HomeMy WebLinkAbout09/17/86TAPE #381
#0043
CITY COUNCIL MEETING MINUTES
September ~7, 1986
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, September
17, 1986, at 5:30 p.m. with Council President Spencer
Homing presiding. Council Members present were Lon
Overson, Morrie Dawkins, Marty Crutcher, Hank Waibei,
"Tiny" Collins, Mary Lou Long, A1 Colvin and Russ Johnson.
Also present were City Attorney Bill Broughton and City
Clerk Kathleen L. McCluskey.
The meeting opened with the Pledge of Allegiance led by
President Horninq with Pastor. james Stagman giving the
Invocation.
CONSENT AGENDA
Pulled for one week.
CLAIM/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/(johnson/Waibel) on September 10, 1986, the Council
does approve for payment those vouchers included and further
described as follows; Regular Warrants, #22526 - #22711 in
the total amount of $308,629.02 and Payroll Vouchers in the
total amount of $310,826.13.
VOTE: In favor: Overson, Dawkins, Crutcher, Waibei,
Collins, Colvin, johnson & Homing
Abstain: Long
Motion P.ASSED.
Discussion followed with Mrs. Long requesting that someone
be appointed, on a rotation basis, to review Claims and
Vouchers on a weekly basis. Mrs. Long and Mr. Coivin both
volunteered to do this task for a month each.
PROCLAMATIONS
Ms McCluskeV presented a Proclamation, on behalf of the
Mayor, designating September 17th - 23, 1986, as
"Constitution Week" with Ms. Sandra Jones, Representative of
the local Chapter of the Daughters of the American
Revolution accepting. She encouraged Council to plan some
type of activity for 1987, the 200th Anniversary of the
signing of the U.S.Constitution.
PUBLIC RECOGNITION - None
Mr. Frank Egan, 2602 E. 23rd. Street, complained that he did
not receive a timely response regarding his Brem-Air
complaint submitted to Council last week. Mr. Horninq
directed Staff to furnish Mr. Egan a copy of the Brem-Air
Rate tables, approved January of 1986, in Thursday mail.
Mr.. Stan 'Christensen, 419 Plum, Representing the Sheridan
Neighborhood Association, invited Council members to attend
a "Town Meeting" to be held on Thursday, September 18, 1986;
at 7:00 p.m. in the Sheridan Park Community Center. He
requested that any of the elected officials available,
attend for a question and answer period regarding issues
such as the upcoming Parks Improvement Bond issue, etc.
Ms. Dorothy Christensen, 419 Plum, advised Council that she
will be requesting $25.00 per ~onth for the Sheridan
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Page 2 of 8
Neighborhood to publish a newsletter for their constituents
and will do so in writing.
Mr. Joe Stadler, 908 Park Avenue, noted that Mr. Joe
Mentor's parking lot property on Park Avenue has been posted
(September 4, 1986) that it is in violation of Ordinance
#3536, with notation that he could be faced with possible
fines and/or imprisonment. He wanted to know the status
with President Horning advising that the Planning Director
and Mayor Lobe are aware of the situation and will have
answers forthcoming.
Mr. Glenn jarstad, 2823 Hefner, addressed several issues to
include; (1) Bremerton Deing fortunate to have a county-wide
waste system (Brem-Air) which charges one of the lowest
rates in the State; (2) Suppqrts Bond Levy advertising and
if it is too costly for the City, there are citizens who
would donate the money to educate the public and assure that
the purpose of any Levy is well defined; (3) Concerned that
the Flagpoles, originally erected by the City's Parks
Department at the former site of the U.S.S.Missouri Dock,
have disappeared. He felt that if the Federal Government
could not provide maintenance and display of the Poles and
Flags, he would like to see the City take repossession of
the equipment and relocate, possibly at Lion's Field where
they can be enjoyed by the citizens. He requested the
whereabouts of the Poles and Flags be investigated; (4) Was
pleased and supported the Emergency Medical Levy, passed in
yesterday's primary election, however felt that the
assessments to the Citizens within the City, and contracts
with North Perry (FD #9), Rocky Point Rd. (FD #19) and Navy
Yard City (FD #8) do not pay for the system. He proposed
increases with the three Fire Districts listed, agreements
with those who are currently listed under Mutual Aid such as
South Kitsap Dist. #7 and Silverdale Dist. #1 to help off-
set the paying citizens within the City. He thought a
minimum of an additional $30,000 could be assessed the three
districts using the same .25¢ per thousand the City
residents pay. In closing, with the fiscal problems facing
the City and his years of experience Mr. Jarstad offered his
volunteer time to assist Budget research and development.
Mr. Tom Swanson, 2123 Synder Avenue, was concerned about
political .sign placement during the primary elections races.
He remembered an Ordinance which addressed this situation
and asked if it is still on the books with Ms. McCiuskeV
noting that it had been repealed when the new Uniform Sign
Code was adopted and that this situation is not addressed in
the new Code.
Mr. Norm Walton, 2518 No. Wycoff, supported Mrs. Long's
efforts in advising the Public on the Levy issues by placing
advertisements. He was critical that the Parks Staff did
not provide all information regarding the needs of the
department.
COUNCIL MEMBER REPORTS
Mr. Johnson brought to the Council's attention that, in
violation of the General Franchise, Olympic Cable Vision has
not hooked up to the City's Public Access Channel (#29) and
he suggested that legal action be commenced. Mr. Horninq
directed the City Attorney to write a letter addressing the
requirements and compliance to Olympic.
Mr. johnson reported that the Fiscal/Budget Committee feels
the Puget Sound Sub-Regional Council of Governments annual
assessment rates Bremerton as a "Central City" which makes
the fee 3-times what the City should be paying. He compared
the City's rate as higher than the City of Seattle on a per
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City Council 1{ Mtg. Minutes
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capita basis which he feels is not warranted. He addressed
the KCCA Contract and the City's annual share noting that
the city is only 25% of the County population however is
being assessed for 75% of the County's alcoholic problem.
He requested this be further researched.
Mr. Colvin thanked the efforts of Ms McCluskey for her
organization of the'Public Access Channel and the services
that will be now offered to the community. Also that the
Council meeting packets are now available to the Libraries
and Sheridan Park Community Center.
Mrs. Lonq (1) thanked Mr. Walton (spoKe earlier) for his
concern on Levy information and shared Mr. johnson's concern
that this city pay only it's fair share in any assessment
billed for services, memberships, etc. Mrs. Long requested
she be furnished a copy of the Deed to the property where.
the proposed "Sports Complex" would be built, should the
Parks Improvement/Bond Levy pass.
(2) She reported attending the Washington State
Transportation Convention last week which gave an overview
of Kitsap County's future transportation problems; (3)
Received and read a letter from Mr. Stan Christensen who
addressed the issue of "who will suffer the liability when a
police officer is allowed to use city equipment in a non-
city related activity and compensated by a third party".
Specifically uniform/equipment maintenance, off-duty related
disability, off-duty insurance, medical bills, gasoline for
patrol cars and damage to other peoples property should an
accident occur with a city vehicle or motorcycle (on file in
C/erk's office)? Mrs. Lon~ stated she will research.
Mr. Crutcher thanked fellow Council members for
concern regarding his granddaughter's car accident.
their
Mr. Collins requested the Public and Council stand for a
moment-of-silence in remembrance of "Art 'Motken", former
Chief of Police/Bremerton and Kitsap County Sheriff who
passed away this week.
Mr. Horning again expressed his thank you to ~he voters for
their recent support of the Bremerton Fire Medical Bond Levy
which passed this week and for the Bainbridge Island passage
of the transit vote which will benefit the whole county.
REQUEST FOR REZONE FROM R1 - B2, i26 SOUTH CALLOW AVENUE~
#AB86-372, "ROBINSON, REGNELD"
The Planning Commission at their August 19, 1986, voted 5 to
3 in favor of denial of 'the proposed fezone from R1 to B2,
126 South Callow Avenue Per Resolution #802. The reasons
for denial include (1) the fezone would not be substantially
consistent with the Bremerton Comprehensive Plan and (2) the
fezone does not bear a substantial relation to the public
welfare.
Mr. Robinson Applicant, offered several handouts and
pictures of the site and building he proposed to construct
on the site should the fezone be granted. He noted that
since the new Comprehensive Plan has been adopted the
proposed Map and Zoning Ordinance all indicate that the
South Callow area be designated commercial in the future.
He noted that his proposal is to construct a metal building
to be used for offices and a show model for sales of the
building, which he felt would be aesthetically valuable to
the area. Mr. Robinson contacted the Shipyard Commander's
office and clarified the proposed traffic routes which will
be revised for quicker traffic flow to and from the shipyard
and thought the Planning Staff misunderstood the impact in
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September 17, 1986
Page 4 of 8
the South Callow area. He stated he was agreeable to
changes in the curbcuts and setbacks, therefore requested
thai Council (1) approve his request for fezone and (2)
change the entire South Callow area to commercial zoning in
order to begin proper development instead of strip-zoning.
Mr. Jim Adrian supported the applicants request and after a
walk-through of the area today, felt the property would be
valueless as residential, investors would not develop
without fezone and that most occupants are not
owner/occupied dwellings at this time. He too thought the
City should consider the future increases in revenue should
the area be allowed to develop in an orderly manner even
with restrictions such as setback. He questioned Planning
Staff's theory that it is not in the best interest of the
City to fezone the area. He added that commercial concerns
all could be addressed on a case-by-case basis through a
concomitant agreement.
TAPE #382
Mr. Bert Ge~ner commented on his vote for the fezone as a
Planning Commissioner.
Bill Brouchton, City Attorney asked that Council strike
comments made by Mr. Ge~ner, Planning Commissioner who was
involved in the original vote of the request for fezone. He
again cautioned individuals addressing issues they were
personally involved in out of an "appearance of fairness".
Mr. Roy McInnis, 2811 Maple Street, was in total support of
the proposed fezone and felt this area could be much
improved in there was proper guidance in development.
Mr. Swanson expressed concern that, if not monitored, the
future costs to the City could be unreasonable, citing the
problems on the Wheaton Way corridor into town. He
requested that Council, if it approved the fezone, add
requirements for additional setbacks.
Council members supporting the development of the South
Callow area included Mr. Dawkins, Mr. Overson, Mrs. Long,
Mr. Johnson, Mr. Colvin, Mr. Homing and Mr. Crutcher. Mr.
Waibel had concerns about approving a Rezone without a
concomitant agreement. Mr. Collins had some objections
because of a recent fezone in the area that had such a small
lot the owner is now unable to utilized for building. It is
zone business and cannot be developed.
Mr. Hanna and Mr. Don Pratt, Planning Director, stated the
key issues and areas of concern are (1) curbcuts and (2)
adequate setbacks. Mr. Homing asked if a Concomitant
Agreement addressing these issues could be prepared for
first reading of the ordinance if Council passed the fezone
request. Mr. Hanna concurred.
#1086 · M/S/C/(Colvin/Johnson) to approve the request for Rezone
from R1 to B2, 126 So. Callow, and direct Planning Staff to
prepare a proper Concomitant Agreement addressing proper
curbcuts and setbacks to be attached to the first reading of
the ordinance - "Robinson, Regneld" Rezone.
VOTE: In favor: Overson Dawkins, Cruitcher, Long,
Colvin, Johnson & Homing
Opposed: Collins
Abstain: Waibel
Recessed from 7:40 p.m. - 7:55 p.m.
REQUEST FOR REZONE FROM R2 - B2, 1024 & 1028 4TH STREET,
#AB86-ST3 - "WINGO" REZONE
Per Planning Commission Resolution #800, a request for
fezone from R2 - B2, 1024 & 1028 4th Street, was voted 8-0
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City Counci~ x(eg. Mtg. Minutes
Septeuber 17, 1986
Page 5 of 8
for denial. The applicant originally had intended to
established a wrecking yard or tow yard on the subject
sites. The Commission's findings and conclusions and basis
of denial included; (1) Not consistent with the
Comprehensive Plan; (2) Not substantial change in
circumstances to justify a change in zoning patters, and (3)
proposed zoning and land use are not appropriate for a
residential area.
Mr. David Win~o, Applicant - 3132 Russlewood Ln. Port
Orchard, submitted pictures of the subject parcels and noted
that when He originally requested the fezone, it was his
intent to sell the property to HP Towing which has since
fell through. Now he is interested in developing the two
parcels into a parking lots. He stated he had personally
contacted 15 of the surrounding neighbors of which none
objected to a towing yard therefore he felt they certainly
would not object to a parking lot.
Mr. Wilber Horn, 2527 Stephenson, owner of proper at 1033
5th Street was not oppose to parking lots but would be
opposed to towing yard. Mr. Stan Christensen, 419 Plum, was
concerned that if property, at a later date, was sold to
another party, what would prevent them from using other than
it's intended use. He cited examples where this has
happened in the Sheridan Neighborhood.
Mr. Collins was concerned that, with the recent adoption of
a Comprehensive Plan, which specifically earmarks the area
as residential, that Council should even consider rezoning.
He felt B2 allows anything to be constructed. He is
cognizant that the area needs parking but only if there can
be a way to grant this usage without changing the zoning.
Mr. Hanna stated that a Concomitant Agreement is part of the
original ordinance document and attached, so this may be a
solution.
#1698 · M/S/C/U/(Collins/Waibel) to remand back to the Planning
Commission with the stipulation that Staff will work with
the applicant to make parking lot the very minimum zone
possible.
BUDGET ADJUSTMENT REQUEST/FIRE DEPARTMENT, #AB86-360
Mr. Les Si~lan, Budget Analyst, submitted an agenda bill
requesting Council's approval to transfer $130,000 from
Support Services, General Facilities and Nondepartmental
Operations Ending Fund Balance to the Fire Department to
meet overtime/disability overruns and unanticipated
electronic and vehicle repairs not covered by contingency
monies in the 1986 budget as requested in 1985 by Fire Chief
Leonard Marks. Chief Marks was present to explained that
the previous Council, in an effort to trim and balance the
budget, would not allow contingency money for unanticipated
emergencies to be added to a departmental overall budget.
They advise a department head to seek Council approval or a
mid-year budget adjustment if emergency or unfunded
necessities occurred. He stated the Disability leaves are
creating a high overtime situation to maintain minimum
manpower levels. Further, one the Fire Engines needed a
major axle replacement and violations of electrical wiring,
needing immediate attention at Station #1.
Mr. Bert Ge~ner, 934 Washington Avenue, ~felt departments
were advised during 1985 Budget Hearings"~that they would
have to live within Budgets for 1986. He was opposed to
bailing out any departments to provide for another.
Mr. Horning asked the Budget Director whether this would
close out other departments for the balance of the year,
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City Counci .~g. Mtg. Minutes
September 17, 1986
Page 6 of 8
should unanticipated emergencies occur. Mr. Si~lin stated
that as of today this is correct however there may be other
ending fund balances from which to draw upon at a later
date. Mr. Dawkins was in support of Chief Marks' request
noting that the LEOFF I system puts the burden on Cities and
Counties to fund those individuals on disability even at the
risk of running short of staff. Chief Marks added that his
only other recourse, at this point, would be to close one of
the Fire Stations which would decrease overtime by needing
less personnel. Mr. Johnson stated the City could not blame
the Chief because this was the direction of the previous
Council and he will support this request as a necessary
move. Mr. Johnson asked the Budget Analyst what would occur
if the Police Department faced a similar crisis with Mr.
Sialan responding, it is his understanding vacant positions
are not being filled just in case an emergency should arise.
Mr. Crutcher expressed his concern that equipment of such
value must be maintained and repair or future upkeep will be
impossible. Mr. Si~lan noted that a lot of scheduled
maintenance was deferred for both 1985 and 1986 which could
indeed create a severe problem in the future.
#3080
· M/S/C/U/(Waibel/Colvin) to approve the Budget Adjustment
request, authorizing the transfer of expenditure allocations
(totaling $130,000) from Support Services ($45,900); General
Facilities ($16,00), and Nondepartmental Operations Ending
Fund Balance ($68,100) to the Fire Department to meet
overtime/disability overruns ($106,700), unanticipated
electronic repairs ($16,000) and unanticipated vehicle
repairs ($7,300).
#3131
· M/S/C/(Waibel/Dawkins) to delete the authorized position of
Support Services Superintendent (since funding will be
eliminated by the approved transfer).
VOTE: In Favor: Overson, Dawkins, Crutcher, Waibel,
Collins, Long and Colvin
Opposed: Johnson & Homing
Motion PASSED.
TAPE #383
PURCHASE ONE (1) 5 YARD, HYDRAULIC OPERATED, SELF-PROPELLED-
SKID MOUNTED SANDER/SPREADER, #AB86-360
Mr. Ken Brees, Street Superintendent, requested Council's
approval to replace present equipment with a do-all sander
which was PTO driven and permanently mounted on a 1978 cab
and chassis which was formerly a tractor for the U.S. Postal
Service with many miles on the vehicle. Fleet reduction
forced selling of truck to reduce maintenance and reserve
costs. Proceeds from the Auction generated enough funds for
replacement from the Street department budget.
#0011 ·
M/S/C/U/(Dawkins/gohnson) to authorize purchase of 1 - 5
yard hydraulic operated, self-propelled-skid mounted sander
spreader, off of King County purchase order and approve the
asset acquisition request.
VACATION OF ALLEY BY OPERATION OF LAW, #AB86-370
Mr. Thomas Warren Kirk a Youn~ Ranq Kirk, owners of property
on South Constitution Avenue have requested that the North
1/2 of the Alley abutting Lot 5, Block 15 of Port Orchard
Addition, as per plat, be vacated by Operation of Law. The
plat of Port Orchard was platted during the period of time
from 1889 through 1894 and pursuant to the Laws of the State
of Washington 1889-90, Chapter 19, Sec. 3~, page 603, said
property should be automatically vacated.- Bill Broughton
stated that when property is not used it no longer is the
City's.
#0072
· M/S/C/(Dawkins/Colvin) to approve the Vacation of an Alley,
as described above, by Operation of Law, #AB86-370.
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City Counci. Aeg. Mtg. Minutes
Septexr~er 17, 1986
Page 7 of 8
SURPLUS OF CITY PROPERTY - AUTO CENTER WAY & BRUEN, #AB86-
371
Mr. Collins stepped down out of "Appearance of
Fairness/Conflict of Interest" at 9:00 p.m.
The City owns a triangular parcel of property located across
from the Westpark Bowling Alley at Bruen & Arsenal Way. The
parcel was declared surplus by the Planning Commission on
March 5, 1985. On August 21, 1985, Council tabled a
decision on surplusing the parcel due to a concern that it
may be suitable for the Animal Control Shelter. On
September 3, 1985, the parcel was again discussed by Council
and due to the Engineer's concern that any sale proceeds
would revert to the State it was not surplused. There were
a number of interested parties, contacting the City
regarding purchase of this lot. The City Engineer was again
asked to review the records and contact the State regarding
the proposed sale. The City was informed that if there are
no deed restrictions the City is free to dispose of the
parcel and keep the proceeds. The deeds were provided in
Council packets and after the last review, it was determined
to be unsuitable for an Animal Control Shelter due to it's
configuration. It is Staff recommendation that the parcel
be surplused and sold. If Council concurs, it is further
recommended that the parcel be appraised and that the City
seek proposals for acquisition and development with proposed
development of the site an important criteria in the
selection process.
#0313 · M/S/C/U/(Long/Crutcher) to approve the surplusing of the
property located at Auto Center Way & Bruen and obtain an
appraisal and seek proposals for acquisition and
development.
ORDINANCE #4075 (SECOND READING) PARKS IMPROVEMENT
DEVELOPMENT BOND ISSUE, #AB86-366
Mr. Collins returned to the meeting at 9:15 p.m.
#0436 · M/S/C/(Dawkins/Colvin) to pass an ordinance #4075, second
reading, of the City of Bremerton, Washington, relating to
City parks and recreational facilities; providing for the
incurring of indebtedness, issuing of bonds and levying of
excess taxes for the purpose of paying the cost of ,the
development, construction, reconstruction and improvement of
existing City park and recreational facilities; declaring
the cost of such development, construction, reconstruction
and improvement as nearly as may be estimated; providing for
the borrowing of a total not to exceed $2,500,000, and
selling general obligation bonds to pay the cost thereof,
such bonds to be payable by annual property tax levies to be
made in excess of regular property tax levies; and providing
for the submission of the proposition of incurring such
indebtedness, issuing such bonds and levying such excess
taxes to the qualified voters of the City at a special
election to be held therein on November 4, 1986, in
conjunction with the State general election to be held on
the same date.
VOTE: In Favor: Overson, Dawkins, Crutcher, Waibel,
Collins, Colvin & Homing
Opposed; Long a Johnson
Motion Passed.
#0433
RESOLUTION #2133 '
EQRF TRUCK #1113 MANLIFT OVERHAUL MODEL SHV-36-PI, #AB86-367
INSTALLATION OF 0UTRIGGERS FOR MANLIFT TRUCK (#1113) #AB86-
361 (One Motion)
· M/S/C/U/(Long/Collins) to approve Resolution #2133, authori-
zing waiver of formal call for bids procedures for the
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September 17, 1986
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acquisition of the above equipment.
With no further business, meeting continued in Council
Conference room, open to the public, for Council business
and informal discussion. Action Taken to deny a request for
reimbursement from Mrs. Lonq for an advertisement placed in
the Bremerton Sun. Meeting adjourned at 9:27 p.m.
~L~,: SH/cjs /
cc: Normal Distribution
File/Vault
KATHLEEN L. MCCLUSKEY, ~y Clerk
Director of Administrative Services
President