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Home My WebLink About11/18/87TAPE #498 #0653 NOV 2 i 1987 Unapproved Draft #0700 #0757 MINUTES CITY COUNCIL MEETING November 18, 1987 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 Fourth Street, Bremerton, Washington on Wednesday, November i8, 1987 at 5:35 p.m. with Council President Spencer Horning presiding. Council Members Present: Lon' Overson, Morrie Dawkins, Marry Crutcher, Tiny Collins, Mary Lou Long and A! Coivin. Also Present: City Attorney ian Sievers and City Clerk Kathieen McCluskey. Absent: Council Members Hank Waibe! and Russ johnson. The meeting opened with the Pledge of Allegiance and invocation was,given by Council President Homing. CONSENT AGENDA A. Minutes of November i0, !987 meeting AB87-302 Motion Dawkins/Crutcher to approve presented, carried unanimously. the Consent Agenda as CLAIMS/WET 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 listings which have been made, available to the Council. Motion Collins/Colvin on November 18, 1987, the Council does approve for payment those vouchers included and further described as follows: Regular Warrants numbering 32664 and 32706 through 32894 in the total amount of $349,442.07 and Payroll Register for period 11/01/87 - 11/15/87 in total amount of $133,672.27, carried unaDimously. COUNCIL MEMBERS REPORTS Ms. Lone inquired how many members of the public were present at the Council meeting of the previous week since the meeting was held on Tuesday instead of Wednesday? Response was the usual number. Mr. Colvin stated Council has had no report from The Ethics Committee and inquired when they can expect a report? HEARING EXAMINER AGREEMENT.- MICHAEL KIRK AB87-299 Mr. Slavers briefly summarized Mr. Kirk's background and qualifications and stated the Personnel Department did solicit applications. Glenn Vockrodt, Marlowe Drive, inquired if the Hearing Examiner controls zoning? Pat Carey, inquired why Council feels the City needs a Hearing Examiner? Ms. McCluskey stated this is not a full-time position and that the Hearing Examiner is used for appeals on specific areas such as B&O, regulatory licenses, utilities bills, etc. She stated the Hearing Examiner is paid on a case by case basis. Ms. McCluskey stated $5,000 has been budgeted. In response to specific inquires, Mr. Sievers stated he does not foresee the position becoming full-time. Mr. Sievers discussed the function of the Hearing Examiner and if not satisfied with his decision can then appeal to Council. City Council Mtg. minutes November 18, 1987 Page -2- #1495 #1659 Mr. Collins stated his disagreement with the use of the Hearing Examiner. Mr. Colv-in stated he is opposed to individuals having to pay for an appeal. Motion Dawkins/Crutcher to confirm the agreement with Michael Kirk as the City's Hearing Examiner. Mr. Overson stated the purpose of a Hearing Examiner is to have an expert interpret the law. Ms. Long agreed with Mr. Collins and Mr. Coivin and stated there is no need for this, we have a City Attorney to advise Council when the public has complaints. She also stated she is opposed to charging people to be heard. Mr. Homing stated Council is not voting on the ordinance but is being asked to confirm the agreement with Michael Kirk. Mr. Collins stated he does not agree with this but since there is an ordinance requiring a Hearing Examiner he must vote to confirm Mr. Kirk. Question called, carried as foiiows: 5 affirmative; 2 opposed (Long/Colvin) PI~LIC RECOGNITION Roy McGinnis invited Council to Sinclair Baptist Church on December 6th at 3:00 p.m. for channel 29 programming for the holidays. Nancy Dahl, Marlow Dr., discussed efforts of va~' idents to _ious res control rats in their area. She submitted a petition of residents to the Council President. ALLOCATION OF 1988 CDBG FUNDS AB87-303 CDBG public hearing was held on October 29th. Federal rules require submittal of 1988 CDBG application no later than November 25, 1987. Council action for final program must take place this date in order to meet Federal deadlines. Sherrill Huff, former interim Community Development Manager, stated the community development activity categories must be adhered to. Citizens speaking in support of the downtown medical clinic included Gall Hiestand, Anna Mae Hatwood and Bob Moore. Speaking in support of the YWCA Alive Program were Karen Gray, Imogene Haynes and Tammy Hinke!. Speaking in support of Hospice were Pastor jim Cartwright, Donna Green, Anna Laurie, and Alice Egins. Mayor Lobe stated some changes were made from what the committee recommended. He discussed possible cuts in Block Grant funds next year, and cautioned Council against funding new programs and asked Council to consider that existing programs are in need. Mr. Dawkins asked Ms. Huff how the i5~ and 20% are-arrived at? Ms. Huff stated they are established by HUD. Mr. Coivin inquired if funds can be moved within categories? Ms. Huff responded in the affirmative. Mr. Coivin proposed a change in the Public Service category by transferring $10,000 from Kitsap County Project Family to KCAP. Mr. Collins proposed modifying that with $5,000 to Kitsap County Clinic and $5,000 to Hospice. Mr. Horning expressed desire to move $20,000 from the Housing Administrative cost and place in a contingency fund. Mr. Pratt, Planning Director, stated it would be wiser to place into Housing Loan funds. Ms. Long stated funds from HUD are specifically to assist the low income and elderly, and feels a large portion are going ,for administrative costs in various forms. Ms. Huff stated that for cities to get Block Grant funds there is an obligation to adequately administor those funds. She also stated by HUD regulations funds cannot be a contingency. She stated allocations were made by the committee and then referred to the Mayor for his recommendations. City Council Mtg. minutes November 18, !987 Page -3- #499 #0615 Mr. Collins expressed opinion that the $28,623 recommended for handicapped restroom in the downtown library could serve a better purpose and recommended placing $20,000 into the Residential Improvement Program. Conflict of interest issue was raised regarding Council Member(s) also setting on any Board recommended for Block Grant funds. judith Katsirubas, City Auditor, read Section 5.11.11CFR24. Ms. Katsirubas' interpretation is that any volunteer or family member of a volunteer should remove him/herself from the vote. Mr. Sievers agreed with Ms. Katsirubas' interpretation. Mr. Horning inquired if any Council Member felt s/he had a conflict of interest. Messrs. Dawkins, Crutcher and Coivin stepped down from the hearing due to conflict. Mr. Homing stated that Council is now disabled due to lack of quorum. Recess was called at 6:50 until 7:00 p.m. Mr. Sievers stated discussion with Mr. Colvin determined there is no conflict and he can set for the vote. M~. Colvin returned to the meeting. In response to an inquiry, Ms. Huff stated there are areas that could be looked at for purpose of cutting costs in administering the funds. PROJECTS: Motion Collins/Long to approve funding as recommended with exceptions as follows: $20,000 from 88-027 Handicapped Restroom and $20,000 from 88-028 Housing Administration be transferred to new category 88-030 Housing Rehabilitation, carried unanimously. PLANNING ADMINISTRATION: , Motion Collins/Overson to approve funding as recommended. Ms. Long expressed opposition to continued funding of Bremerton Main Street Association. Mr. Horning stated they had agreed to 3 years of funding, this is'the third year. Question called, passed as follows: 4 affirmative, 1 opposed (Long). PUBLIC SERVICES: Motion Colvin to approve funding 88-008 Kitsap County Project Family at O~ and increase 88-0i9 Kitsap Community Ciinic/KCAP to $23,000. Motion died for lack of second. Motion Colvin/Long to approve funding as recommended with following exceptions: fund 88-008 Kitsap County Project Family at 0% and increase 88-019 KCAP by $5,000 and increase 88-018 Hospice Services by $5,000, carried as follows: 4 affirmative; opposed (Overson). Recessed was called at ?:10 until 7:25 p.m. Mr. Crutcher and Mr. Dawkins returned to the meeting at this time. PUBLIC HEARING - MAYOR'S PROPOSED t988 BUDGET AB87-308 Notice of this Hearing was published on November 4 and !!, 1987. Purpose of this Hearing is to allow public input. Copies of the preliminary budget were made available to the public on November 4th. Phyllis johnson, st. center on Nipsic, asked that the funds they have raised be made available so members of the Center can take care of maintenance and repairs instead of havin~ the City perform these functions. City Council Mtg. minutes November 18, 1987 Page -4- #0790 #500 Maria Sagara stated senior citizens need more than one center_and suggested another center in west Bremerton. PUBLIC HEARING - APPEAL OF SPECIAL USE PERMIT APPLICATION OF PLANNING COMMISSION SITE ENOWN AS COCA COLA AB87-309 E'd Davis, Manager Current Planning, gave a brief slide presentation of the site and discussed Planning Commission's request of a list of 26 proposed uses to be permitted on the site of the legal non-conforming use. He stated the site was vacated in April, 1987 and has one year to obtain another use or the site will revert to R-1 residential zoning in April, 1988 and lose the non-conforming statue. Gary Kucinskie, representing Mr. Haseiwood, stated the list of 26 uses could be limited to one use of general warehousing and distributing. He discussed three options which could occur. 1. Residential use - he does not feel this will happen. 2. Beverage distributor could move back into the building, and 3. Applicant apply for permit for the site to be used for a less intense use. He discussed a number of conditions the City might apply. He stated the applicant needs assurance he can market the building for less intense use. Mr. Homing inquired if there is an Appearance of Fairness or Conflict of Interest with any member of Council? There was none. Maria Sagara expressed opinion it is better to have the building occupied than vacant. She discussed problems with students using the parking area and traffic problems, and requested that Council allow the permit. Misty Davis expressed opposition to granting the permit, stating there are vacant buildings in the business areas and does not feel a business should be in a residential area and across from. the high school. Roy McGinnis expressed agreement with Ms. Sagara. Bob Moore, Chairman of Planning Commission, discussed the Commission's position and stated normally this would not go to Council after Commission action. Discussion followed regarding one year limit of existing use with that y~ar expiring April, 1988. Motion Collins/Colvin remand back to Planning Commission and City Attorney be directed to prepare an ordinance to extend the non- conforming use for a six month period. Ms. Long stated she would not want to aprove a blanket use of the building, and suggested sending this back to-the Planning Commission for more specific information and the proponent be given time for more specific needs. Mr. Kucinski discussed the Planning Commission's request for a specific/tenant use; i.e. ABC Plumbing Supply, not plumbing supply. The applicant is requesting a special use permit to enable him to market the building. He stated another beverage company can occupy the building without the special use permit. h Mr. Sievers discussed an ordinance to extend the six month period and stated special legislation cannot be passed granting 18 months to one when everyone else has 12 months, it would have to apply to all. Mr. Collins withdrew his motion. Motion Long to approve general warehousing with an impact analysis. Motion died for lack of second. Motion Coi!ins/Coivin table for two weeks, carried as follows: 6 affirmative, ! opposed (Crutcher). City Council Mtg. minutes November 18, 1987 Page -5- #0100 #0200 #0287 #0346 #0404 #0427 COMPUTER ACQUISITION BID AWARD - NCR AB87-304 Bill Eley, information Services Manager, stated the plan is to replace the Burroughs equipment which is !1 years old with a network around two NCRs. He stated it will take 2 or 3 years to have the new equipment in place. Mr. Hornlug stated this has been an ongoing project for more than a year. Motion Crutcher/Dawkins to approve purchase of NCR computer equipment and software applications and ro direct the City Treasurer to return to Council with the final financing package, carried unanimously. KITSAP LAKE CONSTRUCTION EASEMENT AB87-305 Arviila Ohide, Parks Supt., discussed the need for a short extension to December 31st. Motion Colvin/Crutcher to approve license extension agreement, carried unanimously. RESOLUTION NO. 2189 - SIDEWALK REPAIR AT 3214 PREBLE ST. AB87-306 A previous resolution was passed directing the property owner to repair the sidewalk. No action has been taken by the owner. This resolution will set a Hearing date regarding the matter. Mr. Collins expressed opinion that property owners should not be required to repair sidewalks when parking on sidewalks is allowed. Motion Overson/Colvin to approve Resolution No. 2189 setting date of December 2, 1987 at 6:30 p.m. as time for Hearing, car=led as followed: 6 affirmative, 1 opposed (Collins) RESOLUTION NO. 2188 - VEGETATION REMOVAL AT 1149 HEWITT AB87-306 Dave Bake=, City Engineer, stated the property owner had previously been notified and requested to trim the vegetation. No action has been taken by the property owner. This resolution will allow the Engineering Department to remove vegetation that is restricting view of motorist and bill the property owner. Motion Overson/Long to pass Resolution No. 2188 allowing City Engineering Department to trim vegetation and bill the property owner, carried unanimously. ORDINANCE NO. 4131 - AUTHORIZING EXECUTION OF, AN EXECUTORY SALES CONTRACT TO PURC-EASE POLICE VEHICLES AB87-30! Motion Dawkins/Coivin to pass on second reading AN ORDINANCE authorizing the execution of a executory conditional sales contract for the purchase of police vehicles to be used for City purposes, carried unanimously."' ORDINANCE NO. 4132 - ESTABLISHING A MUNICIPAL COURT AB87-294 Motion Colvin/Long to pass on second reading' AN ORDINANCE terminating Bremerton Municipal Court as currently established under RCW 3.46 and establishing Bremerton Municipal Court pursuant to RCW 3.50.060, carried as follows: 5 affirmative, 2 opposed (Dawkins/C=utcher). Meeting adlourned at 8:45 P.M APPR : NCER Council KATHLEEN L. McCLUSKEY City Clerk President