HomeMy WebLinkAbout06/21/89TAPE #647
COUNOL
JUL 5- lcJBg
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
JUNE 21, 1989
#0015
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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, June 21, 1989 at 5:30 p.m., with
Council President Spencer Horning presiding. Council members
present were Lon Overson, Shirley Marry Crutcher, Lynn Horton,
Morris Dawkins, C. R. "Tiny" Collins, A1 Colvin, Russ Johnson and
Hank Waibel. Also present were Assistant City Attorney Laura
Anderson and City Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Horning and Invocation was given by Chaplin Ben Belcher
of Harrison Memorial Hospital.
CONSENT AGENDA
A. Minutes of Meeting - May 31, 1989, #AB89-165
B. Minutes Of Meeting - June 7, 1989, #AB89-166
M/S/C/U(Crutcher/Waibel) to approve Consent Agenda as presented.
CLAIMS/WARRA/T~ 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.
M/S/C/U(Colvin/Crutcher) on June 21, 1989 the Council does approve
for payment those vouchers included and further described as
follows: 43961, 43967 through 44100 in the total amount of
$155,734.20 and Regular Payroll in the total amount of $350,639.26.
COUNCIL MEMBER REPORTS
Mr. Crutcher stated he met with Mayor Lobe today to discuss crime
in the downtown area and the need for more Police patrols. He
noted he is recovering from being mugged and robbed last weekend
in the downtown area as he was on his way to work. He emphasized
the importance of acting now to take back the streets from thieves,
drug dealers and prostitutes. Mr. Crutcher thanked the officers
who assisted him after the assault.
Mr. Waibel reported he received a number of calls regarding the
condition of the Utility's reservoir at 19TH and Ironside. Mr.
Duffy, Utility Director, was contacted and he will be removing the
barb wire, mending the fence or removing it, selecting a different
paint color covering and getting rid of the weeds and tall grass.
Mr. Waibel attended a meeting Tuesday evening of members of City
Councils through out the County. A presentation was made at this
meeting by the City Planner of the City of Kirkland on the proper
way to move through annexation procedure.
Mr. Johnson reported he artended the AWC Conference in Spokane,
which he found very interesting. Following are some information
items he brought back:
1. Problems with fishing pier...through DOE there is a grant
program and a loan program. The State has set aside money for
relatively small estuary clean up in Puget Sound. The money is
loaned at low rates or interest free for a 30 year period. It
appears as yet there have been no applications for the small
estuary programs. Mr. Johnson has contacted Ms. Ohlde who will be
getting together with Connie Devaney to look into the possibility
of a grant application for this type of project.
2. Recycling waste management - State has set aside money to be
used for recycling used tires (this being a huge problem in
Washington State). There is information out that asphalt can be
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reused, mix it up with shredded tires and relay it as a street
surface that will last longer, has better traction, etc. Mr.
Baker, City Engineer, and Todd Corelli, Council Intern, have been
contacted to pursue some type of program, possibly with the private
sector, to make Bremerton a "demonstration city" for how this can
be used and resolve the repair and maintenance of some feeder
streets in the City.
Recycling - discussed with the Director of Department Ecology and
DOE Program Manager for Waste Management/Recycling concerns of
getting yard and garden waste out of the waste stream. Previously
Mr. Johnson had suggested a local program for Bremerton/Kitsap
County compost pile and possibly work in with a retraining program
with rehabilitation centers around the State.
Recycling - the current Bill requires that the City have curbside
pickup of recycled materials. The City of Spokane had put a
recycling program into effect prior to this law being passed which
has source separation by the consumer/resident but they do not have
curbside pickup. They worked out ways with service clubs, schools,
churches, etc., with receiving receptacles in parking lots which
provides for smaller collection sites all over the City. Then, the
recyclable materials are picked up by the local garbage company.
The difference in the cost to the resident is the difference
between 25 cents per garbage bill and $5.00 per garbage bill.
Therefore, there are ways to get outside of curbside pickup if
there is a good program to supplant that.
Energy Code - the Energy Housing Code will probably go through the
State Legislature next year. If a city is an early participant in
this program there is grant money available to help find out how
best to implement it in the community, train building inspectors,
inform the public, etc. Mr. Mumma, City Building Official, is
taking a lead on this at the State level and Bremerton has already
been identified as an "early sign on" to the program.
People throwing yard waste and grass clippings into Puget Sound -
this happens periodically in Kitsap Lake which is very bad due it
creating weeds, etc.. It is also important not to dump these types
of waste into Puget Sound, particularly in areas with low tidal
action. Not only does this create stinky grass cuttings on peoples
beaches but it also may be putting weed/feed, pesticides into the
bay.
Mr. Colvin artended the AWC Conference in Spokane and while there
participated in a Fun/Run/Walk-A-Thon. He enjoyed sharing ideas
with other elected officials and determined that our City is not
any worse off than many other cities. The Washington State
Department of Community Development has several programs, one being
a Low Income Weatherization Program and he hoped someone in our
area can take advantage of it. Also, there is a Housing Trust
Program, established by the Legislature in 1966, which provides
loans and grants for local governments and non-profit organizations
and public housing organizations to increase availability of
affordable housing. There are also Emergency Shelter Programs
which provides federal funds for local governments and non-profit
organizations to provide rehabilitated and repair of emergency
shelters that are in need. Mr. Colvin reported there are funds
available for a Local Emergency Management Program and the deadline
for submission of applications for funds is July 7. During the
conference a Resolution was passed addressed to the State
Legislature which pointed out that the Legislature was setting
mandates for cities but not providing any funding to implement such
mandates.
Mr. Dawkins reported during the Operations Committee Dick Mumma,
Building Official, made a presentation on the new Energy Code, how
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it will work and the Code will be brought before Council at the
July 10 Study Session. The Governor will possibly call a
Transportation meeting To pass a bill to get passenger only ferries
out of dry dock and into operation before July 1. Port Orchard
will start its Fathoms 'O' Fun Festival this Saturday, June 24
through July 4, ending with the fireworks display. He suggested
that Bremerton should consider a fireworks display during Armed
Forces Week celebration. Thursday starts the 9TH Annual Ladies
Gold Mountain invitaticnal Golf Tournament (144 golfers from all
around the State).
M__r. Hornin~ stated he spent a most interesting Friday evening - he
joined one of the Police Patrol officers from 9:00 PM to i:00 AM
observing the emphasis patrol in the downtown area. He noted it
was a real eye opener and after experiencing a fast response to a
burglary alarm assured the Council that the City's new police
vehicles are good and they stop where they should. He encouraged
all the Council to make an effort to spend some time riding with
an officer to truly get an idea of what they are faced with while
on duty.
PUBLIC RECOGNITION
Rex Rudee, Hudson Studio, reported several crime related incidents
in the downtown area recently and what appears to be a "feeling of
fear" of some people who either work in or patronize downtown
businesses. He hopes something can be done to eliminate this
feeling which seems to be turning citizens off from the downtown
area. He dmd compliment recent actions of Police officers who
assisted in quieting down a group of young people. He expressed
how pleased he is to have located his business in the downtown area
and feels there is a real future for growth in BremerEon.
Wayne Estes expressed concern over the fact that the City Council
Chambers is not air conditioned and the effect upon citizens who
attend City Council meetings during the warm summer months. He
strongly urged the Council to look into funding to correct this
situation and felt the City Council deserved to work in a more
acceptable environment...TV lighting is very hot.
Shannon Peterson, 202 Burwell #418, expressed concern over the use
of the American Flag for advertising. She related several
instances where corporate flags have been flown above the American
flag or attached to the same halyard. She announced a protest over
this issue will be held in front of the Wheaton Way McDonalds on
Saturday~ June 24.
James Peterson, 2C2 Burwell ~4i8, voiced his concern over the
disrespectful way people/businesses use the American flag for
advertising. He also noted. several businesses had been contacted
regarding the respectful way to fly the American Flag and then took
appropriate action to correct the situation. He acknowledged that
action from the City Council office had also Lrougnt results of
some business flying the flag correctly once they understood the
proper format. Mr. Peterson announced that a protest will De held
in front of the Wheaton Way McDonalds, i - 4 p.m., Sat., June 24.
6A -~ APPROVAL TO SUBMIT GRANT APPLICATIONS TO BUILD AN OVER-WATER
BOARDWALK FROM FIRST STREET TO SECOND STREET AND A SOFTBALL FIELD
IN A THE ANDY PENDERGAST MEMORIAL SPORTS COMPLEX, #AB89-167
Several opportunities to apply for State grants to aid in the
impiementaticn of the Parks Comprehensive Plan and the Waterfront
Access Plan are available. Staff has initiated pro-application
procedures and recommends Council authority be voted to proceed
with formal applications. GranIs are as follows:
a. Interagency Committee for Outdoor Recreation (IAC) - funds to
Duiid an over-water boardwalk from First Street to Second Street
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and/or funds to build a softball field in the Andy Pendergast
Memorial Sports Complex. Estimated amount of grant funds is
$150,000.
b. Aquatic Lands Enhancement Account (ALEA) - funds to build an
over-water boardwalk from First Street to Second Street. Estimated
amount of grant funds is $75,000.
Council approval is only to allow submittal of the grant
applications. Matching funds required by the granting agencies are
to be negotiated at a later date. Prior to grant receipt and
implementation Council must authorize the Mayor to sign the grant
contract and must amend the budget adding the grant funds. Amount
and source of matching funds will be disclosed and discussed at
that time.
Mr. Collins questioned reference to Andy Pendergast Memorial Sports
Complex - who named it? Connie Devanev, Grants Manger, stated it
has not been named yet and she was premature in using that name.
Mr. Collins requested this be stricken from the Agenda item as
Council has not taken any official action to designate such a name.
Jim Strait, 6530 Harlow Drive, President Kitsap Lake Neighborhood
Association, questioned the name "Andy Pendergrast Sports
Complex"...who named what? He pointed out it is not the Mayor's
responsibility to negotiate the sale or transfer of property
without the approval of the City Council.
Mrs. Horton requested clarification why there are two applications
for the boardwalk. Ms. Devaney stated there are two categories in
which the City can apply for funding, one is the ALEA (Aquatic Land
Enhancement and the other is the traditional category IAC
(Interagency For Outdoor Recreation). The City is applying for the
over water boardwalk in both of the categories. Potentially one
may be pulled from the Federal category if it is not able to be
strong in that category, but the IAC staff will make that
recommendation to the City.
Mr. Johnson questioned when would the funds expire if the City
received the grants? Ms. Devanev stated the City would have two
years to complete the projects. Notification of award of grants
will not take place until November 1989. Mr. Johnson expressed
concern that even if the City received the funds but not able to
complete the projects on time, that the funding would disappear.
Ms. DevaneY stated it is staff's job to see that the projects are
completed. Mr. Johnson questioned if there is a definite plan
where the boardwalk will go? Don Pratt, Director Of community
Development, stated an Urban Renewal Plan has been adopted which
identifies where the boardwalk will be located. At some point the
Mayor has decided the City needs to commence doing something on the
waterfront and this is part of the plans adopted by the City
council.
Mrs. Horton stated currently the Waterfront Park Committee is
looking into development of a park and at the last meeting they
discussed the boardwalk as well as the park so that if and when it
comes to pass it will be a phased in project so that the two will
mesh.
Mr. Colvin stated he did not object to a sports complex but
questioned when did the Council or citizens vote that they wanted
a sports complex? Mr. Overson explained the Council's 1989 Goals
and Objectives tasked staff to develop a sports complex. This is
a known and intended goal and he recognized concern over names but
he also recognizes the grant application process is a significant
step and urged passage of Council's approve on this issue.
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Mr. Colvin noted the project would require City matching funds and
questioned if a source for those funds had been identified? Ms.
Devannev stated this has not been discussed yet because it is not
known which categories the grant applications will be submitted to.
Each category has different requirements for matching funds, but
any time matching funds are required, the City can use "in-kind"
services, it does not have to be all cash. When IAC gives the City
feedback on which categories the applications will be strongest in
then staff will bring this back to the Council for discussion on
funding. Mr. Colvin noted he knew Andy Pendergast personally and
supported naming a sports complex after him, however, selection of
the name should be done properly.
Mr. Waibel pointed out it was the Council's desire to be better
informed on grant applications being made by the City and this is
a good example of the new process instituted under the direction
of the Grants Manager.
M/S/C/U(Waibel/Colvin) to approve making formal application for a
grant of $150,000 to the Interagency Committee for Outdoor
Recreation (IAC) for the construction of an over-water boardwalk
reaching from First to Second Streets.
Mr. Johnson questioned if the City did receive the requested grant
but something happened and the sports complex did not come about
could the City use those funds to build a ball field in Bremerton
that was not in the sports complex? Ms. Devanev stated if that
should happen it would have to be negotiated with the funding
source at that time.
M/S/C/U(Overson/Collins) to approve making formal application for
a grant of $150,000 to the Interagency Committee for Outdoor
Recreation (IAC) for the construction of a softball field in the
Sports Complex.
M/S/C/U(Dawkins/Crutcher) to approve making formal application for
a grant of $75,000 from the Aquatic Lands Enhancement Account
(ALEA) for the construction of an over-water boardwalk reaching
from First to Second Streets.
6B -CLOSURE OF THE EAST END OF VALLEY DRIVE, ~AB89-160
Laura Anderson, Assistant City Attorney, stated that RCW 47.48
Closinu Hiuhwavs and Restricting Traffic provides the governing
body of any city or town with authorization to close a city street
to travel by all vehicles.
The Council may approve a street closure by Resolution. The
closure then must be completed pursuant to RCW 47.48 which requires
that notice be given to the public prior to the closure of the
street. Notice of the Council's decision must be published in one
issue of the newspaper and posted at each end of the street on or
prior to the date of publication. Actual closure of the street may
take place no sooner than three days after publication.
Mr. Colvin expressed concern if approval is given to this request
the City may be flooded with other requests in the same general
neighborhood. After reviewing the area he felt that making it a
one-way street may be a better solution than a barricade.
President Horninu stated he lives nearby and on many occasions he
had seen near-misses with vehicles turning on to that portion of
street and fully endorses the request.
Mr. Colvin requested Mr. Baker's opinion on this request. Dave
Baker, City Engineer, stated the closure was asked by the residents
of the street because the section in question is a very narrow
section of the street that goes from the lower side of the fill up
to and intersects Marine Drive at a very flat angle. It is a very
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difficult intersection to maintain and an intersection which could
be very dangerous to a driver.
M/S/C/U(Dawkins/Colvin) to approve Resolution #2255, authorizing
the permanent closure of the east end of Valley Drive at Marine
Drive, following the procedure identified in RCW 47.48.
8A - PUBLIC HEARING - RICKMY ROAD ANNEXATION - TO CONSIDER A 75%
PETITION TO ANNMX, REPRESENTED BY UTILITYAGREMMENTS, ANDTO ACCEPT
PUBLIC COMMENTS PERTAINING TO THIS ANNEXATION AND RELATED ZONING,
#AB89-171
The area is bounded by the City on three sides, is predominately
served with City utilities and services, and the annexation will
result in more uniform City boundaries. The area consists of about
41 acres, contains 214 dwellings, and is directly served by Sylvan
Way and Pine Road. Annexation commitments represents more than 754
of the total assessed value.
On March 1, 1989, the City Council considered the initial proposal
and agreed to proceed. The Planning Commission conducted its
public hearing on the matters of planning and zoning and has
forwarded its recommendations. The Notice of Intent has been filed
with the Boundary Review Board. The next step is the Council's
public hearing and final decision.
President Hornina asked the "Appearance Of Fairness/Conflict Of
Interest" question with all Council members being seated.
Ron Houah, Annexation Coordinator, provided view graphs showing the
location of the "Rickey Road Annexation Area", which includes
approximately 41 acres in a square configuration located south of
Sylvan Way and west of Pine Road in the East Bremerton area. The
area is bordered by the City of Bremerton on the north, east and
south.
The existing land uses include residential area in character with
no commercial or industrial businesses. There are two apartment
complexes, The Willows and Shadow Creek, which contain 179 dwelling
units, or about 84 percent of the total units in the area. About
95 percent of the total units are located in the area between Pine
Road and Rickey Road. The area west of Rickey Road contains ten
single family dwellings, a group home and several vacant parcels.
The basis of this annexation is Outside Utility Agreements that
had been signed with the City over a long period of years. The
property owners came to the City and requested services (in this
case sewer services) when the properties were outside the City
limits. At that time, the City agreed to extend the sewer system
to include them if they would agree to annexation sometime in the
future. At the time the agreements were signed and sewer service
extended, the issue of actually annexing the properties did not
seem appropriate. Mr. Hough provided a view graph showing what
the boundary would have been if the individual properties had been
annexed into the City one at a time as they requested City
services...a very irregular boundary line would have developed.
In order to avoid a very irregular boundary an area was developed
to form a more logical and straight annexation area which includes
properties which had not specifically requested to be annexed. The
754 petition method is being used in this case, the Annexation
Agreements themselves constituting the petition.
Current zoning in the area is County R-5 five - 5 residential units
per acre for areas west of Rickey Road. The area where The Willows
and Shadow Creek are located is zoned R-18 and there is a small
portion of R-24. The City, on the other hand, just outside the
area has Single-family to the south, Single-family to the north,
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and Multiple-family along the east side.
The recommended zoning, which is coming to the City Council by
Resolution from the Planning commission, shows Single-family 2 (SF-
2) on the west side of Rickey Road (reason being is that is the
zoning district most similar to the County's zone R-5, allowing a
density of 5 units per acre). Residents and property owners who
have artended the annexation meetings have stated they wish to
maintain their current lifestyle and to continue them as they are.
In response to their request, the SF-2 residential zoning is
recommended. On the east side of Rickey Road an MR zone would be
applied to the high density apartment complexes. At the northeast
corner there is a little pocket of Single-Family 3 (SF-3) which is
comparable to the duplex residential across the street.
A Financial Analysis was provided to all of the property owners in
the Annexation Area to give them an idea what the financial costs
are coming into the City. Under the "Property Taxes" section it
shows an increase of $38.00 per year as well as what City rates are
for various services compared to County rates. Under the
"Utilities" section it shows an increase of about $52.00, which is
based on an average consumption and assuming that everyone has
water, electricity, gas, phone and garbage. The total expense is
about $69.35 or a little under $6.00 per month overall.
City Council met on March 8, 1989, to consider this annexation (the
10% notice of intent meeting) and agreed at that time to proceed.
Two neighborhood information meetings were held, February 14 and
May 23. Part of this informational process involved responding to
questions of neighborhoods/citizens which were responded to in a
document titled: "Facts About ANNEXATION", which answered a series
of 17 questions and included the Financial Analysis. This
information was sent to all residents affected as well as others,
such as Fire Districts, County Commissioner Billie Eder, etc.
After the second neighborhood meeting Mr. Hough was notified there
were additional questions which were not answered on the prepared
document and those answers were provided in a follow up letter
dated May 30, 1989. Mr. Houah requested that the document title
"Facts About ANNEXATION" and his letter to property owners dated
May 30, 1989, be entered into the record.
The Planning Commission held its public hearing on issues of zoning
and Comprehensive Planning on February 21, passing two Resolutions,
one recommending a minor change in the Comprehensive Plan dealing
with high density development that is there now and to recommend
zoning as previously stated.
Citizens and residents of the area had the opportunity to address
the City Council when the 10~ request was made as well as the
public hearing being held at this time.
All City annexations must be submitted to the Kitsap County
Boundary Review Board. If no one challenges the annexation or
formally requests a review within 45 days, the annexation will be
approved. However, if an affected jurisdiction, area owner, or
other petitioners request a review, the BRB will have 120 days
during which to conduct another public hearing and decide whether
to approve, amend, or deny the annexation.
Mr. Houah entered into the record a letter received from Fire
District #15 opposing the proposed annexation.
Bill Brouuhton, Attorney representing several property owners in
the Annexation Area, stated he was somewhat limited, due to his
just being contacted, in cursory review of what has taken place so
far. He stated for the record that he was concerned about the
legal procedure being used in the City's attempt to annex
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no Notice Of Intent To Annex actually filed, nor a Petition for
annexation filed. Instead, the City has filed Outside Utility
Agreements signed by owners of some of the properties in an attempt
to justify a 10% Notice Of Intent To Annex as well as 754 petition.
In his opinion, that will not suffice under the Statute, therefore,
he believes the City, if they desire to annex these areas, needs
to start over and have a proper Notice To Annex prepared and signed
by property owners and further petition. He strongly urged the
City's legal advisors to review this issue closely, make sure the
correct procedure is followed rather than having it decided through
the courts. Mr. Broughton also noted his clients have requested
him to submit a request to the Boundary Review Board asking for a
review.
Mr. HouGh stated the City Attorney's office has reviewed the
Outside Utility Agreements as well as other Court cases involving
such agreements, including the Spokane case, and they feel the
process is correct. Since the agreements do exist it has been
determined that there is no need for a Notice Of Intent.
Mary WaGner, 3125 Rickey Road, stated she believes her rights as
a U.S. citizen have been violated. She pointed out property owners
on the west side of Rickey Road only have 404 who have signed
Outside Utility Agreements with the City and whether or not these
are legal is a question in her mind. She is adamantly opposed to
being annexed, questions the legality of the process being used
and does not want to accept the debts of the City. She also
expressed concern over the down zoning of property.
Jerry Wagner, property owner in Annexation Area, stated he had
previously mentioned during public hearings on this issue, the
question about down zoning properties. Some of the larger pieces
of property will be devalued if the recommended zoning is adopted.
He also questioned if it is within the City Council power, at this
meeting, to change the boundaries of the proposed annexation. Mr.
HouGh stated yes, boundaries can be decreased but not added to.
Mr. WaGner stated in view of that, it would seem reasonable of the
Council to change the boundaries at this time to please the people
who are objecting to the annexation. It does not seem reasonable
that an area as small as it is - area west of Rickey Road - is
going to benefit the City so much as it will benefit the people who
live there and desire to stay outside the City.
Chris Bower, 3209 Rickey Road, state she has been lead to believe
that the Spokane incident involved filing a 104 Notice Of Intent
To Annex as well as a 754 petition. Currently she lives in a rural
environment and does not understand how the City of Bremerton can
help her. Most of the property owners on the west side of Rickey
Road do not actually live there and probably are not familiar with
what is being proposed with the annexation petition. She re-
emphasized that she is opposed to the annexation, that the
procedure being used is undemocratic and urged the City Council to
exclude the west side of Rickey from the annexation area.
Chris Search, west side of Rickey Road, stated she did not believe
the widows who live in the Annexation Area can afford the increased
costs to come into the City.
Mary WaGner, 3125, pointed out that there is no access or easement
to the west 20 acres on the west side of Rickey Road, only
easements of 15 feet from the east to the west. From Sylvan Way
there is a 40 ft., private driveway into the Group Home. On the
south side there is a road that goes in 100 ft., to Greg Brown's
residence. The other 550 ft., of the south part of the 20 acres
has no access.
Bill Brouuhton, Attorney, stated he had read the Spokane decision
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and there was a Notice Of Intent To Annex filed as well as a
petition. Also, an important fact in that case that is not part
of this proposal is that the Outside Utility Agreements signed by
the property owners that were annexed in were signed after the
original Notice Of Intent To Annex was presented to the City. In
the discussion of the case it talks about what the people could
have anticipated at the time they signed the Outside Utility
Agreement...because in Spokane they had already given notice by way
of a Notice Of Intent To Annex as to the terms and conditions of
the annexation it was held to be enforceable. This factual
situation is not present with this current proposal. And, he will
follow up his statement with a letter to the City Attorney.
Mr. Overson pointed out that annexations have their pros and cons
and people do have the right as Americans to speak up for what they
believe, it is their right to be apart of the City and have the
services available.
Kathleen McCluskev, City Clerk, read into the record a letter
received from Chief Wayne Olsen, Chairman of Kitsap County Fire
District #15, stating their opposition to the annexation of Rickey
Road to the City via the methods utilized through the Outside
utility Agreement.
Mr. Crutcher requested legal advise from the City Attorney
regarding the legality of the process being used. Laura Anderson,
Assistant City Attorney, stated it is the opinion of the City
Attorney's office that the City is in full compliance with the law.
The case that Mr. Broughton has addressed is "People/Spokane", a
recent decision only decided June of 1988, and in that decision the
Washington State Court Of Appeals did in fact find that these
Utility Use Agreements could be used in lieu of signatures on a
petition to annex. And that is exactly what has happened in this
instance. There are a couple differences in the cases, one being
that all of the signatures for the 75~ petition are being utilized
through the Utility Use Agreements. That is an important
difference in the opinion of their office. Ian Sievers, City
Attorney, is confident in the City's ability to withstand any legal
challenge. Noting a couple principles in the Spokane case - the
Court upheld those Utility Agreements as valid contracts from the
citizens that owned the properties that entered into the agreements
when they contracted for utility services and in return gave the
City their promise to support annexation. In that case, three of
the people who signed the Utility Agreements opposed the actual
annexation when it came to the City council and the Court founded
a very important fact that those citizens did have a right to come
before the Council and voice their current opposition to the
annexation. But, the important point was that it did not, in fact,
void their contractual obligation and thus the City's ability to
use the Utility Agreement as a basis for or in lieu of their
decision to support the petition.
Mr. Waibel questioned if it is the Attorney's Office opinion that
when the people signed the contracts stating that there was the
possibility of future annexation could they reasonably expect the
City might at some future date annex the property. Ms. Anderson
stated absolutely.
Mr. Crutcher expressed concern that those property owners who
signed the Utility Agreements really knew what they were signing
and how it obligated them to future actions by the City. Mr.
Waibel stated one of the tenants of democracy is "the majority
rules".
President Hornina questioned what does a person receive when a
person signs a Utility Agreement? Mr. Houuh stated in this case
it was sewer service. Basically the City's policy was to not
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Page 10 of 16
extend services outside the City unless there was some possibility
of eventually annexing those areas into the City. So, a way to get
around an immediate annexation was to delay it through this sort
of agreement. President Hornina questioned if there would be any
difference for properties that do not have sewer service if the
annexation is accepted? Mr. Houuh stated there is no difference,
if they remain outside the City there is a sewer nearby and if
their current system failed they would be required to hook up to
the sewer system. Mr. Waibel questioned if the cost of sewer hook
up varied? Mr. Hough stated that cost is varied...if inside the
City it is less costly than if the property is outside the City.
Mr. Collins questioned under paragraph 2 (Utility Agreement), the
validity of the City having the authority to inspect or require
building permits from property owners when in fact the property
is located in the County? Mr. Houuh noted he was not clear on this
statement and it may reference some other type of permit rather
than Building Permits. Bill Duffy, Utilities Director stated the
permits referenced were related to water and sewer. Mr. Collins
questioned if any of the property owners who had signed an Outside
Utility Agreement signed any kind of petition for annexation? Mr.
Hough stated no, they had not signed a separate petition. Mr.
Collins pointed out that the Utility Agreement so states that this
would be required by the City. Mr. Hough stated the Agreement does
state that but the City Attorney's office determined that the
Utility Agreement constitutes the petition itself and is in lieu
of actually signing a petition
Mr. Colvin questioned if the Agreements would be binding on future
property owners? Ms. Anderson stated yes, the Agreement binds
future owners of the property...it runs with the land. Mr. Colvin
questioned if the City had shown beyond a reasonable doubt
annexation would not affect their present life style? Mr. Houah
stated several neighborhood meetings have been held where the pros
and cons of the proposed annexation were discussed. Basic services
provided by the City are at least as good as they are receiving now
if not improved...City Fire Station is 1.3 miles away from the area
on Olympus, emergency medical services available, lower water
costs, lower sewer connection fees, greater number of Police
Officers per area than can be provided by Kitsap County. Also,
zoning is being proposed which would maintain their current life
style with most of the property owners desiring to maintain the
rural atmosphere,i.e., retain their farm animals, etc. However,
there is another group of property owners who felt that their
property values would be down zoned and objected to being
restricted in the uses of their land.
Mr. Houuh requested the letter from Chris Bower, 3209 Rickey Rd.,
dated April 10, 1989, be made part of the record. Ms. Bower's
letter contained a number of questions relating to: City's
indebtedness, mandatory sewer hook up, keeping livestock and fowl
and possibility of down zoning.
Mr. Colvin stated he felt the City should clarify questions raised
by the citizens and Mr. Broughton before further action is taken
by the Council.
President Hornin~ questioned if the residents of the Annexation
Area currently receive Rescue 1 Service from the City? Steve
Bi~elow, Fire Chief- Fire District #15, stated the residents pay
25 cents per $1,000 and are served by Meadowdale Rescue Service.
Mr. Johnson noted this is one of those instances that shows what
happens when the City gives away its benefits before people are
asked to annex. The utility services were provided in good faith
to the property owners and he feels "in good faith" the people
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Page 11 of 16
the cents er paa
e lc cover the cos~ of StY%000 sent o
ro
some of the Fire District, in a year or two, will find out what it
really costs to get services from Bremerton through a contract.
He noted his support for the direction of proposed boundaries for
the Annexation area, it is becoming an urban area and served with
urban services from the City.
Mrs. Horton pointed out residents in the Annexation Area already
use City services, such as: City swimming pool, streets to get to
ferries, etc, and it is becoming an urban area.
Mr. Waibel asked the Assistant City Attorney if the Boundary Review
Board would approve an irregular drawn boundary including only
those properties owned by individuals who signed a Utility
Agreement? Ms. Anderson stated technically it could be allowed but
the general public policy is certainly against that type of
boundary.
Mr. Collins stated his support to delay a decision on this proposal
for two weeks in order to answer questions presented by the
citizens.
President Hornina questioned if the opposing property owners in
the audience lived in the area north of the property identified
under Utility Agreement 80-127 Mr. Waaner stated no, they are
located about parallel with the identified property.
#08,8r./
M/S/C(Johnson/Horton) to approve the Rickey Road annexation as
proposed.
Vote:
In Favor:
Opposed:
Abstain:
Overson, Horton, Waibel, Horning, Dawkins,
Johnson
Colvin, Collins
Crutcher
#0841
M/S/C(Waibel/Horton) to approve the minor amendment to the
Comprehensive Plan Map, as recommended by the Planning Commission.
Vote:
In Favor:
Opposed:
Abstain:
Overson, Horton, Waibel, Horning, Collins,
Dawkins, Colvin
Johnson
Crutcher
Mr. Johnson stated he feels SF-3 zoning designation fits better and
desired to avoid the down zone situation. President Hornina noted
another point of view was cited in preserving the current quality
of life for the residents on the west side of Rickey Road.
Mr. Collins noted it has been the "unspoken policy" of the Council
during annexation to accept into the City those zones which are the
very closest to the existing zone and he felt this should be
continued in this instance.
Mrs. Horton questioned why was the small property, identified as
R-24, zoned SF-3 and the property identified as R-18 designated as
MR...why would this be included in the SF-3 zone rather than the
MR zone? Mr. Houuh explained the small parcel contains four fairly
recent single family homes (not multi-family or high density),
therefore they fit more suitable into the SF-3 zone.
Mr. overson questioned if these citizens have a right to petition
the Zoning Errors and Correction Committee? Don Pratt stated the
Error Review Board's last day for acceptance of applications was
May 11.
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#0986
M/S/C(Overson/Colvin) to approve the City zoning, as recommended
by the Planning Commission.
Vote:
In Favor:
Opposed:
Abstain:
Overson, Waibel, Horning, Collins, Dawkins,
Colvin
Horton, Johnson
Crutcher
8B - PUBLIC HEARING - TOWNE ZONING REVIEW - TO CONSIDER A ZONING
REVIEW COMMITTEE RECOMMENDATION FOR THE CORRECTION OF AN ERROR ON
THE ZONING MAP NORTHEAST OF THE WHEATON WAY/SHERIDAN INTERSECTION,
[AB89-172
Upon adoption of the new Zoning Ordinance, the City council
established a "Correction of Errors" process to find and correct
errors in the text of the new Ordinance and in the application of
zoning to specific properties or areas. Mr. Ray Towne requested
that a review be conducted of the zoning of the shopping area
northeast of the Wheaton Way/Sheridan intersection, which consists
of five lots and several businesses.
The suspected error was reviewed by the Zoning Review Committee on
May 30. The Committee's conclusions and recommendation are now
being forwarded to the City Council for a public hearing and final
decision.
President Horninu asked the "Appearance Of Fairness/Conflict Of
Interest" question with all Council members being seated.
Ron Houuh, Planning Department, provided view graphs showing the
location of the zoning review - at the northeast corner of the
intersection of Sheridan Road and Wheaton, bounded on the north and
east side by Bremerton School District property and across the
street to the west is the Sheridan Plaza Shopping Center and to the
south the old Olympic View School. This district includes five
lots and five different owners.
The subject area is shown on the City's Comprehensive Plan Map as
"Commercial". It does not have the designation "N" which is often
applied to areas intended for neighborhood commercial centers. The
same designation has been applied to the shopping center on the
west side of Wheaton Way.
The previous zoning of the property was zoned B-2 and was part of
the larger district that included the shopping center west of
Wheaton. The present Zoning Map shows that the subject five lots
were zoned Neighborhood Business when the new zoning was adopted.
The types of uses that are presently located there are not
inappropriate for a neighborhood center, with the exception of the
veterinary business which has become a nonconformity as a result
of the NB zoning. The applicant has more than 3,000 sq. ft. of
vacant commercial space but he has found that prospective tenants
can't meet the NB zone requirements. The types of businesses that
wish to locate in this center are not of the small neighborhood
variety.
The Zoning Review committee met on May 30, 1989, and determined
that an error had occurred in the application of Neighborhood
Business zone and felt it was not a neighborhood center, the
existing uses are not typically neighborhood type businesses. The
location and other factors favor General Business. Therefore, the
Zoning Review committee recommends the extension of the General
Business district to the subject five properties.
James Cartar, 2709 N. Lafayette, stated he owns property at 1204
Sheridan Road which borders Mr. Towne's property on the west side
and he is very much in favor of proposal being presented.
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Page 13 of 16
#1240
Mr. Johnson noted his agreement with the proposal, however, he did
point out that the subject intersection is one of the most
dangerous road intersection in Bremerton. He questioned how much
more traffic would be generated with the General Business
designation? Mr. Houah it is hard to say at this time as it
depends on the types of business that locate in that area.
M/S/C/U(Collins/Colvin) to approve the correction of the Zoning Map
as recommended by the Zoning Review Committee. As approved, the
subject five lots will be changed from Neighborhood Business (NB)
to General Business (GB).
6C - 10% NOTICE TO ANNEX - TO MEET WITH PROPERTY OWNERS WHO HAVE
REOUESTED ANNEXATION AND TO CONSIDER THE PROPOSED "SOUTH AUTO
CENTER ANNEXATION", eAB89-168
Notices of Intent to Commence Annexation have been filed by the
owners of nine properties in the vicinity of Werner Road and Auto
Center Way. Based on these notices, a "proposed Annexation Area"
is now being submitted for the City Council's consideration. This
proposal includes 14 lots and portions of Werner Road, Auto Center
Way and S.R. 3 in order to establish the most reasonable City
boundary.
This annexation is being processed in accordance with the
Petition Method. This initial meeting is to consider the request,
determine whether planning or zoning will be adopted, and to
determine whether the petitioners should assume the City's
indebtedness.
President Hornina asked the "Appearance Of Fairness/Conflict Of
Interest" question with all Council members being seated.
Ron Houah, Annexation Manager, provided a view graph showing the
location of the Annexation Area at the intersection of Werner Road
and S.R. 3. The area includes 14 individual lots as well as
portions of Auto Center Way, Werner Road and S.R.3. There is about
19 acres of public lands with a total of 30.6 acres.
Notices Of Intent to Commence Annexation have been received from
all but one property owner in the Annexation Area.
The Central Kitsap Subarea Plan shows all unincorporated areas in
this general vicinity to be classified "URBAN". That category
tends to support a wide variety of uses up to maximum intensities
and includes major commercial and industrial uses.
Bremerton's Comprehensive plan shows the subject area within the
category "Industrial/Business Park", at the southern end of the
Auto Center Way business district. Although the County's Plan is
"URBAN" category is considerably more general, the City's plan
designation appears to be consistent.
Presently the area consists of four different County zones:
R-SMH Residential (incl. mobile homes)
BT Business Trade
BG Business General
LM Light Manufacturing.
Lands to the north and west of the proposed Annexation Area are in
the City of Bremerton and zoned General Industry (GI). No City
zoning has been proposed for the Annexation Area. The planning
Commission will review the existing land uses, the Comprehensive
Plan, and other factors, and will conduct a public hearing before
forwarding a zoning recommendation to the City.
This annexation is being processed by the "Seventy-five Percent
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Petition Method". .This is the most frequently used method of
annexation and requires petition of the owners of at least 75
percent of the area's total assessed value.
Council is now being asked to answer three basic questions:
(1) whether to accept the proposed annexation;
(2) whether to require a Comprehensive Plan amendment and/or
zoning for the annexed area; and
(3) whether to require the assumption of any portion of the City's
indebtedness.
#1588
#1821
#1853
Alice Moans, Sinclair Baptist Church representative, stated the
church had just heard of the proposal on Saturday, June 17. She
questioned if there will be public meetings where citizens will
have a right to speak on this issue? President Hornina stated
yes, and suggested she meet with Mr. Hough to be briefed on the
proposal prior to any public hearing.
M/S/C/U(Johnson/Colvin) to accept the Notices of Intent and proceed
with this annexation; require the annexed properties to assume the
City's current indebtedness following annexation; and that a
public hearing, considering the Planning Commission's
recommendations pertaining to Comprehensive Planning and Zoning of
the subject area.
6D - EMPLOYMENT CONTRACT FOR ASSISTANT CITY ATTORNEY I AT HIGHER
THAN 90% OF MEAN FOR THE RANGE, [AB89-169
The Council approved an additional attorney position at its March
26, 1989 Study Session. Following a selection process, a starting
salary of $28,000 was proposed to Kelly Rhinehart. This figure is
only a slight increase over Mr. Rhinehart's current salary with a
King County public defender corporation.
This contract is submitted for Council approval since the starting
salary exceeds $27,611.10, 90~ of the mean of Attorney I.
Kathleen McCluskey, City clerk, stated in addition to approving
exceeding the 90% Council is also requested to approve a
Budget Adjustment for the position.
Mr. Overson, Chairman of Fiscal and Budget Committee, stated the
funding for the position has been validated by the City Treasurer.
He noted one of the problems of a growing City is the increased
work load and need for additional staff.
Mr. Johnson noted in the Budget Adjustment as well as the Agenda
cover sheet there may be some illegal language - the City Council
does not "approve" anything at Study Sessions.
M/S/C/U(Overson/Colvin) to approve to approve the Budget Adjustment
as proposed.
Mrs. Horton questioned the amount of the Budget Adjustment
($18,000) and the total salary requested is $28,000 - from what
funding source is the difference coming from? Rich Hanna, City
Treasurer, stated the funds in the Budget Adjustment request are
adequate to fund this position from July I through December 31,
1989, so it is not required that the entire annual salary be
included in the 1989 budget.
M/S/C/U(Waibel/Crutcher) to approve the contract with Kelly
Rhinehart for the position of Assistant City Attorney I.
#1985
#2060
#2237
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7A - ORDINANCE (FIRST READING) DISCHARGE OF SEWAGE FROM MOBILE
TANKS, ~AB89-170
Ordinance amending Section 15.04,560 of the Bremerton Municipal
Code which regulates the discharge of sewage from mobile tanks.
The amended section will require haulers to provide records to the
Utility with respect to the origin and strength of the sewage to
be discharged at the Bremerton Wastewater Treatment Facilities and
increase the fee(s) to a level consistent with other Wastewater
Treatment Facilities in the area.
Bill Duffy, Utilities director, stated in addition to the points
previously noted, the ordinance also contains language that
prohibits the discharge of sewage from outside the City's service
area except for emergencies and approved by the Director.
President Hornina questioned if the Utility accepts anything
generated in the City's area? Mr. Dully stated everything with the
exception of those items prohibited under the NPDS permit, such as
debris, grease or hazardous waste, etc.
Mrs. Horton question if Mr. Duffy did spot checks? Mr. Duffv
stated yes, one of the reasons he wanted to set up a manifest is
to find out where the sewage originates. He also has had some
reports recently of some illegal dumping within some of the
manholes of the sewer system and a search is underway to find out
the responsible persons.
M/S/C/U(Crutcher/Horton) to approve Ordinance, on first reading,
regulating sewage discharge from mobile tanks and establishing fees
for mobile tank discharge.
7B - ORDINANCE #4215 (SECOND READING) AMENDMENT TO TAXICAB AND
SHUTTLE/BUS/LIMO REGULATORY LICENSE, #AB89-161
M/S/C/U(Crutcher/Colvin) to pass Ordinance #4215, on second
reading, amending license regulations for businesses operating
vehicles for hire, Chapters 5.54, CARRYING PASSENGERS FOR HIRE, and
5.98, SHUTTLEBUS AND LIMOUSINE, of the Bremerton Municipal Code.
7C - ORDINANCE #4216 (SECOND READING) CORRECTING COUNCIL DISTRICT
LEGAL DESCRIPTION DUE TO ANNEXATIONS, CAB89-162
Kathleen McCluskey, City Clerk, stated this was not a redistricting
of Council Districts, it is simply to add those areas that have
been annexed to the closest Council District appropriate. However,
today she learned that the Lilac Lane Annexation, which is in
Councilman Johnson's district and contains about 12 people, is not
included. Therefore, the legal description for District #9 will
have to be changed to include the Lilac Lane residents. And, those
residents will be added into Precinct #34.
Mr. Johnson questioned if it would be legal to make a motion
including the Lilac Lane Annexation subject to the City Attorney
certifying that the legal description in that annexation met the
modification? Mr. Waibel cautioned that this change would involve
a rather definite change in the intent, because the legal
descriptions would be entirely different, and would necessitate it
being the "first reading" instead of "second reading". Laura
Anderson, Assistant City Attorney, felt it was a borderline
decision as to whether or not it would have to be taken as a first
reading. Mrs. Horton questioned if Council could approve the
proposed ordinance at this time and bring back an amendment for the
portion left out? Ms. McCluskey stated if Council approves the
proposed ordinance the entire ordinance needs to be published and
if amended it would need to be published again which would be
rather costly to the City.
M/S/C/U(Waibel/Collins) to table this item for one week.
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Page 16 of 16
Mr. Johnson noted he had received several calls from citizens
regarding the redistricting process and he wanted to assure the
public that the action just taken is not a redistricting of Council
Districts. There will be a redistricting after the 1990 census and
before that happens there will be a formal procedure put forward
for how redistricting is addressed.
Mrs. Horton stated she had an opportunity to discuss with Karen
Flynn, Kitsap County Auditor, the issue of split precincts and Ms.
Flynn stated the City could request precincts be contiguous within
districts rather than split prior to the City redistricting.
With no further business meeting adjourned at 8:26 p.m.
KATHLEEN L. Y CLERK
APPR D
NCER H cil President
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