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HomeMy WebLinkAbout12/03/86TAPE #405' 'UNAPtXlq~IRA. FF December 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, December 3, 1986, at 5:30 p.m. with Council President Spencer Horning presiding. Council Members present were Lon Overson, Morris Dawkins, Marry Crutcher, Hank Waibel, "Tiny" Collins, Mary Lou Long, A1 Colvin and Russ Johnson. Also present were Acting City Attorney Lorna Corrigan and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by President Hornins with Police Pastor Mike GrAmshaw of the First Church of the Nazarene giving the Invocation. #0131 CONSENT AGENDA Item #A - Minutes of November 25, 1986, #AB86-451, with an Amendment, (Pg. 4 of 8, #1587 was a statement by Mr. Collins, not a motion. Item #B - Change Order No. I to Contract C15 for Beach Pipe- line and Storm Sewer Outfall, #AB86-452. Mr. Ken MacKenzie noted that the work on Contract C-15 has been completed in all respects and the attached change order fixes the final quantities and prices for the units of work as well as the actual contract price of $244,549.50. Due to larger than anticipated quantities, the total cost reflects an addition sum of $35,461.50 to the original estimate for a 17~ overage. · M/S/C/U/(Overson/Dawkins) to approve the amendment to the Minutes of November 25, 1986 and Consent Agenda as presented. ORDINANCES (FIRST READING) ANKNDNENT OF ORDINANCE #3316 {LEGAL HOLIDAY ORDINANCE), WHICH ILMENDED ORDINANCE #1813, SECTION 6. #AB86-453 Mr. Dave Hiestand, Personnel Director, gave a brief overview of the necessity to amend Ordinance #3316 which designates annual holidays per contractural agreement. All the City's bargaining units have finally renegotiated the Articles addressing annual holidays to include, recognize and designate "Martin Luther King's" birthday as a legal holiday in January of each year and combining "Lincoln" and "Washington's" birthdays to be recognized An February of each year under "Presidents Day" holiday. Mr. Larry Greene, Representing NAACP, commended the persons responsible for initiating this action. Council member A1 Colvin noted that the Local International Association of Fireftghter's were the first to agree to this contractural change. #0333 · M/S/C/U/(Crutcher/Colvln) to approve an Ordinance, first reading, amending Section 6 of Ordinance No. 1813, as amended by Ordinances No. 2616, 2834, 2098 and 3316 relating to legal holidays for the City of Bremerton. RESOLUTION #2137 PROCLAIMING JANUARY 19, 1987, AS MARTIN LUTHER KING, JR. DAY, #AB86-454 Mayor Gene Lobe stated he was honored to designate, by Resolution #2137, Monday, January 19, 1987, as "Martin Luther King, Jr. Day". Mayor Lobe introduced the individuals who worked toward TAPE #405 ' City Counc.. Reg. Mtg. Minutes December 3, 1986 Page 2 of 7 seeing. that Hr. Ktna be properly recognized and the Hayor expressed his pleasure in belng part of the recognition. Present were Mr. Larry Greene, He. Alice Eaans, Rev. Hike Grimshaw, Fire Chief Leonard Harks, Ray. Taylor and Hr. Ed. Peatroe. Each was presented a copy of the Resolution. Greene was pleased that the employees and management responded as they did. Ms. Eqans concurred. Council Member Harry Crutcher stated that he believed the CIty of Bremerton is taking the Initiative in this State as being the first to officially recognize by Resolution Hr Kina's contribution to the Black community and society as a whole. #0389 · M/S/C/U/(Crutcher/Unantmous Council Second) to adopt Resolu- tion #2137, proclaiming January 19, 1987, as "Martin Luther King, Jr. Day". 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. #0403 · M/S/C/U/(Johnson/Colvln) on December 3, 1986, the Council does approve for payment those vouchers Included and further described as follows; Regular Warrants, #26719 - #26815 in the total amount of $250,700.30 and Gross Payroll Vouchers in the total amount of $284,552.72. PUBLIC RECOGNITION Mr. Georae Allan, disagreed with the position the downtown businessman have taken regarding the B & O Tax as a deterant to locating in downtown Bremerton. He stated there are other business districts that are alive and healthy such as Callow Avenue, Eastside on Wheaton Way and gradual development in West Bremerton. Mr. Allan also felt that Ms. Long was owed an apology when she requested that the Engineering department review the Park Avenue situation and requested she read Page 13, Section 27 - City Charter, regarding the Engineering department's responsibilities. Ms. Ruth Davis, Park Avenue, referenced RCW 35.33 which she felt makes the proposed Budget FY87 illegal. He. Davis also complained of a large puddle at Park & 7th Street which she requested be Investigated. COUNCIL MEMBER REPORTS Mr. Dawklns stated the "Ferry'Coalition" will be hosting the State Legislators this Friday, while they are in Olympia for a Seminar, to discuss the "Express Ferry" progress. Mr. Dawklns noted that the Ferry has broke down and this As part of the evaluation of the proposed system. He stated the old Ferry Terminal will be torn down tentatively in January. Also, in addition to construction of a new-temporary facility/terminal, there will be reconstruction of the landing ramp and needs and services will be discussed on Friday. Mr. Collins stated (1) the revised Planning/Public Works Committee met today with priority to establish work related to Planning and Public Works as it relates to City Council. He stated the committee had a lengthy agenda, but felt the objective of the committee would be cohesive policies with City Council and Public Works. (2) Stated the Council received a letter from Mr. Ed Rolman who has indicated that Actor Howard Duff, raised in Bremerton, may be receptive to visiting Bremerton during the Armed Forces Celebration. Mr.. Collins encourage Council's support and hoped that the City will work toward this event. TAPE #405 -- City Counc. Reg. Mtg. Minutes December 3, 1986 Page 3 of 7 Ms. Long spent most of the day at the Regional Puget Sound Governmental Councll. She stated items of lnterest were the Kltsap County Board of Health meetlng whlch lncluded adoptlon of the Budget and Kltsap Translt meetlng. The topic of the Transit meeting was the inter-change at Highway #304 (near the new Wastewater Treatment Plant). She said she and Mayor Lobe were present to represent the City. Mr. Colvtn reported attending Seattle City Counctl's meeting on Monday, December 1, 1986. He reminded members that Bremerton's new form of government was patterned after Seattle. He was taken on a tour of facilities at City Hall by Council members Norm Rice and Sam Smith. He felt, in comparison, Bremerton is doing a good job. Mr. Johnson, regarding the interchange at htghway'#304, thought that not being able to turn/eft, at the signal, should be addressed. He reported that the State, due to a gasoline tax overage, has $44,000,000 that the City can make application for consideration and he suggested the sychrontzation of traffic signals within the City would be one consideration. LEASE - BASENENT OF 5TH STREET LIBRARY - CONNUNITY BRIDGE CLUB, AB86-455 Ms. NcCluskeV noted that Leases are reviewed annually with proposed increase in Lease and Leasehold tax. During 1986, the Councll declded not to impose an lncrease for 1986. That amount remains the same in 1986 and CPI lncrease was not applled. Mr. Swan is requesting, once agaln, that the CPI lndex not be applled. Based upon the August lndex the new rate, if applled, would be $215.80 per month plus leasehold tax of $27.70 for a total amount of $243.50. The Lease is for the perlod of January 1, 1987, through December 31, 1987. Mr. Dawson Lona, Representative/Bridge Club, appeared before Council and stated (1) past 2-3 years the Insurance rates have become very expensive; (2) Had no maintenance in 8 years such as painting or replacement of lighting fixtures; (3) 96~ of those who use the Club are Senior citizens over 65 years of age, and (4) the Club has other expenses for supplies, etc. and cannot afford an increase. Ms. McCluskey stated it is, under the terms of the Lease, the Bridge C/ub's responsibility to .maintain with the City's responsibility only for structural repair and payment of Water & Sewer. #1193 · M/S/C/(Dawkins/Colvin) to approve the Lease with Mr. Swan - Community Bridge Club, at 1986 rates (no increase) for the period of January 1, 1987, through December 31, 1987. VOTE: In favor: Overson, Dawkins, Collins, Long & Colvtn Opposed: Johnson, Crutcher, Waibel &Horning Motion PASSED (5-4). 1986-88 BRENKRTON POLICE NANAGENENT ASSOCIATION CONTRACT, ~AB86-456 Mr. Dave Hiestand stated that contract between the City of Bremerton and Police Management culminates eleven months of negotiations. The contract is for 2~ years with a cost of living increase of 4~ - January 1987 and CPI reviews July 1987 and after. Highlights of the contract include (1) Police Managers "Exempt Administrative" as defined in FLSA; (2) Spouse & dependents - AWC Medical Trust B Plan; (3) The addition of "Martin Luther King" as an annual Holiday and combining Ltncoln's & Washtngton's Birthdays into "Prestdent's Day"; Establishment of a Police Academic Committee, and (5) an Academic Incentive Program with TAPE #405 City Counci ~g. Mtg. Minutes Decex~er 3, 1986 Page 4 of 7 tuition assistance for study of law enforcement courses leading to a degree. Mr. Hiestand felt it was a good compromise for both the City and Police Management. #1389 · M/S/C/U/(Walbel/Colllns) to approve the Labor Agreement bet- ween the City of Bremerton and Police Management Association. (on file/Clerk's office) PROPOSED JAIL CONTRACT BETWEEN KITSAP COUNTY AND CITY OF BREMKRTON, #AB86-447 Ms. Corriaan, Acting City Attorney, gave an overview of areas of concern, from first reading, and additions to the text of the proposed contract with Kitsap County for incarceration of prisoners which included; (1) Pg. #1, Section 1 - Detention/Incarceration; (2) Pg. 2, Sac. 2 - Other Crimes, (new section); Pg. 3, lO(c) per diem, and (4) Pg. 4, Sac. 11 - Reserve Space. Ms. Corrlaan felt that if the City could estimate the approximate number of people held early in the year, the City could reserve space. Ms. Joni Weber, Director of Internal Management/Kitsap County, stated the changes made are acceptable to the County. Mayor Lobe submitted the information regarding estimated transportation costs and medical and felt they were as close as could be. The $24,940.00 annually could possibly be done for less by the City. Ms. Ruth Davis was opposed to contracting out the jail and suggested a Bond Levy to keep a vital service in town. Mr. Johnson stated the estimated dollars to book and hold, $253,000 seems excessive. Mayor Lobe stated these are estimates only based on $30.00 per person, per day. Mr. Horninq said the City's philosophy, regarding holding individuals, may likely change if cost is prohibitive. Mr. Watbel asked for a clarification of Sec. iO(A) with Ms. Weber noting that costs will be billed based on the Bond proceeds. If the State is unable to furnish the total dollars needed for expansion, it will be limited. 138 beds is the projected space to be funded by the State but if changed to 130 or 120 beds, it could mean a change in per diem. Ms. Lone felt it enhances the Jail for the County but what would happen if the City, at a later date, decided to build it's own facility. Would they still pay? Ms. Weber stated if no prisoners are housed, there is no cost to the City however a contract is being signed to use the jail. Mr. Waibel defended the rate proposed as being fair and it is not unusual to see $120.00 per day for same service. Mr. Overson would support and he realized there is no charge if not used and felt it was equitable. Mr. Johnson also gave his support. #2139 · M/S/C/U/(Waibel/Colvin) to approve entering into a contract between the City of Bremerton and Kitsap County for Jail services. Mr. Overson commended those individuals for producing an adequate resolution that will meet the standards to the State Jail Commtsston's satisfaction. Recessed from 6:35 p.m. to 6:45 p.m. ORDINANCE #4087 - SECOND READING - ADOPTION OF 1985 UNIFORM CODES MANDATED BY THE STATE OF WASHINGTON AND AS AMENDED, #AB86-415 #2215 · M/S/C/U/(Crutcher/Overson) to pass Ordinance #4087, second reading, adopting the Washington State Building Code Act, RCW 19.27, providing for building and fire safety within the City limits of the City of Bremerton and repealing Ordinances #3427, 2815, 1417, 3755, 3582, 3548, 2824, 2428, TAPE #405 City Count Reg. Mtg. Minutes December 3, 1986 Page 5 of 7 2106, 2041, 1221, 1119, 3439, 3675, 3605, 3401, 3394, 3678, 3639, 3428, 2802, 2479, 3498, 3730, 3617, 3607, 3112, 2270, 2213, 2170, 2168, 2162, 3277, 2149 and 3966. ORDINANCE 14088, (2ND. READING) aMENDING ORDINANCE #4076, SECTION 1. LEVYING MUNICIPAL TAXES FOR THE YEAR 1987, lAB86- 448 #2337 · N/S/C/U/(Johnson/Colvtn) to pass Ordinance #4088, second reading, of the City of Bremerton amending Ordinance #4076, Section #1, levying Nunicipal taxes against all the taxable property within the City limits of Bremerton for the year 1986 and approving the assessment roll made by the Assessor of Kitsap County, therefore to be collected in the year 1987. ORDINANCE 14089, (2ND READING) ESTABLISHING A DEFKPa~KD COMPENSATION FUND, ~AB86-449 #2355 · N/S/C/U/(Long/Colvin) to approve an ordinance establishing the Deferred Compensation Fund in order to provide for proper accounting and financial presentation of the Deferred Compensation Plan of the City. HEARING - CHANGE IN LAND USE RESTRICTION TO ORDINANCE ~3682, SECTION 1, SUBSECTION 5 - AHLSTROM. 5000 KITSAP WAY - SEATTLE REALTY, #AB86-467 Mr. David Hanna, Planner, presented an overview of the proposed Change in Land Use Restriction by Mr. Steve Ahlstrom, Representing Seattle Realty. The Planning Commission by Resolution No. 807 recommended approval of the deletion of Section 1(5) to allow the construction of a fast food restaurant in the place of a bank or similar use. The Council must amend Ordinance No. 3682 in order for the fast food establishment to be allowed at the location proposed. All site plan amendments will be performed by the Planning Commission following deletion of the aforementioned section of Ordinance No. 3682. The issues discussed were traffic access and design onto Kitsap Way and internal development traffic circulation. Mr. Hanna noted that the applicant has volunteered to work with the City's Engineering department in developing ingress/egress off and on Kitsap Way at SR3 which was the original opposition of the Engineering department. The Commission. voted unanimously (8-0) to recommend approval by the City Council. Mr. Steve Ahlstrom, 13975 Inter-Urban Avenue South, Seattle, WA. was present before Council and stated the developer has tried for 3 years unsuccessfully to attract a Banking or Loan institution to invest in the development. He stated as far as the office market in the Bremerton area, many buildings are already vacant therefore this did not seem to be an alternative solution. He has been approached by the Diary Queen Corporation which is willing to commit to the development and this partnership will create 50 new jobs in the City. In addition, many Senior citizens and other neighboring residents have been supporting this type of operation being developed. Mr. Jim Strait, Presldent/Kltsap Neighborhood Assn., 6530 Hatlow Drive, stated his group met and totally supported the proposed development. He stated the members felt no opposition to ingress/egress off Kitsap Way and in checking statistics at the site said there has been only 3 accidents in three years, one being a DWI. Mr. Calvin Johnson, 1010 Brentwood Drive (area resident), said he lives 200' from the office complex at the development and notices little noise or disruption from activity. His family presently enjoys the Denny's Restaurant, already located at the subject site and would encourage a Diary Queen, also located within the complex. Mr. Bill Schourup, Owner/Developer, verified TAPE #405 City Coun,"' Rag. Mtg. Minutes December 3, 1986 Page 6 of 7 statements made by Nr. Ahlstrom and stated it has been difficult to encourage businesses such as banks or offices to relocate within the property but he is interested in completing the development and feels a Diary Queen would not only enhance the development but proposed patrons are supportive. Dr. Brooke Aker, 934 Shorewood Drive, Representing Y2 Residential owners, thanked the City for tt's adequate notification of the hearing. He felt the City has dealt with the development in a progressive manner and is keenly aware of the need for new business and in favor of creating Jobs. The only concern expressed by residents of Shorewood Drive is the sewer llnes, cltlng the break at the BayShore 3 years ago, and has this situation been resolved or wlll the addition of another restaurant impact adversely the sewer/water systems. Secondly, he complained that Denny's Restaurant has not been good about securing their garbage and requested that the City Investigate. Further a thorough investigation of the sewer llnes In the area be done before a decision is rendered. Mr. Watbel stated he would like to see the Landscaping installed, north edge, pursuant to Ordinance 3682, Pg. 3F(3) and noted two needed corrections to the Ordinance 3682; (1) Pg. 3F(3), Line 6, "eight" or (9'); (2) Pg. 3F(2), Line 5, end of sentence, the addendum of the word "as" to read...; said property shall be landscaped a__s...etc. Nr. Hanna did not feel the ordinance would need to be amended. Nr. Waibel spoke in favor of the application except he felt the wastewater problems must be addressed. Nr. Waibel stated the elimination of the traffic impact statement is eliminating a restriction which would allow, per Ordinance #3682, Pg 1, Sac 1(5) the installation of a Service Station. Nr. Hanna said the basic problem is the limitations for use of the property because of the size. Mr. Hanna stated that development must be consistent with uses in that Zoning district. Mr. Ahlstrom confirmed that the Diary Queen is committed, if a change in Land Use is approved. Mr. Collins added that he thought the issue of a service station, is not an issue because of limitations of bulk storage such as gasoline. Mr. Overson stated a site plan will need to be approved and Council should not make a decision because "there is too much traffic generated" which is self- defeating if the City truly is attempting to develop and encourage new business. Nr. Johnson concurred and would be happy to even see a service station in the area as there are none in the Kitsap Lake area. Nr. Collins also concurred. Nr. Overson also noted that the ordinance, Pg. 4, 11, addresses the issue of Engineering and Wastewater by requiring the developer to obtain approval therefore this is not an issue. TAPE 80406 Nr. Schourup stated the original development required him to have a pump statlon and manhole installed and the storm retention Is in. In addttlon he installed 3-faced Power to the site. Nr. Dawktns and Nr. Crutcher felt there were no complaints from residents, area businesses or City departments and would support. #0392 · N/S/C/g/(Overson/Collins) to approve a request for a Change in Land Use Restrictions to delete Section 1(5) from Ordinance No. 3682, subject to response to Mr. Waibel's concerns, and that the applicant return to the Planning Commission for site plan review and approval. With no further business, meeting adjourned at 7:30 p.m. TAPE #406 "- City Coune. Reg. Mtg. Minutes December 3, 1986 Page 7 of 7 ATHLEEN L. MCCLUSKEY, City Clerk : KLM:SH/cJs cc: Normal Distribution File/Vault