HomeMy WebLinkAbout03/12/86TAPE #327
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CITY COUNCIL MEETING MINUTES ~
March 12, 1986 ~
The regular meeting of the City Council of e City of
Bremerton was held in the City-Council ChamBers, 239 4tn
Street, Bremerton, Washington, Wednesday, March 12, 2986, at
5:30 p.m. with Council President Spencer Homing presiding.
Present were Council Members "Tiny" Collins, Marry
Crutcher, Mottie DawKins, Mary Lou Long, Al Colvin, Russ
Johnson, Lon Overson and Hank Waibei. Also present were
City Attorney Bill Broughton and Deputy City Clerk Gil
Johnson.
The meeting was opened with Council President Homing
leading the Pledge of Allegiance and Pastor Jim Stedman, of
the Free Methodist church, giving the Invocation.
EXECUTIVE SESSION (5:15 p.m.)
Mr. Broughton stated that an Executive Session, dealing with
Labor Relations/Police Management, was held prior to Council
meeting with no action taken.
CONSENT AGENDA
Item A - Minutes of February 26, 1986, amended pg. 2, #i069
as follows: "Collins abstained from all Appeals ordinances
as he is opposed to having a Hearing Examiner vs Commissions
or Committees" and the inclusion of "Long's statement of
opposition regarding City Council filling the Hearing
Examiner's position"; Minutes of March 5, 1986, #A886-078;
item B - Bid Award Recommendation - Timber Sale !-86 - Upper
Union, #A886-079 .and Item C - Contract #2350 Acceptance
Little Staircase Timber Sale Unit #4-83, #A886-080.
· M/S/C/U/(Dawkins/Overson) to approve the Consent Agenda and
the minutes as amended.
item D - (Separate Motion) - Change Order No. 9 to Contract
C-11, #A886-081. Mr. Dave Baker, Assistant Engineer, statee
this Change Order directs the contractor to perform the work
described in the attached document. Approval of this Change
Order will result in a $866.00 increase in the contract
price for an overall increase in the contract of 9.25% from
the original contract price. Mr. Johnson objected to item
4, pg 8, requiring the city to pay for the "Affidavit of
Wages=', however was advised this is normal procedure.
M/S/C/(Waibel/Collins) to approve Change Order No. 9 to Con-
tract #C-11.
VOTE: In favor: Overson, Dawkins, Crutcher, Waibei
Collins, Long, Colvin & Homing
Abstain: johnson
Motion PASSED
CLAiMS/WARRANT REGISTERS
Vouchers audited and certified by the auditing officer as
required by RCW 42.24.080, and those expense reimbursement
claims cer.tified as required by RCW 42.24.090, have been
recorded on a listing which has Deen made available to the
Council.
· M/S/C/U/(Collins/Johnson) on March 12, 1986, the Council
by a unanimous vote, does approve for payment those vouchers
included and further described as follows: Payroll Vouchers,
in the total amount of $298,146.95; Pre-Written Vouchers,
#18575 - #18576, in the total amountof $34,669.52, and
Regular Warrants, #18582 - #18767, in the total amount of
$125,415.71.
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City Council Reg. Mtg. Minutes
March 12, 1986
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PUBLIC RECOGNITION - None
COUNCIL MEMBERS REPORTS
Mr. Dawkins noted accomplishments of the 1986 Legislative
Session which included passing the Insurance Dill, direct
legislation regarding passenger ferries and completing the
Session today within the 60 days. He stated the budget has
passed both the House and Senate and is being submitted to
the Governor. Of note to Bremerton, the jail funds were
included in the budget.
Mr. Waibel artended a Public Safety Committee meeting and
stated the Banners for "vehicles/citizens in trouble" will
be available for sale at the Treasurer's office.
Mr. Johnson reported on the Fiscal & Budget committee
meeting held March 1, 1986, attention directed to (1) Rosty
1 - with a recommendation that Council send a letter along
with a Resolution at next week's meeting; (2) Council's
management information needs input from Council Members; (3)
the committee is requesting that Council start inputing
Goals and Objectives for FY87 - SLI's, and (4) Mr. Johnson
sought action on the "Drainage Ordinance" which has been
held in the Engineering department for nearly a year. He
requested that the Administrative Services Director follow-
up and see that Council is advised on it's status.
Mr. Colvin noted that weekly Council packets are now
available in the City libraries and that Mrs. Irene
Henninger was pleased that this information is more readily
available to the public.
Mr. Horning stated he has given several written responses to
last week's Public Recognition.
APPLICATION FOR HYDROPLANE RACE/KITSAP LAKE, #AB86-069
Due to the concern expressed by City Council last year
regarding this Hydroplane Race on Kitsap Lake, Mr. Dwight
Malhiot has submitted his application early seeking
preliminary approval, contingent upon fulfilling all the
terms and conditions of the ordinance which was rewritten
during 1985. His application has been routed to all
required departments with no objections other than the Risk
Manager's concerns regarding liability. Risk Manager, Ms.
Peggy Lesser, has been in contact with Mr. Maihiot however
the insurance coverage has not been submitted. Ms. Paula
Johnston, Tax a License Auditor, stated the Parks, Police
and Fire departments have not objected ~o the Race as ~ong
as the Seattle Outboard Association complies with Ordinance
#3965, including adequate insurance coverage. The
Association would be required ~o name the City as additional
insured with a 20 day notice of cancellation.
Mr. Dwiqht Malhiot, 8447 Freddie's Lane, sponsor's
representative, stated the Association will not apply for
the insurance until Council has approved the request to hold
the race. He stated he has obtained permission from the
Navy to use Camp McKean on Kitsap Lake for spectator access
to the race and noted that last year the Park's department
posted the Lake prior to commencing the race and hoped that
the Council would consider closing the Lake during the
event. Mr. Malhiot felt confident that the Association can
meet all the terms of the ordinance governing this activity
as they did-in 1985.
Mr. Jim Strait, 6530 Harlow Drive (Pres. KitsaD Lake
Neighborhood), stated there has been no direct opposition to
the event and, if polled, he felt the citizens would be
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divided in their response. His main concern was for
swimmers, other small craft and citizen safety, should one
of the Hydroplanes go out of control.
Mr. Bert Gegner, 934 Washington, would oppose elimination of
the racing event and suggested Council increase safety
factors to allow compliance.
Mr. Colvin felt the Kitsap Lake Neighborhood was more
concerned for safety than opposed to the Race which Mr.
Strait agreed. Mr. Collins asked if an environmental study
has been done or any noted deterioration from the event
noted with Mr. Strait stating, not to his knowledge. Mr.
Johnson stated his concerns are directed to parking and
where. By holding the race all other citizens are excluded
from using the Lake. Mr. Dawkins stated he has worked in
the Seafair race (Seattle) and it has been practice to close
the surrounding area to swimmers, etc., after 11:00 a.m. He
suggested volunteers from the Bremerton Boat Club who couid
offer additional patrol, Mr. Ma!hoit stated that hast year,
two off-duty Police officers patrol in a boat during the
race and that the Parks department did close the Lake from
12:00 - 8:00 p.m. When asked, he stated that, depending on
the race, speeds vary from 35 - 80 miles an hour. He stated
that the insurance will again be issued through the American
Power Boat Association and the event had no problem
furnishing the $1,000,000 certificate, as required by the
ordinance.
M/S/C/(Waibel/Johnson) to approve the application for a
Hydroplane Race - Kitsap Lake, contingent of the applicant
meeting the~full terms and conditions of Ordinance #3965.
VOTE: In favor: Overson, 'Dawkins, Crutcher, Waibel,
Collins, Long, Colvin &Horning
Opposed: Johnson
Motion PASSED
PUGET POWER EASEMENT - AB86-085
Puget Sound Power and Light Company is reauesting an
easement for power to serve' residential customers from an
existing power line which is located along the SW boundary
oE the Utility Watershed, on Minard Road, which is 2oca'ted
in the NW4, SW4, Section 34, Township 24 North, Range !
West, Wil!amette Meridian. The easement is for the iocatlon
of a power transformer and customer service drop from the
existing undergrouna power line which is on Minard ~oad.
The city has previously granted other easements across this
same property.
Mr. Johnson asked if the City was charging for the easement
with Mr. Bill Dully, Water Utility Superintendent, noting
that no fee is charged Puget Power. He stated that t~e road
serves the tower on Gold Mountain, which is city owneG, and
the purpose for this lease to Puget Power is a property
owner constructing a residence bordering the Watershed
property and in order to bring in power~ the city would need
to grant the easement. Mr. Waibel asked City Attorney
Brouqhton if the city can give an open easement without
charging the party. Mr. Broughton stated that RCW's
prohibit giving something of value without compensation. He
felt the city should appraise the property, 'charging
accordingly or document other considerations to justify why
the City is not charging or has not in the past. Mrs. Long
stated she was not willing to step on wrong side of law and
thought the City should trade for consideration or charge.
Mr. Duffy was willing to table for two weeks and research
further.
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· M/S/C/U/(Waibel/Collins) to table for two weeks a request
from Puget Power for an easement, Minard Road.
Mr. Horning requested a policy from the Mayor's office, and
expressed concern that we are setting a new policy after a
precedent has been set. Mr. Broughton again suggested
appraisal to determine fair market value for easement. He
said previous easement granted occurred some time ago.
Johnson noted that under the Administrative Procedures, the
Administrative Services Director should review to see if we
have a standard procedure with Mrs. Long concurring.
Recessed at 6:30 p.m. - 6:45 p.m.
HEARING - ZONING ORDINANCE AMENDMENT TO ORDINANCE 1792 - ,
#AB86-089
The proposed ordinance is a housekeeping amendment to the
Bremerton Zoning Ordinance to clarify front yard setback
requirements for through lots. This ordinance requires
front yard setDacks for each yard fronting on a street.
This is a common requirement, as discussed in the staff
report. Planning Commission, net Resolution #772,
recommended approval unanimously.
Mr. Homing asked the "Conflict of interest and Appearance
of Fairness" question with Mr. Collins stepping down for
this hearing.
Mr. John Dewhirst, Assistant Planning Director', gave an
overview of the purpose and need for this amendment to
Ordinance #1792. Mr. Dewhirst cited an example such as the
intersection of Clare and Hemlock where some lots front on 2
public ROW's. Now when this occurs, the lot will have a
front and rear designation. Mr. Johnson noted that there
are a number of lots within the city that have a front and
back on public ROW's. He was concerned that this may
prohibit a person from additional construction on a site
having a residence already in place and want to add a garage
or carport at a later date. Mr. Dewhirst explained that a
100' lot would have no problem, and if there was a problem
an individual could apply for a variance. When questioned,
Mr. Dewhirst stated there is a penalty for building too
close to a street and during the inspection process,
corrections can be cited and if not in compliance, the owner
will be unable to obtain an occupancy permit. He stated the
city has a right to enforce.
· M/S/C/(Collins/Long) to approve ordinance> first reading,
amending Ordinance No. 1792, Title !, Chapter Ii
"Definitions" to add a definition of ~ through lot and
defining setback requirements for such lots.
VOTE: in favor: Overson, Dawkins, Crutcher, Waibei,
Collins, Long, Coivin & Homing
Opposed: johnson
Motion PASSED
Mr. Collins returned to the meeting.
AMBULANCE RATE ADJUSTMENT - KITSAP PUBLIC SERVICES, iNC, &
OLYMPIC AMBULANCE, INC. #AB86-082
In January, 1985, the Gray Panthers requested the Ambulance
Advisory Committee to discuss the situation of two ambulance
companies refusing to accept assignments (as payment in
full) of the Medicare-payments for Senior Citizens. After
numerous meetings, Medicare advised both ambulances to merge
their rates for Advance Life Support and Basic Life Support
(ALS/BLS), into one rate. These rate adjustments are a
$10.00 increase and Medicare has agree to increase their
reimbursement level by $10.00. Both ambulance companies
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have agreed to accept Medicare assignments at this rate
level. Staff recommended approval.
Leonard Marks, Fire Chief stated the ALS charge was $140.00
and BLS charge was $125.00, therefore the merged rate was
set at $135.00 for all calls to comply with the request from
Medicare officials in order to resolve the problem. He
stated that in the past the city subsidized the ambulance
operation and this is not the case at present. In order for
the ambulance companies to afford to operate and provide
services for the Senior citizens and welfare assignments
this will need to be approved. Mr. Bill Littlejohn, owner
of Olympic Ambulance, Inc. spoke in support of the fee
merger and noted that 75% of all responses by his firm are
either Senior citizens or Welfare cases, paid for by
Medicare and Welfare offices. It has caused a problem for
his operation. He further assured Council that he and his
competitor both have agreed to accept Medicare assignments
under this proposal. He clarified that this was not a rate
increase and stated that today his office was advised that
they will be cut an additional !% for administrative
paperwork which they will live with.
Mr. Johnson stated that for the BLS fu!l-payer, it is a rate
increase which Chief Marks agreed. Mr. Homing noted that
the younger people will actually be subsidizing the program.
Mr. Crutcher stated he had a comDia!nt from a constituent of
a bill in excess of $200.00. Mr. Litt!e~ohn responded
stating, in addition to the flat fee charged, there may have
been additional charges based on the supplies/services
rendered but it is hard to determine without the bill to
review. He stated HICFA sets rates based on previous two
year ago averages which does not include Seattle or Spokane
but the.bulk of operators within the State.
M/S/C/U/(Collins/Co!vin) to approve revised rates for Kitsap
Public Services, inc. and Olympic Ambulance, inc. fo~
ambulance services within the City of Bremerton.
FIRE PROTECTION CONTRACT FOR STATE OWNED BUILDINGS IN CITY
LIMITS OF BREMERTON - 1986 ANNUAL AMENDMENT, #AB86-083
The State of Washington provides some funding for cities to
furnish fire protection services to State-owned buildings.
The 1986 allocation for the City of Bremerton is $5,065.00.
This amount is determined by sharing $437,000 statewide on a
per square foot basis. Staff recommended approval.
Mr. Dawkins asked about continued false alarms at Francis
Haddon Morgan treatment facility with Chief Marks responding
that the department is experiencing a decrease. He admitted
there was a problem in the past however it seems to be under
control. Mr. Johnson asked if a survey of existing State
buildings was done this year, to determine total square
footage, with Mr. Marks, responding that Battalion Chief
Huqhes did the most recent survey during 1985. Concern was
expressed with the recent construction of other State
facilities and other future construction. Mr. Homing
clarified that coverage is in terms of value and not scuare
footage.
M/S/C/U/(Colvin/Long) to approve adoption of contract amend-
ment for providing fire protection services for fiscal year
1986 for State of Washington owned buildings in the City of
Bremerton and authorize the Mayor to sign the contract
amendment.
DEPARTMENT OF NATURAL RESOURCES WASTE OUTFALL LEASE NO. 22-
002655, #AB86-084
This lease describes the area necessary To maintain the
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existing combined sewer outfall at Ohio Avenue in Port
Washington narrows. As it is in the tide!ands of the State
of Washington, the State Department of .,Natural Resources
administers the lease requirements. There is no cost ~o the
City. Staff recommended approval.
· M/S/C/U/(Dawkins/Waibe!) to approve acceptance of Lease
22-002655 as presented.
PERSONAL SERVICE CONTRACT - JACK MAHER, WATERFRONT
DEVELOPMENT MANAGER, #AB86-086
Mr. Don Pratt, Planning Director, presented Staff report
noting Mr. Maher's initial contract and funding terminates
February 28, 1986. Funding for the position through
September 30, 1986, was provided in the 1986 Budget with
HUD/CDBG funds. Mr. Maher accomplished tasks established
for his position and is assisting in re-assessing the
waterfront. development strategy and program. His services
are required for the immediate phase and re-assessment of
the program. Mr. Pratt stated Mr. Maher has been
instrumental in o~ganizing the waterfront property owners,
lobbying in Olympia which has secured funding for the
Fishing Pier and encourage State support for additional
passenger only ferries. He said Mayor Lobe has been
critical of what is not constructed and has asked for the
re-assessment and has concurred with the contract extension
until September 30th.
Mr. Pete Flynn, Main Street Association, said he has spent
many hours with Mr.- Maher regarding Waterfront Legislative
matters and the Department of Transportation. ~e felt Mr.
Lou Weir's, deveioDment on First Street is a direct result
from Mr. Mahe,~'s actions. He asked Council support in
extending the contract.
Mr. Horning asked the status of the "Fishing Pier" with
Pratt responding ~a~ ~ State funds ar~ ~ o!ace;
Plans are drafted; (3) Federal funds in limbo with a
possible 15% loss because of Budget cuts; (4) Mayor Lobe
will meet next week with the State Director of Fisheries to
try and secure a commitment within two weeks, and (5) the
contract will expire September 30th if no funding. Mrs.
Long asked specific results accomplished by Mr. Maher. M.r...~..
Pratt stated (1) Waterfront Plan completed; (2) BroUght
Property Owners together; (3) Funding in D!ace from State;
(4) State passed funding for Passenger only service (Ferry)
and Mr. Weir's development of !st Street from Washington to
2nd. Street. Mrs. Lonq asked the specific course of action
during the next 6 months with Mr. Pratt stating he was not a
liberty to discuss without the Mayor's approval.
· M/S/C/U/(Collins/Dawkins) to approve the extension of a
Personal Services Contract - Jack Maher, Waterfront
Development Manager, authorizing the Mayor to execute
contract as presented.
ORDINANCE (FIRST READIN6) ESTABLISHING A CABLE
COMMUNICATIONS ADVISORY COMMITTEE, #AB86-086
This ordinance will establish a committee comprised of three
members of the 'public, one staff member, one City Council
member. The purpose of the committee is to develop rules
for the use of community service channels and institutional
use, serve as an advisory body to the Mayor and City Council
regarding Cable TV activities. Mr. Johnson noted that the
Franchise Agreement did not address having a committee and
citizens are becoming interested in being involved.
Recommended committee assignments include Mr. johnson
representative from Council, Ms. Kathleen McC!usKev,
representing Staff and Mr. McClelland, employed by KTNT-TV
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representing public access with two members a.t-large to be
appointed. Mrs. Lonq stated she has an individual, who may
be willing to serve, but needed to consult with that person.
· M/S/C/U/(Johnson/Colvin) to approve Ordinance, first reading
establishing a Cable Communications Advisory Committee,
Rules of Procedure and duties.
ORDINANCE (FIRST READING) REVISED ADMISSIONS TAX, #AB86-087
The admissions tax ordinance was revised to accommodate
desired changes listed to include; (i) non-Profit
Organizations are exempted from collecting admission tax on
ticketed events that they have promoted; (2) Admission tax
is based up on the price actually paid for admissions so
that discount tickets are charged a tax based upon the
discounted price; (3) the price of the ticket must be
itemized on the actual ticket showing the admissions tax as
a separate charge; (4) collection requirements are detailed
and clarified and (5) a Successor clause is included to
protect the City in the event a business that has an
outstanding admissions tax debt is sold. The ordinance
further more clearly defines taxation reporting recuiremen~s
and enforcement procedures.
Ms. Paula Johnston, Tax & License Auditor, noted this was a
good-will gesture for non-profit enterprises because it has
been noted that several events such as the "Fine Arts
Pavilion" lost all monies due to the tax liability.
Mr. Horning asked City Attorney Broughton if this could be
passed as an "Emergency" ordinance which Mr. Broughton
responded defining an "Emergency" ordinance as one that
preserves health, safety, etc. of the city and this would
not justify that definition. Mr. Colvin stated he was
uncomfortable with passage as an emergency ordinance and
asked if scheduled events could be grandfathered. Mr.
Broughton stated not on a tax issue. He further felt retro-
active taxes would be setting a dangerous precedent and
could be challenged. Mr. Broughton advised Council members
that the City of Bremerton has one of the longest waiting
periods (approximately 2 months) in the State, before an
ordinance becomes law and suggested this issue should be
given to either Freeholders or the Charter Change committee
to amend.
· M/S/C/U/(Overson/Waibe!) to approve an Ordinance, first
reading, establishing an admissions tax levied when there is
an admission charge and repealing Ordinance Nos. i521, 3625
Sec. 14, 3893, 2548 and all prior ordinances.
ORDINANCE (FIRST READING) - NONCONFORMiTIES, #AB86-088
At the City Council hearing of January 22, !986, numerous
issues and questions were raised concerning the draft
Nonconformities Ordinance. Attached to Council packets is
a memo addressing both the question and response from
Planning staff. Also furnished is the draft of the proposed
Nonconformities Ordinance.
Mr. John Dewhirst, Assistant Planning Director, presented
Staff report. He stated the ordinance is not creating
nonconformities which are there by present Zoning ordinance
and clarified the intent of the draft to include; (i)
identify nonconformities, (2) define, and (3) how to manage
present situations.
Mr. Paul Scheyer 2iil Madrona Pt. Drive, felt the general
public would not understand this ordinance. He gave reasons
for his concerns and cited a lot near his residence which is
only 49.6' wide, which under t~is draft would be
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March 12, 1986
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unbuildable. How would a purchaser know that he may be
stuck with a parcel that is unusable until he applied for a
building permit. Mr. Dewhirst took note of his concerns but
felt the proposed amended changes were each for a specific
reason and would need to research Mr. Scheyer's concerns
before responding. Mr. Scheyer asked on 901(B)(1), that the
word lot should be structure, with Mr: Broughton explaining
why lot was correct with Mr. Homing concurring. Mr.
Broughton further stated the need for a variance is for the
structure not the lot. Mrs. Long asked if parking lots can
be run as a business if the lot is non-conforming with Mr.
Dewhirst responding that this would be a Zoning enforcement
problem. He felt that staff drafted the ordinance with
clear distinction between use and structure and it was
mainly aimed at parking lots. General categories were used
because addressing specific situations would be a voluminous
draft. Mr. Pratt suggested the issue be tabled for two
weeks tO further define the ordinance's intent. Mr. Colvin
asked how many lots are affected with figures not available
at this time. Mr. Colvin also addressed what hardships to
the property owner and liability to the City, should
someone purchase an unusabie lot in the future, to be
research when returned to committee.
. M/S/C/(Collins/Co!vin) to continue first readinq of an Ordi-
nance amending Ordinance No. 1792 relating to land use and
zoning by amending Chapter II of Title III in order to
update the provisions governing Nonconformities; reDeai
Section 329 of Chapter II, Title Ii, and amend Section 328
of Chapter II, Title II (amended previously by Ordinance
3210, passed March 5, 1975, and Ordinance 3354 passed March
23, 1977), and amend Section 413 of Chapter III of Title If,
for two weeks, referring back to committee.
VOTE: In favor: Overson, Dawkins, Crutcher, Collins,
Long, Colvin & Johnson
Opposed: Waibel & Homing
Motion PASSED
ORDINANCE #4028 (SECOND READING) K.R.S. ENTERPRISES -
REQUEST FOR REZONE FROM R1 TO B2, #AB86-076
In response to the Conflict/Appearance auestion,'Mr. Collins
stepped down for the final two Agenda bills.
· M/S/C/U/(Dawkins/Crutcher) to pass on second reading,
Ordinance #4028, amending the use and area maps of O~dinance
i792 upon application of rezone from R1 to B2 and subSect to
various requirements and other applicable laws and
reguiations- K.R.S.Enterprises.
ORDINANCE #4027 (SECOND READING) KITSAP TRANSIT REZONE FROM
R1 TO B2, #AB86-075
M/S/C/U/(Waibel/Long) to pass on second reading, Ordinance
#4027, amending the use and area maps of Ordinance #1792
upon application of rezone from R1 ~o B2 and sub3ect to
various requirements and other applicable laws and
regulations, Kitsap Transit Rezone.
GIL W. JOHNSON Deputy City Clerk
City of Bremerton '
APPROVED: '
SPENCER HORNING, PRESIDENT
CITY COUNCIL
cc: Normal Distribution
Fi le/Vaul t
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