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CITY COUNCIL MEETING MINUTES
July 31, 1985
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, July 31, 1985,
at 4:30 p.m. with Council President Art Anderson presiding.
Present were Councilmen E.L.Sturdivant, Roy Mosely, Bill
Amo, Phil Drouin, Spencer Horning and Jim Adrian. Also
present were Mayor Morrie Dawkins, City Attorney Bill
Broughton and Deputy City Clerk Gil Johnson. Absent were
Russ Johnson and Clyde Pachek.
The meeting was opened with the Pledge of Allegiance, led by
Council President Art Anderson and Councilman Phil Drouin
gave the invocation.
CONSENT AGENDA
Item #A - Minutes of July 24, 1985, #AB85-331; Item #C -
Bid Award Recommendation - Submersible Turbine Pump Pistol'
Range Well, #AB85-333 and #D - Allocation of Funds for
Change Order #2 - City Hall Elevator, #AB85-334.
· M/S/C/U/(Adrian/Sturdivant) to approve Agenda Items #A , #C,
and #D.
Item #B - Business Accounts - Replacement Signature Card,
#AB85-332; The Advance Travel Account previously had 2
authorized signers, Darlene Herrmann and Kathy McCluskey.
This form adds a third authorized signer, Cathy Johnson,
Assistant City Treasurer and Supervisor of this function.
Discussion followed with suggestion to add Kitsap County
Bank on Water Fund Consumer accounts.
· M/S/C/U/(Sturdivant/Mosely) to approve Replacement Signature
card with three designated signers (above) for Advance
Travel Expense Account and Water Fund Consumer Deposit.
Item #E - Acceptance of Contract C-6, Beach Pipelines and
Narrows Crossing #AB85-335. All work has been completed and
found to be in conformance with the Contract Documents.
Final payment can be made to Coluccio Construction thirty
(30) days after Council accepts the contract, and Washington
State Department of Revenue certifies that no taxes or
penalties are due. Mr. Dave Baker Project Engineer stated
this brings the contract to less than 5%.
· M/S/C/U/(Drouin/Mosely) to approve acceptance of Contract
C-6, Beach Pipelines and Narrows Crossing.
Item #F - Acceptance of Contract C-10, Pump Station CW-4 and
Overflows 10A, 11 and 12, #AB85-336. All work has been
completed and found to be in conformance with the Contract
Documents. Final payment can be made to Shelton Plumbing
thirty (30) days after Council accepts the contract, and
Washington State Department of Revenue certifies that no
taxes or penalties are due. Mr. Baker stated that this
contract increased approximately +7%, which is still well
below the estimate of 10%.
M/S/C/U/(Drouin/Amo) to approve Acceptance of Contract C-10,
Pump Station CW-4 and Overflows 10A, 11 ~nd 12.
CLAIMS/WARRANT REGISTERS
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
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recorded on a listing which has been made available to the
Council.
M/S/C/U/(Drouin/Sturdivant) on July 31, 1985, the Council,
by a unanimous vote, does approve for payment those vouchers
included in the above list and further described as follows:
voucher numbers #13490 - #13683, in the total amount of
$138,380.95
· M/S/C/U/(Drouin/Sturdivant) on July 31, 1985, the Council,
by a unanimous vote, does approve for payment those vouchers
included in the above list and further described as follows:
voucher numbers #13484 & #13684, in the total amount of
$3,527.66.
MAYOR'S REPORT
Mayor Dawkins reported that the State will be responsible
for repairs on the Ferry Terminal. He said he attended a
meeting of the Planning Commission regarding the replacement
of 5 portable Classrooms at Liberty School. He stated that
the Bayview Inn has applied for 2 permits to comply with the
Life Safety Codes, do necessary roof repairs and secure the
building to the site.
Councilman Amo asked if he had been able to resolve the
complaint of previous meetings regarding misplacement of a
dumpster at the State Street Navy Yard Gate. Mr. Dawkins
said he has not been able to meet with Mr. Lindgren, owner
of Brem-Air but will follow-up on his request.
ATTORNEY'S REPORT
City Attorney Bill Broughton reported, per Council request,
that the expenses to date in the Christensen Case have
reached approximately $13,000.00 to the City. The Civil
Service Hearing is schedule to last another two weeks when
he will update expenses incurred.
He noted that he will be at the Kitsap County Bar
Association Seminar tomorrow in Poulsbo and in Federal
District Court this week on the Shoemaker vs the City
lawsuit. He stated several ordinances are being prepared
and will come before Council soon to include an Ordinance
which will define the Definition of Administrative Heads and
confirmation of authority. Also his office is revising the
Management Ordinance which will bracket salaries. Another
ordinance, Right-of-Way Permitting System, is modeled after
Seattle's draft which has pleased -their city officials and
is a good piece of Legislation. This will govern hot dog
stands, signs placement, etc.
PUBLIC RECOGNITION - None
Mr. William Jones, Puget Sound Naval Shipyard/Recreation
Association, requested Council approving a "Biathelon" which
was postponed until September 29, 1985, because of ordinance
restrictions. He is asking that the City waive the $150.00
fee and the Insurance compliance because the Navy is fully
responsible for the event and carries maximum coverages.
Councilman Adrian thought Mr. Jones should be coordinating
with the Mayor's office who is responsible to see that Staff
processes the necessary paperwork. He asked what the fee is
for with City Attorney Broughton stating the charge is to
off-set Staff time.
Ms. Jeanne Jackson, Disability Representative noted
receiving a letter from a wheelchair patient who
complimented the City on installation of the elevator. She
stated she had a complaint from a citizen regarding vehicles
parking on the sidewalk at the corner of llth & Callow. She
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noted that MondaY' a Quad needed to appear in Municipal
Court and without chair lifts, it was difficult without the
aid of Staff and family to transport him, even though the
elevator is in place. She asked when this will be
addressed.
City Attorney Broughton stated the City is working on an
alternative solution that could include scheduling/holding
hearings, involving handicapped, in a handicapped accessible
location if the City has advanced notice of a problem.
COUNCIL MEMBER REPORTS
Councilman Sturdivant, reported the Municipal Golf Course
has receipted $226,000 through July 28, 1985, and there has
been 31,000 players for an average of 200 per day in 1985.
He stated receipts are up $50,000 over the same period in
1984.
Councilman Mosely, reported he just returned from Reno,
Nevada, and that they have a new Wastewater facility the
size of Bremerton's, serving a population of 400,000. They
are experiencing slack construction therefore the citizens
of Bremerton can be pleased that our new facility has much
room for expansion/population growth and we are experiencing
continued new construction.
Councilman Drouin, stated he attended the Puget Sound
Conference on Governments but deferred report to Councilman
Anderson. He noted items #3 and 11 in the Wastewater report
and stated that any complaints on sewage odor should be
forwarded to him for follow-up. He disagreed with Ms.
Jackson that vehicles are parking on the corner of llth &
Callow which is in his district, stating it was impossible
because of four-laned traffic North, South, East and West.
Councilman Anderson, reported on the PSCOG meeting stating
that the Department of Ecology is trying to void the City's
water rights. A Resolution has been prepared which is
endorsed by City/County officials throughout Kitsap County
hoping to have some impact when the hearings resume. All
County officials are united in this opposition and the
Resolution will be submitted on Friday.
REQUEST FOR DISPOSAL OF BROWNSVILLE WELL, #AB85-337
Pulled from the Agenda at Study Session.
REQUEST & AGREEMENT FOR WORK BY COUNTY ROAD DEPARTMENT,
~AB85-338
The request and Agreement for work by the County Road
department will specify that the County will provide misc.
sign materials and services as required, including blanks,
letters, paint and pavement striping. If Council does not
approve this Agreement, the Street department asked that
Council approves the purchase/or rent of a striping machine
and a quantity of larger letters. Since the County has the
equipment and letters, it can perform our striping
requirements for a cost much less than if the City were to
purchase or rent a large striping machine.
City Attorney Broughton stated he and the Risk Manager were
concerned with the "hold harmless" clause and that it should
include verbiage as follows; "provided they (County) will be
responsible for own negligence.
· M/S/C/U/(Adrian/Amo) to approve a request and Agreement,
between the City and the County, for work by the County Road
department subject to the recommendation of City Attorney
Broughton to include verbiage "provided the County will be
responsible for own negligence".
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ORDINANCE (1ST READING) ESTABLISHING HANDICAPPED ACTION
COMMITTEE, #AB85-339
Future Revenue Sharing Funds are dependent upon the City of
Bremerton's compliance with Section #504 of the
Rehabilitation Act of 1973 which prohibits discrimination
against handicapped individuals or denies handicapped
individuals benefits or services of any program or activity
receiving Federal funds. The functions of the Handicapped
Action Committee is to monitor recipients of Federal funds,
prepare a Transition Plan and recommend non-structural
modifications which will bring the City into compliance with
Section #504.
Ms. Judith Katsirubas, City Auditor, spoke of the City's
responsibility to give "reasonable access to activites" as a
part of the Revenue Sharing guidelines and must comply by
October 1986. It does state that programs may be relocated
but at present, the City is not in compliance.
Councilman Adrian expressed concern that this is a
duplication of efforts the City's AA/EEO Officer is
responsible for and is not necessary. City Attorney
Broughton did not agree. Ms. Margery Holsather, Affirmative
Action Officer, noted that this gives an individual an
option when filing a complaint. Councilman Adrian thought
the verbiage "Quasi-judicial" makes this committee's actions
binding. Both Ms. Katsirubas and City Attorney Broughton
disagreed, stating that the committee may only recommend
action but cannot override the City Council or Mayor's
actions.
Councilman Sturdivant asked why the Auditor was part of the
committee until March of 1986 (non-voting) with Ms.
Katsirubas stating the intent is for the coordination to get
the committee started. She had no objections to striking
this sentence.
M/A/S/C/(Sturdivant/Adrian) to approve ordinance, first
reading as amended, establishing an Action Committee to hear
grievances pertaining to handicapped issues and to monitor
compliance with Sec. 504 of the rehabilitation Act of 1973,
as follows:
Sec.1, Lines 12-13, to read: "Two such citizens shall
be appointed by the Mayor and confirmed by the City
Council".
Sec.1, Lines 14-16, strike: "In addition, the City
Auditor shall serve as a non-voting member until
March, 1986 and at the discretion of the Affirma-
tive Action Officer, may chair the Committee".
Sec.2,c, Lines 7-11,strike: "Such grievances may
include complaints alleging discrimination on the
basis of handicap in employment; provided, however,
the committee has no jurisdiction to resolve com-
plaints brought by applicants for employment.
VOTE: In favor:
Opposed:
Motion PASSED.
Sturdivant, Horning, Mosely, Anderson,
Drouin and Adrian
Amo
Recessed/Reconvened from 6:30 - 6:45 p.m.
RESOLUTION #2078 - APPROVAL TO APPLY FOR ALEA GRANT FUNDS
(REVISION), #AB85-343
This Agenda Bill revises an approved Council action of June
26, 1985, including superseding Resolution #2072 with a new
Resolution. Staff requests that Council Re-approve Planning
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Department application for a $75,000 ALEA Grant requiring a
$25,000 match for the purpose of acquiring ownership of
pedestrian access from the easterly street stub of 4th
Street to the Inner Harbor Line and construction of a
pedestrian access structure thereon. The Council would have
to approve the aquisition and construction contracts after
satisfactory negotiations as a budget item.
Mr. Joe Fabre', Community Development Coordinator, stated
that the City originally requested that the grant
application would be to purchase accesses from 2nd and 4th
streets, however, he was advised when meeting with the
Department of Natural Resources, that the 4th Street access
is higher funding priority because the City owns only the
1st street waterfront access. Pedestrian access structure on
4th Street would serve as additional public access and as
the northern end of Phase I of the proposed waterfront
"boardwalk". A subsequent grant application for boardwalk
funding may be refused unless legal access at both ends of
boardwalk can be proven.
· M/S/C/U/(Adrian/Mosely) authorizing the City Planning
department to apply for an Aquatic Land Enhancement Account
(ALEA) Grant for the acquisition of public access and a
pedestrian access structure at the easterly end of 4th
Street on the Bremerton Waterfront with a limit on the
City's match commitment of $25,000 and, further, that
Resolution No. 2078 be executed to replace Resolution #2072.
HEARING - REQUEST FOR REZONE FROM R-1 TO B-2, 143 SOUTH
CALLOW - BOB MESSER ESTATE, #AB85-342
Council President Anderson asked the conflict of interest
question with all Councilmen remaining seated. He asked for
public to speak in favor or opposition to the proposed
rezone with no one coming forward. Staff representative
Dave Hanna was present for questions due to the absence of
Planner Bob Duffy. He stated that the Planning Commission
approved, unanimously the requested rezone on Planning
Resolution #753, June 18, 1985. Deputy Clerk Johnson read
into record a response from Mrs. Fisher, Box 4311, who was
willing to favor the rezone as long as no other property was
involved.
Councilman Adrian noted that there was noted traffic impact
problems which City Attorney Broughton advised there should
be a concomitant agreement approved with granting the
rezone. Councilman Sturdivant was concerned about the
encroachment of residential areas with Councilman Adrian
stating this is not a desirable area as residential.
M/S/C/U/(Amo/Adrian) to approve request for rezone from R-1
to B-2, 143 South Callow - Bob Messer Estate, subject to a
Concomitant Agreement addressing traffic problems plus a
site plan approval to protect remaining residential area.
ORDINANCE #3974 - LIBRARY ANNEXATION ORDINANCE AND
CONCOMITANT AGREEMENT, SECOND READING, #AB85-309
City Attorney Bill Broughton briefly reviewed Ordinance
#3974 for second reading and introduced Irene Henninger,
Director of the Kitsap Regional Library. Mayor Dawkins and
City Attorney Broughton met with the Library Board of
Directors and they unanimously concurred with the
annexation. Mr. Broughton explained the annexation would
serve the public interest, there would be a division of
assets, relieving the City of it's indebtedness and that
funding from the City would continue until after the first
of the year when taxes are assessed.
Councilman Sturdivant was opposed to the additional taxes
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that will be imposed on the citizens of the community
through property tax roles. He asked what would happen if
the citizens did not pass the levy issued on September
ballot with Mrs. Henniger stating it would not make any
difference. Board has already agreed to assume the City
debt in lieu of annexation. Councilman Sturdivant felt it
was a give-a-way and a poor business venture for the
citizens, stating he would actively campaign against it.
M/S/C/(Drouin/Adrian) to passed Ordinance #3974, (second -
reading) pursuant to Chapter 26, Laws of Washington, 1981,
and stating the intent of the City of Bremerton to annex to,
join, and become a part of the Kitsap County Rural Library
District; finding that the public interest will be served
thereby; and asking for concurrence by the Library Board.
VOTE: In favor: Horning, Drouin, Amo & Adrian
Opposed: Sturdivant, Mosely & Anderson
Motion PASSED
RESOLUTION #2076 - PLACING LIBRARY ANNEXATION ON ELECTION
BALLOT, #AB85-340
This proposed Resolution parallels the Ordinance and
Concomitant Agreement approved by Council on July 10, 1985.
This Resolution calls for a measure to be placed upon the
September ballot asking the citizens to determine whether
they should annex to the county-wide library district.
Councilman Sturdivant that an error appears on Ordinance
#3974 which should be changed from November to September 17,
1985 primary election. City Attorney Broughton noted the
change.
In answer to Councilman Mosely's question, if the Resolution
is not passed, the Ordinance would be mute.
M/S/C/(Adrian/Amo) to pass Resolution #2076, setting forth
the issue of annexation of the City of Bremerton into the
Kitsap Regional Library.
VOTE: In favor: Horning, Drouin, Amo & Adrian
Opposed: Sturdivant, Mosely & Anderson
Motion PASSED
RESOLUTION NO. 2077 - CITY FORCE ACCOUNT REQUEST, EMERGENCY
PISTOL RANGE WELL CONNECTION, #AB85-341
As a result of the current drought conditions being
experienced in this area, water supplies are less than
normal. Due to delay in the delivery of pumping equipment
for the anderson Creek project, the Utility's alternate
source of supply, connection of the Pistol Range Well to the
distribution system must be expedited. Estimated cost for
installation of approximately 900' of transmission main to
be installed by City Force Account is $18,011.89. This
amount exceeds the $15,000 limit set by the Revised Code of
Washington, therefore, City Council approval is required in
the form of an "emergency" Resolution for the Well
connection.
· M/S/C/U/(Drouin/Horning) to approve connection of the Pistol
Range Well to-the distribution system to develop additional
water source in an ~mergency situation per Resolution #2077,
authorizing Waiver of Bid Call for Water Main Installation
and declaring an "emergency" situation.
ORDINANCE #3978 - NEW PARKING CHAPTER TO CITY OF BREMERTON
ZONING ORDINANCE, FIRST READING, #AB85-308
The Parking Ordinance was reviewed by the City Council at
their regular meeting, July 17, 1985, with changes made as
discussed at that meeting. This ordinance de.]ls with
parking outside the Central Business District.
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· M/S/C/U/(Adrian/Horning) to approve Ordinance #3978, first
reading, which amends Title II, Chapter VII of Ordinance No.
1792, the Bremerton Zoning Ordinance, by adding Sections 748
to 759, which set forth new off-street parking and loading
requirements which are hereinafter provided, and which
amends Section 412 of Ordinance No. 1792 by adopting new
requirements for off-street parking and loading areas in R-2
Districts, and amending Pg. #8, Sec. 8, striking permanent
irrigation system to read "Provision shall be made for
maintenance of all plant material in parking lots".
ORDINANCE #3979 - PARKING ORDINANCE AMENDING THE RT DISTRICT
& ADDING REFERENCE TO THE NEW PARKING CHAPTER, FIRST
READING, #AB85-290
Ordinance No. 3732, amended the Bremerton Zoning Ordinance,
(Ordinance No. 1792) by creating the residential townhouse
district. This Ordinance amends Ordinance No. 3732 by
requiring that off-street parking and zoning in that
district be provided in accord with the new off-street
parking and Zoning Ordinance.
M/S/C/U/(Adrian/Horning) to approve Ordinance #3979, first
reading, amending Ordinance No. 3732, Section 354.
ORDINANCE #3980 - PARKING ORDINANCE DELETING THE CURRENT
REQUIREMENTS IN RESIDENTIAL, MANUFACTURING, AND COMMERCIAL
ZONING DISTRICTS AND ADDING REFERENCE TO NEW PARKING
CHAPTER, FIRST READING, #AB85-289
M/S/C/U/(Horning/Adrian) to approve, first reading, Ordi-
nance ~3980, pertaining to.off-street parking and loading
requirements, which amends Sec. 2, Sec. 4 and Sec. 6 of
Ordinance No. 2297, which amended Ordinance No. 1792 (The
Bremerton Zoning Ordinance) and which repeals Sec. 3 and
Sec. 5 of Ordinance No. 2297.
Items 9B, C, D, are to be tabled until after August 12,
1985, to allow staff input for final reading.
ORDINANCE 3972 - AMENDING CITY OF BREMERTON ZONING ORDINANCE
WITH THE ADDITION OF A PLANNED UNIT DEVELOPMENT CHAPTER,
SECOND READING, #AB85-258
Pulled for Staff input.
With no further business, meeting adjourned at 7:19 p.m.
GIL JC~N~ty City Clerk.. "
City of Bremerton
APPROVED:
ART ANDERSON, President
City Council
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