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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 TAPE #381 ._ City Council I . Mtg. Minutes September 17, 1986 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 TAPE #381 -~ City Council 1{ Mtg. Minutes Septenter 17, 1986 Page 3 of 8 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 TAPE #381 City Council Reg. Mtg. Minutes 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 TAPE #382 ' 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, TAPE #382 -- 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. TAPE #383 -- 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 TAPR #383 City Counci_ ~g. Mtg. Minutes September 17, 1986 Pa~e 8 fo 8 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