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#057~ Minutes
CITY COUNCIL MEETING MINUTES ~'i:7f~%'
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, April 25, 1984 at 5:35 p.m. with Council President Art Anderson
presiding. Also present were Councilmen E. L. Sturdivant, Spencer Horning,
Clyde Pachek, Roy biosely, Phil Drouin, Bill Amo, Jim Adrian and Russell
Johnson, Mayor Morrie Dawkins, City Attorney Bill Broughton and City Clerk
Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance and the invocation was given
by E. L. Sturdivant.
CONSENT AGENDA
A. Minutes of April 18, 1984. AB84-196
Page three last paragraph should be amended to read: "Discussion followed re-
garding alleged illegal commercial parking lots: and other enterprises in the
area and enforcement capabilities. Mr. Gero indicated the city may provide a
Land Use Compliance Officer .... ".
Motion by P. Drouin and E. Sturdivant to approve the minutes of April 18, 1984
as amended, carried unanimously.
INFORMATIONAL ITEMS AB84-197
Hr. Pete Flynn, Bremerton Area Chamber of Commerce, discussed activities of
the Sportstacular Festival scheduled for three weekends in June, with proceeds
going to Capri, American Red Cross and Special Olympics. He stated the Chamber
will be submitting request for use of specific streets when the route is
determined.
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Mayor Dawkins presented his proclamation proclaiming May 1 through 7, 1984
as Cake Decorating Week to Betty Smith of Cake Crafters of Kitsap County.
Cake Crafters presented three decorated cakes to Council and city staff.
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WAiRP~NT REGISTER AB84-198
Warrants 2231 through 2235 inclusive in amount of $11,120.26 and warrants
2240 through 2540 inclusive in amount of $3,379,630.46 audited and certified
by Darlene Herrmann as required by RCW 42.24.090 have been recorded on list-
ings which have been available to Council.
Motion by P. Drouin and R. Mosely to approve payment of warrants for the Waste-
water Facilities Construction in amount of $2,603.762.67, carried unanimously.
Motion by P. Drouin and S. Horning to approve payment of the remaining warrants
in amount of $786,988.05, carried unanimously.
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MAYOR'S REPORT
Mayor Dawkins read memos from Bill Duffy, Water supt., regarding 24" trans'nis-
sion main installation in the Charleston Beach Road area, and flushing opera-
tions to remove sediment built up over the winter months.
Mayor Dawkins extended apologizes from the city and Street Dept. for cutting
the trees on Veneta Ave., and stated the city will plant new trees. The Mayor
stated there will be no further trimming or cutting of trees without his
authority and until a tree trimming program is established. Mayor Dawkins and
Court Prisk, Field Services Mgr., discussed work to begin April 30th on chang-
ing parking meters due to reduction in rates. Mr. Prisk discussed various ways
the merchants will "spruce up" the downtown area, including window displays,
seasonal banners displayed from light standards, and cleaning exteriors of
buildings. There are many more possibilities. Mr. Prisk stated all parking
meters with the exception of long term and red meters will be for two hours
when the change has been completed.
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PUBLIC RECOGNITION
Paul Stout, 1710 Anderson St., discussed a recent incident of a vicious dog
running loose and slow response time due to delay in Cencom notifying Animal
Control. Mr, Stout objected to the "two bite" clause in the ordinance. and
urged Council to investigate statutes dealing with quarantines to determine if
a dog is safe or dangerous. In response to an inquiry, Nancy McCord, Animal
Control Officer, discussed the "two bite" clause and attempts to have this
changed. Mr. Adrian suggested the Council Public Safety Committee should
address this issue.
City Council Meet~mg Minutes
April 25, 1984
Page Two
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ATTOKNEY'S REPORT
Mr. Broughton discussed combined request of the Mayor and Council President for
the City Attorney's office to investigate allegations that have been made. Mr.
Broughton discussed the code of professional responsibility, and felt this in-
vestigation should be handled by a special attorney, and requested an executive
session.
riotion by J. Adrian and B. Amo to recess to executive session, carried
unanimously. Meeting recessed at 6:00 until 6:30 for executive session.
Mr. Broug~ton indicated he will have a written opinion on Thursday regarding
status of the Acting Fire Chief. Mr. Broughton discussed recent legislative
passage regarding cities regulating taxicabs, and suggested this issue be re-
viewed by Council committee, Mr. Broughton discussed redistricting and other
possible charter amendments~ and stated the city has one year or less to com-
plete the redistricting, Mr. Anderson appointed Mr. Amo as Chairman of the
committee on redistricting and other charter amendments.
Mr. Broughton discussed meetings of the Audit Committee and receipt of ex-
cellent resume's, and indicated the committee js continuing to move toward
hiring an internal auditor.
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ORDINANCE 1st Reading - B & O TAX AB84-179
Leo Olney, City Treasurer, recognized Janie Coberly, Business License Inspec-
tor and Loran Corigan, Asst, City Attorney, for the many hours spent to re-
write and update many sections in the B&O Ordinance.
Ms Coberly, presented a prepared outline of the ordinance to Council members,
and discussed changes by sections. In response to inquires, Ms Coberly stated
rentals are not taxable for B&O, and discussed the city working in conjunction
with the County Health Department concerning health problems. Mr. Broughton
indicated the ordinance states recommendation of the Health Department is
needed to revoke a Business & Occupation License. Mr. Adrian commended Ms
Coberly on the outline and stated he is hopeful this will set a precedent.
Mr. Broughton re-emphasized the efforts of Ms Coberly and Ms Corigan.
Motion by R. Johnson and C. Pachek to approve on first re~ding "AN ORDINANCE
establishing a new Business Licen'se Fee and Occupation Tax and repealing Ord.
841, BB 1 and 2, 2525, B4, 2384, ~1, 3625 ~20, 1917, 2002, 2121, 2136, 2385,
2901, 3001, 3172, 3173, 3482, 3483, 3484, 3509, 3592, 3681, 3885, and 3886,
and all prior ordinances.", carried unanimously.
Recess 6:55 until 7:10 p.m.
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Tape
128
ORDINANCE 1st Reading - ALARMS AB84-199
Actin~ Capt. Hatfield, BPD, discussed regulations of privately owned burglary/
robbery alarms, offenses in connection therewith, and fees and penalties. Mr.
Hatfield discussed officers response time for false alarms, and fee structure
for more than two false alarms within a six month period. The ordinance calls
for fees collected to be placed in the Crime Prevention Fund, for use in
educating alarm owners on false alarm prevention. A. Anderson and R. Mosely dis-
cussed private resident alarms and questioned if this ordinance will apply if a
private residence alarm is activated more than two times within six months.
Discussion continued regarding fees collected being placed in Crime Prevention
Fund, Several Council Members felt collected fees should be placed in the Gen-
eral Fund as the Police Department is funded from the General Fund.
Motion by J. Adrian and E. Sturdivant to approve on first reading "A~N ORDINANCE
relating to the regulation of privately owned burglary and/or robbery alarms,
describing offenses in connection therewith, and prescribing fees and penalties,
and repealing Ord. 3159 and Ord. 3177, pertaining to the regulation of privately
o~ed burglar alarms."
Motion by R. Johnson and E. Sturdivant that fees resulting from false alarms
and determined to be preventable shall be deposited in the General Fund.
Question called on the amendment, carried unanimously.
Question called on the motion as amended, carried as follows: 7 affirmative, 2
opposed (Anderson, Mosely).
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"C~unc~] Meeti~_~ >[inures
A~. 25, 1984
Page %hree
HEARING - REZONE B-1 (Ord. 3543) to B-2/JEWELL AB84-129
All Council members remained in attendance in response to Mr. Anderson's
standard conflict of interest question. Carol Saari, Planning Department,
discussed the request for rezone from B1, Ord. 3543 to B2. Ms Saari summar-
ized the application for .69 acres located at 6800 Kitsap Way and background
informaton. The property abuts residential county property to the north.
Ord. 3543, adopted in 1979 and revised in 1983, outlines special requirements
for development which address such concerns as traffic congestion and 25 ft.
greenbelt. Ms Saari discussed SEPA environmental concerns of light and glare,
noise and unsightliness, zoning ordinance requirements, Bremerton Area Plan
applicable policies and Kitsap Lake Neighborhood Plan goals and policies for
commarcial development. Ms Saari discussed the conclusions as contained in
Planning Commission Res. 711. Planning Commission voted unanimously to re-
commend approval of rezone from B-1 to B-2. Mr. Johnson addressed the issue
of approval of site plan as contained in Ord. 3543. Mr. Gero discussed re-
quirements of Ord. 3543 if the site is developed under B1, a site plan would
be required. Mr. Gero emphasized the applicant at this time is seekimg a rezone.
Mr. Adrian inquired if site plan can be a requirement for B-27 Mr. Gero dis-
cussed B3 of Ord. 3543 regarding reviewing of site plan for new development
as pertains to reduction of traffic congestion. There was discussion regarding
structuring of site plans to meet SEPA and community requirements.
David Jewell, proponent, explained he is seeking a fezone to B-2 to enable
this site to be used for more than a small neighborhood business. Mr. Jewell
indicated the B-1 zone is inconsistent with B-2 and B-3 zones in the area. Mr
Jewell discussed the private road which is an easement for maintenance for the
city sewer pipe that runs along the north property line and cannot be utilized,
and requested a modification of the greenbelt requirements to 10 ft.
Jim Strait, opppnent, expressed objections to the rezone to B-2. He discussed
his concerns with increased traffic B-2 uses would generate. Mr. Strait dis-
cussed current problems with south bound traffic from Northlake Way and Chico
Way merging with Kitsap Way and felt a rezone to B-2 at this site would com-
pound existing traffic problems. There was discussion regarding development
of the residential site to the north and the easement being considered a
portion of the side yard setback. Mr. Gero indicated a developer cannot
transfer obligations to another owner. Discussion followed regarding restrictions
to protect the neighborhood. Mr. Broughton discussed the need to look at all
uses allowed in a B-2 zone, however, Council can control the types of impact
covered in SEPA, such as visual and noise, glare and light, oil and gas con-
taminate controls. Mr. Gero indicated that if a certificate of occupancy is
issued and then a change is requested, there is a review prior to approval of
the change. Mr. Broughton indicated a binding site plan can be required to
control traffic.
Motion by B. Amo and R. Johnson to approve the rezone to B-2 s~bject to the
developer submitting a binding site plan prior to development with the following
conditions: 1) 25 ft. greenbelt retained to protect residents from visual and
noise, 2) oil and gas contaminates control, 3) traffic volume and traffic conges-
tion impact addressed, 4) noise impact and 5) glare and light impact carried
unanimously. '
Recess 8:35 until 8:40 p.m.
HEARING - REZONE R-1 to B-i/KNIGHT AB84-220
In response to Mr. Anderson's standard conflict of interest question, Mr. Drouin
excused himself from this public hearing. Bob Duffy, Planning Department,
briefly highlighted the application for rezone from R-1 to B-1. The site is
located at 142 Rainier Ave. The Planning Commission recommended denial by a
vote of 3 - i. Mr. Duffy discussed uses allowed in B-1 zones. Access to the
site would be from Rainier and the alley. In reviewing the conclusions, Mr.
Duffy noted the proposed rezone would be generally consistent with Bremerton
Area Plan policies which call for promotions of commercial activities, however,
the proposed fezone would be generally inconsistent with Bremerton Area Plan
policies which call for promotion and maintenance of residential neighborhood
character. The business uses which could be established at this site could change
the predominantly residential character of the area. Rainier Ave. is an estab-
lished residential neighborhood. If the rezone iS approved, a precedent for
expansion of business uses could be established. The creation of a business zone
could eliminate one or two housing units from Bremerton's housing stock if the
site is redeveloped for business use.
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129
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City Council Meeting Minutes
April 25, 1984
Page Four
HEARING - REZONE R-i to B-i/KNIGHT CONTD
Ms McCluskey read a letter from Carl and Helen Welton in opposition to the re-
zone. Ms McC]uskey read lettem from Walter Coppinger, Thomas E. Holt, Diane
Hamilton and Ralph Hamilton in favor of the rezone.
Vicki Knight, proponent, discussed her current business at the corner of
Rainier and Burwell which has grown, and expressed a desire to expand the bus-
iness. The property adjacent to her business has deteiorated and caused the
value of her property to decrease. Ms Knight stated her intent is to improve
the neighborhood. Ms Knight submitted a drawing showing a drive through from
Rainier to the alley with angle parking, and photos of her current business
before and after remodeling.
Mrs. Gledhill, 138B Rainier, and the resident of 132 Rainier spoke in opposi-
tion to the fezone. Both individuals urged Council to deny the rezone request.
Discussion followed regarding impacting the density of the neighborhood. It
was felt this rezone would not be in keeping with the neighborhood and would
be inappropriate.
Motion by J. Adrian and B. Amo to deny the request for rezone to B-i, carried
unanimously. Mr. Drouin returned to the meeting at this time.
AMENDMENT #4 to Ctt2M HILL CONTP~\CT AB84-209
Motion by P. Drouin and R. Mosely to approve amendment #4 to the CII2M Hill
Contract, carried unanimously.
CHiYGE ORDER/WASTEWATER FACILITY CONSTRUCTION PROJECT AB84-213 thru AB84-218
Dave Baker, Project Mgr., summarized change orders to various contracts.
Motion by R. Mosely and C. Pachek to approve the following change orders:
#6 and ~7 to C-4, #5 to C-5, #1 to C-iO and #1 and #2 to C-11, carried
unanimously.
ORDINANCE 1st Reading - LOW INCOME UTILITY CREDIT AB84-200
Mr. Olney discussed Council's request to unify requirements for water and waste-
water low income subsidy programs. This ordinance modifies the requirements
for the water program to match the wastewater program.
Motion by C. Pachek and R. Mosely to approve on first reading "AN ORDINANCE
amending Ord. 3834 which establishes a sewer utility rate credit for low in-
come persons to include a water utility rate credit.", carried unanimously.
ORDINANCE 1st Reading - BUILDING OFFICIAL AB84-201
Dave Hiestand, Personnel Director, discussed changes included in this amending
ordinance. Title is changed from Building Inspector to Building Official, with
appointment by the Mayor a.m~ confirmation by City Council, deletion of the
residency requirement, and addition of the individual possessing a current and
valid ICBO certificate. Mr. Johnson expressed desire to remove the Building
Department from the Fire Department. Mr. Hiestand indicated his office is
investigating some reorganization with the Building Department placed under a
new division of Economic and Community Development. Mr. Sturdivant felt
residency should be a requirement of the Building Official. Mr. Horning discuss-
ed advertising twice for the position with no response due to the residency
requirement. Discussion followed regarding the necessity of the Building
Official residing within the city limits. Mr. Broughton indicated emergency
situations are handled by the Police and Fire Departments. Mr. Adrian submitted
a proposed ordinance for Council consideration. Council did not wish to act on
Mr. Adrian's proposed'ordinance until they had ample time to study the ordinance.
Motion by J. Adrian and S. Homing to address this ordinance next week, but at
this time to reaffirm Council's intent to remove the residency requirement,
carried unanimously.
SALARY UPGI~DE/BUILDING OFFICIAL POSITION AB84-207
Mr. Hiestand discussed lack of response to two advertisements for Building
Official due to the salary offering of $25,000 to $28,000. Mr. Heistand re-
quested upgrade of the salary range to $31,000 to $35,000. In response to an
inquiry, Mr. Hiestand indicated the individual would not necessarily be hired
at the high end of the salary range. Some Council members felt the city has
been without a Building Official too long and the upgrade should be approved.
Motion by S. Horning and B. Amo to approve the salary upgrade for the Building
Official position, carried unanimously.
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.lit7 Council Meetin% Hinutes
April 25, 1984
Page Five
1984/1985 FIREFIGHTERS iND POLICE LABOR CONTRACTS AB84-205 & AB84-206
Motion by E. Sturdivant and P. Drouin to approve the 1984/1985 Firefighters
Labor Contract and 1984/1985 Police Labor Contract, carried unanimously.
RESOLUTION 2019 - SET HEARING DATE/TAXICAB LICENSE AB84-202
Motion by J. Adrian and S. Horning to adopt "A RESOLUTION setting date of
public hearing on application for taxicab license and providing for publish-
ing of notice thereof, carried unanimously.
AGREEMENT WITH O'BAY, INC.
bit. Broughton discussed the agreement to provide right-of-way uses for a fee
of $5.00 per month. Insurance coverage for not less than $500,000 will be sub-
mitted prior to finalization of the Agreement.
Motion by C, Pachek and E. Sturdivant to approve the Agreement with O'Bay,
Inc. for right-of-way use, carried unanimously,
GRANT OFFER/ANDERSON SUPPLY FIELD AB84-208
Mr. Bill Duffy, Water Supt., discussed a grant offer for a water system im-
provement project which will eliminate water quality problems associated with
ti~e use of the Anderson Creek surface supply. The grant will assist in the
construction costs of a new well, pumping station, transmisssion main and
associated appurtenances.
Motion by E. Sturdivant and C. Pachek to accept the Grant Award and authorize
the Mayor to sign the contract on behalf of the City, carried unanimously.
RENEGOTIATE LEASE FOR R~IO TO%{R AND TP~SFER SAID LEASE AB8a-211
Motion by E. Sturdivant and C. Pachek to authorize city officials to prepare
a letter stating the city will transfer whatever lease is negotiated for
Forest Ridge Park radio tower space to Bingham Broadcasting Co. at the time
of take over, carried unanimously.
EXTENSION OF NAVY CONTRACT FOR LOAN OF SHIP MODELS AB84-212
blotion by S. Horning and R. Mosely to approve a one year extension of contract
N00024-69-C-0055 for loan of the museum items on display at the Ferry Terminal
Museum for period June 4, 1984 through June 4, 1985, carried as follows: 8
affirmative, 1 abstention (Adrian).
RESIDENTIAL PEIMIT PARKING AREAS Aj384-182 through AB84-185
Motion by J. Adrian and E. Sturdivant to approve the following areas for
residential permit parking, carried unanimously.
Veneta Avenue from 6th St. to 7th St.
5th Street from Olympic Ave to Naval Ave.
Burwell St., north side, from Anoka St. to State St.
Hewitt Ave, east side from 6th St. to 7th St,
Meeting adjourned at 10:20 p.m.
KATHLEEN L. McCLUSKEY, Ci~y~Clk
ATTEST:
ART'&NDEIrS'ON, Vice President