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CITY COUNCIL MEETING MINUTES
September 14, 1983
Regular meeting of the City Council of the City of Bremerton, Washington
was held in the Council Chambers, 239 Fourth St., Bremerton, Washington,
Wednesday, September 14, 1983 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 Russ Johnson, Mayor Dawkins, Asst. City Attorney Killian and
City Clerk McCluskey.
The meeting opened with the Pledge of Allegiance and the invocation was
given by Phil Drouin.
Unapproved
Minutes
CONSENT AGENDA
A. Minutes of September 6 and September 7, 1983. AB83-489
B. Bid Award for Fascimile System to Burroughs in the amount of $3,306.00
plus tax. AB83-490
C. No bids were received for Asynchronous Modems. Request authorization to
negotiate purchase of modems not to exceed $2500, plus tax. AB83-491
Motion by J. Adrian and C. Pachek to approve the Consent Agenda items A, B
and C, carried unanimously.
INFORMATIONAL ITEMS
Claims for Damages from; James R. Colton, Murray Franklin, Michael Jipson
and Lillie Williams were presented for informational purposes. All claims
have been sent to insurance and departments for reports.
WARRANT REGISTER AB83-493
Warrants audited and certified by the auditing officer as required by RCW
42.24.090, have been recorded on a listing which has been made available to
the Council.
Motion by R. Johnson and E. Sturdivant as of this date, the Council does ap-
prove for payment warrants 12314 through 12476 inclusive in the amount of
$209,979.82 and warrants 12303, 12304, 12305, 12308 and 12309 in the amount
of $66,024.38, carried unanimously.
MAYOR'S REPORT
Mayor Dawkins presented a proclamation to A1 Dillon, President of Bremerton
Symphony Orchestra designating the week of September 26th as Bremerton
Symphony Orchestra Week.
Mayor Dawkins stated the Wastewater Facility Project Manager prepared a
presentation regarding assessments for the facility, Using a chart prepared
for his presentation, Mr. Baker discussed square footage, front footage and
discharge assessment methods, and concluded the discharge method for
assessment was felt to be more fair and equitable.
PUBLIC RECOGNITION
Mr. Anderson stated 5 minutes would be allowed for each individual wishing
to address Council at this time.
Elizabeth Buell, 1722 High, invited Council to an awareness banquet by KCCA,
September 23rd at the Sons of Norway Hall.
Wally Miller, 8651 Hwy. 3, Port Orchard, discussed his dismissal by the
Mayor on September 9th and inquired from which position was b~ dismissed and
reason for dismissal? Ms Killjan stated he was dismissed as a temporary
employee. The reason will he documented and placed in tis file, but will
not he discussed at a public meeting,
Dug Downs, 1307 Poindexter, discussed Monday bs meeting in regard to attend-
ance and content of the meeting. Mr. Downs discussed legal action that has
been initiated for recall of Council members, the Mayor and County Con~nissioner
Aardal. Mr. Amo invited Mr. Downs to the Sheridan Neighhorheod meeting,
Thursday at 7:15 p.m. at the Sheridan Center~
Carl Flanagan, 309 S. Hartford, disagreed with the method of financing and
stated water meters in his area have not been read for 4 months. Mr. Duffy,
Water Supt. stated he will investigate.
City Council Meeting Minutes
September 14, 1983
Page Two
PUBLIC RECOGNITION CONTD
Mona Thomas, 1630 Perry Ave, disagreed with the method of financing and dis-
cussed her increased utility bill and the hardship to her family.
Pam Bender, 5000 Roosevelt, discussed 150% penalty to county customers. Mr.
Drouin clarified this as a 50% surcharge. Ms Bender discussed water and sewer
as separate entities and questioned sewer rates based on water usage. She
discussed length of time to pay for the project.
Katie Penman, 360 Bertha, discussed the ordinance requiring mandatory
garbage pick up and suggested an amendment whereby residents will not
be billed if the service is not used.
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Mickie ~arner, 517 S. Yantic, discussed .Mr Baker's earlier presentation
on the method of financing, and axpressed her objections to the form
financing.
of
Ronald Charman, 1740 Gregory Way, stated he is fed up with Bremerton; it is
becoming a Police State and he is leaving the area.
_Mary Lou Long, 2433 E. Phinney Bay Dr., invited Council to the Bay Area
Neighborhood Council, September 24th, 7:30 p.m. at the United Methodist Church
and asked everyone to bring utility billes for comparison.
Michael Hosea, 1544 Elizabeth Ave., NeighBorhood Assoc. President, discussed
the government being open to the people and suggested attending the meetings.
She discussed the hearings being publicized and stated the 50% grant funding
is being paid by the people of the state. Ms Hosea discussed polluted
waters and restrictions on building with the current plant.
Recess 6:45 until 7:00 p.m.
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HEARING - CHANGE IN LAND USE RESTRICTION/FRANK WARNER AB83-464
Clerk McCluskey stated this is a continued hearing from August 31, 1983.
All Council members remained in attendance in response to Mr. Anderson's
standard conflict of interest question.
Kay Wilson, Acting Planning Director briefly reviewed information from the
previous hearing. This was tabled to allow time to investigate if the unit
size will meet standard building code. Ms Wilson stated results of a
building department check indicate the unit does not meet code. The unit
cannot be used as a rental unless the owner complies with all requirements,
which include enlarging the unit and a 5th parking stall. She discussed space
available for a 5th stall as not being adequate.
Frank Warner, owner, discussed his understanding that the parking problem was
resolved at the previous hearing. Mr. Amo and Mr. Adrian stated no decision
was reached on parking, that the hearing was tabled due to question on size
of the unit. Mr. Warher stated if the unit is enlarged the rent will increase
and asked for an exception in this case.
Ms Killtan stated Council cannot consider size of the unit, as this is a zoning
request. A change in land use restriction cannot be approved unless all zoning
requirements are met. She suggested referring back to the Planning Commission
at which time Mr. Warher may request a variance. Discussion followed regard-
ing procedures for a variance. Ms Wilson discussed inadequate space for a 5th
parking stall and stated this requirement will have to be met prior to approval.
Motion by B. Amo and C. Pachek to deny the Change in Land Use Restriction,
carried as follows: 5 affirmative, (Johnson, Amo, Drouin, Anderson, Pachek),
4 against, (Adrian, Mosely, Horning, Sturdivant). Mr. Sturdivant inquired of
legal counsel if fee waiver could be put into a motion. Ms Killian stated
that would not be an appropriate motion.
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HEARING - AMENDING OPdDINANCE 3546 & 3543 AB83-494
Thes~ ~rdihahces' affect several properties along' Kitsap Way between the City
limits on the west and Carr Blvd. on the east which were rezoned to a B-2
classification in August, 1979, Planning Commission Resolution 689 recommends
approval. All Council members remained in attendance for this hearings in
response to Mr. Anderson's standard conflict of interest question.
City Council Meeting Mi~..tes
September 14, 1983
Page Three
HEARING - AMENDING ORDINANCES 3546 & 3543 CONTD
Ms Wilson discussed history p~rtaining to' annexation of the area as R-1 zoning.
Ms Wilson dis.cussed proposed action to delete reference to business zoned proper-
ties which are residentially used, reconsider requirement for site plan approval
upon 25% expansion of commercial buildings, and delete requirement for Planning
Commission approval of site plans. Ms Wilson discussed Planning Department
review of ordinance 3546 and found that ordinance 3543 should be reviewed for
clarification. Other conditions in the ordinances should be reviewed for
clarification in addition to the screening requirement. The Kitsap Lake Neigh-
borhood Assoc. wrote Council in 1978, with concerns regarding development and
affect on green belt screening. The concerns were considered when conditions of
ordinances 3546 and 3543 were adopted in 1979,
At a public hearing in August, 1983, the Planning Commissioners expressed con-
cern that the City Council should not be responsible for administrative inter-
pretation and approval of site plans. Appropriate City departments and the
Planning Commission should be responsible for approval of site plans affected by
ordinances 3546 and 3543. The Planning Commission felt it necessary to have a
Planning Commission public hearing for those site plans which are affected by
ordinance 3546.
Ms Wilson discussed conclusions that the proposed amendments would not be adverse
to the Brewerton Area Plan. Such amendments are necessary in order to clarify
the intent of the ordinance which were approved by the City Council In 1979.
Ms Wilson discussed recommendations to amend ordinance 3546 and 3543 as follows:
Condition #1
a) Delete the requirement for City Council approval and reword first
sentence as follows:
New commercial construction and development shall be required to
receive site plan approval from appropriate City Department and the
Planning Commission. Such site plan approval shall not be limited
to the requirements of Ord. 3546 and 3543 but shall address any con-
cerns raised by the Bramerton Area Plan.
b) Clarify and reword second sentence as follows:
This requirement shall not apply to single-family residential or
duplex development or to additions to existing commercial buildings
which do not increase the cubical content more than 25% from the
original size of the building as of the date of the passage of this
ordinance.
Condition #2
a) Delste the reference to "residentially used parcels" and clarify the
ambiguity caused by the phrase "existing vegetation". Reword as follows:
All developments requiring the above site plan approval shall in
addition to the screening requirements of the zoning ordinance, provide
an unbuilt upon screening area of not less than 25 ft. in width where
the business development is adjacent to residential zoning.
Jim Strait,6530 Harlow, President of Kitsap Lake Neighborhood Assoc. spoke in
opposition to Council being eliminated from approving site plans.
Mr. Johnson discussed the original rezone and ~reed that Council should approve
site plans. He discussed concerns with traffic in the area. Discussion
followed regarding site plan approval by City Council.
Motion by R. Johnson and E. Pachek to a) delete the requirement for Planning
Commission approval and reword the first sentence under condition #1 as
follows:
"New commercial construction and development shall be required to receive site
plan approval from the City Council following Planning Commission hearings.
Such site plan approval shall meet any concerns raised by the Bremerton Area
Plan and ordinances 3546 and 3543." and accept Condition #1 b) and Condition #2
a) as recommended by the Planning Commission, carried unanimously.
Recess 8:10 until 8:25 p.m.
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City Council Meeting Minutes
September 14, 1983
Page Four
ORDINANCE, 1st Reading - REPEALING APPENDIX CONTAINING ADMINISTRATIVE
REGULATIONS OF ORDINANCE 3722 (NOISE CONTROL) AB83-~95
Ms Killjan discussed the appendix as a guide for enforcement. She stated it
should not have been included as part of the ordinance, as it does not give
the Police Department flexability to enforce the ordinance.
Motion by C. Pachek and R. Mosely to approve on first reading AN ORDINANCE
repealing the Appendix containing Administrative Regulations of Ord. 3722
pertaining to noise control. Discussion followed regarding the appendix
not being included in Council packets and having the appendix included prior
to second reading. Question called, carried as follows 8 affirmative, 1
abstention (Adrian). Mr. Adrian requested a copy of the appendix for the
next meeting.
ORDINANCE, 1st Reading - CHANGE IN LAND USE (ROBINSON) AB83-496
Motion by S. Horning and P. Drouin to approve on first reading AN ORDINANCE
amending Ord. No. 3451, Sec. 1, relating to Robinson rezone and land use
restrictions. Discussion followed regarding necessity of including zoning
in the ordinance and questioning if B-3 zoning is correct. Ms Wilson stated
zoning was n6t addressed in the application for Change in Land Use Restrictions.
Motion and second were withdrawn.
Motion by J. Adrian and R. Johnson to table for one week, carried as follows:
8 affirmative, 1 abstention (Amo).
CHARTER CHANGES AB83-500
E. Sturdivant, Chairman of Charter Change Committee,-stated Bremerton residents
will ultimately decide, at the polls, if there will be charter changes.
RESOLUTION NO. 1985 - Article VII, Sec, 30 City Clerk
Mr. Sturdivant discussed the Clerk affixing the City seal to all documents
as meaning attesting the Mayor's signature.
Motion, by A. Anderson and R. Johnson to pass A RESOLUTION setting forth amend-
ments to Article VII, M 30 for submission to the qualified voters of the City
for approval and ratification or rejection at the general election to be on
November 8, 1983, carried unanimously.
RESOLUTION NO. 1986 - Article II, Sec. 5 Elective Officers, Election & Term
Mr. Sturdivant discussed other cities where selection of Mayor Prohem is made
by Council, Ms Penman discussed her concerns with length of time a Mayor
Protem can serve before a special election is called, Ms Killjan discussed
state requirement for vacanies and general elections. Pete Flynn discussed
Mayor's veto power and felt there would be no check on Council. Discussion
followed regarding a Council member serving as Mayor Protem and acting on
Council matters. Ms Killian indicated he could serve in both capacities.
Motion by J. Adrian and A. Anderson to pass A RESOLUTION setting forth amend-
ments to Article II, ~ 5 for submission to the qualified voters of the City
for approval and ratification or rejection at the general election to be on
November 8, 1983, carried unanimously.
RESOLUTION NO. 1987 - Article II, Sec. 7 Elective Officers, Vacancies
Mr. Sturdivant discussed eliminating "absent from three consecutive regular
Council meetings without being excused by Council" and the addition of "from th~
respective district". Discussion followed regarding methof of selecting Protem
Council member. R. Mosety Districts should select Protem Council members.
Motion by A. Anderson and B. Amo to pass A RESOLUTION setting forth amendments
to. Article II, M 7 for submission to the qualified voters of the City for
approval and ratification or rejection at the general election to be on
November 8, 1983, carried as follows: 8 affirmative, 1 opposed (Mosely).
RESOLUTION NO. 1988 - Article V, Sec. 23, Department of Finance
Mr. Sturdivant discussed the original resolution and a revised version. Mr.
Mosely objected to the Auditing Committee having the power to remove the
auditor, and felt this should be a Council function. Mr. Johnson stated the
Finance & Budget Committe supports the amended version. Ms McCluskey felt
the use of an audit committee is the best approach.
Motion by A. Amo and J. Adrian to pass amended version of A RESOLUTION setting
forth amendments to Article V, M 23 for submission to the qualified voters of
the City for approval and ratification or rejection at the general election
to be on November 8, 1983, carried as follows: 8 affirmative, 1 opposed (Mosely).
City Council Meeting MY
September 14, 1983
Page Five
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CHARTER CHANGES CONTD
RESOLUTION NO. 1989 - Article IX, Sec. 34, Civil Service
Ms Killjan read a letter from Commissioner Will Lent questioning the change
from 3 to 5 commissioners, but feels with eliminating language that the
Personnel Director shall not be employed by the Civil Service Commission in
any capacity, the changes and modifications will work..None Lansbery,
Commissioner spoke in opposition to the 5 member concept, and suggested al-
ternates in the event a commissioner is absent. She supports the rest of the
resolution. Maryellen Babbitt discussed her concerns with the Personnel
Director establishing classifications and exempt classifications. Dave
Hiestand, Personnel Director, discussed employee's right to appeal classifica-
tion designations. Mr, Mosely discussed wording of Commissioners appointed by
the Mayor and Council.. Discussion followed regarding the Mayor making the
appointments and Council approving.
Motion by R. Mosely and E. Sturdivant to change line 3 to read "by the Mayor
and approved by the Council" and line 14 to read "shall be filled by the Mayor
and approved by the Council", carried unanimously.
Motion by P. Drouin and B. Amo to pass as amended A RESOLUTION setting forth
amendments to Article IX, S 34 for submission to the qualified voters of the
City for approval and ratification or rejection at the general election to be
on November 8, 1983, carried unanimously.
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RESOLUTION NO, 1990 - Article Ill, Sec. 10, Mayor's Veto Power
Mr. Sturdivant discussed changing the time frame for vetoing from 10 days to
i5 days. Ms McCluskey discussed possible conflict as ordinances are required
to be published in 10 days.
Motion by E. Sturdivant and R. Mosely to amend Resolution 1990 by inserting
"10 days" in place of "15 days", carried unanimously.
Motion by C. Pachek and E. Sturdivant to pass as amended A RESOLUTION setting
forth amendments to Article III, S 10 for submission to the qualified voters
of the City for approval and ratification or rejection at the general election
to be on November 8, 1983, carried unanimously, E~ ~turdiyant thanked Council and
Citizens for time and efforts put forth on tha. afuDve Stated change&~
M~r. Mosely left the meeting,
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CAPITAL IMPROVEMENT PROGRAM AB83-482
Motion by J. Adrian and B. Amo to approve the Capital Improvement Program,
carried unanimously.
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CHANGE ORDER NO. 1 TO CONTRACT C3/CHANGE ORDER NO. 1 TO CONTRACT C5 AB83-497
Motion by S. Horning and E. Sturdivant to approve change order no. 1 to contract
C3 and change order no. 1 to contract C5 at no cost to the City, carried
unanimously. (Mr. Mosely returned to the meeting.l
ACCEPTAIqCE OF AGREEMENT WITH ROTARACT AB83-499
Motion by S. Horning and C. Pachek to accept the agreement with Rotaract Club
for demolition of Roosevelt Field grandstand as complete, carried unanimously.
COUNCIL MEMBERS REPORTS
E. Sturdivant discussed the meeting on Thursday at 5:00 p.m. in Council Chambers
with Ferry officials, and stated questions should be in writing and submitted
to the Clerk prior to the meeting.
P. Drouin, stated the Wastewater Committee meeting will be 9:30 a.m. Thursday,
everyone is invited. He stated there will be a Sewer Rate Workshop, Monday
at 5:30 p.m. in the Great Northwest Federal Savings & Loan building.
B. Amo, stated the Planning Committee m_~ Tuesday with Field Ryan, Mayor Dawkins
and Kay Wilson to discuss waterfront taskforce. He discussed concerns with
hours of meetings department heads are asked to attend, Mayor Dawkins discussed
objections from wives of department heads regarding week end phone calls from
Council members and asked Council to hold questions until Monday.
R. Johnson stated the Finance and Budget Committee will meet Tuesday at 6:30 p.m.
in Council offices to discuss the council budget. He discussed annual review
of the comprehensive plan, and objections to signs being placed on utility poles.
Mayor Dawkins stated he is meeting with real estate individuals on Thursday
and will bring this to their attention.
Meeting adjourned at 10:20 p.m.
KATHLEEN L. McCLUSKEY, City Clerk
APPRI~VED: