HomeMy WebLinkAbout03/02/88 COUNCIL
lIAR - 1988
TAPE #524 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
MARCH 2, 1988
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 2,
1988 at 5:30 p.m. with Council President Hank Waibel
presiding. Council members present were , A1 Colvin,
Spencer Homing, Morrie Dawkins, Shirley Marry Crutcher,
C. R. "Tiny" Collins, Lon 0verson, Russ Johnson and Lynn
Horton. Also present were City Attorney Ian Sievers and
City Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by
Council President Hank Watbel and Invocation was given by
Reverend Michael Grimshaw of the Church Of The Nazarene.
CONSENT AGENDA
A. Minutes Of Meeting Held February 24, 1988, #AB88-059
#0016 M/S/C/U(Horning/Crutcher) to approve Consent Agenda as
presented.
CLAIMS/WARRANT R~GISTER
Vouchers audited and ce~tifted 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 wh/ch has been made available to the
council.
#0033 M/S/C/U(Colvtn/C~utcher) on March 2, 1988, the Council does
approve for payment those vouchers included and further
described as follows: Warrants Nos. 34732 - 34742, 34?43,
34?49 through 34842 and 34848 - 34854 for a total amount of
$159,479.85 and Retirees Payroll in. the amount of
$66,494.00.
COUNCIL MEMBER REPORTS
Mr. Colvin reported he had the good fortune to attend a
meeting sponsored by Kttsap Transit held at the Silverdale
Hotel; and he applauded Kitsap Transit for what they are
doing to enhance transportation and mobility of residents of
Kitsap County. One of the issues discussed was the duel bus
system in the County...School buses and the laws pertaining
to transporting children.
Mr. Dawkins reported that the Ferry Riders Coalition group
met with 9 of the 15 members of the Senate and House
Transportation Committees who indicated that the issues were
now in the hands of the legislators who were in the process
of trading votes - ~nd they were hoping to get the NBT Tax
put through on a permanent basis or at least a two year
term. Also, there is the possibility of the Legislative
Session being extended into a Special Session. Mr. Dawkins
noted that he did attend the VFW dedication of the new flag
at the Pavilion.
Mr. Collins reported on a letter he received from Mrs.
Peterson regarding clean up of the City, which reminded him
of a discussion on a proposed clean up of downtown that was
suggested at a previous Council meeting but he did not have
a date and time and would like further information on
planned event.
TAPE #524
City Council Reg. Mtg. Minutes
March 2, 1988
Page 2 of 16
Mr. Crutcher explained that the suggested clean up would
start sometime in April with efforts coordinated with Brem-
Air Disposal along with Roy McGinnis and youth in the
community. Mr. Crutcher attended a meeting on Tuesday
evening where The Sun, and PSNS representatives discussed
minority employment at PSNS, fair labor practices, etc., and
his purpose for attending the meeting was to represent the
City. He was happy to report that the City has a higher
percentage of hiring minorities and Blacks then the others.
Mr. Crutcher expressed his appreciation to the Mayor and
staff for making the efforts to see that equal number of
minorities, women and Blacks are hired.
Mr. Colvln stated for clarification that it was the Busy
Hands Homemaker Extension Group who have been the power
behind the downtown clean up effort and they deserve the
credit for their hard work.
Mrs. Horton reported that she also attended the Kitsap
Transit meeting and found it to be very informative.
Mr. Homing reported on Kitsap Transit~s briefing of
elected officials with several Chamber members also in
attendance on Kltsap Transit~s progress over the past five
years. He noted that it is his privilege to service as Vice
Chairman of the Transit Co~tttee and that Bremerton is
well represented on the board. Many of the early milestones
that were set are comlng~nto reality to beneflt the entlre
County. Also, Paratransit has been recognized nationally
for the work they are doing in our community.
Mr'. Waibel reported he was unable to attend Kitsap Transit's
meeting due to his being ill, however he did attend the
Transit Board meeting today and another stage in the
development of the downtown bus terminal was passed and
action taken to surplus all the excess buildings on the
~ound in that area which will be either sold or torn down.
At the Traffic Safety and Emergency Management Council
meeting an announcement was made that Emergency Management
will hold a luncheon meeting on March 30, 12:00 (noon) to
2:00 p.m., for elected offlc~als. Mr. Waibel announced that
the number of flre calls within the City of Bremerton has
gone up since a year ago and urged everyone to check their
homes for fire safety.
P[IBLIC I~ECOGNITION
Kathleen McCluskey, City Clerk, read a Proclamation honoring
American women of every race, class and ethnic background
for their role in founding this nation, contributing to
every sphere of our Nation's life by constituting a
significant portion, of the labor force working in and
outside of the home, serving as volunteers for charitable,
philanthropic and cultural institutions in the country -
with Mayor Gene Lobe proclaiming the month of March, 1988 as
"WOMEN'S HISTORY MONTH", and encouraged all citizens to
observe such month with appropriate ceremonies and
activities. Mayor Lobe presented the Proclamation to Helen
Htggs, representing Federal Employed Women. Mrs Hi~s
stated that the women in our nation are working quietly
behind every activity and thanked Mayor Lobe, personally and
as representative of the FEW, for enacting this
Proclamation.
TAPE #524
City Council Reg. Mtg. Minutes
March 2, 1988
Page 3 of 16
Mary Dr0uin, 103 Olympic Avenue, representing the Busy Hands
Homemaker Extension .Group, thanked the Council for
recognizing the group's clean up efforts. Mrs. Droutn
briefly stated the past cooperative efforts given by the
City and citizens during the 198.7 clean up 'effort,
especially recognizing' Mayor Lobe for his personally
contributing $100.00 for the School Poster Contest,
Bremerton Community Relations Team from Pacific Northwest
Bell who donated 8250.00 toward publishing costs for their
cause. Once again, the City is in need of a clean up and
Mrs. Drouin requested that the City get behind the "Annual
Spring Clean Up" which is held for one week in April and
designated by the Department Of Ecology and other related
agencies for State-wide clean up. She urged the City to
participate fully as well as work diligently to encourage
the citizens of each Council District to follow your
example. Mrs. Drouin announced that Councilman A1 Colvtn
has the detail information on this years clean up event and
also noted Mr. Colvints personal involvement with the
Co~mittee and donation of 810.00 toward mailing expenses.
Faye Kidrick, 1530 Madrona Drive, representative of the Busy
Homemakers Extension, stated she felt that the previous
clean up efforts did "make a difference" and encouraged the
City to consider the problem and come up with a plan.
Roy McGlnnls, 2711 Maple Street, reported that he did not
see any other City elected officials other than Marry
Crutcher and A1 Colvin aK the closing Black History Program
and noted that all who ~id not attend missed a excellent
program. Also, Mr. McGtnnis was pleased to see women's
efforts being recognized as the Proclamation set out and
hoped that some time in the near future we can come together
as a people - not having to have a special celebration for
Black History or for women.
6A - CITY TELEPHON~ TAX ON ENHANCED 911 SYSTEMr #AB88-O60
The City levies a 6.3~ tax on PNB for telephone services.
Brenda Hostetter, CenCom Director, has asked that the City
reimburse CenCom for the tax on the E-911 System. The cost
to the City w~ll be approximately $6,600 per year. if
Council approves this request, it is suggested that Ms.
Hostetter provide the City with itemized PNB bills on a
quarterly basis for reimbursement. This was presented at
the February Council Study Session.
Brenda Hostetter, CenCom Director, stated she would stand by
for any questions Council may have. Ms. Hostetter did
emphasize that some cities in ~he State have excluded
revenues from Federal, State, County and cities.
President Waibel stated for clarification to the public that
the telephone tax is not a new tax as previously announced
on a local radio program.
Mayor Gene Lobe emphasized that the subject tax is that
which is collected on a normal telephone system and he
stated his support to take off the tax on the E-911 system.
Mr. Johnson expressed concern that if the City approves
reimbursement it may be setting a precedent and suggested
that- the City consider funding E-911 for approximately
$6,600 per year. Ms. McCluskey stated that the staff
supported the idea of funding and that is the reason they
had not recommended amending the ordinance formally
exempting CenCom because of the concern about Federal, State
TAPE #524
City Council Reg. Mtg. Minutes
March 2, 1988
Page 4 of 16
and local agencies that are taxed and recommended an annual
payment of the approximate amount depending on the
documentation given by CenCom.
Mr. Overson stated for the record that he did not support
the concept or the proposal.
#0?80 M/S/C/U(Crutcher/Collins) to approve reimbursement based on
verification billings from CenCom.
Vote: In Favor: Crutcher, Horton, Homing, Waibel,
Collins, Dawkins, Colvin, Johnson
Oppose: Overson
President Waibel announced that Item 6B will be heard after
Item ?A
6C - REQUEST FOR 'APPROVAL OF PURCHASE OF VEHICLES AND
RELATED BUDGET ADJUSTId~NTr #AB88-062
Need has arisen to purchase four vehicles which were not
anticipated in the 1988 budget. The budget adjustment
requests describes the circumstances necessitating each
vehicle. All of the vehicles are owned by the Equipment
Rental Reserve Fund and the necessary funds for their
replacement as available,
Rich Hanna, City Treasurer, stated that all four vehicles
are owned by Equipment Rental Reserve Fund and monies are
available to make the purchases of the vehicles. Each of
these requests carries with it its own set of circumstances:
Budget Adjustment Request #!
Mr. Dawkins requested co~ents from the Chairman of the
Fiscal and Budget Committee on the requests. Mr. Overson,
Chairman of the Fiscal and Budget Committee, stated that
each vehicle has to be supported on its situation, normally
these should have been budgeted, however, it is recognized
that the budget process starts early in the year and
sometimes these kinds of things don't make it or are not
needed until the next year. Committee recommended passage
of Request #1.
Mr. Johnson questioned the best method...to purchase a new
vehicle or to invest $1,500 to repair and how long would
that add to the life of the vehicle? Mr. Hanna stated that
there is an i~ediate need for $1,500 mechanical repairs to
restore the vehicle to a safe operating condition and it is
not to be confu~ed with restoring it to a like new
condition. Mr. Homing questioned the use of the truck and
if the $1,500 repairs were completed how long will it
extend the life of the vehicle? Ken Brees reported that the
vehicle is used by ~he Sign Shop on a daily basis and the
repairs could possibly last one more year. Mr. Hornina
questioned trade-off value of the vehicle? Mr. Brees stated
approximately $?50.00 and a year from now would be about the
same.
Mr. Collins questioned why the Department needs a 3/4 ton
truc~? Mr. Brees explained the vehicle is used to carry
sand, gravel, guardrail, block, etc., depending on the work
and a ~ ton truck is not adequate for this type of activity.
City Council Reg. Mtg. Minutes
March 2, 1988
Page~.,5 of 16
#1266 ~ M/S/C/U(Overson/Colvin) to approve Budget Adjustment Request
' ~#1 relating to purchase replacement vehicle for #3030.
Budget Adjustment Request #2
Mr. Brees explained this vehicle was a supervisor's
vehicle - since the City is now back in the sewer
maintenance business with the Street Department working for
the Wastewater Utility, a foreman position was reinstated
which necessitated the need for a vehicle. The vehicle
which was assigned to this position previously was then
given back to the fleet and assigned to the Garage. Upon
requesting the return of the v~hicle to the Street
Department it was learned that as part of the contract with
the garage management the vehicle in question was to be
provided to the garage. Therefore, if a new vehicle was to
be purchased the Department preferred having a new vehicle
and letting the Garage keep the old vehicle.
Mr. Johnson questioned where the funds were being
transferred .... asking why is the Transportation Department
paying the Street Department? Mr. Hanna stated.., taking
one thing at a time, Council will make a decision regarding
a new vehicle for the Street Department and then depending
on that decision there remains to be seen whether there is
an issue to be dealt with in the Transportation Department.
Mr. Johnson questioned if the City owns the vehicle why is
it necessary to do all this paper work? Mr. Hanna stated
we will need to reimburse the Street Department's account
within the Equipment Rental Reserve Fund for the balance of
the Cumulative Reserves~:~ for this vehicle. Mr. Johnson
stated this did not hav~. to be done previously. Mr. Hanna
stated that the Street Department has continued to make the
Reserve payments on this vehicle.
Mr. Overson stated that in this case the City is not
replacing a vehicle that has gone away - the City also owns
the vehicle that goes to the Garage. Now, there is a
requirement for a new vehicle.., so ultimately the '81 will
have to be replaced using the Equipment Rental Reserve Fund
and 10 years from now the new proposed supervisor truck
would have to be replaced. Mr. Overson questioned the need
for a ~ ton pickup rather than a smaller size which would
cost less? Mr. Hanna explained that the proposed vehicle
is a Chevrolet S10.
Mr. Col/ins expressed concern as to why the City is giving a
pickup to a contractor? Mr. Hanna explained under the terms
of the operation of the Garage the MLS is to provide the
building, the shop facilities, vehicles and major tools.
The contractor is only responsible for the small hand
tools - everything else is to be provided by the City.
-~J#1607 M/S/C(Overson/Collins) moved that this item be tabled for
further study.
Vote: In Favor: Overson, Crutcher, Horton, Wa/be/,
Collins, Dawkins, Colvin, Johnson
Oppose: Homing
President Waibel announced that this item will be discussed
at the March ? Study Session.
.... Budget Adjustment Request
Mr. Overson questioned if in deed the vehicle is two years
past its estimated life, why was it not included in the
budget process. Mr. Hanna explained that as a part of the
TAPE #524
City Council Reg. Mtg. Minutes
March 2, 1988
Page 6 of 16
1988 budget process the responsibility for this functton was
transferred from the Police Department to the Treasurerts
Office. To the best of his knowledge during 1987 this
vehicle was continuing to operate in a reasonably efficient
manner, however, in the last few months the vehicle ceased
to perform in a reliable manner.
Mr. Johnson questioned the need for an $8,500 Cushman to fix
parking meters when other types would be less expensive?
Mr. Hanna stated he did not invest a lot of investigation
into what vehicle would best perform this function, instead.
he relied on the fact that the City of Seattle uses this
type for the same function.
Mr. Co/l/ns questioned the use of a 3-wheeled vehicle and
its safety/ factor. Mr. Brees explained that this type of
vehicle drives on the sidewalk and is used to collect money
from the parking meters. Also, a pickup type vehicle would
weigh too much and not be able to drive on the sidewalk.
Mrs. Horton questioned if other cities sell their vehicles
that are in good use? Mr. Hanna stated that most cities use
their vehicles to the fullest extent and by the time they
are surplus they are not in very good shape.
#1788 M/S/F(Oollins/Johnson) moved to table this item and ask the
Treasurer to research what will best serve Bremerton.
Vote: Oppose: Overson, Crutcher, Horton, Homing,
Watbe~, Collins, Colvin, Dawkins,
Johnson
Motion failed.
#1957 M/S/O/U(Horntng/Horton) moved to approve purchase of a new
vehicle to replace Vehicle #1551.
Budget Adjustment Request #6
Mr. Hanna explained that at the time the 1988 budget was
prepared the vehicle was performing in a satisfactory manner
until about three weeks ago when it suffered a cracked
engine block.
#2003 M/S/C/U(Hornlng/Crutcher) moved to purchase a vehicle to
replace vehicle #0432.
6D - CAPI?At ~SKT RKQUKST - KT~KCTRONIC ENGINE ANALYZER~
~AB88-063
The requested asset ts an electronic engine analyzer which
wtll allow the contractor to perform necessary maintenance
and repair of City vehicles. This equipment will improve
the quality of the maintenance effort on all vehicles and is
a necessity in order to maintain the new vehicles added to
the fleet which will have computerized engine systems.
Under the terms of the operating contract, the contractor
has proposed to purchase the analyzer and pass the cost
along to the City through their monthly billings. The funds
already budgeted will be sufficient to meet the cost of
operations and this equipment will be required to sub-let
all diagnostic work on vehicles with computerized engine
systems. This additional cost is estimated at $6,300 for
1988 and will increase in future years as more computer
equipped vehicles are added to the fleet.
TAPE #524
City Council Reg. Mtg. Minutes
March 2, 1988
Page 7 of 16
Mr. Hanna announced that Mr. Dave Nichols, representing the
Garage, was available for technical qu~stions.
Roy McGinnis, 2711 Maple Street, relayed a personal
experience in his profession whereby an expensive analyzer
was purchased but not utilized and he was opposed to the
City purchasing similar type equipment if it would not be
used efficiently.
Mr. Johnson stated he thought the City had purchased this
type of equipment previously. Mr. Nichols stated that the
machine at the garage, when he took over, was a 1970 vintage
and not functional and cannot perform any type of diagnostic
test. The requested machine has a two fold mission - it can
diagnose and tell what is wrong and tell which sensors are
sending the voltage to the brain of the vehicle. This
machine can diagnose emission controls levels so that they
can be maintained at a legal level. There is no way to
bring the old analyzer up to date. Also, the requested
analyzer has a complete training program included that will
take the mechanics of pre-'80 thinking and bring them up to
a level-where they can work on the new '88 vehicles without
damaging them. Mr. Johnson stated that "training" is not
part of the contract with the garage - that the contracting
company is responsible for that function.
Mrs. Horton questioned how. many cars that the City owns will
be used on the analyzeryand how often it will be utilized?
Mr. Nichols stated right' now he would use it every time a
vehicle was run through t'he preventative maintenance process
which, with the new Police vehicles, could be a 60 day
period. The analyzer is built to analyze vehicle from
1981.
President Walbel questioned if the $6,300 represents the
best cost estimate for doing this work for the next year if
the City did not have the equipment? Mr. Nichols stated
the $6,300 is based on 3ust the Police Department and his
travel time taking the vehicle back to the dealership for
servicing. Mr. Waibel asked if the City had any other
equipment which could be used on the analyzer - such as Mr.
Duffy's generators. Mr. Nichols stated if the generators
were equipped with gasoline motors then yes, it can be used.
Mr. Colvin questioned if the analyzer was being purchased
for the new vehicles recently purchased and subsequent
purchases? Mr. Nichols stated yes and any other vehicles
that will be purchased in the future. Mr. Colvin asked how
soon the analyzer will be used. Mr. Nichols stated as soon
as he received approval for the equipment - noting that the
Police vehicles were checked out in Seattle and he was not
present when this was done.
Mrs. Horton expressed concern that if this piece of
equipment is approved and purchased, that there is some way
to identify it as City property in the event the contract is
no longer in place.
Mr. Johnson again expressed concern over the issue of City
buying training for the contractor. Mr. Nichols stated
that the training package is available for an additional
cost.-
~APE #525 Mr. Crutcher asked when was the requested analyzer first put
out. Mr. Nichols stated that this model came out in late
1987 and will probably be the last analyzer ever requested
TAPE #525
City Council Reg. Mtg. Minutes
March 2, 1988
Page 8 of 16
and within the next 10 years the vehicles will be equipped
to self diagnose and print out and self-test each component.
#0015 M/S/C/U(Dawkins/Overson) to approve acquisition of engine
analyzer under the garage contract, for an amount of
$11,500, excluding any training package.
7A - RESOLUTION #2207 ADDRESSING BUILDING~ FIRE AND ZONING
CODE ENFORCEMENT POLICYw ~AB88-064
Because of budget and staff shortage, past City policy has
been to pursue only Code violations that were considered an
immediate danger to llfe.
The Building Department has experienced a large increase in
the number of complaints from the public. These complaints
are demanding actin to be taken against those who permit
decaying and abandoned buildings to exist. The complaints
maintain that these buildings are creating a public nuisance
and allowing conditions to exist that will attract children
to areas of possible injury.
The City's Building Codes permit flexibility in enforcement
with the Building Official responsible for determining the
level of enforcement.
The Mayor supports an enforcement policy that will take
action to eliminate decaying, neglected buildings and other
public nuisances in the C~ty.
Kathleen McCluskey, City Clerk stated that a letter had been
received from Mr. Andrew Parypa, 1122 Hayward Avenue,
supporting Mr. M~a's resolution and in support of
increased enforcement of dangerous buildings.
Richard ~a, Building Official, briefly restated the
intent of the resolution. Mr. ~a stated that the past
policy of the City and Building Department has been to
actively enforce only those Code violations that were
considered dangerous to life, limb and possibly an
attractive nuisance. The Mayor has asked that the policy be
upgraded to include public nuisances, areas that are not
currently being actively enforce...more passively enforced
than the Mayor would like. The Building Department is also
experiencing an increase in complaints and a good number of
them are dealing with garbage, litter and standing open
abandoned buildings and abandoned vehicles on private
property. It is important to define the difference between
an abandoned building, neglected building, public nuisance
or lust a building that is unoccupied. Mr. ~a made a
slide presentation which included pictures of current
existing conditions which they are proposing to upgrade
enforcements on.
E. L. Sturdivant, '$23! Halverson, stated it was his
understanding that enforcement measures were already in
place and the responsibility of the Building Department to
enforce. Mr. Mumma stated that when the previous Building
Official was abating for the City there appeared to be some
public dislike for his methods and, the proposed resolution
is to obtain Council's attitudes toward an increased
enforcement policy so the same mistake is not repeated.
Mr. Dawkins stated that if the slide presentation did not
convince the Council nothing will.
TAPE #525
City Council Reg. Mtg. Minutes
March 2, 1988
Page 9 of 16
Mr, Overson pointed out the most sensitive part of this
process is (1) the legal procedure and method approach and
(2) the proper definition of a dangerous structure that
needs to be removed...the resolution does not include
language that describes these condition. Mr. Mumma stated
that the Council has adopted, by ordinance, the Uniform Code
for Abatement of Dangerous Buildings and the Uniform Housing
Code - these two Codes specifically mention what
constitutes a public nuisance and dangerous building. Mr.
Overson questioned if the City will provide the owners
information as to what their rights are and options
available to them? Mr. ~,mma stated yes - in the notice
in order to abate that the Building Official serves on the
violator of the Code there is a statement required that
advises them of their option to appeal this action. There
are other safe guards built into the procedure that is
designed to protect the property owner or violator from an
over zealous Building Official. Mr. Overson raised issue
of protection for the City in the event it took action in
demolishing a building but later was determined that the
City did not have the right and would have to rebuild the
structure at City expense. Ian Sievers, City Attorney,
stated that with all the appeal mechanisms in place and
notification to property owners and everyone with an
interest in the property (including mortgage holders) the
City should not experience this problem. If the City
proceeded with a demolition and an appeal was. never
requested, then it is the property owners problem. Mr.
~a stated that he and~the City Attorney are working on a
nuisance section with th~ recommendation for adoption to the
Code that will help define some of these public nuisance
types of violation. Also, the Police Department has given
him a special commission to write tickets or citations in
certain areas of the Municipal Code dealing with garbage and
litter which should expedite problems in these area.
Mr. Johnson thanked Mr. Mumma for undertaking this
responsibility and noted that in fact he was not changing
the Council's position but that the Department is ready to
undertake the responsiblllty and actively do something in
these area. Also, one thing that concerned him is that
normally the particular fund involved is a semi-revolving
fund and if the City carries out a demolition the property
owner receives a lien against his property and someday the
City may be reimburse with funds going into the revolving
account - are procedures set up to continue this practice?
Mr. Sievers stated that in the Code on dangerous buildings
there is a good collection procedure with funding coming in
within three years of the action. The lien has a priority
that is equal to a Tax Lien which is the highest priority
and does not go away even if a mortgage holder, deed of
trust holder or real estate contract is recorded against the
title ahead of the lien, it would go to the top of the list
with taxes and would be collected by the County along with
overdue taxes if not paid off within three years. The
Council will be given the cost of demolition and approve
the method of collection, either to put a lien against the
property or pursue collection from the property owner
immediately. Don Pratt, Planning Director, stated that the
way the fund is established now any money received from
liens is turned into the General Fund. This is not
established as a revolving fund -Just a line item for
demolition for this year, when it is gone it is gone and if
more needed then a request would come before Gouncil.
TAPE #525
City Council Reg. Mtg. Minutes
March 2, 1988
Page 10 of 16
#0401 M/S/C/U(Colltns/Colvln) to approve Resolution #2207,
adopting Bremerton Neighborhood Enforcement Program.
6B - B~DGgT A~J~STMENT C~EATING A B~DGET LINE ITeM FOR
9~T~N~.WT OF D~ BUIn~ING$ AND P~]BLIC N~ISANCES, ,AB88-061
Budget adjustment Is intended to compliment Resolution
#2207. Resolution #220? supports stricter enforcement of
exlsting building, f/re and zoning codes concerning dead
buildings and public nuisances.
Because of financial hardship or lack of concern, some
property owners choose not to abate unsafe buildings or
other conditions on their property defined as a public
nuisances.
In response to public demand tn such cases, the City must
take steps to immediately abate these dead buildings and
public nuisances. The City will then take any actin
necessary to recover the costs of abatement from the
property owner.
Richard Mumma, Building Official stated that this is a line
budget item to do away with some of the nuisance problems
and recommend that it be adopted.
Mr. Overson questioned if the Council approves this item how
long before the City wou~d see results? Mr. MUmma stated
as soon as legally feasible - 60 days is the minimum in the
Code and he and the CiTty Attorney will be working with
prudence to see that the action taken are proper and not
putting the City in any liability. Mr. 0verson stated that
the Council Fiscal and Budget Committee recommended approval
of this item.
#0683 M/S/C/U(Orutcher/Hor~on) to approve Budget Adjustment
creating a Budget Line item for abatement of abated building
and public nuisance in the amount of $10,000.
Mr. Johnson requested that the Fiscal and Budget Committee
review the method to maintain the approved line item and to
come up with a recommendation to be presented at the April
Study Session. President Waibel noted that the Co~mittee
Chair was present to take that request under advisement.
YB - ORDINANCE ,4147 (SECOND READING) AMENDING ORDINANCE
· 3887 ~RnATING TO CITY UTILITY CAPITAL IMPRO~NT$ AND
RELATED PROJECT FINANCE, ,AB88-057
#0?6? M/S/C/U(Horning/Crutcher) to approve Ordinance #4147, on
second reading, relating to the combined water and sewerage
system of the City and amending Ordinance #388?, as amended.
7C - ORDINANCE #~148(SECOND P~.a_DING) AMENDING HEARING
EXAMINKE 0EDINANCE #3960~ ,AB88-058
Kathleen McCluskey, City Clerk, read into the record a
letter received from Art Anderson, 17~2 Ohio, opposing the
ordinance.
The following individuals spoke in opposition to the
ordinance: E. L. Sturdivant, 3231 Halverson; Cecil
McCon~ell, 3240 Almira Drive, Roy McGinnis, 2711 Maple
Street; W. J. Warren, 2520 Stephenson; Jim Adrian, 621
Washington; Pat Carey, 109B Oak; City Clerk read into the
record a letter received from Carl Rhodes, President of the
Sheridan Neighborhood Association. The major concern
TAPE #52§
city council Reg. Htg. Hinutee
Harch 2, 1988
Page l! of 16
brought forth by the above individuals was the proposed
elimination of the City Council serving as a further appeal
on the Hearing Examiners determination and causing the
citizen to incur additional expense if appeals had to be
heard from the Hearing Examiner at the Superior Court level.
Mrs. Horton stated that after hearing from constituents on
this issue and giving it a great deal of consideration she
came to the conclusion that there are areas within the City
ordinances that have some gray areas and some pieces of
legislation may be outdated and need to be updated or
eliminated. However, the Council now has the opportunity to
put the Council back into the appeals process as well as to
make the process such that the Council can make changes
and/or update in those gray areas and requesting the Hearing
Examiner to point out errors of procedures/ordinances which
then can be corrected.
Mr. Collins brought up a point of order that the previous
motion, on first reading, had been approved and that this
action needs to be removed before additional action can be
taken. President Waibel stated that if the new motion is
passed it would make it "first reading" of this amendment
because it was a substantial change from first to second
reading.
Mr. Horning stated that Mrs. Horton has added a section
which he would consider Section 17, which is also important
because it is requesting the Hearing Examiner to red flag
areas in the process that need improvement. Also, the
other sections of the ordinance streamline the process for
the citizens not the Council.
Mr. Colvin questioned the inclusion of a fee for filing an
appeal and felt that it would stifle some citizens from
filing an appeal and did not support citizens having to pay
to have their problem heard by the City Council or Hearing
Examiner.
President Waibel pointed out that the suggested compromise
is what he suggested at the previous meeting, however, he
did not get any support at that time. And, by keeping the
City Council in the appeal process we are increasing the
cost to the citizens because they now have an extra step to
go through.
#1573 M/S/C/(Horton/Horning) to approve Ordinance #4148, on first
reading, amending procedures of the Office of Hearing
Examiner and amending B.M.C. Chapter 2.84, with the
elimination of the #1 provision eliminating appeals to the
City Council and to include a new section under
"Recommendations To Council" stating: "If in the conduct of
hearing any appeal under this chapter the Examiner becomes
aware of any apparent error, conflict, inconsistent or
ambiguity in ordinances concerning the subject of appeal
the Examiner shall forward a recommendation for legislative
action to the City Council and City Attorney".
Vote: In Favor: Johnson, Dawkins, Collins, Waibel,
Homing, Horton, Crutcher, Overson
Oppose: Colvin
8A - PUBLIC gEe. RING - REZONE RZ-12-87 - A REQUEST BY THE
HARRISON GROUP TO R~ZONE TH~ LOTS OM THE EAST SIDE OF
~Y AVENUE BETWKKI[ CALLAHAII AMD ASH STRKKTS~ FKOM R-I
(RESIDENTIAL) TO B-2 (BUSINKSS)~ #AB88-065
TAPE #52§
City Council Reg. Mtg. Minutes
March 2, 1988 ~
Page 12 of 16
The applicants o~m three contiguou~ lots on Cherry Avenue,
two of which Include duplexes. They would like to convert
one or (eventually) both duplexes to medical or social
service uses and are requesting a rezone from R-1 to B-2 to
make this possible. Rezones are decided by the City Council
and approved by ordinance. If this request is approved,
staff will prepare the necessary Rezone Ordinance and
related findings for the Council~s consideration at a later
meeting.
President Homing asked the "Appearance Of Fairness/Conflict
of Interest" question with all Council members being seated.
Ron Hough, Planner, gave a brief description of the
properties, using a view graph, noting that two lots have
duplexes and one lot is vacant. The surrounding property
uses are commercial on the west side of Cherry avenue,
behind the property is residential (both single fnmtly and
duplexes), to the south- business 2, which ts the same as
that being requested by the applicant. The applicant
believes there is a need for additional, reasonable and
accessible office space in the vicinity of Harrison Hospital
to meet the needs of various health and social services and
this is what they have in mind for the two duplexes - to
convert them to office t~pe use. Mr. Hough stated that the
Comprehensive Plan includes policies related to residentia!
and commercial development i.e., Goal: Promotes a quality
system of social and health services that is accessible to
all in need"~ Land Use~ Element talks about location of
facilities conveniently ~nd ensuring adequate facilities and
the Overview Elem~ ~t of :the Comprehensive Plan talks about
about livable neighborhoods including "visible and
accessible conm.~nity services". Human development
opportunities should include "needed social services
provided by caring private or public agencies. The proposed
development does fall under these policies and are a part of
the basis of this application. The lots are located on the
border between the commercial designation and residential
designation of the Comprehensive Plan. Staff's
recommendation is to include the properties in the
commercial designation because Cherry Avenue has already
become a collector street servicing the hospital. There ts
no recommendation to zone anything commercial on the other
side of the block along Ash Street - that should remain
residential and Ash should remain a residential street. The
type of uses being proposed ts /ow in intensity and this
type of use has been incorporated in the proposal for
"Professional Office Zoning" when that comes into affect.
Mr. Hough stated the "Circulation/Transportation" was one of
the primary issued at the Planning Commission Hearing under
public input - the street is narrow with no vehicles parking
on the side even though it is not signed for no-park lng and
it was determined that the use at this time is about ~ of
its capacity. Calcdlattons were made of increased traffic
if the intended use of the properties was developed which
amounted to about 5 additional vehicles per hour. It was
felt that the traffic issue of this particular site was not
significant. Comments from City Departments indicated if
new development were considered that certain improvements
would have to be undertaken. The Manette Neighborhood
Association opposed the rezone citing that they felt
medical offices do not need to be located close to the
Hospital and felt tt encroached on the residential
neighborhood and felt parking was very restricting already
and that any parking should be limited to the site.
TAPE #525
City Council Reg. Mtg. Minutes
March 2, 1988
Page 13 of 16
Mr. Hough stated that the Planning Commission~s
recommendation was blocked on a 4-4 vote and after
discussion was unable to untie the vote so they took a ?-1
vote to send this item to the City Council without a
recommendation. Therefore, the staff recommendation is to
approve the rezone request, but with the condition that all
permitted uses and site development requirements be limited
to those currently being considered for the new Professional
Office (PO) zoning district. If the approval was given
including the conditions when the height restrictions of:
Maximum Lot Coverage ................
Min. Setbacks Front ................. 20 Ft.
Side .......... same as adjacent resid, zone.
Rear .......... same as adjacent resid, zone.
Maximum Height .............. 30 Ft. (up to 60 ft. with PUD)
Max. Bldg. Area Under Roof.. 5,000 sq.ft. (larger with PUD)
If the new proposed Zoning Ordinance is adopted, these
conditions would be removed automatically. The applicant is
agreeable to the conditions, however, it would restrict his
development considerably. Mr. Hough stated that there were
four exhibits at the Planning Commission meeting that were~
read into the record but not forwarded to Council: (1) set
of six colored photos; (2) a letter from Mr. & Mrs. Jack
Weller, 2633 Ash Street Apt. B, they opposed the rezone due
to narrow street and traffic; (3) letter from Mr. a Mrs.
Albert Lena/d, 2?20 Ash Street, they purchased the house for
residential neighborhood and cite dangerous traffic levels
for their opposition~ (~) letter from Mr. and Mrs. Harold
Westfall, 2630 Ash Street, citing their opposition due to
traffic and on street hospital related parking and the
possibility that their view might be blocked. The major
issues are encroachment into a residential block, however,
Cherry Avenue is a collector street with commercial
development already in place; traffic - at present there
does not appear to be traffic back up with adequate
surrounding parking; view obstruction - by having the
conditions that the development requirements be the same as
the proposed PO zone, any development wou~d be limited to 30
ft., with the only exception to that would be a PUD but a
PUD would require a larger piece of property than the
proposed property.
David Olson, Planner at Harrison Memorial Hospital and
staff persons for Harrison Group, stated that the request
is officially being made by Harrison Group which is a
corporation created by the Board of Directors of Harrison
Memorial Hospital to assist the hospital in filling its
mission. Both boards are comprised of local community
residents who volunteer their time without payment. Because
Harrison Group and Harrison Memorial Hospital are non-profit
organizations, all revenues and donations to them go to
furthering the hospitals mission to provide health and
medical services to the community. Mr. O/son stated that
the requested rezone'and development of the properties would
enable them to further carry out and provide services needed
as a part of the hospitals mission. The hospital has become
very crowded and there is a need for additional space to
support certain needed services provided by agencies inter-
relating to the hospital. Due to extensive hospital
construction regulations and requirements, the cost of
constructing hospital space often exceeds $100.00 per sq.
ft. -Due to this high cost it seems prudent to look at
options to relocating hospital services to other locations
but near enough to allow interaction and access. Currently
the property is located across from a commercial property
and with the intended use as office space will serve as a
TAPE #525
City Council Reg. Mtg. Minutes
March 2, 2988
Page 14 of 16
buffer between the commercial and reeidential areas. In
terms of parking for the proposed offices - the properties
each can support the proposed office functions and parking
would be included on site. Impact of traffic is not a
major concern because of the size of the functions and the
already established access on Cherry Street. There is no
plan for taller facilities than currently exists and with
the added conditions would ensure the limited height
restriction. The Harrison Group believes that the requested
rezone is in the best interest of the whole community and
requests that it be approved.
Pat Carey, 109-B Oak Street, expressed concern with the
impact on parking in the area and does not want to see any
more encroachment on the neighboring green belt. Mr. Hough
stated if the use is changed from Residential to
Professional Office use the applicant will have to provide
the parking required in the Code.. one space for 300 sq. ft.
Kathleen McCluskey, City Clerk, read into the record a
letter from Mrs. Harold Westfall expressing the need for a
new traffic count on Cherry and Ash Streets, noting that
both streets have become accesses for traffic coming to the
hospital. Also, large delivery trucks are using these
streets which create additional congestion.
?APE #526 Mr. Dawkins stated his concern for further encroachment into
the residential area and increased traffic by both vehicles
and delivery trucks. H~ questioned if a third story could
be added to the extsttng.lstructures? Mr. Hough stated that
the building cannot exceed 30 ft. Mr. Dawktns questioned
what would protect the:~ residents along Ash Street from
become commercial? Mr. Hough stated that the Comprehensive
Plan shows that everything on the west side of Cherry be
commercial all the way to Sheridan and it is best to keep
the uses in the same categories for both sides of the street
and Cherry Avenue has developed into a more commercial area.
President Watbel questioned if more doctor offices would be
added or if the intent is for offices for services? Mr.
Olson stated that the lots to the south are rezoned to B-2
and owned by doctors with the possibility that doctor
offices may be built...the three lots under this rezone are
being considered for functions that are hospital related and
not doctor offices. Also, the hospital does recognize that
parking at the hospital is a problem and separate efforts
are being taken to try and resolve them.
Mr. Collins supported giving a less intensive designation
such as B-1. Mr. Hough stated B-1 is a less intensive
zone, similar to a neighborhood convenience sort of zone..
retail stores and shops, limited uses to serve neighborhoods
such as groceries, confectionery, medical/ dental cllnics.
Mr. Collins stressed the need to help provide a buffer
between the commercial and residential and the B-1
designation would provide this additional buffer.
Mr. Horntn~ pointed out that staff is recommending B-2 with
conditions that will protect and provide a buffer and
actually more restrictive uses than B1. Mr. Hough stated
his concurrence, noting that the majority of those uses are
Special Use Permit type uses.
Mr. Johnson questioned what the staff's recommendation is
for rezone? Mr. Hough stated B-2 with the conditions which
includes the proposed Professional Office designation and in
so doing trying to avoid the need for a Concomitant
TAPE #526
City Council Reg. Mtg. Minutes
March 2, 1988
Page 15 of 16
Agreement. Mr. Johnson expressed concern that this was not
legal. Mr. Hough stated they are proposing it as a
condition of approval. Ian Sievers, City Attorney, stated
he was not sure how they could do that as they need to
record it on the property records (Concomitant Agreements
are recorded on the property record) and the conditions
relate to an ordinance. Don Pratt, Planning Director,
stated it will be accomplished by enforcement of the Zoning
Ordinance, which will be written to say that only these
uses can occur on this site under these conditions, a
building permit will not be issued for anything but a
development that meets these conditions and if anything else
is built it will not be occupied...if occupied it will be
eVicted. Mr. Sievers stated the only problem is notice to
people who buy the property with recording zoning ordinance
that rezones it. Mr. Pratt stated future property owners
are not his problem - the future property owner has the
responsibility to research the title and finding out what is
in it. His understanding was that this could be done by
enforcement rather than a Concomitant Agreement. Mr.
Sievers stated that previously when requiring a Concomitant
Agreement it included something that was already in the
land use regulations that would have to be approved by some
other land use control, such as City Engineer, and in this
instance special conditions are being specified on this
parcel and notification of such must be provided.
Mr. Johnson stated he s~pported this proposal, however he
wasn't sure how to accomplish and stated his concern with
the continued rezones in this area and felt the need to
move cautiously. He noted that Bremerton probably needs
more medical services and supported the rezone. Mr. Hough
stated if the request is approved it will come back to
Council in ordinance form with Finding of Facts and
Conclusion attached and the ordinance could probably 'be
recorded along with the deed of the properties. President
Waibel questioned if Council could pass it with the proviso
that a Concomitant Agreement be reached. Mr. Sieves stated
that Council needs to pass what type of z~ning they want and
it will be brought back in proper form, such as a Contract
Rezone.
#0481 M/S/C/(Overson/Horning) after considering oral and written
testimony and information contained in the staff report, do
move that the City Council approve this rezone of the
subject three lots, as described and illustrated in the
staff report, from their present zoning designation of
(residential) to B-2 (business) with the following
conditions:
(1) All permitted land uses and site development
requirements shall be limited to those currently being
considered for the new Professional Office (PO) zoning
district; and
(2) Upon adoption of a new Zoning Ordinance and Map for the
City of Bremerton, the permitted uses and development
requirements will be governed by the requirements of the
zoning district that Is applied at that time.
Vote: In Favor: Overson, Crutcher, Homing, Wa/be/,
Colvin, Johnson
Opposed: Dawkins, Horton, Collins
TAPE #526
City Council Reg. Mtg. Minutes
March 2, 1988
Page 16 of 16
With no further business meeting adjourned at g:10 p.m.
KATHLEEN L. MCCLUSKEY, CITY CLERK
HANK WAIBEL, Council President
City of Bremerton
KLM/HW/me
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