HomeMy WebLinkAbout08/07/85UNAPPROVED DRAFT
TAPE #272
~0029
#0083
#0099
CITY COUNCIL MEETING MINUTES
August 7, 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, August 7, 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, Russ Johnson and Jim
Adrian. Also present were Mayor Morrie Dawkins, City
Attorney Bill Broughton and Deputy City Clerk Gil Johnson.
Absent was Clyde Pachek.
The meeting was opened with the Pledge of Allegiance, led by
Council President Art Anderson and Councilman Spencer
Horning gave the invocation.
CONSENT AGENDA
Item #A - Minutes of July 31, 1985, #AB85-343.
· M/S/C/U/(Horning/Adrian to approve Agenda Item #A.
Item #B - Acceptance of Contract C-7, Improvements to Pump
Stations EB-3(31), EB-2(32), and Overflows 2,3,4,7, and
Manette, #AB85-344, All work has been completed and found to
be in conformance with the Contract Documents. Final
payment can be made to Teem Ventures, Inc. thirty (30) days
after Council accepts the contract, and Washington State
Department of Revenue certifies that no taxes or penalties
are due.
· M/S/C/U/(Drouin/Mosely) to approve Acceptance of Contract
C-7, Wastewater Treatment Facility, Agenda Bill #85-344.
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
recorded on a listing which has been made available to the
Council.
M/S/C/U/(Drouin/Sturdivant) on August 7, 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 #13690 - #13847, in the total amount of
$535,562.35.
MAYOR'S REPORT
Mayor Dawkins presented Proclamation #1 - designating August
11 - 17, 1985, as "Jaycee Muscular Dystrophy Week" with no
one present to accept. Proclamation #2 - designating August
12 - 17, 1985, as "Social Security Week" was presented by
Mayor Dawkins to Ms. Alberta Cansa, Director of the local
Social Security offices. She stated there is 20,100
beneficiaries in Kitsap County generating 7.5 Million
dollars into the community. She invited elected officials
to the Open House scheduled for August 16th.
Mayor Dawkins presented four Japanese students from our
Sister City "Kure, Japan" and their host families. They
were presented with plaques designating each as honorary
citizens of Bremerton and other momentos. The students sang
a Japanese song for the public after the presentations.
Mayor Dawkins stated that Ms. Karen Loftus has submitted her
resignation from the Planning Commission and he requested
Council confirmation for Mr. Leander Wright, who was unable
TAPE #272
City Council Reg. Mtg. Minutes
August 7, 1985
Page 2 of 5
UNAPPROVED DRAFT
#0565
tO be present. He noted that Mr. Tiny Collins, another
Planning Commissioner is running for .a Council seat,
therefore there will be another recommendation before
Council next week to fill the vacancy.
M/S/C/U/(Adrian/Amo) to confirm the appointment of Mr.
Leander Wright as Planning Commissioner to fill
unexpired term of Ms. Loftus.
the
PUBLIC RECOGNITION
Mr. Erik Blomsted, Pastor of the Sylvan Way Baptist Church
handed out leaflets regarding the "Teen Auto Show", to be
held Saturday August 24, 1985 from 1:00 - 4:00 p.m. He
encouraged the community to support the efforts of the youth
by their attendance.
Ms. Jeanne Jackson, noted that statistics report a higher
incident of Muscular Dystrophy in the Puget Sound area than
anywhere else in the United States.
Mr. Pete Flynn, Mainstreet Manager, noted the progress of
the Program and announced the most recent promotion of
"Adopt a Tree". The intent is to place approximately 250
select variety of trees, based on a recommendation from Dr.
Black, Arborist with the Seattle Parks Department. Each
contributor will have an engraved plaque placed at "his/her"
tree.
Ms. MaryLou Long, 2433 E. Phinney Bay Drive, criticized the
proposed Wastewater rate increases and noted that now that
the Plant is in place the Navy is proposing it's Steam Power
Plant. She stated that the Navy could not proceed until it
filled the EIS requirements which the Wastewater Plant has
accomplished. She outlined how an individual who vacations
elsewhere for the winter, could conceivably pay no water
charges during summer months in Bremerton because the water
rates are based on winter usage and felt this an unfair
formula.
ATTORNEY'S REPORT
City Attorney Bill Broughton reminded Councilmen that a
representative was requested from the Council to sit on the
Hearing Examiner's Panel for oral interviews. He noted that
there are 6 - 7 applicants.
COUNCIL MEMBER REPORTS
Councilman Drouin, was concerned about the proposed rate
increases stating that the issue has not been before the
Budget and Finance Committee and needs to have a Public
Hearing before Council plus an Ordinance before approval.
He thought the announcement of an increase was premature at
this time. He was critical of the figures provided by the
Treasurer and that they did not agree with meetings he
attended.
Councilman Sturdivant, noted that the next Gold Mountain
Golf Course Board of Directors meeting will be held on
August 15th at 2:30 p.m.
JOE MENTOR - LID PETITION, #AB85-346
Mr. Joe Mentor has submitted a L.I.D. Petition for
construction of curb, gutter, and sidewalk for his property
on the north side of Kitsap Way west of Corbet, which
includes the property east of Mentor's, belonging to Clair
Motors. According to LID procedures the Council must direct
the Engineering Department to proceed with the LID. Mr.
Dave Baker, Assistant Engineer, noted that the subject
property is not in the City and, if approved, the costs will
be borne by the property owners. In response to Councilman
TAPE #272
City Council Reg. Mtg. Minutes
August 7, 1985
Page 3 of 5
UNAPPROVED DRAFT
#1506
#2294
Horning, Mr. Baker stated he doubted that Mr. Mentor would
withdraw at a later date.
M/S/C/(Amo/Adrian) to approve the L.I.D. Petition, directing
the City Engineer to proceed with the L.I.D., submitted by
Mr. Joe Mentor.
VOTE: In favor: Sturdivant, Horning, Anderson, Drouin,
Amo, Adrian & Johnson
Abstain: Mosely
Motion PASSED
REALLOCATION OF REVENUE SHARING (WITHIN) PREVIOUS
APPROPRIATION, #AB85-347
In December, 1984, City Council allocated $4,000 of Revenue
Sharing Funds to Kit-No-Ma Council of Campfire and Totem
Girl Scout Council for relocation to the Manette Fire
Station. As noted in correspondence, the Board of Directors
of both agencies indicate that they cannot afford the cost
of a major move of their respective service and
administrative offices at this time. A search of records by
the agencies shows that the building was built in 1939 at no
cost to the City and it's current value is approximately
$127,000. The roof is currently in a severe state of
disrepair and apparently has been leaking for quite some
time. The Agencies request that Council approve releasing
the $4,000.00 of Revenue Sharing money to Kit-No-Ma-Council
of Campfire for the purpose of roof and other necessary
repairs to the building located at 1109 Warren Avenue.
Ms. Jean Markovich, Field Director/Totem Girl Scout Council
and Myrna J Clark, Acting Executive Director/Kit-No-Ma
Council of Campfire were available for questions.
Councilman Adrian asked if this request would fall under the
Davis-Bacon requirements and if so, repairs would be at a
much higher figure than would be covered by the Revenue
Sharing allocation. Ms. Markovich noted that the agencies
have no matching dollars pledged at this time. Councilmen
expressed concerns that; (1) is the building City owned;
(2) how long would the agencies occupy, even if needed
repairs were completed; (3) confusion regarding ownership as
previously reported; (4) whether or not a contract/lease is
on file, etc. It was suggested that the request be tabled
until it could be fully researched. City Attorney Bill
Broughton noted that this agenda item did not come to him
but was processed through verbal contact and that his staff
would need time to research. Councilman Amo asked further,
that "dedicated use" be defined.
· M/S/C/U/(Mosely/Sturdivant) to table for two weeks the re-
quest for reallocation of $4,000 Revenue Sharing allocation
to Kit-No-Ma-Council of Campfire/Totem Girl Scout Council to
make necessary repairs to roof and interior. (8/21/85)
ORDINANCE (2ND 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. Several amendments were approved
on first reading.
Councilman Adrian wanted to change SEC 2(a), Line 5-7 to
read "The Committee shall inventory and identify which City
programs and activities receive Federal funds, review such
programs for compliance with", etc.
Ms. Jeanne Jackson, Representative for Handicapped, did not
UNAPPROVED DRAFT
TAPE #272 & ~ 3
City Council Reg. Mtg. Minutes
August 7, 1985
Page 4 of 5
feel the word "identify" was good enough. Further she
wanted to add, because of a recent addendum to State Law,
the verbiage those who could not hear or speak to SEC 3(d).
Councilman Adrian agreed to a change of verbiage to read,
(line 7-9) - "Appropriate arrangements shall be provided to
accommodate handicapped persons in the hearing process"
Ms. Jackson was still displeased with the proposed change.
Councilmen agreed that Mr. Adrian's changes covered the
issue with Councilman Amo stating he was unsure what Ms.
Jackson was requesting.
#3004 ·
M/S/C/(Amo/Drouin) to make no changes to the verbiage, at
this time, tabling the second reading of the Ordinance for
two weeks, (8/21/85)
VOTE: In Favor: Mosely, Anderson, Drouin, Johnson
Opposed: Sturdivant, Horning
Abstain: Adrian
Motion to table PASSED
ORDINANCE (FIRST READING) BREMER'S REZONE FROM R-1 TO B-2,
1329 CRAWFORD DRIVE, #AB85-348
The Planning Commission approved the above rezone with
Resolution #739, City Council held hearings on April 3,
1985, also approving the rezone. Presented before Council
is a request to approve an Ordinance addressing the Rezone
and a Concomitant Agreement. Councilman noted that the
dates on the Agenda Bill (7/31/85 - First Reading) should be
changed.
#3073
· M/S/C/U/(Sturdivant/Mosely) to approve Ordinance, first
reading, amending the use and area maps of Ordinance #1792
upon application of rezone from R-1 to B-2 and subject to
various requirements and other applicable laws and
regulations (Bremer's Inc.).
#3109
· M/S/C/U/(Adrian/Horning) to approve the attached Concomitant
Agreement (Bremer's Inc.) with ordinance.
TAPE #273
#0101 ·
RESOLUTION #2079 - RESOLUTION ADOPTING SIX-YEAR
TRANSPORTATION PROGRAM 1986 - 1991, #AB85-350
A Resolution is required to approved the adoption of the
Six-Year Transportation Program which the City Council
adopted by vote after the hearing July 24, 1985.
M/S/C/U/(Drouin/Adrian) to approve Resolution #2079, adopt-
ing the Six-Year Transportation Program 1986-1991.
ORDINANCE, (FIRST READING) PUBLIC USE OF RIGHT-OF-WAY,
#AB85-349
This Ordinance governs the use of Public rights-ofTway in
the City of Bremerton. This Ordinance shall be referred to
as the "Street Use Ordinance". The Street Use Ordinance
requires individuals to obtain permits and pay fees upon
making certain uses of public rights-of-way which are
described within the ordinance. The ordinance also defines
offenses which arise from improper use of public rights-of-
way and describes penalties for such offenses.
Additionally, this ordinance repeals various ordinances in
the B.M.C. which conflict with the terms of this Ordinance.
This ordinance repeals the following ordinances: (1)
Ordinance No. 1675, codified at Chapter 11.12 of the BMC
which pertains to breaking of pavement in the City; (2)
Ordinance No,. 2364, codified at Chapter 11.16 of the BMC,
which pertains to the removal of trees and shrubs
obstructing public rights-of-way; (3) Ordinance No. 2547,
codified at Chapter 17.24 of the BMC which pertains to
construction projects executed on public propcrty; (4)
Ordinance No 3632, codified at Chapter 17.24 whicr. amended
Ordinance No. 2547 by adding provisions regulating
TAPE #273
City Council Reg. Mtg. Minutes
August 7, 1985
Page 5 of 5
UNAPPROVED DRAFT
#1542
excavation projects on public property and regulating the
installation of utility systems on public property.
City Attorney Bill Broughton stated this draft was patterned
after the City of Seattle Ordinance which has been in use
approximately 7 years and they are very pleased with the
results. He outlined several sections contained in the
draft and specifically Section #7 - "Legal Use of Streets"
which is the crux of the Ordinance. He noted that Section
43(N) needs modification and Section 46 should have an
addendum of food vendors such as hotdog stands, etc.
Councilman Amo was concerned about news stands/paper
carriers needing a permit with Mr. Broughton responding that
the Bremerton Sun could apply for a master permit to cover
carriers operating in the City. A concern about
landscaping, trees (ref. "Adopt a Tree"), etc. was addressed
by Councilmen who felt beautification efforts would regress
if this ordinance is inacted.
Mr. Pete Flynn, Mainstreet Manager, was concerned how this
ordinance would affect the Central Business District and Mr.
Broughton replied that when public property is involved, the
City stands the liability. He stated there are 3 cases in
litigating at this time regarding Rights-of-Way. Mr. Flynn
requested a 2 week delay for first reading approval.
Mr. Dave Baker, Assistant City Engineer, stated this
ordinance is a good document for the Engineering department
and defines the gray areas, as problems in the past when
issuing permits. He felt the community would be
issued/denied permits on a more fair basis with inactment of
the ordinance as drafted and will streamline the permit
process whereby all will be treated equal.
Councilman Drouin felt a need to table for public input
however, commended the efforts of the City Attorney and
Staff in preparing such a complex document.
M/S/C/(Adrian/Amo) to table first reading of an Ordinance
relating to and regulating the use and occupation of the
conduct of persons in and upon the public streets and places
within the City of Bremerton, providing for certain permits
and fees in connection therewith, prescribing penalties,
defining offenses and repealing Ordinance No. 2364, 1675,
2547, 3632 and adding a new chapter to the Bremerton
Municipal Code, for two weeks.
With no further business, meeting adjourned at 7:08 p.m.
GIL JO~, Deputy Cit~
City of Bl~N~'~rton Clerk
APPROVED:
ART ANDERSON, President
City Council
KLM:AA/cjs
cc Normal Distribution
File/Vault