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#1315 Minutes
CITY COUNCIL MEETING MINUTES ~ ~~
January 4, 1984 ~ ~ ~
The regular meeting of the City Council of the City of Bremerton, Washington,
was held in the Council Chambers, 239 Fourth Street, Bremerton, Washington,
Wednesday, January 4, 1984 at 5:30 p.m. with Council President Art Anderson
presiding. Also present were Councilmen E. L. Sturdivant, Spencer Horning,
Clyde Pachek, Roy Mosely, Phil Drouin, Bill Amo, Jim Adrian and Russell
Johnson, Mayor Morrie Dawkins, City Attorney Bill Broughton and City Clerk
Kathleen L. McCluskey.
The meeting opened with the Pledge of Allegiance and the invocation was given
by Jim Adrian. Mr. Anderson stated item 9B was pulled from the agenda.
CONSENT AGENDA
A. Minutes of December 28, 1983. AB84-1
B. Bid award for lightbar systems to Territorial Supplies as to specifications,
in the amount of $19,224.96 plus tax. AB84-2
C. Bid award for public defender services for Municipal Court to Mr. Ronald D.
Ness for the year ending December 31, 1984, as to qualifications and fee
schedule. AB84-3
Motion by J. Adrian and S. Horning to approve the consent agenda items A, B,
and C. Mr. Sturdivant noted that the bid from Mr. Ness is the second lowest
bid, and discussed committee evaulation of all candidates and recommendation.
Mr. Sturdivant felt Council should approve the committee recommendation.
Question called, carried as follows: 7 affirmative, 1 opposed (Anderson),
1 abstention (Drouin).
WARRANT REGISTER AB84-4
#1450 Warrants audited and certified by Darlene Herrmann as required by RCW 42.24.090,
have been recorded on a listing which has been made available to the Council.
Motion by P. Drouin and C. Pachek as of this date the Council does approve for
payment warrant 14706 to CH2M Hill in amount of $412,938.91 on the Wastewater
Facility Construction Project, carried unanimously.
Motion by R. Johnson and B. Amo as of this date the Council does approve for
payment warrants 14639 through 14705 inclusive and warrants 14707 through
14794 inclusive in amount of $87,348.87, and special warrants 14633 and 14634
in amount of $21,507.92, carried unanimously.
MAYOR'S REPORT
#1557 Mayor's proclamation proclaiming January 1984 as March of Dimes Month was read
and presented to Barbara Lawrence, Executive Director of the March of Dimes.
Ms Lawrence discussed numerous functions of the March of Dimes and stated the
week of January 14, 1984 is Healthy Baby Week.
The Mayor read a letter from Court Prisk, Director of Field Services commending
Water Department staff for efforts, which included holidayhours, in answering
all calls pertaining to frozen and broken water pipes. The Mayor read a letter
from the Manette Neighborhood Association thanking various city departments
for their work on the mini park on the Manette Peninsula.
In answer to inquires, the Mayor indicated he will attempt to have statua re-
ports next week on, State Street gate parking, street light timing system,
sidewalk on Adele Street and Kiwanis Field. Mayor Dawkins discussed an inquiry
from the Federal Historical Society regarding placing an elevator in a histor-
ical building. The Mayor is working on providing documentation to the effect
that city hall is not a historical building. He expects the elevator to be
installed by the first week of June.
PUBLIC RECOGNITION
#1905 Bert Ge~ner, 934 Washington Ave., discussed degeneration of the waterfront in
Sinclair Inlet off N. Washington Street, and suggested enforcement of a speed
limit for boats. The Mayor discussed contacting officials in Washington D.C.
for availability of federal funds, and suggested contacting the Coast Guard.
Mr. Anderson also suggested contacting the yachting club officials. Mr. Gegner
discussed the Bremerton ferry run, and suggested a study on a bridge from
Illahee to Bainbridge Island. Mr. Anderson suggested Mr. Gegner direct this
to the state legislature,
Jean Jackson, Chairperson, Mayor's Committee on Disabled, discussed calls pertaining
to the hike in swimming pool fees for senior citizens and disabled, and feels
these groups are being discriminated against. Ms Jackson discussed availability
of handicap stickers for vans that provide service for the disabled. Ms
Jackson requested Council meetings be held at a location accessible to the
handicap until the elevator is installed in City Hall. Mr. Amo suggested Council
direct the Mayor to locate a suitable place and make a recommendation.
City Council Meeting Minutes
January 4, 1984
Page Two
ATTORNEY'S REPORT
#2305 Mr. Broughton discussed Superior Court decision on Gold Mountain Golf Course.
The city was awarded possession of the facility to take effect March 1, 1984.
There will be a study session with Council on Monday, January 9, 1984 at 5:30
p.m. to discuss further operation of the facility. Mr. Broughton discussed the
length of time his staff spent in' court and the hardship this placed on his
o~fice. Now that the attorney's office is back to full staff, they will be
bringing various ordinances and agreements before Council.
ORDINANCE, 1st Reading - TRANSMISSION MAIN REPLACEMENT ON NAVY YARD HIGHWAY
IN CONJUNCTION WITH SEWER PROJECT AB83-581
#2429 Motion by C. Pachek and P. Drouin to approve on first reading AN ORDINANCE of
the City of Bremerton, WA relating to the combined water and sewerage system
of the City; specifying and adopting a system or plan of additions and better-
ments to and extensions of the combined water and sewerage system of the City;
declaring the estimated cost thereof; authorizing the issuance of $5,000,000
par value of water and sewer revenue bonds for the purpose of providing a part
of the funds with which to pay the cost of carrying out such system or plan;
providing for the issuance of one or more bond anticipation notes pending the
issuance of such bonds; creating a water and sewer revenue bond ancitipcation
note fund; and providing for the negotiated sale of such notes to Peoples
National Bank of Seattle, Washington. Leo Olney, City Treasurer, discussed
the passage of the ordinance for issuance of $5 million of water revenue bonds
for the complete main replacement and authorizing the interim financing of the
portion of the project by issuance of up to $1 million of bond anticipation
notes. Mr. Olney explained the bond authorization is needed to obtain the
interim financing. The intent is to carry the notes for three years and pay
them off with current revenue. At the end of the three years a decision will
be made as to how much bonding will be needed to complete the main replacement.
Mr. 01ney is working with our bond council and the bank to arrange this
package. It appears the interest rate will be in the area of 7% annum.
Additionally, these notes will be one year notes and have to be reauthorized
and issued annually. This allows for a lower interest rate and allows the
notes to be bought down annually. Question called, carried unanimously.
RESOLUTION 2006 - INCREASE BENEFITS OF RETIRED EMPLOYEES AB84-6
#2798 Ms McCluskey discussed the old employees retirement system, which was estab-
lished for this purpose. There are 5 individuals remaining on this system
with very low pensions. The City Treasurer and City Clerk have determined
that this fund can accommodate a 15% increase effective January 1, 1984.
This fund cannot be used for any other purpose.
Motion by R. Mosely and C. Pachek to adopt A RESOLUTION to increase the
benefits of retired employees as authorized by Ordinance No. 3411, carried
unanimously.
DISCUSSION - ORDINANCE 3690 - ISSUANCE OF BAD CHECKS AB84-7
#3005 Harry Penor, owner of HP Towing, discussed problems with Ordinance 3690 as
pertainining to issuance of bad checks. Mr. Penor discussed unsatisfactory
efforts to collect fees and being in violation of the ordinance if he refuses
to accept checks for payment. Mr. Penor discussed recent court action where
the judge dismissed the case, saying this is a civil action, not criminal. Mr.
Penor discussed policy of the police department to issue release of a vehicle
only on payment, but towing companies do not have this right. Mr. Penor
asked the City fathers' help in enforcing the ordinance or having the ordi-
nance rewritten. Mr. Penor discussed the 1984 WAC rule regarding non-acceptance
of payment by check. B. Broughton discussed Ordinance 3690 as adopted
pursuant to state law. Mr. Broughton explained the reason for the rule that
towing companies cannot refuse to accept payment by check, is if the vehicle
Tape owner attempts to retrieve his impounded vehicle after bank hours, a check
102 can be written. Mr. Broughton agreed with the judge that this is not a
criminal action, and discussed taking these cases to small claims court.
Mr. Penor discussed lack of enforcing small claims court decisions. Mr.
Adrian agreed with Mr. Penor and expressed opinion that small claims court
does not work. Mr. Anderson agreed the ordinance should be looked into.
Recess 6:30 until 6:45 p.m.
City Council Meeting Minutes
January 4, 1984
Page Three
HEARING ~ SHORELINE MANAGEMENT CONDITIONAL USE PERMIT/BAIR AB84~5
#0346 This hearing is for an application to construct a bulkhead',' ~n~~ ~nd floating
dock on Kitsap Lake. The hearing has been posted and advertised as required
by law. In response to Mr. Anderson's standard conflict of interest question,
there were no objections and all Council members remained in attendance for
the hearing.
Carol Saari, Planning Department, summarized the proposed project for a 4 ft.
high concrete bulkhead, floating concrete styrofoam dock and wooden ramp for
private non-commerical pleasure craft, to be constructed on Kitsap Lake.
The ramp will be approximately 15 ft. in length with L shaped dock, approxi~
mately 4~ ft. wide. Dock and ramp will total 47 feet. Ms Saari discussed
construction of the bulkhead to run the length of the property. Such bulk-
head will alter the natural shoreline, which will require approximately 150 -
200 cb. yds. of landfill above the ordinary high water mark. The landfill will
be located along the north portion of the dock/ramp only. The area south of
the dock/ramp will be left natural with no access to the lake.
Ms Saari discussed other ramps, docks and bulkheads in the immediate area for
comparison purposes, and background information. Ms Saari discussed an
environmental checklist, regulations as pertaining to the Bremerton Shoreline
Plan and the Bremerton Area Plan. In discussing state, city and advisory
group comments, Ms Saari noted the Engineering Department stipulates the
developer is responsible to locate the sewer main in the lake and maintain a
reference to that location. The city has marked the sewer lateral serving
the property. The developer shall be responsible to maintain these markers,
or in the event they are distrubed, to locate the line at his expense.
Planning Department notes other agencies to he contacted are Department of
Natural Resources, U. S. Army Corps of Engineers and State Department of Game
and Fisheries. Kitsap Lake Neighborhood Association has no objections to the
application provided the bulkhead does not encroach on the lake, and the pro-
ject is not constructed during the winter rainy season, to avoid further
siltation in the lake. Recommendation for construction to be limited to period
between May and September. Ms Saari noted construction is to begin within 2 yrs.
and be completed in 5 yrs. Ms Saari discussed Planning Commission recommendations.
In addressing the conditions, Chuck Bair, the applicant, stated he has no
significant problems with the conditions, and is willing to comply with all
requirements. Mr. Amo expressed concern with building a ramp and dock prior
to building a residence, and felt this might he an attractive nusiance for
small children. Mr. Bair discussed cooperative use of the dock until the
residence is built. Mr. Bair discussed his main objective to build the bulk-
head at this time, and felt'this will not be a hazard as the property lies at
the end of a dirt road. Discussion followed regarding the dock being a danger
to small children and suggestion was made'to ~nclude condition to install a
locked gate. Discussion followed regarding restricting construction between
months of May and September. It was felt that May may be a rainy period and
October a dry period.
Motion by R. Mosely and Po Drouin to approve Planning Commission recommendations
as shown on attached Exhibit "A". Mr. Amo discussed including a provision that
if the ramp and dock are constructed prior to the property being occupied, a
protective fence and locked gate be installed.
Amended Motion by B. Amo and E. Sturdivant to include additional provision #16
as follows: "If the dock is constructed before adjoining residence is constructed
and occupied ramp to the dock shall not be installed or a locked gate restricting
entry to the dock shall be installed."
Question called on the motion as amended, carried as follows: 7 affirmative,
1 opposed (Johnson), 1 abstention (Anderson).
Question called on the main motion, carried unanimously.
ACCEPTANCE OF CONTRACT #2390/RE-ROOF GORST PUMP STATION AB84-9
#2119 Motion by P. Drouin and R. Mosely to accept Contract 2390 for re-roofing of
Gorst Creek Pump Station as complete, carried unanimously.
ACCEPTANCE OF CONTRACT #2381/RE-ROOF CAPITAL HILL FIRE STATION AB84-10
#2137 Motion by P. Drouin and R. Mosely to accept Contract 2381 for re-roofing of
capital Hill Fire Station as complete, ~arried unanimously.
EASEMENT REQUEST - GORDON HANSON AB84-11
#2153 Allan Kane, City Engineer, discussed the problem Mr. Hanson has with drainage.
His nearest neighbor has refused an easement across his property, as a result
Mr. Hanson is requesting an easement from the city.
Mot£om by E. Sturdivant and C. Pachek to grant the easement and direct the
Attorney's office to draft an easement agreement, carried unanimously.
City Council Meeting Minutes
January 4, 1984
Page Four
ANNUAL RATE ADJUSTMENT/BREM-AIR CONTRACT AB83-683
#2360 Mr. Anderson discussed his opposition to the contract in general, and ex-
pressed objections to a garbage company receiving a CPI increase. Mr.
Anderson discussed Ordinance 1905, and felt changing and updating the
ordinance will benefit the residents.
Mr. Gegner stated he agrees with Mr. Anderson and expressed objection to
the last bill showing new increased rate. Mr. Gegner questioned the need
for Council approval. Mr. Broughton discussed this as an automatic increase
in CPI. Mr. Johnson discussed the letter from Bureau of Labor Statistics
Mr. Olney discussed meeting with Mr. Lindgren and his accountant. Mr. Amo
requested an executive session. Council adjourned to executive session at
7:51 p.m. Council returned to regular meeting at 8:05 p.m. Mr. Anderson
stated no action is required.
LEASE RENEWAL REQUEST/COMMUNITY DUPLICATE BRIDGE AB84-12
#2697 Mr. Swan, the lessee, has requested a one year extension. Based upon the
October CPI, this lease would be raised from $198.15 to $203.88 per month
plus leasehold tax of $26.18, totaling $230.06.
Motion by C. Pachek and J. Adrian to grant a one year lease renewal. Mr.
Amo questioned adequate coverage for the amount charged. Ms McCluskey stated
the amount charged more than covers utilities. She discussed improvements
which the Bridge Club has made. Mr. Amo discussed the need for a senior
center for everyone. Mayor Dawkins discussed the drop in senior center in
the Soriano building. Question called, carried unanimously.
AGREEMENT TO HOUSE PORT ORCHARD PRISONERS IN CITY JAIL AB84-13
#2950 Motion by R. Mosely and E. Sturdivant to approve the agreement between the
City of Bremerton and City of Port Orchard to house Port Orchard prisioners
in Bremerton city jail sentenced for misdemeanor offenses. Mr. Johnson
questioned method for determining extra ordinary medical expenses. Mr.
Broughton discussed the jail program for handling ordinary medical needs.
Mayor Dawkins discussed coverage of extra ordinary medical needs through
the Health Department. Mr. Johnson discussed concern with $25 per day per
prisoner. Mayor Dawkins stated the cost to house a prisoner is $12 per day.
Question called, carried as follows: 8 affirmative, i abstention (Johnson).
AGREEMENT WITH MARINE DRIVE WATER DISTRICT FOR STREET LIGHTS AB84-14
#3145 Mr. Olney discussed billing services the city provides to various districts
for water and street lights. Mr. Olney stated the city will be serving as
Tape an in between agent. Mr. Olney felt the annual cost of $1.50 per account
103 will adequately cover the cost of billing.
Motion by P. Drouin and S. Horning to approve the agreement between the City
and Marine Drive Water District for street light billing, carried as follows:
8 affirmative, i opposed (Amo).
ALL DAY PARKING RATE FOR PARKING GARAGE AB84-15
#0121 There was discussion regarding if Craven Center lots are included or if this
is for the parking garage only. Mr. Olney stated the intent was not to
include Craven Center. Mr. Olney discussed parking garage being taken up by
ali day parkers. The intent is to make room for short term parkers. Mayor
Dawk~ns stated if Council wishes to include Craven Center in short term
parking, meters should be installed,' Mr. Pachek left the meeting at this time.
Motion by J. Adrian and R. Johnson to approv the rate structure change for
all city off street parking for Ampco Auto Parks, carried unanimously.
will raise from $2 to $3 per day. Mr., Pach~k returned to the meeting..
COUNCIL REPORTS
#0420 B. Amo reported that the Planning Committee will be meeting on Mondays at
4:45 until 5:45 p.m. in the Council offices.
P. Drouin stated the Wastewater Facility Committee will meet Thursday,
January 5, 1984 at 9:30 a.m. Mr. Drouin discussed progress on the CoUnty/
City Boundry Agreement. The map ready to present to the committee on
January 19
R. Mosely stated Public Safety Committee will meet following the Wastewater
Facility Committee meeting.
SPECIAL REPORTS
Mayor Dawkins discussed upcoming problems with PSNS parking being eliminated,
and discussed possibility of an emergency meeting.
City Council Meeting Minutes
January 4, 1984
Page Five
SPECIAL REPORTS CONTD
K. McCluskey discussed setting land use hearings at a later time on the
agenda, and suggested 7:00 or 7:30 p.m. Mr. Sturdivant stated he would
encourage a time of 7:30 p.m.
Meeting adjourned at 8:40 p.m.
KATHLEEN L. McCLUSKEY, City Clerk
APPROVED:
ART ANDERSON, Council President
EXttIB IT "A"
General Conditions:
1. This SHORELINE MANAGEMENT MASTER PROGPJ1M PERMIT is subject to the various
requirements contained in the Bre~erton Shoreline Master Program, the Brem6rton
Area Plan, the Bremerton Zoning Ordinance, the Uniform Building Code and other
applicable laws and regulations, tt is the responsibility of the developer to
assure compliance with the applicable provisions contained therein.
£. The site shall be developed essentially the same as the site plan labeled
Exhibit "A'' except as modified to meet conditions of approval listed herein.
Any changes, revisions or additions which constitute a significant departure
from the approved site plan shall require approval by the City Council, under
the requirement of WAC 173-14.
3. The developer is responsible to locate the sewer main and maintain a reference
to that 'location. This will be done prior to any work in conjunction with the
bulkhead or float system and will be done to the satisfaction of the City
Engineer.
4. The City has marked the location of the sewer lateral serving the subject
property. The developer shall be responsible to either maintain these markers
or in the event the markers are disturbed to cause, at his cost, any further
efforts required to locate the line.
5. All phases of project development which may effect erosiop and/or sedimentation
shall be conducted only during the months of May through September.
6. The developer shall make adequate provisions for temporary erosion and
sedimentation control prior to and during rainy periods encountered during
construction.
Prior to Issuance of the Buildinq Permit:
7. The developer shall submit to the City Engineer, for review and approval, plans
for erosion and sedimentation control during all phases of project development
(i.e. grading, landfill, construction of bulkhead and dock). The developer
shall also submit plans to the City Engineer for method of erosion control after
completion of the project (i.e. reseeding of the area, landscaping).
8. The developer shall contact the U.S. Army Corps of Engineers (Permit Section
(206) 754-34957 for design and con'struction requirements of the proposed dock
and bulkhead which .will alter the shoreline; appropriate Corps of Engineers
permits shall be obtained.
9. The developer shall contact the State Department of Game (Area Field Inspector
(206) 357-4120 or (206) 753-3318~ to determine if a hydrolic project permit is
required; if so, such permit shall be obtained.
lO. The developer shall contact the State Department of Natural Resources (South
Puget Sound Area Office ]-(800)-562-6010~ for any necessary leases of State
waters abutting the subject property; if applicable, such lease shall be obtained.
*These numbers are orovided only ~or the convenience of the developer and are
SUDjeCC to change; in any case, the developer must contact these government
agencies.
page ~2~
ll. The developer shall obtain necessary grading and landfill permits from
the City Engineer.
12~ The developer shall submit to the Building Department plans for the bulkhead
(engineered footing and wall) prepared by a registered professional engineer.
Prior to Issuance of the OccupancS Permit:
13. The developer shall show proof that all applicable permits have been obtained
from the Army Corps of Engineers, the State Department of Natural Resources,
and State Department of Game. A copy of the permit or letter of exemption
shall be submitted to the Planning Department.
14. The devei~oer shall comply with all of the conditions of this permit.
Other Requirements:
15. Construction under this permit shall begin within two years and be completed
within ~ /ears of the date of this permit.
16. If the dock is constructed before the adjoining residence is constructed and
occupied, ramp to the dock shall not be installed or a locked gate restricting
entry to the dock shall be install~d~