HomeMy WebLinkAbout07/15/87 JUL Jg7
TAP~ #4~ UNAPPROV~.D DRAFT
CITY COUNCIL MEETING MINUTES
July 15, 1987
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, July 15,
1987, at §:30 p.m. with Council President Spencer Homing
presiding. Council members present were Hank Waibel, A1
Colvin, Morrie Dawkins, Shirley Marry Crutcher, Russ Johnson
and Lon Overson, Mary Lou Long, C.R. "Tiny" Collins. Also
present were City Attorney Ian Sievers and Kathleen
McCluskey, City Clerk.
The meeting opened with the Pledge of Allegiance led by
Council President Spencer Homing with Reverend Michael
Pickard of Crossroads Neighborhood Church giving the
Invocation.
CONSENT AGENDA
A. Minutes of Meetings held July 1, 1987 and July 8, 1987,
#AB87-203
#0027 M/S/C/(Colvin/Crutcher) to approve Consent Agenda as
presented.
Vote: In Favor: Overson, Crutcher, Dawkins, Horning
Collins, Long, Colvin, Johnson
Abstain: Waibel
CLAIMS/WARRANTS REGISTER
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.
#0053 M/S/C/U(Colvin/Long) on July 15, 1987, the Council does
approve for payment those vouchers included and further
described as follows: Regular Warrants numbering 30492
through 30600 in the total amount of $181,903.02
COUNCIL MEMBER REPORTS
Mr. Johnson reported that there is still a fruit stand doing
business on a multi-family zoned lot and he would like to
see some action resolving the problem.
Mr. Colvin pointed out that the City is doing well keeping
within the budget. And, this week he had an opportunity to
visit the City of Vancouver, Washington, meeting their Mayor
and Council members, touring City Hall and becoming familiar
with a public information program which is provided via a
closed circuit TV system.
Mrs. Lonq brought up a possible legal point on action which
was taken by Council a week prior in approving the
appointment of Police Chief Lynn Coney. This concern was
brought to her attention by Mr. Start Christensen and
questioned if Council's approval of Chief Coney contract,
which included a waiver of Civil Service rights, was in
violation of the City Charter which stipulates that the
Police Chief will be under the Civil Service System. Ion
Sievers, City Attorney stated that the waiver in the
contract does recognize the position is still in Civil
Service for the benefit of the employees in the Department
who may wish to use the Civil Service System for promotion
to that position, according to the rules and in the
selection procedures required. The intent of Charter that
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City Council Reg. Mtg. Minutes
July 15, 1987
Page 2 of 13
that position be there for the benefit of the public and
other employees is still upheld - Mr. Coney is just waiving
his rights of tenure. Mrs. Long continued to take the
position that the Council has the responsibility to uphold
the Charter and follow the Civil Service Rules as adopted.
Mr. Collins introduced Kay Wilson, Planning Department, who
handed out to Council members a copy of a Discussion Draft
titled, "DOWNTOWN WATERFRONT URBAN RENEWAL PLAN". Ms.
Wilson gave a brief history account of prior actions leading
to the development of the Plan and described the area
identification as running along Washington Avenue to east
side of Washington, includes all land adjacent to the water
up to Fifth Street and down to the ferry terminal. It
includes land that is under water, owned by DNR and leased
to various organizations. Described in the plan were
land/water uses which included: mixed
commercial/residential, commercial/hotel/museum, ferry
terminal, linear park and pathway system. Also included is
a Design Concept which describes some of the concepts
discussed including a pathway park along the waterfront, new
road along the waterfront (Waterfront Avenue) and extension
of Burwell street connecting to Waterfront Avenue and view
corridors which extend out from each street. With each
corridor there would be height restrictions so as to help
preserve the views from uphill. Pedestrian overpasses and
ferry traffic flow pattern are also included. Under Urban
Renewal Law the City has the authority to condemn and
acquire land or to acquire land without condemnation. Ms.
Wilson identified those properties targeted for acquisition
which covers the bulk of properties in the designated area.
A small portion of land is identified as "subject to
acquisition at at later date" and public-rights-of-way to be
required or vacated have also been identified.
Implementation of this plan is designed to ensure that
redevelopment is phased to minimize disruption within the
project area. The overriding intent is to work
cooperatively with property owners to bring about orderly
redevelopment in a timely manner. The City will resort to
condemnation procedures only if owners do not choose to
develop or rehabilitate their property in conformance with
the Urban Renew Plan. Ms. Wilson pointed out the next step
will be to begin work on an Environmental Impact Statement
on this Discussion Draft Plan and should be released
sometime in the fall, there will be public hearings on the
EIS, before the the Planning Commission and again to
Council. When the City finally adopts the plan it will be
come law.
Mr. Collins reported, for the benefit of the Scalawag
Committee, that everything has been worked out so that no
work to re-route traffic flow during the demolition process
of the ferry terminal will begin before August 9th.
Mr. Waibel reminded Council members that the time for the
Budget process to begin is near and to keep on track with
the schedule which was provided earlier. Also, that
Council's Goals, Objectives and Special Items will be in the
form of a Resolution and on Council Agenda for July 22,
1987.
Mr. 0verson stated we are having some experience with the
Sidewalk Vendor Ordinance which demonstrates it may need to
be altered and may be brought before Council in the near
future. At a recent YMCA meetinG plans were outlined
stepping up the tempo for their Grand Opening activities.
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July 15, 1987
Page 3 of 13
Mr. Overson read a letter from a constituent of his District
in which he praised Bremerton, citing those things which
make the quality of life in Bremerton for he and his family
so great.
PUBLIC RECOGNITION
Stan Christensen, 419 Plum, voiced his objection to the
recent action taken during hiring of the new Police Chief
and his signing a waiver exempting him from Civil Service
jurisdiction. Mr. Christensen cited the City Charter and
that it is up to the people, by ballot vote, to determine if
they want their Police Chief under Civil Service Rule, not
the new chief's choice. Also he raised the question...did
the requirement to sign a waiver from Civil Service come up
during the interview process?
Dorothy Christensen, 419 Plum, expressed her opinion that
Don Cundiff should retire as Assistant Police Chief and not
as Chief due to disparities at the time of his appointment
to the Chief's position.
6A - REIMBURSEMENT AGREEMENT LEON FOX - NATIONAL AVENUE,
#AB87-204
Mr. Leon Fox has constructed a sanitary sewer to his
property at First and National at his own expense. The
sewer has been inspected and approved by the Engineering
Department. Mr. Fox is entitled to receive compensation for
connections into the sewer.
Jan Stemkoski, Assistant City Engineer, outlined the history
of this action, noting that Mr. Fox installed a sewer line
in 1983 and through an over sight on his part did not bring
action to collect cost of installation before now. Mr. Fox
expended $15,000 to install the sewer and that is the
maximum he can be reimbursed. Each time someone connects to
the sewer on that line he will receive the cost of the sewer
connection minus the inspection fee.
Stan Christensen, 419 Plum, questioned if a precedent hadn't
been set when Hazelwood put in his sewer and asked for
reimbursement? Mr. Stemkoski stated that the ordinance
still exists for reimbursement agreements.
Mrs. Lonq questioned if Mr. Fox has been receiving sewer
service since 1983 and been charged for this service. Mr.
Stemkoski stated that Mr. Fox has been billed and paid for
sewer service since hooking up to the sewer system.
Mr. Waibel expressed concern that a time limit for making
application for reimbursement may be relevant in this issue.
Mr. Stemkoski stated there is normally a 10 year period for
reimbursement and Mr. Fox will receive reimbursement only
during those years since acceptance...- from 1983 to 1993.
#1362 M/S/C/U(Waibel/Crutcher) to accept the Reimbursement
Agreement.
6B - BREMERTON COt~4I/NITY ACCESS CHANNELt #AB87-205
The 1987 Budget contains $10,000 for remodel of Council
Chambers for Cable T.V. broadcast. Proposal #2, as
suggested by Council Fiscal and Budget Committee, provides
for purchase of special effects generator and color monitor,
to defer purchase of carpeting in the amount of $2,364.?0
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City Council Reg. Mtg. Minutes
July 15, 1987
Page 4 of 13
and instead purchase a character generator which will cost
between $2,400 and $2,600. The difference in cost can be
covered by the funds remaining from the $4,500 budgeted for
1987 Operational Costs (approximately S/,O00).
Ms. McCluskey, City Clerk, stated that the items on proposal
#2, special affects generator and monitor, are permanent
items for this facility (Council Chambers). The Character
Generator is a piece of equipment which could be used any
where, not just Council chambers, and is a needed item.
Robert Smitter, 1511 Park Avenue, spoke in favor of
expending funds to set up cable casting noting that there
are many individuals who cannot physically come to Council
meetings and would then have a way to participate in and
become knowledge of City issues. He did not support the
idea that the filming of Council meetings would affect the
way people vote during elections. Currently TCI does have
the capability to provide a delayed broadcast of Council
meetings. Mr. Smitter questioned the costs quoted for
equipment and felt that equipment could be obtained at a
lesser cost. Also, in the event that Council approves the
televising of Council meetings he believes he and Mary Lou
Long are entitled to an apology from the Council for their
past actions regarding this issue.
Ruth Davies, 1511 Park Avenue, stated that if the Council
wanted to televise their meetings it could have been
done...TCI has the equipment to do it. She felt that it did
not take a "professional" to produce a viable program and
that it was more important to inform the public than worry
about finding a professional to take on the responsibility.
Lynn Horton, 2028 Taft, supported the public access channel
but did oppose any further expending of city funds to
telecast Council meetings due to the City's financial
constraints.
Stan Christensen, 419 Plum, stated his belief that if any
Councilman opposed televising the Council meetings they must
have something to hide.
Mr. Crutcher urged the Council to approve proposal #2 and
purchase only that equipment which can be used in any
location and reserve the remaining funds until Council
decides to start broadcasting Council meetings.
Mr. Johnson pointed out that the City is required by law to
utilize a portion of the fee received from the Franchise
operator for administration and use of the Cable system.
And, there are three types of cable access channel, one
being public access where people can take films and work
with the Cable Company to put it on, another is education -
closed circuit loops between schools, City Hall, Fire
Stations, Police Stations so that videos can be played for
public use or education and lastly, governmental channel
for control during a national disaster as well as
government broadcast. The request is not just to put
Council meetings on cable but to ready the Council Chambers
which can be used for al/ kinds of meetings/organizations.
Mrs. Lonq supported the position that TCI had equipment
available to undertake broadcasting Council meetings and
public activities currently without Council having to expend
additional monies. And, that too much emphasis is being
placed on a "professional" production approach by the Cable
Committee.
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City council Reg. Mtg. Minutes
July 15, ~987
Page 5 of 13
Mr. Collins expressed concern that a plan has not been
developed covering the Council and public uses for the
access channel.
Mr. Overson stated that of the responses he has received
from constituents, 100% of them have supported not spending
additional funds towards the access channel program.
Mr. Colvin supported keeping the public informed, however,
he did not want to see Council get into a position where
there was early enthusiasm for a cable access commitment and
then not have funding available to carry on with it.
TAPE #467
Mr. Homing stated for clarification that currently there
is capability to utilize equipment through TCI, there does
not appear to be a large volunteer effort to promote and
provide manpower to carry out this function and Mayor Lobe
has indicated he does not have staff available to dedicate
time for development of programming.
Mr. Johnson stated that there is no funding trade off for
other City needs and the funds available through the
Franchise fee must be used for administration and use of
cable access channel. And, if Council sends this issue back
to the Committee that it give the Committee clear direction
as to what it is looking for in additional information.
Mrs. Lon~ expressed her concern over the lack of manpower to
assist in coordinating a volunteer effort and offered her
services to carry out such a program. Also, she pointed
out that with the approval of funding for additional
equipment to ready the Council chamber, it would reduce the
liability for individuals using the portable equipment.
Mr. Homing requested Council members to state specifically
what additional information they are seeking. Comments
given are as follows:
1. Manpower source for a two year period.
2. What can be done in a very low-manned way?
3. Detailed plan of action and milestones as to what
will be done with the access channel.
4. How the public access will be developed as it goes
on the air.
5. What is financial impact if an individual damages a
camera/other equipment?
6. If approval is Given to purchasing equipment for
use in Council Chambers, what is the difference in
liability risk to individuals usinG that equipment
versus the portable equipment?
7.A check list of volunteers.
8. Kinds of programming to be shown, how many hours of
specific types - what is the plan.
#0091 M/S/C(Overson/Collins) to continue this issue remitting it
back to Committee requesting that they provide additional
information so Council can come to a decision
Vote: In Favor: Waibel, Collins, Colvin, Overson,
Dawkins, Homing
Oppose: Long, Johnson, Crutcher
8A - PUBLIC HEARING - HOLLY TERRACE WEST (X0 ACRE} FINAL
SUBDIVISION PLAT, LOCATION: APPROX., 1/2 MILE NORTHWEST OF
PINE ROAD AND SYLVAN WAY, ACCESSED BY BRISTLECONE DRIVE AND
MONTICOLA DRIVE, APPLICANT: HOLLY HOMES INC., #AB87-208
TAPE #467
City Council Reg. Mtg. Minutes
July 15, 1987
Page 6 of 13
The City approved the Preliminary Plat on June 13, 1984 for
27 single family lots.
Ian Sievers, City Attorney, Gave a brief review of the
process to be carried out in a Final Plat approval, citing
ROW 88.17.170 and citinG in summary from Professor
Settle's comments in his publication "Washington Land Use";
and that the decisions relatinG to public health, safety and
welfare, provision of access, open space, parks, drainage,
etc. are made at the preliminary plat approval (in this case
three years ago) and they were made pursuant to laws in
affect at that time and no change in those conditions can be
made without the approval of the developer.
President Horninq asked the "Appearance of Fairness/Conflict
of Interest" question with all Council members being
seated.
Ed Davis, Planning Department, pointed that at the time of
approval of the preliminary plat (June 1984), there were
seven conditions imposed:
(1) Portray the Auditor's Number for the easement Granted
to the City for access to the Tracyton Water Shed;
(2) Portray the dividing line between Monticola Drive and
Bristlecone Drive;
(3) Contact the Kitsap County Public Works Department
regardinG required improvements to Monticola Drive right-of-
way;
(4) Revise typical roadway section to show right-of-way
line behind sidewalk;
(5) Revise pavement width shown to comply with the City
Engineer's January 24, 1984 letter to PAC-TECH;
(8) Submit detailed designs of utility systems for City
Engineer's approval prior to commencinG work.on site;
(7) Storm Drainage: the proponent must provide a binding
legal agreement to insure the continued proper functioninG
of any detention facility installed. In view of the
City/County involvement this agreement must be approved by
both jurisdictions.
Mr. Davis stated that, as required by the Preliminary Plat,
six notes have been posted to the plat fulfilling the
conditions as set:
(1) All lot corners staked with 5/8" rebar and cap.
(2) A 10' wide utility easement will abut all right of ways
in this plat as depicted here on.
(3) The division between Bristle Cone Drive and Monticola
Drive shall be at their intersection with RidGetop Ct.
(4) A 20' wide easement 10' each side of the natural
drainage swale from Tract "B" to the West property line.
(5) Sub3ect to covenant recorded under Kitsap County
Auditor's File No. requiring payment of assessment
for maintenance and operation for storm detention system.
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City council Reg. Mtg. Minutes
July 15, 1987
Page 7 of 13
(6) Twenty ft. utility easement between lots 8 and 9 shall
permit periodic ingress and egress of maintenance equipment.
Steve Demarest, Attorney representing Holly Homes Co.,
stated his support of the statements made by the City
Attorney regarding the final plat approval process. He did
indicate that difficulties have been experienced since the
preliminary plat approval and the present time and indicated
the cooperation they have received through the Planning
Department to help resolve them. There are two issues which
the proponent desires to have resolved by the present
Council: (1) the off-site road improvements; and (2)
whether this subdivision is limited to single family
resident structures or if it is inclusive of the ability of
developer or lot owner to construct a duplex due to the fact
that the zoning in that area is R-1 which allows single
family dwellings as well as duplexes. On the issue of off-
site road improvements, Mr. Demarest argued that the
developer cannot be legally bound to make improvement to
property that does not abut the project itself or
immediately adjacent to it. When contact was made with the
County Public Works Department the response received was
that they recommended, not required, upgrading Monticola
Drive from north boundary of Cedar Grove Estates to Sylvan
Way to same standards as depicted on typical roadway section
on preliminary plan as submitted and at a later date
indicated they desired a two inch overlay. Mr. Demarest re-
emphasized the County's response was a recommendation and
not a requirement or condition of the plat (note: was not
included on the check list, sent by Planning Department, to
applicant for completion of preliminary plat conditions).
Mr. Demarest cited a law case... Miller vs. Port Angeles
1984, in support of his argument on the "off-site
improvement" issue. In regard to the issue of limiting the
development to single family residences... Mr. Demarest
pointed out that through the initial development process
the applicant expected to develop single family homes,
however at the time the developer decided in favor of
building duplexes in place of single family dwellings, a new
SEPA check list was submitted to the Planning Department.
Holly Homes Inc., corresponded with the City via written
letter requesting information as to the zoning designation
for that area and if it was possible to build 27 duplexes
instead of 27 single family residences on this land.
Planning Department's response to Holly Homes, Inc.,
indicated that they could build 27 duplexes instead of
single family dwellings if they met all necessary criteria
through the building permit process. Holly Homes then
submitted plans for duplex construction, paid the plan check
fee of $831.69, and then the applicant was informed by the
City that duplexes could not be built in the development.
Applicant requested to have the plan check fee refunded if
in deed duplexes could not be considered for this area and
the City's response was - no refund would be made. Mr.
Demarest requested striking portions of the proposed
Resolution referencing a 15 day period for completion of
conditions after passage of Resolution and, Section 1
referring to limiting development to single family
dwellings/special use permit process by property owners and
Section 3 - posting of a bond or other security for
securing the construction of additional improvements to
Monticola Drive. The developer did agree to designate
Tract A as a S-acre open space for the development.
Linda Cochran, Attorney for the Cedar Grove Action
Committee - neighborhood group surrounding this proposed
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City Council Reg. Mtg. Minutes
July 15, 1987
Page 8 of 13
project, stated her involvement with this group and project
for the past 10 years. The position of the neighborhood
group is supportive of the Planning Department's
recommendation. During the preliminary plat process the
developer had met with the neighborhood group, assuring them
that the project would involve single family dwellings, with
all supporting documentation (i.e., EIS, etc.) stating that
fact. Ms. Cochran quoted from a letter written by developer
dated April 30, 1984, to the Planning Department that stated
his intent to provide covenants but that they would not be
ready until final plat approval. Upon the evidence
presented during the Preliminary Plat approval, Ms. Cochran
based her position that single family dwellings was a
condition of the Preliminary Plat approval. The Sheridan
Neighborhood Association Plan indicates that the density on
this property should be medium density or 4 to 5 units per
acre. If duplexes are allowed density would be over 8 units
per acre. Also, the Plan states that the development should
be in conformity with surrounding neighborhoods. Even with
the single family designation this property will have a
greater density than surrounding neighborhoods. Ms. Cochran
did not support Mr. Demarest's position that the developer
would not be bound to provide off-site road improvements
citing a reverse opinion of the legal case- Port Angeles vs.
Miller. Ms. Cochran pointed out that the three acres being
dedicated as open space has no access and it would be
difficult for even the developer to build on the property
and this may not be as great a concession as the developer
would like it to appear. As a final comment, Ms. Cochran
stated that state law, is quite clear that the rights of the
citizens cannot be denied here because one individual in the
Planning Department made a statement, which in this case was
in error.
The following individuals spoke in opposition to allowing
construction of duplexes but did support approval of final
plat if all condition of Preliminary Plat approval are
fulfilled:
Jewel Edwards, 300 Bristlecone Dr.; Dale Bergoise, 243
Bristle Cone Dr.; Michael Powell, 3612 Cedar Grove St.;
Sandra Binz, 251 Sugar Pine Dr.; Peggy Bearbower 3523
Monticola Dr.; Don Urwin, 3618 Pine Cone Dr.; Mrs. Bruce
Avery, 312 Sugar Pine Dr.; Bill Parker, 3605 Gedar Grove;
Darrell Thayer,3601 Pine Cone Dr.; John Lewis, 3619 Pine
Cone Dr.; Dick Bearbower, 3523 Monticola Dr.; Bill Mitchell
253 Bristlecone; Murray Plattner, 315 White Pine Dr.; Diane
Reed, 3505 Monticola Dr.. Specific concerns cited included:
impact of traffic on health and safety of surrounding
neighborhoods, lack of access to Tract A, lack of covenants,
no provision for greenbelt, density issue, valuations of
surrounding residences
Steve Demarest, Attorney, stated that concerns relating to
impact of parking is controlled through the building permit
process and ground cover is controlled through the Zoning
and Building Codes which helps to protect over building an
area. In response to Tract A and its being landlocked - the
area between lots 8 and 9 already has an easement allowance
for utilities and it would be acceptable to the developer to
provide ingress and egress to Tract A through Tract B for
public use. In response to increased traffic on Monticola
Drive, it is a common occurrence that when a development is
going in that young people tend to race along the newly
paved areas and this generally decreases when buildings are
built and occupied and parental control is available. In
response to the question about value of homes decreasing if
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City council Reg. Mtg. Minutes
July 15, 1987
Page 9 of 13
duplexes are construction .... the current zoning does allow
for duplex construction, possibly the zoning for that area
needs to be reviewed. The developer believes that all
conditions have been met.
TAPE #468
Mr. Horning raised questions as to current zoning and
density that exist today. Mr. Pratt, Planning Director,
stated that the density permitted by zoning would allow
duplexes on lots with 5,800 sq. ft. of property and the
existing land uses in the area are single family. Mr.
Homing asked when was the condition of Monticola Drive
added to the check list. Ian Sievers, City Attorney,
stated that it was always a part of the conditions coming
out of the Preliminary Plat approval, however it did become
apparent upon checking the covenants that not all of the
dedications, signatures and some of the covenants on the
plat did not meet all conditions, restrictions stipulated
and necessitated his incorporating wording in the resolution
to cover those areas. Mr. Sievers stated that the off-site
improvement condition needs to be either in place prior to
plat approval or bonded for. Mr. Horning questioned
Council's right to designate single family dwellings if not
previously in preliminary plat. Mr. Sievers stated that
Council cannot change conditions but they must determine if
it was a condition imposed during that process and upon
review of documents it appeared that it was an implicit
restriction on this plat because it was represented in the
required documents.
Mr. Waibel expressed concern with the wording of the
Resolution in that it says conditions will be met not that
all conditions have been met, as required for a Final Plat
approval. And, a maintenance condition is just a condition
that is continued on for a period of time. Ian Sievers
explained that if environment impacts are predicted a
condition is usually set to maintain improvements or take
care of problems that may develop in the future .... sometimes
a Home Owners Association is set up to maintain property or
certain conditions on the property. Most real improvements
can be assumed by the City and not require any thing
further. In this case the storm retention system is a high
maintenance system and a covenant is provided where the
property owners will provide funding to help maintain the
system.
Mr. Collins stated that the covenant stipulating only
single family dwellings not give the developer all his
rights under the Zoning Ordinance but the community should
also be protected in some way and could be by the use of a
Special Use permit.
Steve Demarest, Attorney, stated that the developer brought
before Council the question whether or not the condition
restricting the use to single families was an appropriately
imposed condition and it appears through your discussion,
that it is an appropriate condition and the developer will
live with that condition.
Mr. Johnson raised the issue of Tract A being landlocked and
not appropriate as a park due to limited access by public.
Ian Sievers stated the Parks Director was not in favor of
a lot of public access because of nuisance problems, but it
will serve to offset density of the development.
TAPE #468
City Council Reg. Mtg. Minutes
July 15, 1987
Page 10 of 13
Mr. Waibel pointed out that the issue of Tract A being
public land is not identified in the Resolution. Ian
Sievers explained that originally the storm retention area
was identified as Tract B which included the land now
identified as Tract A and it was the City's desire to divide
the property so that two departments would be responsible
for maintenance rather than one. Mr. Demarest re-emphasized
that it was the developer's desire to keep the property as
one piece - Tract B and it was just a few days before the
hearing that the City proposed splitting the property into
two designations (Tract A and Tract B) and access is
available to Tract A between Lots 8 and 9.
#1122 M/S(Waibel/Colvin) to continue this hearing for three weeks
solely for the purpose of assuring that these conditions are
shown on the final submittal documents and no further
changes could be addressed.
Vote: In Favor: Collins, Colvin, Johnson, Overson,
Dawkins, Waibel, Horning
Oppose: Long, Crutcher
8B - PUBLIC HEARING - REZONE R-2 TO LP AT 1024 AND 1028
FOURTH STREET, APPLICANT: DAVID AND INA WINGO, #&~87-209
On June 16, 1987, the Planning Commission voted 6 to 0
recommending approval of the proposed rezone from R-2 to LP.
A copy of ordinance is presented for first reading. There
were no conditions to be met, therefore, no Concomitant
Zoning Agreement is necessary.
President Horninq asked the "Appearance of Fairness/Conflict
of Interest" question with all Council members being seated.
Jack Allin~ham, Planning Department, outlined the efforts
put forth by the Council, Planning Commission and Planning
Department covering a period from June 10, 1986 through
March 18, 1987 and to the present time. Based on past
history the Planning Commission has found that this rezone
proposal does meet the four minimum criteria necessary to
grant a rezone. There is a resident structure on the
property which will create a legal non-conformity.
David Wingo, 2740 2nd Street, Retsil, WA., owner, stated his
appreciation of the Planning staff, Council and Planning
Commissions cooperation. As to the residential structure,
he indicated that it will be used to house an individual to
act as manager over the parking area. Mr. Homing clarified
Mr. Wingo's intent that he was seeking Council's approval
for him to continue to use the residence and Mr. Wingo
responded - yes. Jack Allinqham stated that when a rezone
occurs land uses in existence at the time of passage of that
Ordinance have a legal standing and although it is not the
intent of this Ordinance to turn the back yards of
residences into parking lots and Council should be warned
now and in the future of this. If Council approves this
request it will then be allowing the residence to be used
as a non-conforming use.
Mr. Waibel stated that there are lots of uses allowed in a
R-2 zone in addition to residence - do all those possible
uses become legal non-conforming uses or does only the use
that it is actually being put to become non-conforming?
Jack Allin~ham stated that if any of the other uses were
existing at the time of the rezone then they too would
become non-conforming. Don Pratt, Planning Director, stated
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City council Reg. Mtg. Minutes
July 15, 1987
Page 11 of 13
that as long as the house is used as a residence it is a
legal non-conformity, however, if it were to be turned into
an office then it would be an illegal non-conformity use and
require an enforcement action.
Mr. Colvin questioned Mr. Wingo intent to provide a buffer
zone or landscaping. Mr. Winqo stated he had been informed
that he would be required to provide some type of screening.
#2055 M/S/C/U(Collins/Long) to approve Ordinance on first reading
amending the use and area maps of Ordinance 1792 upon
application of rezone from R-2 to LP and subject to various
requirements and other applicable laws and regulations
(Wingo).
6C - PROPOSED HIRING OF TWO CORRECTION OFFICERS (TEMPORARY
POSITIONS}, ~AB87-206
During the budget process for 1987, in order to meet a
$160,000 reduction in operating capital, the Police
Department terminated three corrections officer positions in
addition to not filling two vacant police officer positions.
To meet the demand for correction officers, the Department
reassigned three line officers to correction officer
positions. This was a short term move as the County was to
be ready for our prisoners by mid year 87.
After six months of budgetary uncertainty at the State
level, the County has received the required funding to
complete work on the Bremerton Wing, however, it will not be
completed until late November, early December 1987. As a
result of a settlement between the City and Teamsters Local
589, the City has agreed to seek funding for additional
corrections officers (2) to replace the commissioned
officers currently working in the jail. Action to hire two
temporary corrections officers will require Council approval
as funds necessary do not exist in the current Police
operating budget. Additionally, payoffs totaling $8,300.00
to two Corrections Officers RIF'd in the budget process is
necessary.
Captain Joe Hatfield, Bremerton Police Department, stated
that the statement presented by the City Clerk provided all
necessary background information and was available for any
questions.
Dave Hiestand, Director of Personnel, explained the
direction taken by management during the 1987 budget
process was done with the intent to man the jail with two
uniformed officers to provide for a 24 hour a day
operation. This action caused Mr. Bush, Teamster
Representative, to file actions against the City on unfair
labor practice with the Public Employees Relations
Commissions and a unit determination claimed that you cannot
replace two union members with Police officers of another
bargaining unit. After this determination was made it
appeared that the City was in a no-win position and a out-
of-court settlement was made. Captain Hatfield added that
at the time of decision management felt they were on firm
ground and that it would be for a short period of
time...however, due to the delay in completion of County
3ail facilities the time period was longer than anticipated.
Mr. Waibel pointed out that at the time the decision was
made it was known to be a risky situation and the City
TAPE #468
City Council Reg. Mtg. Minutes
July 15, 1987
Page 12 of 13
Council may be setting a precedent if approval is given to
"bailing out" a department with additional funds when the
whole issue evolved around a budget reduction requirement.
Also, Council should be aware that there are other options
other than additional funding, such a reduction in number of
police officers (it was noted that this may not be the best
decision) Captain Hatfield stated that the Department is
not asking for a bail-out, the department is not over
budget, but because of action brought about by the Teamsters
Union and the need to continue to provide jail services it
is necessary to hire temporary personnel to provide jail
staffing and to provide the $29,000 needed through reduction
in police force was not a course of action to take.
Mr. Johnson questioned the exact amount of funds requested.
Captain Hatfield stated that the amount requested is
$2g,§00. Mr. Johnson stated that if some of the Police
Study cost savings recommendations were implemented there
would not be a need to fund the additional $29,500 and
suggested to go ahead and approve the personnel action
portion of the requested back-pay only.
Mr. Collins questioned benefits to be derived from the
return of two uniformed officers to patrol. Captain
Hatfield stated that two officer will return to an area
where they were shorted earlier and put them back on the
streets to enforce State and City laws, increasing revenues
and improve staffing levels.
Mrs. Long questioned where the additional funds would come
from and how much money was in the Beginning Fund account?
Captain Hatfield stated that the City Treasurer determined
the source of funding .
TAPE #469
Mr. Collins raised question as to possible funds available
from purchase of Police vehicles due to delay in delivery
during 1987. Captain Hatfield stated that the purchase of
vehicles is being handled through Equipment Rental. Ms.
McCluske¥ stated that $ or 4 vehicles are being
rehabilitated and money to purchase vehicles will have to
cover that cost and even if vehicles ordered are not
purchased due to delay - another order will be available in
October and would funded out of those funds.
#0169 M/S/C(Waibel/Crutcher) to approve the budget adjustment of
$29,500 from Beginning Balance Funds to supplement the
needed funds for the Police Department.
Vote: In Favor: Colvin, Overson, Dawkins, Waibel,
Crutcher, Homing, Collins
Oppose: Johnson, Long,
?A - ORDINANCE (FIRST READING} PROVIDING FOR TNK ANNEXATION
OF CERTAIN TERRITORY TO THE CITY OF BREN~RTON AND
INCORPORATION THE SAME WITHIN THE CORPORATE LIMITS,
#AB8?-20?
The City Council accepted the petition of 75~ of valuation
for the Jensen Water District Area Annexation June 17, 1987.
The Kitsap Boundary Review Board did not invoke jurisdiction
at their meeting June 18.
To annex the Jensen Water District area to the City of
Bremerton the ordinance must pass and have a second reading
and publication of same.
TAPE #469
City council Reg. Mtg. Minutes
July 15, 1987
Page 13 of 13
Bill Duffy, Utilities Director, stated that every thing was
in order and that the annexation will bring in about 100
new customers for the City.
#0313 M/S/G/U(Long/Johnson) to approve Ordinance on first reading
providing for the annexation of certain territory to the
City of Bremerton and incorporation the same within the
corporate limits.
With no further business meeting adjourned at 10:30 p.m.
KATHLEEN L. MCCLUSKEY, CITY CLERK
SP~CER HORN~9~W,J Counci~ President
C~¥ of Bremertdn /
K LM/SH/me ~
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