HomeMy WebLinkAbout04/03/85TAPE #227
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CITY COUNCIL MEETING MINUTES
April 3, 1985
UNAPPROVED DRAFT
The regular meeting of the City Council of the City of
Bremerton was held in the City Council Chambers, 239 4th
Street, Bremerton, Washington, Wednesday, April 3,
1985, at 5:30 p.m. with Council President Art Anderson
presiding. Present were Spencer Horning, Clyde Pachek,
Phil Drouin, Roy Mosely Russ Johnson, Bill Amo,
E.L.Sturdivant and Jim Adrian. Also present were Mayor
Morrie Dawkins, City Attorney Bill Broughton and City Clerk
Kathleen McCluskey.
The meeting was opened with the Pledge of Allegiance., led by
Council President Art Anderson with Councilman
E.L.Sturdivant giving the invocation.
CONSENT AGENDA
Items A & B of the Consent Agenda - Minutes of March 27,
1985, #AB85-140, and Bid Award recommendation/Janitorial
Services to E & J Janitorial, in the amount of $1,117.80 per
month, #AB85-141, were presented.
0066 ·
M/S/C/U/(Sturdivant/Pachek) to approve Consent Agenda items,
#A and #B.
Item C, a request from the Planning Department for Kiwanis
Restroom Budget/Contract Amendment City Sewer Hook-up,
#AB85-142: The Restroom construction project is currently
under way but does not include sewer hook-up. It can be
accomplished by City crews at a cost of $608.20 which could
be funded from the 1983 CDBG contingency funds remaining.
0080 · M/S/C/U/(Drouin/Adrian) that the Council authorize the
allocation of $608.20 of 1983 Community Development Block
Grant Funds (Grant #B-83-MC-53-0011) Kiwanis Park Project in
order to pay for the sewer hook-up, authorizing the Mayor to
direct that the hook-up be accomplished by City forces.
Item D, a request from the Planning Department for Kiwanis
Park Restroom - Construction change orders, #AB85-143, which
would allow installation of handicapped grab bars and vandal
resistant light fixtures not included in specifications and
bid. This would be an increase of $233.00 with additional
funding to come from CDBG contingency funds.
0173 · M/S/C/(Drouin/Horning) to amend the FY 1983 Community
Development Block Grant funds to reduce contingency by
$233.00 and increase the Kiwanis Playfield Project by
$233.00 and authorize the Mayor to negotiate and approve
proposed change order number 001-85 for the Kiwanis
Playfield Construction project.
VOTE: In favor; Sturdivant, Horning, Pachek, Mosely, Ander-
son, Drouin, Adrian and Johnson.
Abstain; Amo
Motion PASSED
Item E, a request from the Wastewater Facilities
Construction Project for parallel Operation Agreement
between the City of Bremerton and Puget Power: The engine
generators at the Wastewater Treatment Plant are designed to
be connected in parallel with the electric power as supplied
by Puget Power to reduce the power cost to the City. This
agreement with Puget Power is necessary in order to allow
the intertie to be made. Ken MacKenzie, Project Engineer
stated there will be a fee to annually review installation
and periodic tests, every 1 - 2 years.
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· M/S/C/U/Drouin/Mosely) to approve a Parallel Operation
Agreement between the City of Bremerton and Puget Power.
Items F & G, Wastewater Facilities Construction Project
Change Orders as follows: Change Order #4 to Contract C-7,
#AB85-144, which directs the contractor to install seal
water drain pipe, overflow pipe from seal water tank,
demolish existing pump station #1 and construct new 14-inch
pipeline for an increase of $13,560, and Change Order #3 to
C-10, #AB85-145 which again is housekeeping items to
complete contract. Mr. MacKenzie stated the work has
already been completed for this Change Order.
· M/S/C/U/(Pachek/Mosely) to approve Change Orders,
Contract C-7 and #3 to Contract C-10.
#4 to
CLAIMS/WARRANT REGISTERS, #AB85-147
Regular Warrants, #10582 - #10828, were presented in the
amount of $222,489.40, audited and certified by Darlene
Herrmann as required by RCW 42.24,090, and recorded on
listings made available to the City Council.
M/S/C/U/(Sturdivant/Mosely) to approve Regular
presented.
warrants as
PUBLIC RECOGNITION
Mr. Pete Flynn, Project Mainstreet, 7177 Raintree Court,
stated there will be a "Mainstreet" meeting, Thursday, 7:30
a.m. in the Great Northwest Community room and invited and
encouraged the attendance of the Council. Included will be
a slide presentation of other cities who have development
this program.
Mr. Don Serry, 4144 29th Street, spoke on several issues
including; (1) .the Naval Museum needing City of Bremerton
support; (2) The Kitsap Historical Society which exists
mainly on donations could use financial support; (3) the'
Visitor and Convention Bureau which suggested signs marking
interesting tourism areas - still no signs for Museum and
(4) the Block Grant appropriation for the Boy Scout Hall
roof which is still unrepaired. Mr. Serry stated he sent a
letter to the Mayor in February and has not received an
answer. Councilman Adrian suggested he send a letter to the-
Council and he would receive a response within two weeks.
Mr. Ed Drouin, Spokane, WA, and former Bremerton resident
noted he took a tour of the new Wastewater facility with his
father, Councilman Drouin, and was proud of the
accomplishments the City has made in the past few years and
of his father's participation.
MAYOR'S REPORT
Mayor Dawkins presented 9 young ladies who comprise this
years Armed Forces Day Court from which the Queen will be
selected. He also presented Court coordinator Dorothy
Crouch. '
Councilman Amo asked the status of Roosevelt Field with the
Mayor responding that a committee has been appointed and
will meet in two weeks. Councilman Johnson stated the Dump
Truck needing removal is located at HarloW and Kitsap Way.
ATTORNEY'S REPORT
City Attorney Bill Broughton reported that he spoke in
support of the Library Bill in Olympia on Tuesday.
·
COUNCIL MEMBERS REPORT
Councilman Drouin stated there will be a Wastewater
City Council Reg, ~.~tg, Mins,
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Facilities committee meeting, April 4, 1985, at 9:30 a.m.
Councilman Johnson, reported that there will be no Budget
and Finance Committee meeting next week, however there will
be a Audit Committee meeting on Tuesday, April 9th, and
investment Committee on April 11, 1985.
Council recessed at 6:10 p.m.; reconvened at 6:30 p.m.
RICKEY ROAD IMPROVEMENT, #AB85-148
The scope of work required to improve/resurface and widen
Rickey Road changed once the subsurface soils and the
underground water level was exposed. The Street department
has done everything it can do within the State Bid Law
provisions. It is necessary that the City contract, under
provisions of the Small Works Roster, to have the necessary
work completed. The low bidder is Ace Paving at a cost of
$28,720.00 with a Staff recommendation to award the bid.
Ms. Lorna Bouton, 2960 Rickey Rd. expressed concern that the
project has taken so long. Resident, Rickey Rd., stated
that even though Rickey Road is changing to two-lane, and
under construction, the one-way signs should be removed. Mr.
Virg Stay, Resident Rickey Rd., stated conditions are so bad
and the area has been this way since September. He wished
the City would correct the problem or at least have the
Street department out more frequently to repair. Mr. Prisk
stated this could be done.
M/S/C/U/(Pachek/Mosely) to approve awarding the contract to
Ace Paving to complete the improve/resurface and widening of
Rickey Rd.
LINDSEY SANITARY SEWER AGREEMENT, #AB85-149
The property owner, Gary Lindsey, desires to connect
building at 2025 Wheaton Way into the sanitary sewer. The
owner must install a pump and a small late'ral to the system
which is 200 feet to the west. The owner has agreed to sign
an agreement holding the city harmless of any damage caused
by his system. City Attorney Bill Broughton stated that
this will allow Mr. Lindsey's property to get down to the
existing sewer line.
M/S/C/U/(Sturdivant/Amo)
Sewer Agreement.
to approve the Lindsey Sanitary
GOLD MOUNTAIN GOLF COURSE REVISED OPERATING POLICY
STATEMENTS, #AB85-150
The current operating policy statements for Gold Mountain
Golf Course were approved by the City Council in 1984. The
Board of Directors is recommending several minor
housekeeping changes for clarity and intent.
M/S/C/U/(Sturdivant/Pachek) to approve
Course Operating Policy Statements.
the Revised Golf
KITSAP LAKE PARK PHASE I DEVELOPMENT, #AB85-151
A condition of receiving grant funds (Phase I) for the
Restoration Analysis and Watershed Management Plan for
Kitsap Lake was to (Phase II) implement a lake management
program. Parametrix, the developers of the plan,
recommended six action programs, with the number one
priority being to develop public boating access. The Plan
features boating access to the lake with supportive boat
trailer/automobile parking. Estimated cost is $100,000.00.
In addition the City has applied for funding assistance from
the Washington State Department of Natural Resources Aquatic
Lands Grant Program. A fifty percent local match is
required and these funds have been identified within the
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City's resources. Other funding may also be available.
Both the Parks Commission and .Kitsap Lake Neighborhood have
reviewed the plans and are supportive of the proposed
development.
Councilman Amo asked whether enough citizens would use the
facility and can site plans be changed. Ray Foley, Parks
Superintendent stated any changes should be firmed up before
application for grants in July.
Mr. Jim Straight, President/Kitsap Lake Neighborhood Assn.
stated that his group likes the Plan but they requested; (1)
the need for a launching ramp; (2) place for children to
swim, and (3) parking on the other side of the road.
Councilman Johnson was concerned about the trails and
swamplands.
M/S/C/U/(John/Adrian) to approve the Kitsap Lake Park Phase
I Development Plan which will provide a boat launch and Park
facilities.
LAND TRADE PROPOSAL (MCCORMICK COMPANY), #AB85-152
Council previously requested that no action be taken on the
requested item until such time as fair appraisals of all
parcels of property involved in the trade were obtained°
Key West Properties did an appraisal, determining that the
values were within $1,500.00 of each other. The City's
parcel, located at Clifton Rd. in Port Orchard was valued at
$67,500 and the McCormick property, located abutting the
Gold Mountain Golf Course was valued at $69,000. Therefore
Staff recommended the City approve the land trade and
authorize the payment of $1,500 to McCormick to be paid out
of the Water Utility's Land Acquisition Fund.
M/S/C/U/(Drouin/Horning) to authorize the Water Utility to
proceed with exchange of the properties through the City
Clerk's office, subject to the terms of the appraisal and
Bremerton Administrative Policies and Procedures and
additionally authorize the expenditure from the Water
Utility's Land Acquisition Fund in the amount of $1,500.00.
BREMERTON DOWNTOWN WATERFRONT PLAN, #AB85-153
Request from Jack Maher, Waterfront Development
Manager/Planning Department, to approve hiring of a Design
Consultant for the Downtown Bremerton Waterfront Plan study.
The committee, consisting of five citizens examined fourteen
applications, interviewed the top five contenders and
selected the architectural and urban design firm of Makers
for the consultant award. Mr. Maher stated that the firm of
Makers was impressive and stated there was a proposed draft
motion if Council approves his recommendation.
Mr. Bert Gegner, asked if there was a cost to the City for
hiring this firm and expressed concern that this will be
another downtown redevelopment. He suggested that the city
exhaust all previous studies/work before venturing into a
new study. Councilman Sturdivant noted that 100% of the
funding comes from the Department of Ecology. Councilman
Anderson noted that the County Commissioners are in favor of
such a development as the Bremerton Waterfront is the only
area left to expand in the County.
M/S/C/(Mosely/Pachek) to approve hiring, as design
consultant for the Downtown Waterfront Administrative
Management Plan and Analysis, the firm of Maker,
Architectural and Urban Design.
VOTE: In favor; Sturdivant, Horning, Pachek, Mosely,
Anderson, Drouin, Amo and Adrian.
Opposed; Johnson
City Council Reg. Mtg. Mins.
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Motion PASSED.
Meeting recessed at 7:15 p.m.; reconvened at 7:25 p.m.
HEARING - REQUEST FOR REZONE FROM R-1 TO B-2, 1329 CRAWFORD
DRIVE (BREMER'S INC.), #AB85-161
Request from Bremer's Inc. to rezone the property located at
1329 Crawford Drive, from R-1 to B-2, submitted by Rich
McDonald, General Manager for Bremer's.
Council President asked the Council and public if any person
felt any Council member had a conflict of interest. All
Councilmen remained seated.
Mr. Bob Duffy, Planner gave a Staff report based on Planning
Commission's Resolution #739, recommending approval. He
stated the property's former use was a residence, however
with the commercial influx it is no longer practical. When
a business occupied the building and applied for a Business
and occupational license, they were found to be in violation
of the Zoning Ordinance, precipitating the request for a
rezone. Mr. Duffy stated that the request was circulated to
the proper departments with no major problems found. He
noted Exhibits A - E, contained in the Resolution along with
conclusions. He said the Planning Commission recommended
approval with recommended conditions based upon legal
findings. He said the only real concern was traffic
increase and street lighting. Building was recommended for
Professional office use only.
Councilman Amo was concerned whether the building could be
restricted to office use only with City Attorney stating
that the question wou~d have to be addressed to Mr.
McDonald. Mr. Amo stated, even if the SEPA impacts were
stated he did not think the City could restrict use. City
Attorney Broughton stated that Mr. McDonald could be
requested to enter into a Concomitant Agreement. Mr. Duffy
concluded his presentation with slides of the proposed
rezone.
Mr. Rich McDonald, Bremer's Inc./Gen. Mgr., stated that he
represented the property owner and when the firm of United
Services Management leased the building, the owner was
unaware that the zoning restricted use.
Mr. Norman Misplay, 6225 76th Place N.W., (District Mgr.)
stated his firm spent money in upgrading the site and felt
the neighbors were pleased with the improvement. Also
Holiday Inn management gave him a letter allowing additional
parking space at their facilities.
Mr. Joe Mentor, Tracyton, was in favor of the rezone and
felt it should be zoned commercial however he was not aware
Of any parking agreement with the Holiday Inn management.
He asked that, if approved, the City should require off-
street parking, street lighting improvements and raise
vertical curbing.
Mr. Jim Straight, stated that the Kitsap Area Neighbor
Association was in favor of the rezone.
Mr. Norman Misplay produced the letter from the Holiday Inn
management, allowing use of designated parking.
Councilman Amo felt he would be more comfortable with B-3
zoning. Councilman Adrian stated the rezone will take care
of issues including the parking. Councilman Horning agreed
and asked the City Attorney if it could be zone B-3 with Mr.
Broughton stating yes but Mr. McDonald would have to sign on
City Council Reg. Mtg. Mins.
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behalf of Bremer's. Councilman Johnson felt B-3
incompatible with zone and should be approved as requested.
Mr. Duffy stated the parking should be specific regardless
of the zone and stated if site if rezone, they will have to
meet the requirements.
M/(Amo) to grant a rezone of B-3, at 1329 Crawford Drive
(Bremer's Inc.).
FAILED for lack of second.
M/S/(Mosely/Sturdivant) to approve the request for rezone,
1329 Crawford Drive, from R-1 to B-2 for the following
described property: Brentwood Park, BLK-O0I Lot 026 D-00 PT
~of Lot 26 the N 82 ft. of W. 105 ft. of E. 295 ft. and
include recommended conditions as follows, deleting "or any
other method" (#4):
1. SEPA (State Environmental Policy Act);
RCW 43.21C, WAC 197-10, Bremerton Ordinance
#3306.
2. Restrict to professional office use only to
protect existing residents from non-compati-
ble B-2 uses.
3. Site plan approval required by both-the Planning
Commission and City Council to ensure adequate on-
site parking, screening, and noise/glare protection
for adjacent residents.
4. Adequate parking be ensured according to the
Zoning Ordinance Section 715(13) by agreement
(Ordinance Section 713).
M/A/S/C(Amo/Adrian) to delete "site-plan approval required
by both the Planning Commission and City Council,
(#3/conditions).
VOTE: on amending motion;
In favor; Sturdivant, Horning, Pachek, Mosely, Ander-
son, Amo, Adrian and Johnson
Abstain; Drouin
Motion PASSED
VOTE: on original motion; - unanimous
Motion PASSED
HEARING - APPEAL OF AN ADMINISTRATIVE DECISION- 620 HIGHLAND
AVENUE (LON OVERSON), #AB85-162
Council President Anderson asked the standard conflict of
interest question. Councilman Amo, Horning and Adrian
indicated they had talked with the property owner. Mr. Amo
indicated he felt he had discussed the merits of the issue.
Mr. Adrian advised that he owns the abutting property of
that in question during the hearing. Councilman Amo decided
he would step down and left the meeting. Mr. Broughton
stated that the decision to step down is that of the
Councilman.
Councilman Horning stated he felt he could sit fairly.
Councilman Adrian stated, that even though properties are
adjacent, he has not talked to the new owner nor does he
feel that any decision, during the hearing, would affect his
property value.
Mr. Bob Duffy, Planner, stated the subject property is at
622 Highland. He reviewed Planning Resolution #740.
Mr. Lon Overson, stated that somewhere the City decided that
the building at the 622 location should go. Mr. Overson
reviewed in detail a letter of February 11, 1985, from Jane
Kohler, Assistant City Attorney, to the Planning Commission
and his letter of March 26, 1985, to the City Council. Both
documents were provided to the Council.
City Council Reg. Mtg. Mins.
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Mr. Paul Scheyer, 2111 Madrona Pt. Drive, noted that he was
the former owner of the property and stated he had several
documents, including numerous correspondence not included in
the packet, to present to the Council.
Councilmen discussed tabling the hearing until all documents
are available whereby they are able to render a fair
decision in this hearing. CoUncilman Drouin and Adrian were
in favor of continuing the hearing for two weeks to April
17, 1985, at 6:30 p.m. or after.
M/S/(Drouin/Adrian) to continue the Hearing of an Appeal of
an Administrative Decision, 620 Highland Avenue (Lon
Overson) for two weeks, to April 17, 1985, at 6:30 p.m. or
after.
Discussion followed whether Council could allow further
discussion or testimony by those present, other than Council
members. Councilman Sturdivant and City Clerk McCluskey
both stated that the subject is debatable among Council
members only and not the applicant nor the public.
M/(Johnson) to continue hearing after public comment.
Motion DIED FOR LACK OF SECOND.
Councilman Sturdivant called for the question.
VOTE: In favor; Sturdivant, Horning, Pachek, Mosely, Ander-
son, Drouin & Adrian.
Opposed; Johnson
Motion PASSED.
Recessed at 9:15; reconve~ed at 9:25 p.m.
NEW POSITION/CITY ATTORNEY'S OFFICE (OFFICE ASST.II), #AB85-
154
City Attorney Bill Broughton explained the need for
additional clerical help because the City has just made the
decision to be self-insured. The City Attorney's's office
is in need of a permanent individual to perform regular and
recurring clerical duties and assignments as directed. This
person will also be responsible for administering the Crime
Victim's Assistant Program, acting as a liason between the
victims of crime and the defendant for the purpose of
recouping restitution. The staffing is necessary as the
office has a legal assistant capable of performing duties
and responsibility supporting insurance defense litigation.
The office assistant will also perform overload support as
required for the Risk Manager. Impact of non-approval would
be inability to sufficiently perform insurance defense
litigation work and continue with support services to City
wide departments. Cost estimate, $16,997.60 annually. This
would be funded for 1/2 year and the cost offset by the
temporary help money in the Attorney's budget.
Councilman Johnson, Chairman of the Budget & Finance
Committee, stated he did not concur with funding from
Insurance fund and recommended new revenue from Shipyard
annexation or capital expenditure savings. Councilman
Sturdivant was concern with the financial problems of the
City and thought the position should be temporary for now.
City Attorney stated that he had the concurrence of the
Mayor's Advisory committee. Ms. McCluskey also had concerns
on funding and was not in favor of funding by Capital
expenditure Ravings.
M/S/C/U/(Adrian/Mosely) to table for two weeks.
AGENDA BILL PREPARATION, #AB85-155
City Council Reg. Mtg. Mins.
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M/S/C/U/(Johnson/Sturdivant) to table for two weeks.
RESOLUTION #2061 - RESIDENTIAL PERMIT PARKING, ZONE #55, 8TH
STREET - PARK TO WARREN AVENUE, #AB85-156
Ms. McCluskey presented, for Council approval, Resolution
#2061 Residential Permit Parking, Zone #55.
M/S/C/(Drouin/Sturdivant) to approve Zone #55, Resolution
#2061, on 8th Street - Park to Warren Avenue.
ORDINANCE (FIRST READING) PROVIDING FOR NEW COUNCIL
DISTRICTS, #AB85-157
Ms. McCluskey noted a revised copy has been provided with
minor changes in #2 and #3 districts.
M/S/C/U/(Drouin/Pachek) to approve Ordinance, first reading,
providing for new Council districts for the City of
Bremerton.
ORDINANCE (FIRST READING) BUDGET ADJUSTMENTS, #AB85-158
M/S/C/U/(Adrian/Johnson) to table for 1 week.
ORDINANCE (FIRST READING) ADMINISTRATIVE PROCEDURES, #AB85-
159
ORDINANCE (FIRST READING) ADMINISTRATIVE PROCEDURES,
HEARING EXAMINER, #AB85-160
Mr. Broughton explained the proposed ordinances. Ms.
Katsirubas, City Auditor, encouraged passage.
M/S/C/U/(Johnson/Drouin) to schedule item #9D and #9E for
the nest Study Session, May 6, 1985 and reschedule for
Council the meeting of May 15th.
Meeting adjourned at 10:18 p.m.
KATHLEEN L. MCCLUSKEY, City Clerk
City of Bremerton
APPROVED:
ART ANDERSON, President
City Council
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