HomeMy WebLinkAbout12/02/87TAPE #503
CITY COUNCIL MEETING MINUTES
DECEMBER 2, 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, December
2, 1987, at 5:30 p.m. with Council President Spencer
Homing presiding. Council members present were Hank
Waibel, Morrie Dawkins, Mary Lou Long, A1Colvin, Shirley
Marry Crutcher, Russ Johnson and Lon Overson. Late
arrival - Councilman C. R. "Tiny" Collins. Also
present were City Attorney Ian Sievers and City Clerk
Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by
Council President Spencer Homing and invocation was given
by Reverend Michael Grimshaw of First Church of the
Nazarene.
#0033
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.
M/S/C/U(Johnson/Overson) on December 2, 1987, the Council
does approve for payment those vouchers included and further
described as follows: Regular Warrants numbering 32972,
32973,32974 and 32981 through 33081 in the total amount of
$84,428.72 and Retirees Payroll in the amount of $47,713.42.
COUNCIL MEMBER REPORT
Mr. Overson reported that the Council has been very busy
with Budget hearings. Also, he reported that several of the
Councilmen's wives have been working on the Winter
Wonderland event which is scheduled for December 4,5,6 and
encouraged everyone to attend.
Mr. Waibel stated that the number of fire calls coming
through CenCom for the County has increased by 15~ but the
number of fire calls from within'the City of Bremerton have
decreased. Also, the Puget Sound Water Quality Advisory
Committee has finalized their rules which will become part
of the Washington Administrative Code which could be costly
for the City.
Mr. Colvin announced that during Public Recognition Council
would have the opportunity to meet two young men from Scout
Troop 1506.
Mr. Johnson asked fellow Council members to be thinking
about potential Charter changes - it has been two years
since last revision and there are a number of areas which
need to be changed.
Mr. Horninc artended Sub-Regional Council of Government
meeting and reported that Kitsap Transit has completed 5
years of operation, starting with a staff of 16~ employees
and now have only 18, started with 1.1 million riders and
are now up to 2.4 million riders; starting budget was 3.25
million and now in excess of 5 million. On December 10 the
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Board of Health is holding a colesterol screening at the
East side Value Giant. Fee for the screening is $5.00.
Mr. Dawkins reminded everyone of
Saturday evening.
the Santa Claus Parade on
PUBLIC RECOGNITION
Roy McGlnnis, 2711 Maple Street, reminded the Council of a
concert scheduled December 6 at the Sinclair Baptist Church
presented by the Young Peoples Choir, at which time the
local cable channel will tape the program and replay it
during the Christmas holidays. He encouraged everyone to
attend this event.
Mrs. Roberta Karosich introduced Brian Karosich and Tom
Hudson who are members of Troop 1506 and they are attending
the Council meeting to complete the requirements for their
Citizenship In The Community Badge.
6A - INCREASE APPROPRIATION OF $30,000.00 TO FIRE DEPARTMENT
BUDGET FOR 198? FISCAL YEAR, #AB87-320
The budget appropriation for the Fire Department was reduced
by $100,000 at the start of Fiscal year 1987. The Fire
Department has held back on avoidable expenses and the City
Council authorized the internal transfer of 897,600.00 on
October 28, 1987 from within the existing Fire Department
budget of 82,059,078. Due to Continued need for funding of
Disability Leave and Long Term Sick Leave, this increase in
appropriation of $30,000.00 is required to be~ able to
legally operate the Fire Department through December 31,
1987. The Fire Department programs are labor intensive and
are dependent on adequate funding to maintain existing
operational levels as personnel costs are approximately 85%
of the budget.
Fire Chief Leonard Marks restated the chronological events
which brought his department budget to the point where it
would run out of funds before the end of the year. He cited
efforts made to keep spending down during the year but that
due to unforeseen disability leave costs caused expenses
above his budget allocation. Any portion of the 830,000.00
requested that is not utilized in the balance of 1987 would
be carried over into the Fire Departmerit 1988 budget.
Mr. Crutcher expressed concern that the Fire Departmentws
1987 budget was cut back to such a degree that there were no
funds available for unforeseen needs, which necessitated the
department to come back several times during the year to
request additional funding. Mrs. Long pointed out that the
Fire Chief had done a fine job considering he had a lean
budget to work with.
Mr. Johnson stated that as close cut as the 1987 budget was
for all departments, he is surprised that other departments
were n'ot in the same situation.
#0471
M/S/C/U(Long/Johnson) to approve increase appropriation of'
$30,000.00 to the Fire Department Budget from Year End
Beginning Cash Account and any unused balance for 1987 will
be carried over into 1988.
6B - LEASE - BASEMENT OF 5TH STREET LIBRARY - COMMUNITY
BRIDGE CLUB, #ABS?-Sl2
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#0765
The Bridge Club has leased the Library basement since
January 1980. The initial lease was 8150.00 per month, plus
the State required Leasehold and had been raised based upon
the CPI annually. The lease amount in 1985 was $212.46 per
month plus Leasehold Tax. At the request of Mr. Swan and
approved by the City Council, that amount remained the same
in 1986 and 1987. CPI increase was not applied. Mr. Swan
is requesting once again, that the CPI index not be applied.
Based upon the August index the new rate, if applied, would
be $221.57 per month plus Leasehold Tax of $28.45, totaling
$250.02.
Dawson Long, Bridge Club, stated that under the 1986 lease
the club was obligated to keep up the lighting and plumbing.
At the present there is need to repair some plumbing and
lighting and he was concerned that due to the fact the
facility is so old, that the cost of repair may be more than
the club could support and are at a limit to what they can
charge the participants.
Mr. Colvin suggested that the cost of repairs be handled
through the City General Facilities Department. Ms.
McCluskeV, City Clerk, stated that the library building is
costing the City a lot of money and have taken the position
of not being responsible for the upkeep of this area.
M/S/C/U(Waibel/Dawkins )to approve the lease with Mr. Swan
for the period January 1,1 1988 through December 31, 1989, at
the rate of 8212.46 plus Leasehold Tax per month and Item 3
in the contract reflect the new date.
#0816
6C - CONTRACT #29~4 BEAVER HILL (1-87) TIMBER SALE FINAL
#AB87-321
S. F. Hill Lumber Co., Inc., P.O. Box 368, Cle Elum, WA
98922, purchaser of the above mentioned timber sale, )has
satisfactorily completed all contractual obligations an~ all
payments have been received. /
Bill DuffV, Utilities Director, stated that Council action
will allow formal closure of the contract and release the
contractor's surety bond.
M/S/C/U(Dawkins/Long) to accept above contract as completed
and authorize release of surety bond in the amoun~ of
$12,700.00
6D - CONTRACT ~2708 REQUEST FOR USER FEE CHANGE -IDIAMOND
PARKING, #imJ~87-314
In an effort to encourage use of the City owned parking
garage, the operating contractor, Diamond Parking, is
requesting authorization to reduce daily and monthly parking
fees on levels 8 and 9 to $1.00 and $12.00 respectively.
Current rates are $1.50 and $20.00.
1 - 3 4 - 7 8 - 9
Dally 100% 38% -O-
Monthly N/A 43% 55~
Overall 100% 81% 55%
Under this proposal, Diamond Parking's payments of the
contract. guarantee will not change.
Gil Johnson, Purchasing Agent, outlined Diamond Parking's
proposal explaining that they had looked into taking action
earlier in the year but decided to wait to see if the
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#0966
arrival of the USS Nimitz and relocation of several hundred
Shipyard personnel in the downtown area would have an affect
on utilization of the parking garage. The use of the garage
did not significantly increase after the USS Nimitz arrived
and the movement of Shipyard works was delayed and not
anticipated until early 1988. Diamond Parking now desires
to lower the rates and raise the utilization of levels 8 and
9.
Roy McGinnis, 2711 Maple Street, questioned if the parking
fee was lowered now would Diamond Parking come back and ask
for an increase at a later date if utilization of the
parking garage increased after the first of the year.
Johnson stated that it is speculative and the matter of
parking in Bremerton is supply and demand and efforts must
be made to do everything possible to encourage utilization
of parking available. The contractor has certain
contractual obligations to the City and the proposed
reduction will assist the contractor in doing this.
Mr. Johnson pointed out that the contract with Diamond
Parking is set at a specific amount with a cost incentive
and questioned why the City was involved in rate setting
when the amount they receive is secured and let the manager
of the facility do whatever he feels is needed in order to
meet that obligation. Ms. McCluskeV, City Clerk, stated
that whenever there are changes complaints and concerns
come to the City. The City owns the facility and accepts
the responsibility and acts as a control feature. ,
Mr. Waibel questioned what is the break even point if the
cost is reduced? Richard Hanna, City Treasurer, stated he
only did calculations on the proposed rate structure that
Diamond proposed but any occupancy increase up to 92~ is to
achieve same gross level they are receiving.
Mrs. Long questioned how many parking spaces are available
on 8th and 9th level. Gil Johnson s~ated there are 80
parking spaces on each level.
Jim Lambert, Diamond Parking, stated no one can foresee what
the future market will bring, however, by filling up the
upper levels with monthly parkers, more stalls for day
parkers will be available on the lower levels. He stated
that they are taking a risk and if it proves to be a wrong
decision they would come back to the Council.
M/S/C(Colvin/Long) to approve rates as proposed by Diamond
Parking for Levels 8 and 9.
Vote:
In Favor:
Oppose:
Overson, Dawkins, Crutcher, Homing
Long, Johnson, Colvin
Waibel
7A - ORDINANCE (FIRST READING) ESTABLISHING PAY/BENEFITS OF
DEPUTY FIRE CHIEF, #AB87-322
On October i of this year the Battalion Chiefs (now Deputy
Chiefs) were removed from IAFF Local 437 Union membership.
The City has the need to specify their wages,s benefits and
conditions as a result of this change. After a number of
meetings with these individuals agreement has been reached
on a fair wage, a change of these individuals from hourly
pay to a salaried status, and administrative exemption under
Fair Labor Standards Act rules. Their pay shall become
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#1676
$S,108.72 per month for the period January 1, 1987 through
June SO, 1987. On July 1, 1987 their base salary raises to
$3,149.13. Effective January 1, 1988, the base salary shall
increase to $3,315.00. Additional changes were made to
dependent medical coverage and sick leave accruals under
LEOFF I coverage.
Dave Hiestand, Director of Personnel, stated that when the
City negotiated the contract with Local 43? one of the
stipulations stated "they shall be covered by Local 43? with
no change in status for a period of one year". However, the
wage element of that contract only addressed wage increase
for everyone in the Fire Union except for the Battalion
Chiefs. The City was advised to set out in some form of
documentation what their benefits were to be and discuss the
wage issue. The last increased received by the Battalion
Chiefs was in 1985. A number of meetings were held and the
proposal presented is a result of those efforts. One very
important change and concession on their part is that they
have agreed to be exempt under the Fair Labor Standards Act
which means they are salaried employees vice hourly
employees, giving management more flexibility in utilizing
their abilities. They had been functioning for a period of
time as Deputy Chiefs and have performed in a role which is
more like an Assistant Chief position, which the City no
longer has.
Mr. Crutcher asked what would be the salary of the Deputy
Chief position and how did it compare with what the Fire
Chief is currently receiving. Dave Hiestand stated that
the Deputy Chief would receive $40,348.82'and the Fire Chief
currently receives $42,750. Mr. Crutcher pointed out that
the difference between the two positions is closing and an
adjustment will need to be made. Dave Hiestand stated that
the standards used in separations of department head level
or executive head level and individuals compared to next
level of responsibility is 12-15%.
Mr. Waibel questioned if the section on sick leave applied
to both LEOFFI and LEOFFII? Dave Hiestand stated it only
applied to LEOFFI. Mr. Waibel questioned if the LEOFFI
employees will be allowed to continue to accumulate sick
leave? Dave Hiestand explained that the LEO~FI employee
would go on sick leave the first five days and the sick
leave would come from the 100 hours allocated per year. The
sick leave balances they currently have would be placed in a
set aside account and would remain until such time they
retired. Mr. Waibel questioned what would happen to the
sick leave hours (100) if not used within that year. Dave
Hiestand stated the balance of sick leave would be "0" out
at the end of the year. Mr. Waibel suggested that wording
be included in the ordinance to clarify that any balance of
sick leave would not be carried over into the next year.
Mr. Johnson pointed out that the salary and benefit package
is at a level comparable to a GS 14-15 in the Federal
Government, which are very scarce in the Bremerton area.
Mr. Johnson expressed concern that in the near future the
City may be looking at another level of officers between the
Deputy Chiefs and various battalions and is a bad precedent
to set at this time.
M/S/C(Waibel/Dawkins) to approve Ordinance, on first
reading, establishing the compensation and benefits of Fire
Department Deputy Chiefs and identifying them as exempt
administrative employees under Section 541.201 of the Fair
Labor Standard Act (29 C.F.R.)
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Vote:
In Favor:
Oppose:
Colvin, Long, Homing, Waibel,
Crutcher, Dawkins, Overson
Johnson
7B - ORDINANCE (FIRST READING) AUTHORIZING THE ISSUANCE OF A
$1.5 MILLION TAX ANTICIPATION NOTE, ~AB87-323
As indicated in the projection, the Clty's General Fund
operates in a deficit cash position for several months
during the year. These deficits are due to timing
differences between the funds revenues and expenditures and
the small overage cash balance compared to the monthly cash
flow. Issuance of a tax anticipation note is recommended as
the most advantageous method of financing this cash flow.
Rich Hanna, City Treasurer, stated that the need to finance
the negative cash flow that occurs is due to the time
difference between the revenues and expenses, particularly
the collection of Real Estate Sales Tax, which represents
approximately 2~ million dollars of annual revenue to the
city. Funds from this source are not received until early
May of each year which creates a negative cash flow
situation during that period.. As previously discussed,
this appears to be the most financially advantageous
mechanism for financing cash flow of the General Fund that
is available to the City.,
GeorGe Mack, Bond Counsel, stated that the amount of the
Tax Anticipation Note is within the requirements of the
Federal Tax Law and complies with the Washington State Law
in terms of the maturity of the note. Proceeds of this note
will not be used to redeem the City's outstanding note as
funds have been set aside for redemption.
Alex Fisken, Prudential-Bache, stated that, market conditions
are similar to those of last year and anticipates ending
up with a transaction similar to the one entered into last
year.
Mr. Johnson questioned if this was a common practice for
towns and cities in Washington? Mr. Mack stated it is
not unusual particularly where there is a a dip in cash
income and does not mean that a 'City's financial condition
is not strong, it simply means that the revenue counted on
has not yet been collected at the time of the expenditures.
Mr. Johnson asked for explanation how the City obtain
Prudential-Bache's services. Rich Hanna explained there
are two methods, competitive bidding or negotiation sale,
· the City having used the negotiation process because of the
size of our instrument·
Mrs. Long questioned the total amount of cost of the Tax
Anticipation Note. Rich Hanna explained that the actual
dollar amount will not be determined until the day the
transaction is closed, which will be January 15 and a limit
of not to exceed 8% has been included in the document. Mrs.
Long stated that the supporting information provided
included a statement that the City could have interfund
loans from other fund accounts and is it possible to borrow
from ourselves thereby paying interest back to the City.
Rich Hanna stated there were sufficient funds in other
funds, however, he pointed out that utilization of the Tax
Anticipation Note was the most financially advantageous
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method due to the tax exempt nature of the interest that is
paid to the holder of the instruments.
#2234
#2357
M/S/C/U(Overson/Colvin) to approve Ordinance, on first
reading, authorizing the issuance of tax anticipation notes
for the purpose of paying City expenses pending the receipt
of general City taxes; creating a note redemption fund; and
providing for the sale of those notes to Prudential-Bache
Securities Inc.., of Seattle, WA.
7D - ORDINANCE #4133 (SECOND READING) REGULATING THE USE OF
SKATEBOARDS WITHIN THE CITY LIMITS, #AB87-318
Ms. McCluskeV, City Clerk, stated that a Violation Penalty
Section had been added which reads: "Upon determination
that a violation under this Chapter has been committed, such
violation shall be punishable by a fine not exceeding fifty
dollars (50.00)".
M/S/C(Wakbel/Colvin) to approve Ordinance #4133, on second
reading, regulating the use of skateboards within the City
of Bremerton as amended.
Vote:
In Favor:
Abstain:
Colvin, Long, Homing, Waibel
Crutcher, Dawkins, Overson
Johnson
NOTE: Councilman
at 7:00 PM.
C. R.,"TinV" Collins 3oined the Council
8A - PUBLIC HEARING - RECONSTRUCTION OF SIDEWALK ABUTTING
3214 PREBLE STREET (RESOLUTION #2189), #AB8~-325
Council passed Resolution 2189 on November 18, 1987, setting
date for hearing on reconstruction of the sidewalk abutting
3214 Preble Street
Dave Baker, City Engineer, stated the Bremerton City Code
gives the responsibility for maintenance of sidewalks,
barricades and fences to the property owner. A complaint
of badly deteriorated sidewalk at the Preble Street address
was received and the City investigated the complaint. In
order for the City to charge the owner for repair of the
damaged sidewalk passage of the ordinance is required.
Mr. Dawkins questioned if proper notice had been sent to the
property owner and had they responded. Mr. Baker stated
that several notices were sent and as of this date neither a
verbal or written response had been received. Mr. Dawkins
questioned how long the City might have to wait to receive
payment. Ian Sievers, City Attorney, stated it could be
indefinitely - it was not something the County would
collect as a tax assessment if not paid within three years.
A foreclosure on the lien could be pursued.
Mr. Johnson questioned if it was possible for the Council to
set up a policy, such as standard cost for a certain amount
of sidewalk repair, removal of trees, etc. Mr. Sievers
stated that State law gives Cities the right to charge
costs back to the property owner and establish a lien on the
property. It does require that an assessment roll be
approved again by Council to show that it is fair and
reasonable. Whether a blanket policy would satisfy the
State requirement is doubtful.
Mr. Colvin asked what time frame would be allowed before
issuing the lien to collect payment. Mr. Sievers stated the
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Page 8 of 12
owner would still have a period of time to implement the
repairs themselves, however, if the City implemented repairs
collection of funds could be pursued, possibly through the
City Attorney's office.
Mr. Crutcher questioned what was the cause of the damage to
the sidewalk. Dave Baker explained that the roots of a
tree planted in the planting strip caused the sidewalk to
push up.
APE #504
#0022
Mr. Collins pointed out the fact that there are many areas
within the City that have sidewalks needing repair and was
not sure why this particular problem is being singled out.
Mr. Baker stated that a complaint on this particular area
had been received and the City was responding with follow up
action on that complaint. Mr. Collins stated the City has
the responsibility to the citizens to have the sidewalk
repaired but expressed concern that the complaint may have
been from an unhappy neighbor.
Mr. Johnson suggested that if the Council approves this
action that the City utilize an outside labor force instead
of in-house so that the City's crews are allowed to go on
their their previously planned work. Ken Brees, Street
Department Superintendent, explained that the funds to
repair the sidewalks would come out of his department and he
already has concrete finished employed who could do the work
and if an outside contractor was used, he would be paying
for it twice.
Mrs. Lona described a successful repair effort by a property
owner of damaged sidewalk in her District that had presented
a problem for many years; and without the City's
intervention the problem might still exist.
M/S/C(Colvin/Johnson) to require that the resident at 3214
Preble Street make the necessary repairs at his expense.
Vote:
In Favor:
Oppose:
Abstain:
Overson, Dawkins, Waibel, Homing
Long, Colvin, Johnson
Crutcher
Collins
President Hornina requested City Attorney to provide an
opinion as the City's responsibility for trees planted in
right-of-ways.
8B - CONTINUED PUBLIC HEARING - APPEAL OF SPECIAL USE PERMIT
APPLICATION OF PLANNING COMMISSION (APPEAL 3--87) - OLD COCA
COLA WAREHOOSM, #AB87-309
The Planning Commission at a meeting on October 20, 1987,
tabled the request for a Special Use Permit requesting
approval of a list of 26 proposed ~ses to be permitted on
the site of the legal non-conforming use. The site, known
as the Coca Cola Bottling Company, located tat 1600 12th
Street, 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 statute. The applicant is appealing the
Commission's tabled action.
President Horninc asked the "Appearance of Fairness/Conflict
of Interest" question with all Council members being seated.
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Ms McCluskeV, City Clerk, stated this is a continued hearing
from November 18.
Don Pratt, Planning Director, outlined previous actions
which tabled this item for a two week period and is now
returned for Council action. During the two week period the
Planning Department negotiated with the applicant, which
were discussed with the City Attorney, which says that the
Planning Department and the applicant now support a
recommendation which would approve a Special Use Permit as
follows: (1) only general warehousing and distributing
type of use shall be permitted except those hazardous
materials as determined by the Fire Marshal. An impact
analysis shall be developed and approved by the Planning
Director. This impact analysis must include study of
traffic impacts on site and if these impacts are determined
~o be less the use shall be permitted. (2) landscaping to
match that proposed by the School District at the adjacent
site shall be provided. Such landscaping shall be in
accordance with Sections 750 of the Bremerton Zoning
Ordinance providing landscaped setbacks along all property
lines where feasible, but not to include a solid fence. (3)
Hours of operation shall be limited to 7:00 AM to 6:00 PM.
(4) Exterior light shall be non-glare-type and shielded
from neighboring properties. (5) Noise eminating from the
site shall not exceed permissible levels as stated by the
Bremerton Municipal Code (BMC 6.32), state and federal
regulations. (6) The site and use shall comply with all
other applicable City, state and federal laws. It is the
City Attorney and Planning Director's opinions that Council
can either send this item back to Planning Commission or
because they have reviewed this type of use within their
previous deliberations Council can make a decision on the
basis of the appeal. This is not considered a new
application which has not been heard by the Planning
Commission. The specific use being recommended is one of 27
uses which the Planning Commission considered.
Mr. Waibel called for a point of order - clarifying the
Planning Commissions action to table means that they
recommended denial. Don Pratt stated that unless Council
upholds the Planning Commissions action, which was to table,
a 2/3 vote would be required.
Mr. Johnson questioned the proper procedure to move forward
on this issue. Mr. Pratt stated that public testimony has
been taken and Council can continue where it left off.
Reference materials provided to Council two weeks ago can be
made available, if needed.
Mr. Crutcher opposed Council remanding back to the Planning
Commission which would further delay action on this issue
and he supported Council having the authority to make a
decision on the special use permit whether or not a
recommendation had been provided by the Planning
Commission,.
Mr. Waibel pointed out the Planning Commission action which
tabled the issue until such time the applicant requests
additional review.
Mr. Hornin~ requested clarification as to whether or not the
applicant was directed to come back to the Planning
Commission with a specific tenant and as the Planning
Commission Minutes reflect this is not so. Don Pratt stated
it was his recollection they were expecting a specific
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#0241
tenant to be presented for review, however, the motion was
to table any action until the applicant requested additional
review.
Mr. Collins stated that the Operations Committee supported
approval of the Special Use Permit, however, as a member of
the City Council he did not concur with the recommendation.
The reasoning being that the applicant's request for Special
Use Permit is the solely perogative of the Planning
Commission unless there is a difference and then it comes to
the City Council for a final decision.
Mr. Overson pointed out that the Planning Commission's
function is to protect the citizens in land use situations.
They specialize in that consideration that may appear to be
red tape but is in fact for the best interest of the City
overall.
Mr. Colvin questioned the right of Council to remove this
item from a "tabled" action of the Planning Commission. Mr.
Sievers stated that in a very narrow set of cases it would
be appropriate to act if the Planning Commission did not
make a procedural motion but supported their tabled motion
with adequate findings and conclusions so that the Council
could understand that it was in indefinite table and they
did not expect it back unless the applicant wished to comply
with certain conditions, which' he did not wish to comply
with and wanted to appeal. The test is based on findings
and conclusions underlying the table action and whether the
Council determines that remanding back to the Planning
Commission would be a frivolous futile act. Mr. Sievers'
stated An his opinion it would be less risky and possibly
involve less time to put it back to the Planning Commission
and this was discussed with the Planning staff and the
applicant, however, they did not choose to proceed in that
manner. Je
Mrs. Lon~ q stioned if the Planning Commission minutes were
transcribed verbatim. Mr. Pratt explained that the text of
the minutes were summarized but that the motions would
reflect a verbatim statement and that the minutes in
i the summary or in the motions made. Ms.
Long expressed concern that important'elements may have been
is n n st r not the true
intent was reflected in the motion as stated.
M/S/C(Johnson/Colvin) to uphold the Planning Commission's
recommen'dation and to remand back to the Planning
Commission.
Vote:
In Favor:
Oppose:
Overson, Collins, Colvin, Johnson,
Waibel
Dawkins, Crutcher, Long, Homing
President Hornin~ stepped down from participating in hearing
Item 7C due to a possible appearance of conflict of
interest. Vice President Waibel assumed the Council
President position.
7C - ORDINANCE (FIRST READING) RKZONE R-1 TO B-2 (FILM #RZ3--
87) APPLICANT: HOME BUILDERS ASSOCIATION OF KITSAP COUNTY,
1AB87-324
On May 20, 1987, the City Council aDDroved the Home
Builders' fezone from R-1 to B-2. The first and second
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reading of this fezone was subject to the development of a
Concomitant Zoning Agreement restricting the site's
ingress/egress subject to the Engineering Department's
approval. Because the City holds title to the parcel and
its sale and transfer is contingent upon the fezone, the
City would have to enter and record the agreement. After
review by the City Attorney's office, a Concomitant Zoning
Agreement is not necessary as ingress/egress and curb cuts
are always reviewed by the Engineering Department and
approved at their discretion. The ordinance is now being
brought back before the Council for approval without the
inclusion of a Concomitant Zoning Agreement.
Jack Allin~ham, Planning staff, stated that the fezone met
all the criteria pertaining to a fezone, it was
substantially consistent with the Comprehensive Plan, there
were no adverse environmental impacts anticipated, there
has been considerable change in circumstance out in the Auto
Center Way that would 3ustify the rezone, and that the
public interest was found to best served by this. The
Concomitant Zoning Agreement was drafted and forwarded to
the City Attorney's department which was returned back to
the Planning Department questioning about its
appropriateness. The ordinance presented to Council is
without a Concomitant Agreement.
Mr. Overson questioned whether or not the intent of a
Concomitant Agreement will be achieved without its present
but in fact by the procedures of the City. Ian Sievers,
City Attorney, stated that was correct as there were no
special reasons requiring a Concomitant Agreement on this
fezone.
#0919
M/S/C/U(Overson//Colvin) approve Ordinance, on first
reading, for the Home Builders Association Rezone from R-1
to B-2, without a Concomitant Agreement.
#1021
?E - ORDINANCE #4134 (SECOND READING) .PROPERTY TAX LEVY,
#AB87-319
Mrs. Long restated her opposition to approve this ordinance
based on her belief that the previous Council decision was
to hold down costs of government to the public and that the
Council should continue to support that so that the citizens
are not overly burdened.
M/S/C(Crutcher/Collins) to approve Ordinance #4134, on
second reading, levying Municipal Taxes against all the
taxable property within the City limits of Bremerton for the
year 1987 and approving the assessment roll made by the
Assessor of Kitsap, therefore to be collected in the year
1988.
Vote:
In Favor:
Oppose:
Johnson, Colvin, Collins, Homing
Waibel, Crutcher, Dawkins, Overson
Long
With no further business meeting adjourned at 7:55 p.m.
~*HLEEN L. MCCLUSKEY, CITY CLERK
TAPE #504
City Council Reg. Mtg. Minutes
December 2, 1987
Page 12 of 12
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