HomeMy WebLinkAbout03/01/89TAPE #614
CITY COUNCIL MEETING MINUTES
MARCH 1, 1989
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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, March 1, 1989 at 5:30 p.m. with
Council President Spencer Horning presiding. Council members
present were Shirley Marty Crutcher, Lynn Horton, C. R. "Tiny"
Collins, A1 Colvin, Morrie Dawkins and Russ Johnson. Council
member Lon Overson was absent. Also present were City Attorney Ian
Sievers and City Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Horning and the Invocation was given by Reverend Riensch
of Our Savior's Lutheran Church.
Ms. McCluskey stated Item 6C was pulled from the Agenda.
CONSENT AGENDA
A. Minutes of Meeting Held - February 15, 1989 AB89-041
Motion (Waibel/Dawkins) to approve Consent Agenda as presented,
carried unanimously.
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 which
has been made available to the Council.
Motion (Colvin/Crutcher) on March 1, 1989, the Council does approve
for payment those vouchers included and further described as
follows: #41753, #41759 - #41915 in the total amount of $241,850.10
and Retirees Payroll in amount of $5[,235.28 carried unanimously.
COUNCIL MEMBERS REPORTS
Mr. Crutcher thanked Council members Spencer Horning and Morrie
Dawkins for their attendance at the parking meeting held on behalf
of the City's parking plan. He stated it is good to see Council
members attending neighborhood meetings and showing their support.
Ms. Horton stated she attended both the Monday and Thursday night
neighborhood meetings, and stated bothMr. Collins and Mr. Crutcher
did a wonderful job of keeping the meetings under control. Ms.
Horton also complimented Ms. Little on her presentation. She
stated she met with the Citizens Parking Committee on Tuesday
evening. They are in the process of reviewing and prioritizing the
issues discussed last week and hope to have recommendations before
Council in the near future regarding the parking enforcement issue
and other recommendations. Ms. Horton stated she attended an
Operations Committee Meeting today, Chief McNeal spoke regarding
the Kitsap Lake patrol. They worked on an ordinance several months
ago and will have a study session on this topic on Monday. Ms.
Horton stated Ken Brees, Street Supt. also was present and
discussed the City's street lighting.
Mr. Johnson stated there are two bills in the legislature in
Olympia, one by the Senate and one by the House on the subject of
cable television and the use of the educational public access
channel in the state of Washington. There are three channels the
City can use, public access, educational and government channels.
The state has been looking at how to get into people's homes with
education programs for special purposes. This has not been
defined, but they have found that to do this on their own would be
a terrific expense, but the possibility exists that if the state
and municipalities cooperate, that could be beneficial to both
sides. The surprise is that of the four locations which would be
originating much of this, one is Olympic College in Bremerton. He
stated he has not yet seen the bills.
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City Council Mtg. Minutes
March 1, 1989
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Mr. Johnson stated he received telephone calls regarding garbage
cans being passed out by Brem-Air, and the callers wondered if they
had to take the cans? He stated those cans are not mandatory in
Bremerton. He also stated he does not know of a rate being
established for charges for those cans.
Mr. Colvin stated he is very pleased with the State Audit Report
which is available to the citizens of Bremerton as it is a public
document. He stated there are a few minor exceptions which are
being worked on.
Mr. Dawkins stated he was happy to see the letter from the City
Attorney that the City can put stop signs up.
Mr. Collins stated the West Bremerton Neighborhood met last
Thursday night. Mr. Collins commended Ms. Little for an
outstanding presentation. He also commended the neighbors for
keeping the meeting under control. Mr. Horning also complimented
Mr. Collins and Mr. Crutcher for the neighborhood meetings. Ms.
Horton stated there will be a meeting on the proposed parking plan
Thursday at 6 pm in the Bremerton High School Library. This
meeting is open to everyone.
Mr. Horning stated Mr. Waibel, Mayor Lobe and himself represented
the citizens of Bremerton in the Kitsap Planning Council today.
They had discussions on Kitsap Transit and how it works, Cencom
which is the Traffic Safety Committee and Emergency Management, and
Kitsap Sub-regional Council of Governments, which participates with
King, Pierce and Snohomish counties, and the Kitsap County Board
of Health. He stated these are always open to the public and are
held on the first Wednesday of every month. Next month's meeting
will be on April 5th at the Silverdale Hotel in the Harbor Room.
Mr. Horning stated one of the main topics today is an issue which
is becoming more and more difficult to understand where we're going
to go. The Legislature is working on the problems as is the local
government; that's the issue of solid waste. He stated there were
two very good reports on recycling. He stated they touched on the
air quality questions. There was discussion on why Kitsap County
is being grouped with King, Pierce and Snohomish for pollution
alerts and burn bans. They are looking at why they are grouped
this way instead of with Mason County when we have different air
streams and inversion here in our location on Puget Sound. Mr.
Horning stated he is honored to be the Chair this year and is
finding it quite a task.
PUBLIC RECOGNITION
Tom Daines, 207 S. Lafayette, stated he lives in the proposed
parking plan area and feels this isn't a parking problem but a
revenue problem. He stated businesses are leaving and he will be
leaving by the end of the year taking his services and B&O taxes
and revenues. He stated he feels the company he sub-contracts to
has a lot of revenue coming into the City. He expressed opinion
that the City is trying to inflict the brunt of the problem on a
small number of people and businesses, not the whole community.
Mr. Dains stated he heard figures of $210 a year to enforce this
problem on the 600 people who already have parking permits. He
felt if the City would divide the $20,000, which is needed, by the
80,000 homes and businesses in the City limits, that would be less
than $25 a year. He feels everyone should pay, not just certain
districts. He stated he doesn't feel it is right for people who
don't live in the City to write up a plan like this. He stated
those people don't know what the residents go through every day
just trying find a place to park. Mr. Horning stated a letter in
response to his concerns will be sent.
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March 1, 1989
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BREMERTON POLICE MANAGEMENT ASSOCIATION AGREEMENT AB-035
This Agreement sets the wages, hours and other terms and conditions
of employment for the Police Management employees for the period
January 1 through December 31, 1989 and replaces existing
agreement. It provides for a 3.5% salary increase effective
January 1, 1989. Changes in the Agreement consist of elimination
of longevity payment replaced with a 2-step plan.
Caroline Marshall, Personnel Director, stated there are two
additional changes. One is the City's position on the health
insurance review process. The other change was to put some
limitation on the City's participation in the educational program.
Motion (Crutcher/Collins) to approve the Bremerton Police
Management Association Agreement and authorize Mayor Gene Lobe to
execute the contract, carried unanimously.
PROFESSIONAL SERVICES FOR OPERATIONAL & MANAGEMENT ANALYSIS OF THE
FIRE DEPARTMENT AB-042
As a result of a call for bids the Audit Committee has received and
reviewed the three proposals from Public Administration Services,
Hughes, Heiss & Associates, Inc. and Sierra, Inc. The Hughes,
Heiss & Assoc. proposal was determined to be the least costly and
best qualified with a bid price based on the cities scope of work
of $25,000. It was noted that Hughes, Heiss & Assoc. has more
experience within the state of Washington than the other proposers.
Telephone calls to government entities within the State were of a
very favorable response.
Ms. Horton stated the Audit Committee received the bids several
weeks ago and after their review, all favored the same firm to
perform this study and agreed this was the firm they would
recommend.
Mr. Johnson felt the quality of all the proposals was very high.
He expressed opinion the City will be receiving a "super product"
and commended John Koch, City Auditor, and the Audit Committee for
the work in preparing the request for proposals and their work in
reviewing. Mr. Crutcher complimented the Fire Department and Chief
Marks for the work they do and explained he felt there is no need
for a study. Mr. Horning agreed that the City has a superb Fire
Department and felt this is a good way to maintain the department
and help the managers.
Mr. Colvin stated he is familiar with a lot of studies and stated
his hope that the City will get $25,000 worth out of this study.
He stated they will monitor this study and see if it is worth it.
Mr. Horning stated the City owes it to the citizens to see they are
getting the best.
Motion (Johnson/Colvin) to approve the Professional Services
Contract between the City and Hughes, Heiss & Associates, Inc. for
Operational and Management Analysis of the Bremerton Fire
Department, carried as follows: 7 affirmative, 1 opposed
(Crutcher).
MEETING TO CONSIDER PROPOSED ANNEXATION AREA IN THE RICKEY ROAD/
PINE ROAD AREA AB-044
In the past the City has provided certain services to properties
outside the City limits with the understanding that those
properties would eventually come into the City at the most
appropriate time. Those agreements to provide services and to
annex are contained in Outside Utility Agreements. Several of
those agreements exist in the Rickey Road area and the City Council
is now being asked to consider a proposal to activate those
agreements and annex an area of approximately 40 acres. This
meeting is to approve a Notice of Intent for annexation.
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City Council Mtg. Minutes
March 1, 1989
Page 4
Ron Hough, Annexation Coordinator, made a presentation using
transparencies to show the location of the 40 acres. The area is
bounded on the north by Sylvan Way and the east by Pine Road.
Primary access is by Pine road. Existing land uses in the area are
single family homes, one institutional group home, a mobil home,
duplex, tri-plex and 182 multi-family dwelling units located
primarily in the Willows complex and Shadow Creek complex. Lot
sizes range from under 9,600 ft., 9,600 to half an acre, half acre
to two acres and larger than two acres. Using the Comprehensive
Plan, Mr. Hough stated the area is planned for low density
residents. Because high density mutli-family dwellings already
exist, the Planning Commission is recommending to Council that the
Comprehensive Plan be amended to include those complexes of a
higher density category so the land uses are consistent with the
Comprehensive Plan and Zoning. Comprehensive Plan designations are
generally considered to be general rather than site specific.
Mr. Hough explained that within the study area the County has some
residential 5 zones which is 5 units per acre, residential 18
zoning which is the high density apartment complexes, and
residential 24 on four lots that have been developed to single
family dwellings. Planning Commission's recommendation is that
everything on the west side of Rickey Road be zoned upon annexation
single family 2, approximately the same as residential 5 in the
County now, single family 3 proposed for one small pocket that has
Outside Utility Agreements which are being used as the basis for
proposed annexation. Property owners who signed these agreements
agreed to annex to the City in exchange for specified city
services. Rather than annexing each property individually the City
has waited until it has several Agreements in one particular area.
Mr. Hough stated the purpose of the meeting is for Council
consideration of the proposed annexation area and to decide on
these specific questions.
1) whether to proceed with the annexation as proposed;
2) whether to require a Comprehensive Plan amendment and/or
zoning for the area. Planning Commission has addressed both
those issues and has recommended that both Comprehensive Plan
amendment and zoning to take effect upon annexation. And,
3) whether to require the annexed properties to assume the City's
current indebtedness.
Mary Wagner, 3125 Rickey Road, stated she objects to the annexation
and the process of using the Outside Utility Agreements. She
stated people on the west side of Rickey Road are mostly rural and
do not have many outside utilities. Ms. Wagner stated they feel
it is unfair for 11 home owners on the west side to be annexed
counting the high valuation of the area with over 200 homes on the
east side, and using their assessed valuation and the outside
utility agreements to force them into the City. She submitted a
letter which was read into the record. Ms. Wagner felt it would
be a more honest annexation if all the little people had a vote on
this as well as the big people. She submitted a petition from the
people on the east side of Rickey Road and another from the people
on the west side, stating if the City wants to annex they should
make it two separate annexations. One on the east side and one on
the west side taking it all the way to the bay and include all that
rural area in one annexation, and not combine those on the west
side with the high density area on the east side counting the
valuation of the high density area.
Chris Bower, 3209 Rickey Road, asked if the City has outside
utility agreements of 75% of the assessed valuation of the property
on the west side of Rickey Road? Mr. Horning explained that if
Council votes to approve, they are asking staff to then find out.
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City Council Mtg. Minutes
March 1, 1989
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Ms. Bower asked what is the City's current indebtedness? She
stated part of the petition is that the property owners will assume
part of the City's current indebtedness and inquired what that
means financially to her. Rich Hanna, City Treasurer, stated the
exact amount of the Bonded Indebtedness of the City, under the
current tax levy for this year requires a levy of approximately .14
per $1,000 assessed valuation City wide to support that
indebtedness, and that tax levy will be extended to these
properties if Council approves the annexation. Mr. Hanna stated
this would be part of the City levy which they currently are not
paying, simultaneously they would no longer be required to pay the
county tax levies. The difference between the two would be about
.10 to .15 per $1,000 assessed valuation increase.
Ms. Bower inquired if there is other indebtedness besides the tax
levy? Mr. Hanna stated the only difference in terms of redemption
indebtedness would be excess property taxes to support those
specific bond issues that were voted in by the citizens of the
City. Ms. Bower inquired how many levies are there? Mr. Hanna
stated there are currently 3 levies that are outstanding. Based
on the City's current debt service and the amount of the assessed
valuation within the City requires approximately .14 or .15 cents
tax levy per $1,000 assessed valuation.
Ms. Bower stated other concerns of hers are the sewer system and
animal ordinance. She stated Mr. Hough made reference to this as
a rural area; she does have animals. She stated she does not have
an acre of ground, and the way the ordinance is written, it shall
constitute a civil infraction to maintain her animals if her
property is annexed. Ms. Bower stated the proposed annexation is
being forced upon the residents and her life style will be changed
which she resents. She stated she has her animals, a garden and
her yard. If the area is annexed and they hookup to the sewer she
will not be able to have her yard and garden because she won't be
able to pay the water and sewer bills. Ms. Bower stated that isn't
fair, she didn't ask to come into the City and doesn't want to be
in the City. She asked Council to give her concerns consideration
when reviewing the proposal. She stated if they want to annex the
property between Pine Road and Rickey Road that should be
considered, but she doesn't feel the property west of Rickey Road
should be City property.
Bill Duffy, Utilities Director, stated sewer and water charges are
based on use, it has nothing to do with the City's overall
indebtedness. Operation of sewer system and retirement of the debt
is based on the use of the product and is paid for through the
users fees. He stated it is a separate issue. Mr. Duffy stated
there would be no mandate by annexation for connection to sewer
system for those people on septic tanks. He stated if the septic
tank works fine and there's no health related problems, septic
tanks would continue within or without the City. Mr. Duffy stated
that area now lies within the sewer system area which extends north
to Riddell Road. To clarify the issue Mr. Horning inquired if the
annexation takes place or not, it would not change the requirement
or lack of same to hook to the sewer system? Mr. Duffy responded
in the affirmative and further stated nor would it change the
existing conditions.
Mr. Horning asked Mr. Sievers to prepare a letter to Ms. Bower
explaining the City's position on animals, and agreed it is a
concern. Mr. Sievers stated the City is now in the process of
revising the animal control ordinance.
Christena Search, 3201 Rickey Road, stated she has close to two
acres with a cow. If she doesn't have the cow there will be a
fire hazard. She stated it s pasture land and wondered what she
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City Council Mtg. Minutes
March 1, 1989
Page 6
would do if her property is annexed. She stated she doesn't pay
road and school taxes as she is low income and wondered how
annexation would affect her taxes. Mr. Sievers stated property tax
exemptions for the elderly are available for City residents.
Roy McInnes, stated even though he doesn't live in the area, the
idea of two separate annexations is a good idea. He stated he
feels the City's proposed annexation would be unfair to those who
live on the west side of Rickey Road. He discussed the water usage
issue and feels the City should take a good look at making this two
separate annexations. Mr. Horning stated that if the property
owners are already hooked to water and/or sewer they are paying the
rates, and whether they are annexed or not has no bearing on
utilities, except the water costs more for those outside the City
limits as there is a surcharge. Mr. Horning reiterated Mr. Duffy's
previous comments on sewer verses septic issue. He stated there
is no mandatory connection to sewers unless the health department
warrants it for public health reasons. Mr. Duffy discussed the
surcharge for water to county residents and stated that through
annexation the water charges will actually go down through
elimination of the surcharge.
Ms. Wagner inquired what is to prevent the Health Department from
saying the septic tank isn't working properly and force hookup to
the sewer system? She stated she has 300 feet of frontage on
Rickey Road and doesn't want to hookup. Mr. Waibel stated he is
on the Health Board and if you were found to be in violation right
now you would have to hookup to the sewer and you would have to pay
the sewer rates. He stated is doesn't matter whether you're in or
out of the City, if the septic tank is found to be in violation you
will be required to hookup and pay the rates. Mr. Horning stated
therefore annexation has no bearing on whether or not anyone has
to hookup to the sewer. Ms. Wagner stated she is on a fixed income
and couldn't afford the cost with 300 feet of property frontage,
and that is one reason she doesn't want to come into the City. She
feels they are being sold down the road as it is because of using
the valuation of the high density area combining that with the low
density area and saying they have 75% of the valuation of the whole
area which isn't fair. She stated it should go to a vote of the
people. She feels everyone should have a say, the little people
as well as the big people.
Jerry Wagner, 335 Shlagel Lane, discussed changes in zoning, and
stated with large parcels of land will be down zoned if going from
five to four homes per acre that's a loss of two potential home
sites. On the current values he felt that might devalue property
about $40,000. He stated that is a concern for those who have
large parcels of land on the west side of Rickey Road and feels
that should be taken into consideration. Mr. Colvin asked Mr.
Sievers if it poses a liability to the City if they are subject to
lose $40,000 due to zoning? Mr. Sievers stated they are not being
asked to approve zoning at this time. That will come before the
City at a later time. He stated more specific to the question,
down zone or lower density zoning proposed for this are by the
Planning Commission generally results in reduction of property
value. He also stated there seems to be a conflict of interest
with some favoring the lower zoning, large lot sizes, agricultural
uses, etc. which results in lower property taxes. Mr. Crutcher
stated he feels the single most important thing a person can buy
in life is their home. He stated he feels there could be two
separate annexations as suggested.
Mr. Colvin stated he would like to defer this annexation tonight
as he would these people to be satisfied and have all their
questions answered. He felt their questions have not been answered
tonight and some questions the City doesn't have the answers to at
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City Council Mtg. Minutes
March 1, 1989
Page 7
this time. Mr. Colvin stated he is in favor of annexing but under
the circumstances he felt it would be unfair to those residents
involved to annex at this time. Mr. Horning explained they are not
discussing annexation at this time, they are saying go forward and
find out if they should annex. Mr. Colvin stated he is in favor
of taking in account what they have to say and then consider
proceeding with tonight's consideration. He stated they don't know
how much it will cost them if they annex into the City and he would
like to meet with these residents and have some minutes taken and
get this information down in writing. He stated they are quoting
a lot of figures now and years from now when some of the current
Council members are gone, they won't have anything to stand on.
Mr. Johnson stated the point of the meeting tonight is to tell
staff to go ahead and work out the details of those issues. He
stated staff is this far and are now asking if they should continue
and get into that level or should they discontinue their efforts.
Mr. Johnson stated that every time zoning is changed he doesn't
believe the Comprehensive Plan needs to be changed. He stated he
would like an answer later as to what happened to the R24 zoning
on two of the lots. Mr. Johnson stated another issue that hasn't
come up tonight is the small pockets in the City, this being one,
where they are in a very comfortable position of being able to
accept City services and they are not contributing. He stated the
citizens of Bremerton are paying for the people in these pockets
who are getting the same amount of services. He doesn't feel there
is much difference in services or the tax structure whether or not
they are in the City. Mr. Johnson discussed the concern regarding
how much frontage someone has. He stated the sewer plant was not
funded in a LID type operation based on the size of frontage.
Sewer is assessed on how much is used. Mr. Horning agreed and
stated the cost of water would actually go down with elimination
of the surcharge to County residents. He discussed Medic I and
stated the citizens of Bremerton are paying too much for
subsidizing the people in the County. Mr. Waibel stated that the
perception that coming into the City is hardship is something
everyone has to overcome. He stated it is not a hardship as
services are increased.
Mr. Colvin stated he agrees, but what he is saying is that we are
not getting that information to the people. He feels we should
bring people into the City on a kinder, gentler note. Mr. Waibel
stated this is Council's opportunity to say what is worth staff's
time. He stated the question and the vote is, are we going to
direct staff to spe~d the time to explain these things to these
people. He agreed that the time should be spent in this manner.
Mr. Collins stated that 10% of the people have said they want to
look at coming into the City. He stated at least 75% of the people
have to agree to annex to the City. He stated he hopes there is
an education process that takes place. He felt the only way for
staff to make the people more informed is by the affirmative vote.
Mr. Dawkins inquired of Mr. Hough how many residents are in the
group home? Mr. Hough stated it appears to be a typical single
family dwelling.
Motion (Waibel/Collins) to direct staff to proceed with the Rickey
Road Annexation as proposed and require a 75% petition to include:
1) pre-annexation zoning of the Rickey Road Planning area; and
2) to require the annexed properties to assume the City's current
indebtedness following annexation. Mr. Horning encouraged staff
to make that extra effort to inform these people and answer all
questions. Mr. Colvin asked Mr. Sievers what is the net effect of
a yes vote on this motion? Mr. Sievers responded this is a
preliminary decision, it instructs the 10% petitioners to go forth
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March 1, 1989
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and gather additional signatures since it is a 75% petition
requirement for annexation. He added that on the 75% petition
hearing Council can decide to reduce the size of the acquisition
hearing presented in the petition on its own initiative. Mr.
Crutcher stated he wants to make it clear that Council is not
voting on annexation tonight. Question called, carried as follows:
7 affirmative; 1 opposed (Crutcher).
ORDINANCE (iST READING) - AMEND CHARITABLE SOLICITORS LICENSE
REGULATIONS AB89-037
Ms. McCluskey stated this ordinance is back before Council as first
reading. Changes that came back to Council are from 120 to 60 days
for the license effective period and license fee has been changed
from $1,000 to $500. She stated there was previous discussion on
surety bond but that has not been changed as due to State
requirements it is already covered.
Paula Johnston, License Inspector/Auditor, stated regulatory
licenses must have fees that correlate with the City's cost of
enforcement. She stated that the ordinance passed in June, 1988
had a $1,000 fee. This kept many disruptive or illegal campaigns
out of Bremerton which was not the case before this stronger
ordinance that tied the City into state bonding and regulation.
The City needed to lower the fee to match more realistically the
enforcement costs. She stated the 60 day requirement Council
proposed at the previous reading is probably an excellent
recommendation. Most legitimate campaigns spend six to seven weeks
telephone soliciting.
Motion (Waibel/Collins) to approve Ordinance #4192 on first
reading. Mr. Johnson stated when this was discussed previously he
felt Ms. Horton's suggestion on the surety was excellent for those
solicitors that leave town without paying their bills. Ms. Horton
responded that by the requirement to have them registered with the
State the State already has a surety bond. If there is a problem
the City can go after that State bond. Question called, carried
unanimously.
ORDINANCE #4193 (SECOND READING) - MILLER ANNEXATION AB89-040
This is approximately 7.3 acres south of Kitsap Lake. SEPA
requirements have been met, a DNS was issued on December 67, 1988
and the Planning Commission conducted a public hearing to consider
future zoning on January 17, 1989. Staff recommends that City
Council approve annexation of the proposed area and approve
application of the SF-2 zoning district to the subject area upon
annexation as recommended by the Planning Commission.
Motion (Johnson/Collins) to pass Ordinance #4193 on second reading,
carried unanimously.
RESOLUTION #2242 - ESTABLISHING A FEE STRUCTURE FOR THE ATHI.ETIC
SPORTS FUND AB89-045
The City currently programs for several sports and athletic leagues
through the Parks and Recreation department. Ordinance #4180
allows for the establishment of a fee structure to provide
financial resources for the Athletic Sports Fund. The proposed
fees are in line with comparable cities statewide providing similar
sports and athletic programs.
Pat Westoff, Program Director, stated in response to an inquiry
that they inherited the Bremerton Softball Association and
Bremerton Baseball Association and accepted their fee structure.
He stated Parks and Recreation is now adding to that fee structure.
They have added a players fee which affects adults only.
Discussion followed regarding the league and tournament fees. Mr.
Westoff explained the first slowpitch league is the City league,
both men's and women's, the second slowpitch program is church
league and the third is co-ed.
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Motion (Dawkins/Waibel) to pass Resolution #2242 establishing a fee
structure for the athletic sports funds. In response to an
inquiry, Mr. Westoff stated the fee structure is based on $1 per
person per game. Question called, carried unanimously.
HEARING - TO CONSIDERA ZONING REVIEW COMMITTEE RECOMMENDATION FOR
THE CORRECTION OF AN ERROR ON THE CITY'S ZONING MAP (DEAN GEaRING)
AB89-045
Upon adoption of the new zoning ordinance the City Council
established a "Correction of Errors" process to find and correct
errors that may have occurred in the text of the zoning ordinance
or in the application of zoning to specific properties or areas.
Staff discovered a possible error during the processing of a
subdivision for Dean Gehring. The suspected error was taken to the
Zoning Review Committee which reviewed the issue and determined
that an error had occurred. The Committee's recommendation is now
being forwarded to the City Council for public hearing.
Mr. Horning asked the standard conflict of interest, appearance of
fairness questions. All Council members remained seated.
Ron Hough, Planning Division, made a presentation using
transparencies of the Gehring area at the corner of Maple and Ivy.
He stated the area previously was zoned R1. The area contains
duplexes and single family dwellings, a mobil home, and two
undeveloped properties owned by Mr. Gehring. He was in the process
of sub-dividing when it was noticed that area is zoned for
business. The recommended correction to the zoning map is
consistent with present land uses in the area and will eliminate
non-conformities that exist under the present General Business
zone. Most of this area has already been developed. Mr. Gehring
has vested rights to build duplexes on his three vacant lots and
the large lot could possibly be divided for additional development
at the DR density of one unit per 4,800 sq. ft. for a duplex
development. Mr. Hough stated if not corrected the General
Business zone will remain and all 13 residences will continue to
be nonconforming. The GB zone will also allow commercial
development to encroach into the residential neighborhood, probably
resulting in additional commercial traffic on what currently are
primarily residential streets.
Dean Gehring discussed the previous zoning and maintaining the
current buffer zone between the commercial and residential zones.
Motion (Horton/Crutcher) to approve correction to the zoning map
as recommended by the Zoning Review Committee. That correction
would change the zoning of ten lots from General Business (GB) to
Duplex Residential (DR) and direct staff to prepare an ordinance
for future consideration, carried unanimously.
HEARING - TO CONSIDER ZONING FORMST HILLS ELEMENTARY SCHOOL SITE
FOLLOWING ANNEXATION AND ANNEXATION/ZONING ORDINANCE AB89-047
Following a public hearing on December 21, 1988, City Council
approved the annexation of West Hills Elementary School. The
Planning Commission has since conducted a public hearing on the
zoning issue and has submitted its zoning recommendation to City
Council by Resolution #89-1. This public hearing is to consider
the Commission's zoning recommendation and to accept public
comments pertaining to the zoning of West Hills School. Staff
recommends that City approve the Planning Commission's
recommendation to apply the Parks & Schools (PS) zone upon
annexation to the City and approve the annexation/zoning ordinance
on first reading.
Mr. Horning asked the standard conflict of interest, appearance of
fairness question. All Council members remained seated.
TAPE #615
City Council Mtg. Minutes
March 1, 1989
Page 10
Motion (Johnson/Colvin) to approve the annexation ordinance on
first reading, carried unanimously.
With no further business meeting adjourned at 7:15 p.m.
ATTEST:
CER HOR ~dent
.~t_,__~ ~_~
KATHLEEN L. McCluskey,
City Clerk