I.S. is that it is a
study of a property in all facets, environmental, economic,
utilities, etc. And, it was his understanding that it would
be good for the community to get an E.I.S. for such a project
A benefit of upgrading the City's sewage treatment plant was
part of the discussion if the proposed site was selected for
location of such a facility. In response to comments that a
residential development was planned for the ~rea near the
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subject site, he toured the State's facility in south Tacoma
and found executive type homes were within 1/2 mile of the
present Pre-Release Facility and homes were being build right
next to the State Of Washington Hospital. He questioned
comments made that if a housing development was built near the
subject site that there would be sewage problems...who will
pay for correcting such problems? At the committee's last
meeting on December 10, he heard comments that another site or
some other land was available for a facility. He questioned
the location of such a site and why was it being presented now
and not included at the time the other sites were discussed?
He noted currently the State was having some difficulty with
one of its sites in Pierce County and it was felt all three
sites would come together in January to start the E.I.S.
process, which would involve public input. The subject of a
Pre-Release facility had been covered in local newspaper
articles, by word-of-mouth, and informative programs presented
to local organizations by Department of Correction
representatives. He scheduled a meeting, for people within
his community area, on January 6, 6:30 P.M., Kitsap Lake Fire
Station, to hear a presentation by State Corrections
representatives. Mr. Hornin~ called for a "point of order"
and suggested that Council hold a Study Session on this issue
after the first of the new year. Mr. Waibel stated he was
not aware that the advisory committee was formalized to the
point of having official meeting minutes nor was he
knowledgeable of specific meetings scheduled. He also
emphasized that one City Council member does not speak for
every Council member. He stressed he is not in favor of
placing such a facility in the Kitsap Lake area. He viewed
the institution of an E.I.S. on a selected site without any
other consideration as a steamroller tactic by the State.
Lastly, he pointed out there are utilities already built and
available at the Bremerton Air Port site.
Jim Strait, 6530 Harlow Drive, President Kitsap Lake
Neighborhood Association, expressed concerns of his
neighborhood on this subject. After discussing this issue
with many of the Kitsap Lake residents, he found only one
person who favored such a proposal and that person is
currently serving on the Pre-Release Facility advisory
committee. There is a large senior citizen mobile home park
to the north of the proposed site, a handicapped center and a
large low income housing area to the east and it only takes
one "bad apple" to wreck havoc with these areas. He supported
the proposal of a large housing development southeast of the
subject site.
Animal Control Officer announced "Fritz", a part terrier mix
dog, was still available for adoption through the Animal
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Control Department.
President Lynn Horton joined the meeting at 6:22 P.M.
6A - PROFESSIONAL SERVICES AGREEMENT - CITY OF BREMERTONAND
WESTERNUTILITIES SUPPLY CO./ELECTRONIC METER READING SYSTEM,
#AB91-315
The Utility, in order to provide for increased efficiency of
its utility billing system and pursuant to the 1991 Statement
Of Legislative Intent, evaluated several electronic meter
reading systems. Attached for Council's consideration is a
Professional Services Agreement between Western Utilities
supply Company and the City of Bremerton for providing
computer software, equipment and training necessary for the
implementation of an electronic-based meter reading system.
The estimated total cost of this project is estimated not to
exceed $23,594.55.
Bill Duffy, Utilities' Director, stated these devices will
allow electronically downloading information from hand held
meter reading devices. This should save time and efficiency
and improve accuracy in meter reading.
Public comment - none.
Mr. Johnson questioned if the hand held meters hold
information from previous billings for a particular household
so that if an error is made, it can be easily corrected? Mr.
Dully stated some parameters are built so that if incorrect
information is fed into the meters it will "beep" and
corrections can be made at the time of data entry.
Mr. Waibel questioned if information contained in the
"brochure" material, included in the Council Packet, was part
of the actual contract? Mr. Duffy stated no, it was provided
just as background information.
Mr. Overson questioned if this was an evolution process with
further steps coming in the future? Mr. Duffy stated yes,
they have been updating their billing system for several years
and recently they installed an electronic cashiering system
where the utility bills are read by "bar codes".
M/S/C/U(Overson/Colvin) to approve the Professional Services
Agreement between the City of Bremerton and Western Utilities
Supply Company and authorize the Mayor to execute said
agreement subject to City Administrative Policies and
Procedures.
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7A - ORDINANCE (FIRST READING) REZONE OF "NEIGHBORHOOD
BUSINESS" PROPERTY TO INCLUDE USES OF PREVIOUS "B-2" ZONE WITH
CONCOMITANT AGREEMENTFOR PROPERTY AT 6525 KITSAP WAY - HEETER
REZONE, #AB91-316
Following a public hearing on the "Heeter Rezone" on August
23, 1990, the Bremerton City Council agreed to restore many of
the land uses that were previously allowed by the former "B-2"
zoning, under the banner of "Neighborhood Business". The
ordinance to implement that rezone failed to pass on first
reading on November 20, 1991. However, Council directed that
staff readdress the Concomitant Agreement to allow old uses
under the B-2 that were not intrusive to the neighborhood.
President Hotton announced due to an appearance of fairness or
conflict of interest the following Council members would step
down from hearing this issue: Spencer Horning, Russ Johnson,
Morris Dawkins.
Ron Hough, Planning Manager, stated since the last first
reading, as directed by Council, staff met with members of the
neighborhood and the applicant. Jim Strait, President of the
Kitsap Lake Neighborhood Association distributed the list of
usesand obtained input from the area residents. Since that
time, the applicant and neighborhood came together and made
some compromises on uses. In addition, there were some minor
changes to the Concomitant Agreement to change some reference
to the old "B-2" zoning setbacks and height requirements,
which were deleted and now referred to as "Neighborhood
Business" zone development requirements. The neighborhood has
indicated that their number one recommendation is still the
same as the Planning Commission's and that was to leave the
property "Neighborhood Business", and their second choice, if
Council chooses to adopt an ordinance that reflects a previous
decision to change the zoning, would be to approve the list of
uses they are recommending.
Bill Broughton, Attorney representing the applicant, David
Heeter, stated there were some problems with the proposed
ordinance and Concomitant Rezone Agreement in that it
initially did not meet the intent of some of the Council
members in their previous vote. After that Council meeting,
he discussed this issue with Jim Strait and Bill Amo, Kitsap
Lake residents, and at that time they went through the
agreement and made changes in the Concomitant Agreement, which
are reflected in the proposed document. At that time, it was
also agreed to eliminate an additional 10 or so uses that had
been objected to at the previous meeting, which are shown by
"," on Exhibit B. After further discussions, they are now
proposing that the "diamond" marked items listed on that
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December 23, 1991
Page 7 of 11
exhibit also be deleted. This action for additional deletions
came about as a result of Mr. Strait's circulating the list of
uses among Kitsap Lake residents, who then came up with
another 14 uses in addition to the ones identified at the
previous hearing that were not wanted. The applicant has
agreed to eliminate 12 of the 14 uses that the residents
objected to. On the Concomitant Agreement, there was a
"whereas" in another provision on the last page that stated
"return most uses" and the neighborhood requested that it
state "return some uses", which is acceptable to the
applicant. Finally, the agreement was not clear on the first
page that Neighborhood Business uses would be allowed and that
was clarified by rewording the "NOW THEREFORE" as follows:
"The future uses the property shall be limited to Neighborhood
Business zone uses subject to Exhibit B". In summary, he
believed this was a compromise protecting the property
interest of Mr. Heeter that were lost in the down zone and
does not rezone the property to a more intense use. He urged
Council to approve the Ordinance and Concomitant Agreement on
first reading.
Jim Strait, 6530 Harlow Drive, noted he was present to give
input from neighborhood residents regarding this proposal. He
met with fourteen families and the result of those visits are
as follows: (1) none of the families supported a rezone to a
higher commercial classification, such as General Business;
(2) None of the families support additional commercial use for
the subject property. However, if the City Council provides
additional commercial use, they would like the suggested
changes as outlined by Mr. Broughton in his discussion, along
with the deletion of the first twelve uses on Exhibit B and
excluding the following uses: theater, drive-in restaurants,
advertising signs and structures, repair garage and sheet
metal shops. Mr. Strait noted that most of the residents who
share major concern about this rezone were not available for
input on the final documents being presented because of the
short notice of the meeting during this holiday time. He
requested Council to allow liberal public comment during
second reading of any action taken at this time, making sure
that any concerns of the neighborhood were correctly and fully
expressed.
William Carlson, 6604 Lake Drive, urged Council to approve the
ordinance and agreement as presented.
Earl Butt, 6410 Lake Drive, read into the record a letter from
Bill Amo, 6625 Lake Drive, who was out-of-town at the time of
this meeting. Mr. Amo's letter expressed concern over the
hearing process, the ordinance as written and appearance of
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December 23, 1991
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fairness doctrine. It was his opinion that the applicant's
attorney had confronted residents of the Kitsap Lake
neighborhood and"wheedled out special compromises". He
requested that those compromises be rejected by Council, if
presented as part of the revised agreement. Hequestioned why
there was no written statement dealing with Council's
"findings and conclusions" for rejecting the Planning
Commission's recommendation? He also questioned why Council
chose to ignore the "rezone criteria" Chapter X, Section 5-B
of the Bremerton Zoning Ordinance. He requested that the last
"WHEREAS" in the ordinance be deleted due to its weakening the
new Zoning Ordinance and the fact that no one from the public,
at previous hearings, had spoken in support of this rezone.
And, he was of the opinion that Councilman Horning had a
conflict of interest considering his business dealings with
Mr. Heeter and that they had "struck a good deal".
Earl Butt, 6410 Lake Drive, stated he agreed with Mr. Amo's
letter. He had heard the applicant's attorney appealed to the
Superior Court to speed up the "Heeter Rezone". He questioned
if that statement was true? If such "speeding up" causes the
laws/rules/ordinances to be adhered to, he did not believe
that was right. He stressed the need for everyone to have an
attitude of fairness.
President Horton requested the Acting City Attorney to comment
on the Superior Court action on this issue. Leila Mills,
Acting City Attorney, stated she was not the attorney actually
involved in this issue, however, it was her understanding that
this issue was brought before the Superior Court by the
applicant, the Court did have jurisdiction and such action by
the applicant was legal. Mr. Waibel stated for clarification
in regard to the statement that the issue was taken to Court
in order to speed up the approval process, he emphasized it
was taken to Court to assure that the City Council followed
the laws cited by Mr. Burt. He pointed out this process had
been underway since August of 1990, which has not been a
speedy affair. Ms. Mills stated the Superior Court ruling was
that the City must follow this process through and abide by
the City's own rules to its final conclusion.
Mr. Broughton stated after the previous deliberation where the
ordinance and Concomitant Agreement were not passed, the
applicant and he did go back to persons that had problems with
the documents and tried to fix them. Somehow Mr. Amo views
that action as "wheedling out compromises" from individual
neighbors. For the record, he resented Mr. Amo's inference of
some sort of impropriety on the part of Mr. Horning and he
felt it was totally uncalled for. It was his understanding
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December 23, 1991
Page 9 of ll
that Mr. Horning was challenged by one of the Kitsap Lake
residents on an appearance of conflict and the applicant was
sorry to have Mr. Horning step down and felt it was
unnecessary.
President Hotton stated during Council deliberations she
believed it was mentioned by more than just herself that there
were some uses in the "B-2" zone that were objectionable to
the neighbors and members of the Council. And, it was hoped
that the applicant and neighbors could get together and come
up with a listing or deletion from the list so that the
remaining list of uses would be compatible with the
neighborhood. She questioned if the Acting City Attorney
found anything objectionable in going through that process?
Ms. Mills stated no, that was an appropriate process.
President Horton questioned if Council needed a statement
explaining why Council rejected the Planning Commissions's
recommendation and the Planning staff recommendation? Mr.
Hough stated there could be a statement in the ordinance to
that affect, however, previously there was a set of Findings
and Conclusions written in support of Council's decision and
accompanied the first reading of the previous ordinance about
two months ago. President Hortonquestions if the Findings of
Fact should be included in the current process? Mr. Hough
stated those Findings could probably be attached to the
ordinance as an Exhibit. Mr. Waibel pointed out the ordinance
does reference them as an attachment. President Hotton stated
when the issue of Mr. Horning's "appearance of
fairness/conflict of interest was brought up, he voluntarily
stepped down. Prior to that time, at each and every hearing,
the appearance of fairness/conflict of interest question was
asked, both of the public and Council, and at no time prior to
Mr. Horning's stepping down did anyone say they viewed an
appearance of fairness.
Mr. Colvin questioned, in reference to Mr. Strait's comment
regarding ample public notification if the City was in
compliance with its meeting notification process? Ms. Mills
stated the City had been timely in all notices of hearings and
Council meetings. Mr. Waibel noted the only concern would be
that this particular meeting was not on the usual meeting date
due to its falling on a holiday. He pointed out the change in
meeting date for this meeting had been announced at least two
weeks in advance. President Hotton requested that any motion
made to approve this ordinance on first reading, include
holding this item over two weeks for the second reading.
Mr. Walbel stated the real question was whether or not the
ordinance and Concomitant Agreement actually reflected the
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December 23, 1991
Page 10 of 11
intent of those who approved the original rezone request. In
reviewing the allowed uses that have escaped the objection of
the neighborhood, he believes it does reflect the compromise
of uses that were a part of that motion and by reinserting all
of the "Neighborhood Business" restrictions does reflect the
intent of the original motion.
Mr. Collins stated he was still having a great deal of trouble
with this rezone in that what is being done is changing the
City's Zoning Ordinance, Zoning Map, Comprehensive Plan and
Comprehensive Map. Council is creating something that is new
and did not exist previously. He believed it was wholly
inappropriate and if something like this was desired, then it
should be done through those four documents and not by this
document, making a complete change to the City's land use
procedure. Therefore, he could not support this proposal in
any way. President Hotton cautioned Council that the issue at
hand is not the rezone but whether this document followed the
intent of Council that resulted from the rezone hearing. Ms.
Mills stressed Council must conclude this process and approve,
in ordinance form, what Council agreed to in 1990.
Mr. Overson stated apparently Council was not out-of-order if
two wrongs make a right. However, he recognized the spirit of
the guidance that Council needs to review whether or not these
documents meets the intent of that previous decision. He felt
that intent would be met by including "Advertising signs and
structures" with a "diamond" notation. Mr. Waibel requested
Mr. Hough to describe the restrictions that would be placed on
advertising and sign structures in the Neighborhood Business
zone. Mr. Hough stated he did not think Mr. Overson's
requested change would hurt the applicant's property. Such a
use, advertising signs and structures in the "B-2" zone
pertained to billboards as a type of free standing
advertising, not related to the business on the property. The
Neighborhood Business zone does allow signs related to the
business and the applicant would still be allowed signs
related to the property in accordance with the current zoning.
However, he would not be allowed to have large billboard
structures.
#3171
M/S/C(Waibel/Colvin) to approve ordinance, on first reading,
rezoning the Neighborhood Business property for the uses of
the previous "B-2" zone with the Concomitant Agreement for the
Heeter property located at 6525 Kitsap Way as described in
Exhibit B; and that the use "advertising signs and structures"
not be deleted because it is regulated through Neighborhood
Business restrictions. And, second reading of the ordinance
will take place January 8th.
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Vote on motion:
In Favor: Overson, Waibel, Horton, Colvin
Opposed: Collins,
Councilmen Horning, Dawkins and Johnson returned to the
meeting.
7B - ORDINANCE (FIRST READING) ]&MENDING THE LANDUSE TABLES OF
THE ZONING ORDINANCE TO ADD EIGHT USES TO THE "PROFESSIONAL
OFFICE (PO) ZONE, #AB91-317
Planning Division staff recently reviewed the land uses that
are allowed in the Professional Office (PO) zoning district
and recommended the addition of several other compatible uses.
The Planning Commission conducted a public hearing to consider
the proposals on October 15, 1991, and forwarded its
recommendation to the City Council.
The City Council held a public hearing on the proposed
amendments on November 20, 1991, and voted to approve the
addition of eight uses to the "PO" zone. The attached
ordinance, if passed, will complete this Zoning Ordinance
Amendment.
Ron Hough, Planning Manager, stated this is a follow up, which
completes the changes Council approved on November 20.
Public comment - none.
M/S/C/U (Waibel/Horning) to approve Ordinance, on first
reading, amending the Land Use Table of Chapter V of the
Bremerton Zoning Ordinance to add specific uses to the
"Professional Office (PO)" zoning district.
With no further business meeting adjourned at 7:21 p.m.
KK LEEN L City Clerk
HY ~
~ RTON, Council President
City of Bremerton
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